Dave & Buster's Live Screenings

***MUST BOOK WITH DAVE & BUSTER'S SPECIAL EVENTS TEAM***

MUST PAY A NONREFUNDABLE 50% DEPOSIT AND SIGN CONTRACT WITH DAVE & BUSTER'S ARCADIA'S SPECIAL EVENT TEAM.

I. GENERAL RULES AND REGULATIONS FOR SUBMISSION OF A FILM TO DAVE & BUSTER'S:

The following is an explanation of rules and regulations (“Rules and Regulations”) governing the screening of projects (hereafter referred to as “the Project”) at Dave & Buster's Arcadia.

By agreeing to the Terms And Conditions, the entity submitting the Project (hereafter called the “Applicant”) acknowledges that he or she has obtained consent from any and all owners, creators, writers, producers and/or other authorized representatives of the Project (hereafter called the “Project’s Owners”) whose consent is required to screen at Dave & Buster's Arcadia and has read and understood the rules and regulations.

Project’s cannot contain nudity and prohibits discrimination on the basis of race, color, sex, religion, sexual orientation or ethnic origin.

It is the sole responsibility of the Applicant to secure authorization and permission from the copyright owner(s) of any and all copyrighted content or materials included within the submitted Project. Dave & Buster's Arcadia expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third-party claims for copyright infringement. Dave & Buster's Arcadia reserves the right to disqualify the Applicant and/ or Project with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any copyrighted content or material, Applicant shall fully indemnify and defend Dave & Buster's Arcadia, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

All Projects interested in booking a live screening at Dave & Buster's Arcadia must be booked with the Special Events Team.

RESERVATION AND DEPOSIT

Reservations are tentative and therefore may be cancelled by Dave & Buster's at any time until a signed contract and deposit are received by Dave & Buster's. A 50% deposit in the amount of $125 is due at the time the reservation (live screening) is made. Deposits are applied to the balance, and the entire balance is due on the event date. Unpaid balances will bear interest from due date at 1% per month not to exceed the highest rate allowable by law.

CANCELLATION POLICY

In the event the Host cancels this Dave & Buster's Special Event Contract (the "Agreement") prior to the initial arrival date of the event, Dave & Buster's will necessarily incur damages including, but not limited to, turning away other group events and the ancillary revenue associated with those events. Notwithstanding any other provisions of this Agreement, the Host shall have the right to cancel this Agreement, without cause, upon written notification to Dave & Buster's at any time prior to the event and upon payment of the amount expressed below:

Notice and payment received between signature and 30 days prior to event date: 50% of greater of the revenue subtotal or any required revenue minimum

Notice and payment received between 7 and 29 days prior to event date: 75% of greater of the revenue subtotal or any required revenue minimum

Notice and payment received between 0 and 6 days prior to event date: 100% of greater of the revenue subtotal or any required revenue minimum

No-show will be responsible the full contracted value of the event. The parties agree that the sums are not a penalty, but represent a reasonable effort on behalf of Dave & Buster's to establish its loss prospectively and represent liquid damages. Such payment shall be made by certified check or credit card and shall accompany notice from the Host to cancel this agreement. Any attempt to cancel without the inclusion of payment, as set forth above, shall be invalid.

CANCELLATION ON BEHALF OF DAVE & BUSTER’S

Dave & Buster's reserves the right to cancel any event at its facility upon a determination, in Dave & Buster's sole discretion, that (i) the event violates the Restrictions set forth in the foregoing paragraph, (ii) the Host misrepresented the event in any way (to Dave & Buster's or any other party) or (iii) the event would be harmful to Dave & Buster's and/or its guests. In the event of such cancellation, Dave & Buster's will refund all prepaid deposits in full for cancelled event in question.

RESTRICTIONS

Host understands and agrees that it shall not assign this Agreement, nor subcontract or resell the rights and benefits provided hereunder, nor act as a promoter for the event, including but not limited to selling tickets, charging admission/cover charges or seeking donations in lieu thereof; and that the event shall be conducted as described in this Agreement.

HOUSE POLICIES

Dave & Buster's House Policies, including certain restrictions regarding minors, apply. These restrictions include the following: guests under the age of 21 (legal drinking age) are not allowed to consume alcohol under any circumstances; guests under the minimum age as determined by each location must be accompanied by a parent or guardian, generally defined as a person 25 years of age or older, who agrees to be responsible for the conduct and safety of the underage guest; each parent or guardian can accompany a maximum number of underage guests determined by each location; and underage guests must remain with their parent or guardian at all times. (Please note that at our Milpitas and Ontario, CA locations, all guests under the age of 21 must be accompanied by a parent or guardian who is 30 years of age or older and must leave the facility no later than 11:00pm; and at various locations guests under the age of 21 must be accompanied by a parent or guardian who is 25 years of age or older and must leave the facility no later than 10:00pm) Check with your location for details. VALID I.D. REQUIRED: Dave & Buster’s requires identification for all guests under 25 years of age.

FOOD AND BEVERAGE

Host understands that consuming raw and undercooked meats, poultry, fish/shellfish or eggs may increase the risk of food borne illness, especially if a guest has certain medical conditions. Any food remaining at the conclusion of the event may be taken off premises. Host acknowledges that the handling and storage of any leftover food items are the Host's sole responsibility and Host agrees to release and hold Dave & Buster's harmless from any and all claims arising from the preparation and consumption of leftover food items. Foods left behind after the event's party will be discarded. Buffets are portioned per person and quantities based on the contracted number of guests. Buffet portions are finite and not replenishable. Additional charges will apply if more food is requested by Host, and extra servings are subject to availability. Dave & Buster's does not allow outside food of any kind to be brought into the facility without prior written approval. As a responsible server in accordance with state and local beverage regulations, we reserve the right to monitor and limit consumption of alcoholic beverages. It is customary to leave a gratuity for your service team, which will be shared among the servers, bartenders, and support team who work to ensure your event exceeds your expectations. To aid in your planning, a suggested gratuity of 20% of the total food and beverage charge is included in the event total in this document. For your convenience, the suggested gratuity amount will be included on the receipt you receive the date of the event. You may change the gratuity amount on the date of your event by adjusting the gratuity amount on your credit card slip or adjusting the amount of any cash gratuity. Pricing is subject to change.

NUMBER OF GUESTS ATTENDING THE EVENT

Final guest count must be received no later than five (5) business days (Monday - Friday) prior to the event. In the event we do not receive final count by this date, we will prepare for the original contracted amount and charge guest accordingly. If, on the day of the event, the attendance varies from the final count, the Host will be charged based on the greater number of guests. There will be a minimum count required for each event.

PAYMENTS

Host is responsible for all payments due under this Agreement upon the conclusion of the event. Once a credit card is charged for full or partial, Dave & Buster’s is unable to refund the credit card at a later date or accept alternate payment. D&B Rewards Qualifying Purchases shall not include Special Events, including Party Rental, Room Charge, Mystery Dinner Show fee and deposits, prepaid deposits, accounts receivable and/or promotional events. (see D&B Rewards official rules at daveandbusters.com) Dave & Buster's does not accept gift cards or personal checks for payment of amounts due under this Agreement.

LIMITATION OF LIABILITY

Neither party shall be liable to the other for any indirect, special, incidental, punitive or consequential damages or lost profits arising out of or relating to this agreement. Further, in no event shall Dave & Buster's aggregate liability arising out of or relating to this Agreement exceed the amounts paid by Host hereunder.

AGREEMENT

I, the undersigned Host or agent for Host, do hereby agree to the terms and conditions set forth herein. If I am an agent of the Host, I hereby state that I am able to enter into this Agreement on behalf of the Host.