LEGAL DISCLAIMER

Wendover Productions LLC (“WENDOVER”) WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND PARTICIPATION AGREEMENT

**PLEASE READ THE FOLLOWING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT (“RELEASE AND WAIVER”) CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PURCHASING AND PLAYING “JET LAG: THE GAME”, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THIS RELEASE AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW.

You, the consumer and end-user of this product, including every other user and participant with whom you may engage in Jet Lag: The Game activities, agree to comply with all laws while participating in any ”Jet Lag: The Game” activities. By engaging in Jet Lag: The Game activities, you are waiving important legal rights, and you should not engage in any Jet Lag: The Game activities unless you agree to fully abide by all terms herein.

You understand that engaging in Jet Lag: The Game activities inherently involves risks and may result in personal or bodily injury and other social and economic losses associated therewith. Further, there may be other risks not known and not reasonably foreseeable at this time. You are aware of the potential risks associated with these actions, which include the possibility of serious injury and/or death. You hereby assume full responsibility and voluntarily assume all risk for all damages, injuries, and losses that you and any other party with whom you may engage in the use of this product, may sustain or incur in connection with or relating to engaging in Jet Lag: The Game activities.

RELEASE AND WAIVER

In consideration of being allowed to purchase and play Jet Lag: The Game, you, the purchaser, end-user, and every other user or participant in Jet Lag: The Game activities hereby fully and completely RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE Wendover, the manufacturer of this product, together with its affiliated entities and its and their respective owners, officers, members, employees, agents, contractors, and representatives (collectively, the “Releasees”), from any liability for all claims, demands, losses, expenses or damages on account of damage to property or physical injury caused or alleged to be caused in whole or in part by participating in any Jet Lag: The Game activities, including, without limitation, any liabilities, claims, actions, or damages caused by the alleged or actual negligence of any of the Releasees, or errors or omissions, breach of any express or implied warranties, the action or inaction of any of the Releasees, or otherwise.

INDEMNIFICATION

You further agree that if you, or anyone on your behalf, or any other party with whom you have voluntarily engaged in Jet Lag: The Game activities, makes a claim against one of the Releasees as a result of any activities relating to the use of the Jet Lag: The Game product, YOU SHALL INDEMNIFY, REIMBURSE, and FOREVER HOLD HARMLESS the Releasees from all injuries, costs, damages, causes of action, claims and any consequential and incidental damages, including attorney’s fees, arising out of or resulting from any injury, death, or damage to property which you or any other user with whom you engage in any Jet Lag: The Game activities may sustain or cause as a result of your/their use of any Wendover games and/or any other products.

LIMITATION OF LIABILITY

WENDOVER AND ALL RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WENDOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, WENDOVER WILL NOT BE RESPONSIBLE FOR: (A) YOUR PARTICIPATION IN ANY JET LAG: THE GAME ACTIVITY; (B) PERSONAL INJURY; (C) DEATH; (D) PROPERTY LOSS, THEFT, OR DAMAGE; (E) ANY MEDICAL COSTS OF ANY KIND WHATSOEVER; AND/OR (F) ANY OTHER DAMAGES, LOSSES, CLAIMS OR LIABILITIES IN ANY WAY RELATED TO OR ARISING FROM YOUR PARTICIPATION IN ANY JET LAG: THE GAME ACTIVITY. YOU AGREE THAT WENDOVER’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF MONIES RECEIVED BY WENDOVER FROM YOU; AND (B) $50. NOTHING IN THIS WAIVER AND RELEASE SHALL BE CONSTRUED AS LIMITED WENDOVER’S LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. 

MISCELLANEOUS

This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by any legal body with jurisdiction thereof, all other parts of this waiver will continue to remain valid and enforceable.

YOU HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AND YOU ARE AWARE THAT BY USING THIS PRODUCT, YOU ARE WAIVING IMPORTANT LEGAL RIGHTS AND INTEND THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY ACCRUING TO THE SELLER OF THE Wendover PRODUCT TO THE GREATEST EXTENT PERMITTED BY LAW.