DreamPark Rental Agreement
Version 2026-10-30-usage-draft
1. The agreement and key terms
This DreamPark Rental Agreement (this "Agreement") is a legally binding contract between Dream Park Immersive, Inc. ("DreamPark", "we", "us" or "our") and the business named in the signature block ("you" or "your"), acting through the individual who signs on its behalf. It covers your rental of DreamPark headsets and your access to the DreamPark software ordered on this page, and any later change to it (for example, adding or removing headsets).
PLEASE READ SECTIONS 3B, 6, 9, 10 AND 12 CAREFULLY. THEY CONTAIN A FREE TRIAL THAT BECOMES A PAID RENTAL UNLESS YOU CANCEL, SAFETY RULES THAT YOU MUST FOLLOW AND MAKE SURE EVERY PLAYER FOLLOWS, YOUR ASSUMPTION OF THE RISKS OF PLAY, A RELEASE OF CLAIMS AGAINST DREAMPARK, LIMITS ON DREAMPARK'S LIABILITY, AND AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION INSTEAD OF IN COURT OR IN A CLASS ACTION.
THIS AGREEMENT CHARGES FOR USAGE. ON TOP OF THE MONTHLY PRICE, YOU PAY $0.10 PER HEADSET-MINUTE OF PLAY, AS SECTIONS 2 AND 3 DESCRIBE.
In this Agreement: "Service" means the DreamPark software, games, apps, websites and related services; "Device" means any headset or other device used with the Service, whether rented from us or owned by you or anyone else; "Equipment" means the Devices, controllers, chargers, cases and accessories we rent to you; "Official QR Portal" has the meaning in section 3C, and is not Equipment; "Player" means anyone who uses a Device with the Service, including you; and "Play Space" means the real-world area where a Device is used.
The individual signing must be at least 18 years old and confirms that they are authorized to bind the business. You are responsible for your employees and contractors and for every Player you allow to use a Device.
Our Terms of Use and Privacy Policy, published at dreampark.app, also apply. If they conflict with this Agreement, this Agreement controls. This Agreement replaces any earlier DreamPark terms you accepted for the Service.
2. What you get, and usage charges
For each headset you rent: a Meta Quest headset with the Service installed and managed by us, shipped to the address you give at checkout, plus access to every game in the DreamPark library. During a free trial, one headset ships first (section 3B).
Your rental includes access to every game with no playtime limits set by DreamPark. For it you pay the per-headset monthly price and a usage charge of $0.10 per headset-minute of play (the "Usage Rate"), with no free minutes included except as described below. We do not charge per-session or per-game fees, and you do not need to buy DreamPoints or credits to play. Your rental pays for a number of headsets, each at its own price per headset by type: one rented from us, or a Meta Quest you own. What your rental pays for is separate from the headsets registered to your QR Portals: any registered headset, rented or owned, can use any of them. A headset beyond that number is held and cannot play until you add it. A headset you add this way is a Meta Quest you own at the owned price, and we charge the prorated part for the current billing period. What you pay for stays until you lower it (section 3): if you remove a headset, your price stays the same and the open place keeps billing, ready for another headset. Headsets you add are on the same terms.
HOW USAGE IS MEASURED. A minute of play is time a Device spends in a play session, as recorded on DreamPark's servers, from when the Device joins the session until it leaves or the session ends. Each Device in a session is counted separately, so two headsets playing for ten minutes are twenty minutes. Seconds are added up across the calendar month (UTC) and the charge is rounded once, to the nearest cent, on that total. A Device's time in a session is not charged if it is under one minute; if it is one minute or more, all of that time is charged. We do not charge for play on a phone. Time is also free while the person signed in to the Device is the account owner of this plan or a team member you invited, up to 10 hours of that time per headset in each calendar month; beyond that it is charged. Time on a Device in Guest mode is always charged. Your running total for the current month is shown in your portal settings. Our server records decide the amount unless they are shown to be wrong; if you think a charge is wrong, tell us within 30 days of it.
You set your own prices for anyone you allow to use the Devices. What you sell outside DreamPark bookings is yours; section 3 covers the fee DreamPark keeps on bookings sold through DreamPark.
The game library changes over time: we add new games and may update or retire existing ones. We do not promise that any particular game will remain available, or that the Service will be uninterrupted or error-free.
3. Price, billing and automatic renewal
You pay, each month, for the headsets your rental pays for: the price per headset for each one by type, rented from us or a Meta Quest you own, as shown on your order and in your plan settings, plus any applicable taxes. A Meta Quest you own is never priced above a rented headset on the same rental. Section 3C covers the Official QR Portal, a one-time item.
USAGE CHARGES. In addition to the monthly price, you pay the Usage Rate of $0.10 per headset-minute of play for all play in each calendar month, in arrears. We will charge usage, plus any applicable taxes, to the payment method you give at checkout after each month ends, and earlier in the month whenever your unbilled usage reaches $500. An earlier charge is taken off what is due at the end of that month. A month's usage that comes to less than the minimum our payment processor can charge is not billed. Play during a free trial is not charged.
BOOKINGS THROUGH DREAMPARK. If you sell tickets or bookings through DreamPark (for example, on your DreamPark portal page), DreamPark takes the payment, keeps 10% of the price of each ticket (the "Booking Fee") and owes you the rest. DreamPark pays out what it owes you; your balance is shown in your portal settings. If a ticket is refunded, the whole price goes back to the buyer: DreamPark gives up its Booking Fee on that ticket and the rest comes off your balance. A chargeback or payment dispute on a ticket also comes off your balance. A booking keeps the Booking Fee in force when it was made. We can raise the Booking Fee for new bookings only, with at least 30 days' written notice by email, and not during any guaranteed period in section 7; a lower fee can apply at once. Anything you sell any other way is yours, and DreamPark takes no fee on it.
AUTOMATIC RENEWAL. YOUR RENTAL RENEWS AUTOMATICALLY EVERY MONTH. WE WILL CHARGE THE PAYMENT METHOD YOU GIVE AT CHECKOUT (PROCESSED BY STRIPE) THE MONTHLY PRICE SHOWN ON YOUR ORDER, PLUS ANY APPLICABLE TAXES, IN ADVANCE AT THE START OF EACH MONTHLY BILLING PERIOD, PLUS USAGE CHARGES AS DESCRIBED ABOVE, UNTIL YOU CANCEL AND THE EQUIPMENT IS RETURNED AS SECTION 8 DESCRIBES. YOU CAN CANCEL ONLINE AT ANY TIME AT DREAMPARK.APP/ACCOUNT/SUBSCRIPTION.
You can change the number of headsets your rental pays for in your plan settings. A higher number is charged prorated for the current billing period. A lower number takes effect at your next bill, with no credit for the current billing period, and can never be below the number of headsets registered across all your QR Portals. Rented headsets you lower come back to us and keep billing until we receive them, as section 8 describes. Your price per headset can only change as section 7 allows.
You authorize us to charge your payment method for all amounts due under this Agreement, including usage charges, the Official QR Portal and any more you ask for (section 3C), the higher monthly price and prorated charge when you add a headset or raise the number your plan pays for (sections 2 and 3), any replacement fee under section 4. If a payment fails, we will tell you and retry. If it is still unpaid 14 days later, we may pause the Service until it is paid. A pause does not cancel your rental or reduce anything you owe, and any usage charges or other amounts already owed stay owed. Amounts paid are non-refundable except as this Agreement or the law provides.
3B. Free trial
FREE TRIAL. If your order starts with a free trial, the checkout page and your confirmation email say so and show the exact date and amount. The trial lasts 14 days (the "Trial"). You give a payment card at checkout. Nothing is charged for your rental when the Trial starts, and you pay nothing for play during the Trial.
UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR TRIAL BECOMES A PAID RENTAL ON THE DAY IT ENDS, WITH NO FURTHER SIGNATURE. ON THAT DAY WE CHARGE YOUR FIRST MONTHLY PAYMENT (THE MONTHLY PRICE SHOWN AT CHECKOUT, ANY OFFICIAL QR PORTALS ON YOUR ORDER, AND ANY APPLICABLE TAXES) TO THAT CARD, AND YOUR RENTAL THEN RENEWS AUTOMATICALLY EVERY MONTH AS SECTION 3 DESCRIBES. WE EMAIL YOU A REMINDER 3 DAYS BEFORE THE TRIAL ENDS.
ONE TEST HEADSET. During the Trial we ship one headset (the "Trial Headset"), whatever number of headsets you ordered. We ship the rest of your headsets after your first monthly payment goes through. The Trial Headset is Equipment under section 4 from the day it is delivered.
CANCELLING DURING THE TRIAL. You can cancel at any time before the Trial ends from your account at dreampark.app/account/subscription. If you do, you owe nothing for the Trial: you are not charged, and your rental ends when the Trial ends, whether or not the Trial Headset has arrived back by then. Send the Trial Headset back within 14 days of cancelling, in the box it came in, using the prepaid return label that came in that box. A headset that is lost, damaged or not returned within that time is charged the $250 replacement fee in section 4.
IF THE FIRST PAYMENT FAILS. If we cannot charge your card when the Trial ends, we will tell you by email and try again. If the first payment has not gone through 3 days after the Trial ends, we may pause the Service until it does; a game already in progress finishes first. If it never goes through, your rental ends and the Trial Headset must be returned as described above.
ONE TRIAL. Each customer, and each headset, may have one free trial. If you have had one before, your rental starts without a Trial and the first payment is charged at checkout.
3C. Official QR Portal
REQUIRED. Your rental requires at least one Official QR Portal: the printed round QR code from DreamPark that players scan to start play (an "Official QR Portal"). An Official QR Portal is not Equipment: the replacement fee in section 4 and the return rules in section 8 do not apply to it.
PRICE. Unless your account already has one, your order includes one Official QR Portal. It costs $100, one time, and it is free when your order has 10 or more headsets or when your order shows it as free. Your order shows how many portals it includes and what you pay for them.
CHARGED ONCE. Any price for an Official QR Portal is charged once, with your first payment (after a free trial, with the first payment when the trial ends). It is not part of the monthly price and does not renew.
MORE PORTALS. If you later ask us for more Official QR Portals, you authorize us to charge the one-time price shown when you ask to your payment method on file.
OWNERSHIP, AND WHEN YOUR SUBSCRIPTION ENDS. Once delivered, the printed Official QR Portal is yours to keep, and you do not send it back. The code on it and everything it connects to stay DreamPark's and are part of the Service. When your subscription ends, the portal no longer starts play until you have a paid subscription again, and we do not refund it for that reason.
REPLACEMENTS. A replacement Official QR Portal with the same code costs $100, one time, when you order it.
PRINTED TRIAL CODES. A QR code you print yourself for a free trial is temporary. It stops starting play when the trial ends, unless you have a paid subscription by then.
4. Our Equipment, in your care
The Equipment remains DreamPark's property at all times. The risk of loss, theft or damage to it passes to you on delivery and returns to us when we receive it back. Until then you are responsible for keeping it secure, charged and reasonably clean, and for any loss, theft or damage beyond normal wear.
Do not sell, sublet, pledge, open, modify, factory-reset or remove DreamPark's device management from the Equipment. We may update, configure, lock or disable the Equipment remotely, including to install updates, enforce this Agreement or recover it after the rental ends. If a headset stops working through no fault of yours, tell us and we will replace it at no charge.
A headset that is lost, stolen, damaged beyond normal wear or not returned is charged a $250 replacement fee per headset.
A Meta Quest you own that you use on your rental is not Equipment. It stays yours, you are responsible for it, it never comes back to us, and the replacement fee does not apply to it.
5. License and permitted use
We grant you a limited, non-exclusive, non-transferable, revocable license, for as long as your rental is active, to use the Service on your Equipment and to let others play it. You may not copy, resell, sublicense or reverse engineer the Service or its games.
You are responsible for every Player you allow to use a Device, for cleaning Devices between Players, and for any waivers, releases, permits, licenses or insurance your use requires. DreamPark is not a party to any arrangement between you and your Players.
You will not use the Service in any way that is unlawful or that puts any person or property at risk.
6. Safe play rules (read carefully)
Mixed reality is physical. Playing with the Service means moving through a real space while looking at digital content, which carries a real risk of injury, including falls, collisions with people, walls, furniture or objects, eye strain, headaches, dizziness, nausea or motion sickness, seizures (including photosensitive seizures in people with no history of them), repetitive strain, and damage to property. The rules in this section apply to every Player and every session. You agree to follow them, and to make sure every Player you allow to use a Device follows them.
SAFE PLAY SPACE. You agree to set up and keep a safe Play Space for every session: an open area free of obstacles and hazards, including furniture, walls, windows and glass, doorways, stairways and steps, balconies, ledges and any other edge or drop-off, pools, ponds, fountains and any other water, cords and cables, sharp or breakable objects, wet, slippery or uneven floors, pets, and people who are not playing. Never play near anywhere a Player could fall, or fall into. Leave enough room to move freely in every direction, and set each Device's boundary to fit inside the safe space. Check the Play Space before every session, and again whenever anything in or around it changes. You are solely responsible for making sure the Play Space is safe before and during every session, for every Player; DreamPark does not inspect Play Spaces and is not responsible for them. Do not play, and do not let anyone play, in a space that is not safe.
DIGITAL CONTENT CAN HIDE REAL HAZARDS. The Service places digital 3D content over the real world. That content can cover, hide or blend in with real people, pets, objects, walls, doorways, edges, stairs and water, and a Device's camera view of the real world (passthrough) and any boundary system can be delayed, distorted, inaccurate or fail. DreamPark does not detect hazards and does not guarantee that any hazard, including a person, will be visible or not hidden by digital content. It is up to you and every Player to make sure the Play Space is free of hazards; never rely on what you see through a Device to know that the space is clear.
HANDHELD USE: LOOK BEFORE YOU MOVE. The Service is designed to be played handheld: the Device is held up to the eyes with the hands, without a head strap, so that it can be lowered at any moment. Before moving, and whenever unsure, every Player must lower the Device (or, if it is worn on the head, take it off), look at the real space directly, and move only after confirming the way is clear. Never walk or run while looking through a Device without checking first. If a Device is worn on the head, whether because it came with a strap, a strap, head mount or other attachment was added, or it is a headset you own, that use is entirely at your own risk. DreamPark is not responsible for any modification to a Device, or for any injury, illness, loss or damage arising from a Device being worn on the head or being harder to lower or remove.
CONSTANT SUPERVISION. Every child (anyone under 18), and anyone who needs help to play safely, must be directly supervised for the whole time they play by a responsible adult who is in the same room, watching them, and not using a Device themselves. You are responsible for arranging that supervision. A child must never play alone, and must never be left alone in or near the Play Space while a Device is in use. Do not let anyone younger than the Device manufacturer's minimum age use a Device.
DREAMPARK DOES NOT SUPERVISE. DreamPark provides the Equipment and the Service only. We are not present while you or anyone else plays; we do not watch, monitor or supervise Players, including children; and we do not check who plays, how or where. Features in our apps that pause, end or manage play are conveniences, not supervision, and must never be relied on in place of a person watching.
FIT TO PLAY. Do not play, and do not let anyone play, while impaired by alcohol, drugs or medication, while overtired or unwell, or against medical advice. Anyone who is pregnant, or has a heart condition, a history of seizures or epilepsy, balance, vision or inner-ear problems, or any other medical condition should ask a doctor before playing. Stop immediately at any dizziness, nausea, eye strain, disorientation or discomfort, and take regular breaks.
MANUFACTURER WARNINGS. Every Player must read and follow the health and safety warnings, age rules and instructions published by the Device's manufacturer (for Meta Quest headsets, Meta's health and safety warnings). They form part of these rules.
SHARING THESE RULES. Before anyone plays, you will tell them these rules (and, for a child, the adult supervising them). You will not let anyone play who will not follow them.
THESE RULES ARE BINDING. They are a condition of your right to use the Service and a material part of this Agreement. If they are not followed we may suspend or end the Service immediately (section 8). You are responsible for any injury, illness, loss or damage that results from them not being followed, and your indemnity in section 9 covers any claim that arises from it.
7. How long your price and Usage Rate are guaranteed
Your per-headset monthly price, Usage Rate and Booking Fee percentage are guaranteed for 3 months starting on the day your rental begins (the "Guarantee Period").
After the Guarantee Period ends, these terms may be subject to change. DreamPark may change the per-headset monthly price, the Usage Rate, the Booking Fee percentage, which games are included, usage or playtime limits, or introduce other charges for content. We will give you at least 30 days' written notice by email before any such change takes effect. If you do not accept it, you may cancel before it takes effect with no cancellation fee; if you keep using the Service after that date, the change applies to you. Until we give notice, your terms continue unchanged.
If you cancel and later rent again, the terms DreamPark offers at that time apply.
8. Term, cancelling and returns
The rental is month to month, with no cancellation fees. The Guarantee Period is a commitment from DreamPark, not a minimum term for you. Usage charges for play up to the end stay due and are billed after it ends.
To cancel, request it from your account at dreampark.app/account/subscription, then pack the Equipment in the box it came in and send it back with the prepaid return label that came in that box. Your rental, and its billing, continue until we receive the Equipment back; it ends on the day it arrives and nothing more is charged after that. Please send it within 14 days of your request; section 4 covers anything not returned. Lowering the number of rented headsets in your plan settings works the same way for those headsets: their billing continues until we receive them, then your bill goes down with no credit for that month. Only Equipment comes back; a Meta Quest you own stays yours. Cancelling during a free trial works differently: section 3B covers it.
We may suspend the Service or end this Agreement immediately, without a cure period, if you or any Player you allow breaks section 6, misuses the Service, or uses a Device in a way that puts anyone at risk. Otherwise, we may end this Agreement if you materially breach it and do not fix the breach within 14 days of our notice. If we end this Agreement, you will return the Equipment within 14 days.
9. Assumption of risk, release and indemnity
ASSUMPTION OF RISK. YOU UNDERSTAND THAT USING THE SERVICE AND ANY DEVICE INVOLVES INHERENT AND OTHER RISKS OF PHYSICAL INJURY, ILLNESS, DEATH AND PROPERTY DAMAGE, INCLUDING THOSE DESCRIBED IN SECTION 6, SOME OF WHICH CANNOT BE ELIMINATED. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THOSE RISKS, KNOWN AND UNKNOWN, FOR YOURSELF, AND YOU ARE RESPONSIBLE FOR THOSE RISKS AS THEY AFFECT EVERY PLAYER YOU ALLOW TO USE A DEVICE.
RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, RELEASE, WAIVE AND FOREVER DISCHARGE, AND AGREE NOT TO SUE, DREAMPARK, ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND CONTENT CREATORS (THE "DREAMPARK PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES AND LOSSES FOR INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR ANY OTHER LOSS ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR ANY DEVICE BY YOU OR BY ANYONE YOU ALLOW TO USE ONE, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY DREAMPARK PARTY.
As to the claims released in this section, you waive the benefit of California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party," and of any similar law of any other jurisdiction.
MINORS AND OTHER PLAYERS. You are responsible for obtaining from each Player (and, for anyone under 18, their parent or legal guardian) any consent, waiver or release that you consider appropriate or that the law requires. DreamPark is not a party to any arrangement between you and your Players.
INDEMNITY. You will defend, indemnify and hold harmless the DreamPark Parties from and against any and all claims, demands, losses, damages, liabilities, settlements, costs and expenses (including reasonable attorneys' fees) brought by any third party, including any Player, employee, contractor or customer of yours, or anyone acting for a minor, that arise out of or relate to (a) the use of the Service or any Device by you or anyone you allow to use one, (b) any Play Space, (c) any modification of a Device, or (d) your breach of this Agreement, including section 6, except to the extent finally determined to have been caused by the gross negligence or willful misconduct of a DreamPark Party. We may take part in the defense with counsel of our choice at our own expense, and you may not settle any claim against a DreamPark Party without our written consent.
10. Disclaimers and limitation of liability
THE SERVICE, THE EQUIPMENT, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, DREAMPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SAFETY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THAT, DREAMPARK DOES NOT WARRANT THAT THE SERVICE OR ANY DEVICE WILL DETECT, SHOW OR WARN OF ANY HAZARD, OR THAT ANY BOUNDARY, PASSTHROUGH OR SAFETY FEATURE WILL WORK.
TO THE FULLEST EXTENT PERMITTED BY LAW, NO DREAMPARK PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE OR ANY DEVICE, HOWEVER CAUSED AND EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DREAMPARK PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICE OR ANY DEVICE, IN ANY FORM OF ACTION, IS LIMITED TO THE AMOUNT YOU PAID US UNDER THIS AGREEMENT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT LIMIT YOUR PAYMENT OBLIGATIONS, YOUR OBLIGATIONS FOR THE EQUIPMENT OR YOUR INDEMNITY.
Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence or willful misconduct where the law does not allow it to be limited. Where the law does not allow a limitation in this Agreement, it applies to the fullest extent the law does allow.
You agree that sections 6, 9 and 10 are a fundamental part of this Agreement and are reflected in its price, and that DreamPark would not provide the Service on these terms without them.
11. Data
Devices send us usage and diagnostic data (for example, which games are played and for how long, and how the Device is performing) so we can run the Service, keep it safe, support you, calculate your usage charges and pay game creators. The Service uses a Device's cameras and sensors to place digital content in the space around it. Depending on the features you turn on, the Service can also capture scans and photos of the space and record video and microphone audio of play, including of Players and anyone nearby, and you are responsible for telling Players and for any consent the law requires. We handle all of this as described in our Privacy Policy. If Players sign in to DreamPark, their accounts are governed by our Terms of Use.
12. Disputes: arbitration and class action waiver
This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act.
Before starting arbitration, a party must send the other a written notice describing the dispute and the relief it wants, and the parties will try in good faith to resolve it for 30 days. Notices to DreamPark go to support@dreampark.app.
ARBITRATION. EXCEPT AS SET OUT BELOW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE OR ANY DEVICE, INCLUDING ITS FORMATION, SCOPE OR ENFORCEABILITY, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES THEN IN EFFECT, BEFORE A SINGLE ARBITRATOR, IN LOS ANGELES COUNTY, CALIFORNIA. Judgment on the award may be entered in any court with jurisdiction.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND DREAMPARK EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) WILL BE DECIDED IN COURT, NOT IN ARBITRATION.
Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or, for DreamPark, to recover the Equipment. Any claim that is not arbitrated will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to their jurisdiction.
To the extent the law allows, any claim arising out of or relating to this Agreement, the Service or any Device must be brought within one year after it arises, or it is permanently barred.
13. General
You may not assign this Agreement without our written consent; we may assign it to a successor of our business. Notices to you go to the email on your account and are effective when sent; notices to us go to support@dreampark.app. We are not responsible for any delay or failure caused by events beyond our reasonable control.
We may update this Agreement for future orders. A change to your price, included games, limits or content charges follows section 7. Any other change to this Agreement that applies to you takes effect only after 30 days' notice by email, and you may cancel before it takes effect with no cancellation fee.
If any part of this Agreement is held unenforceable, it will be enforced to the maximum extent permitted and the rest of this Agreement remains in effect. A failure to enforce any part is not a waiver of it. Sections 4 (for Equipment not yet returned), 6 (for any use that took place during this Agreement), 9, 10, 11, 12 and 13, and all amounts owed, survive the end of this Agreement.
This Agreement, together with your order and the documents it refers to, is the entire agreement between you and DreamPark about its subject and replaces all earlier understandings about it. You agree that your typed name and your checking of the boxes to accept are your electronic signature, that you intend to sign, and that this Agreement is as binding as one signed on paper under the federal E-SIGN Act and applicable state law. The individual signing confirms that they are authorized to sign for the business named below. You may print or save a copy of this Agreement at any time.
