By joining Fargo Pinball, members agree to certain rules of the club (the “Club Rules”). When members do not follow the Club Rules, it affects all of the members, therefore please review all Club Rules carefully before executing your Fargo Pinball Membership Application (“Membership Application”).
1. Acceptance of Terms.
The services that Vendee, LLC d/b/a Fargo Pinball (“Fargo Pinball”) provides to you are subject to the Club Rules. Fargo Pinball reserves the right to update the Club Rules at any time. Fargo Pinball will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Application.
2. Description of Services.
Fargo Pinball will provide you access to the pinball club premises that shall include access to pinball machines and arcade video game machines (collectively, “Services”). Access to the club will generally be available from 6am to 12am, but there may be dates/times in which the club is closed to the members for a private event. Advanced notice of any events shall be provided to members at least 12 hours in advance and posted to a public events calendar. The Services at all times are subject to the Club Rules and may change at the discretion of Fargo Pinball at any time.
To be a welcoming space for all members, Fargo Pinball has certain rules of conduct. While the rules of conduct could be boiled down to “treat each other in the way that you wish to be treated,” these are the general rules that members must abide by:
a.Sportsmanship. All members will exhibit good sportsmanship at all times and specifically agree not to cheat, not to modify any machine in any way, and not to otherwise alter any machine’s behavior.
b.Harassment. Harassment is not tolerated. Members or guests who are harassing anyone will be sanctioned, expelled, or have their membership revoked indefinitely. Foul language, especially in the presence of children, will not be tolerated.
c.Guests. Feel free to invite friends or guests for a tour of the club or to play a few games. Please note, all guest are required to adhere to the Club Rules and must be accompanied by a member at all times. You will be responsible for all the actions of any guest that you bring into the Club.
d.Minors and Children. Minors under the age of 16 must be accompanied at all times by an adult club member
e.Alcohol policy. Alcoholic beverages will not be allowed in the Club without the express, written consent of Fargo Pinball. Intoxication is not permitted.
f.Tobacco/Vaping policy. No tobacco or vaping products are allowed inside the Club or within twenty (20) feet of any entrances, exits, windows, air intakes and ventilation systems per North Dakota smoke-free law.
g.Animals. To ensure members with allergies, asthma, and other health conditions have a safe place to play, Fargo Pinball does not permit any animals on premises. Even though we are a private club and not required to, Fargo Pinball welcomes service dogs that can be easily identified as such. (vest, collar, etc)
h.Heat & air conditioning. We set the heat and air conditioning to fit the needs of most people; please do not raise or lower the temperature without the consent of a Fargo Pinball staff member. If the heat or air conditioning do not seem to be working, please notify an Fargo Pinball representative via email@example.com.
i.Locks. The doors will automatically lock throughout the day; please do not prop open the doors if they are locked. The security of our members and their property is important, please notify a Fargo Pinball Representative via firstname.lastname@example.org if the doors fail to lock or otherwise malfunction.
j.Keys. Each member shall be issued a key card/fob to permit entrance at times when the outer door is locked. If a member loses their key, they shall pay a $25.00 replacement fee.
k.No Other Unlawful or Prohibited Use. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices contained herein.
Fargo Pinball reserves the right to terminate any service at any time. Fargo Pinball further reserves the right to terminate your participation in and use of the Services, immediately and without notice. All membership fees are non-refundable.
6. Consent to be Filmed
Fargo Pinball will be utilizing video and photography security equipment to protect the machines. You hereby grant Fargo Pinball the irrevocable and unrestricted right to film and/or photograph you while on location. Fargo Pinball reserves the right to use any captured video and photographs for the purposes of rules enforcement, criminal prosecution, or civil litigation.
7. Disclaimer of Warranties.
While Fargo Pinball will do its best to maintain and keep the machines in working condition, repairs and downtime will be required from time to time. While there will always be machines available to play, we cannot guarantee that any specific game will always be available.
To the maximum extent permitted by applicable law, Fargo Pinball provides the services “as is” and with all faults, and hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory.
8. Limitation of Liability and Remedies.
In no event shall Fargo Pinball or its agents, owners, or employees be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever arising out of or in any way related to the Services or otherwise, to the extent permitted by law, and your exclusive remedy for all of the foregoing, if any, shall be limited to actual damages incurred up to a maximum amount of ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.
You release, and hereby agree to indemnify, defend and hold harmless Fargo Pinball, its affiliates, divisions, and their past, present and future officers, agents, shareholders, members, directors, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your our your guests’ negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you or one of your guests bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Fargo Pinball or its respective officers and agents in connection with the defense of such claim or lawsuit.
In the event that any provision or portion of the Club Rules is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of the Club Rules shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
11. Choice of Law and Jurisdiction.
The Parties agree that the law of North Dakota governs this Agreement and that the exclusive jurisdiction and venue for all purposes under this agreement shall be Cass County in the State of North Dakota and that any defense of forum non conveniens shall not apply.
By submitting and signing a Fargo Pinball Membership Application, I hereby acknowledge that I have read and understood all of the terms and conditions contained in these Club Rules and agree to be bound to their terms regarding my participation in and use of the Services.