Liability Waiver & Release

This Liability Waiver, Release, and Assumption of Risk Agreement ("Waiver") is entered into between you (whether acting as a hunt player, hunt creator, or both, "You" or "User") and MachineWeaver LLC, a Delaware limited liability company licensed to operate in California ("MachineWeaver," "Company," "we," "us," or "our"), the operator of the TreasureRat platform ("TreasureRat" or the "Service"). This Waiver supplements, and is incorporated by reference into, our Terms of Service.

By checking the acceptance box presented to you in the Service, or by otherwise participating in any hunt on the Service as a player or creator, You acknowledge that You have read, understood, and agree to be bound by this Waiver. If You do not agree, You must not use the Service.

1. Nature of the Service and Inherent Risks

TreasureRat is a platform that enables users to create and participate in real-world treasure hunts and scavenger hunts. Participation in a hunt may involve, without limitation, the following activities:

• Physical activity, including walking, running, climbing, bending, reaching, and other forms of exertion;
• Outdoor navigation using GPS, maps, and directional cues;
• Travel to and from physical locations, including locations unfamiliar to You;
• Interaction with the natural environment, including weather, terrain, wildlife, plants, bodies of water, and other environmental conditions;
• Interaction with the built environment, including streets, traffic, buildings, parking areas, construction, and public and private spaces;
• Interaction with other people, including other players, members of the public, property owners, and emergency personnel; and
• Use of personal electronic devices, including mobile phones, while in motion or in unfamiliar locations.

You acknowledge that these activities carry inherent risks that cannot be eliminated regardless of the care taken, including but not limited to:

• Physical injury, including cuts, bruises, sprains, strains, broken bones, concussions, heat exhaustion, dehydration, hypothermia, drowning, animal or insect bites, allergic reactions, heart attack, stroke, paralysis, and death;
• Damage to or loss of personal property, including mobile phones, vehicles, and personal belongings;
• Traffic-related injuries or collisions as a pedestrian, passenger, or driver;
• Exposure to extreme weather, uneven terrain, poisonous plants, dangerous wildlife, and insects;
• Encounters with unsafe persons, criminal activity, or emergency situations;
• Falls, trips, slips, and similar accidents;
• Getting lost, stranded, or separated from others; and
• Emotional distress, embarrassment, or disputes with others.

You voluntarily and knowingly assume all such risks, both known and unknown, and accept full responsibility for Your participation and for any consequences arising from it.

2. User-Generated Content and Third-Party Hunts

You understand and acknowledge that TreasureRat is a platform for user-generated content. MachineWeaver does not create, select, curate, verify, inspect, approve, or endorse any hunt, clue, location, question, image, or other content created by hunt creators. MachineWeaver is not a hunt creator, hunt organizer, tour operator, or travel provider.

Hunts on the Service are created by third-party users who are solely responsible for their content and for the suitability, safety, legality, and accuracy of any location, clue, or instruction included in their hunts. MachineWeaver does not verify that any location in a hunt is safe, publicly accessible, legally accessible, or appropriate for any particular participant.

You acknowledge that You are solely responsible for evaluating the safety, legality, and suitability of any hunt before and during participation, and for exercising independent judgment at every step.

3. Player Responsibilities

If You participate in a hunt as a player, You agree that:

• You play at Your own risk and on Your own initiative. Your decision to begin, continue, or end a hunt is Yours alone. You will not hold MachineWeaver, TreasureRat, or hunt creators responsible for Your decision to play or for any action You take during or in connection with play.
• You are responsible for Your own safety and, where applicable, the safety of minors or other persons in Your care. You will exercise caution, good judgment, and situational awareness at all times.
• You will obey all laws, traffic signals, posted signs, and lawful instructions from property owners, law enforcement, and emergency personnel. You will not trespass, enter restricted or private areas without permission, or engage in any illegal activity in connection with a hunt.
• You will not enter onto private property, restricted areas, or government facilities — including, without limitation, schools, courthouses, military installations, hospitals, utility infrastructure, and law enforcement facilities — or any location that is closed, gated, posted against entry, or otherwise not open to the public, regardless of whether a clue or other hunt content directs You to do so. If a hunt clue appears to direct You to such a location, You will stop, report the hunt to MachineWeaver through the in-app reporting tool, and not proceed.
• You assume sole responsibility for any civil or criminal liability arising from Your entry onto property You do not have permission to enter, including but not limited to claims of trespass, nuisance, or invasion of privacy.
• You will not rely exclusively on in-app instructions, GPS, or clue content. You will use independent judgment about the safety and legality of any location or action suggested by a hunt before proceeding.
• You will stop or abandon any hunt at any time if You feel unsafe, uncomfortable, uncertain, injured, fatigued, or if conditions change. No prize, progress, or completion reward is worth Your safety.
• You are physically and mentally fit to participate in the activities involved, or You have consulted a medical professional and received clearance to do so.
• You will not participate while impaired by alcohol, drugs, medication, fatigue, or any other condition that could affect Your judgment or physical ability.
• You will supervise minors at all times. Participants under the age of eighteen (18) must be accompanied and actively supervised by a parent or legal guardian who has accepted this Waiver on their behalf and assumes responsibility for their safety.
• You are responsible for carrying appropriate supplies, including water, weather-appropriate clothing, a charged phone, and any personal medical items You may need.

4. Creator Responsibilities

If You create, publish, or host a hunt on TreasureRat as a creator, You agree that:

• You will comply with our Terms of Service in full, including all provisions relating to acceptable use, player safety, and content ownership.
• You will not create clues or hunts that encourage players to violate any law, trespass on private property, enter restricted or dangerous areas, or engage in reckless, harmful, or illegal behavior.
• You are solely responsible for the safety, legality, and suitability of every location used in Your hunts. This includes verifying that locations are publicly accessible, free of obvious hazards, and appropriate for the intended audience.
• You represent and warrant that You have express permission from the property owner or authorized agent for any location on private property included in a hunt You publish, You will retain documentation of that permission, and You will provide it to MachineWeaver upon request. You will not include any location in a hunt where players would need to trespass, evade barriers, or violate any posted rule in order to reach a clue.
• You will provide accurate information in clues and instructions, and You will not include content that is fraudulent, deceptive, threatening, harassing, discriminatory, obscene, or otherwise unlawful.
• You will not direct players to any location or activity You have not personally evaluated for safety and appropriateness.
• You acknowledge that You may be held legally responsible to players or third parties for injuries, damages, or losses resulting from Your hunts, and You accept that responsibility.
• You agree to defend, indemnify, and hold harmless MachineWeaver and the Released Parties from any claim, demand, or cause of action brought by any property owner, neighbor, public agency, or other third party arising from the locations selected for, or the conduct of players in, hunts You create — whether the claim sounds in trespass, nuisance, invasion of privacy, negligence, right of publicity, or any other theory — as further described in Section 9.

MachineWeaver reserves the right, but has no obligation, to review, remove, or disable any hunt or content that we believe, in our sole discretion, violates this Waiver or our Terms of Service.

5. Release and Waiver of Liability

IN CONSIDERATION OF BEING PERMITTED TO USE THE SERVICE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MACHINEWEAVER LLC, TREASURERAT, AND THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU, ANY MINOR IN YOUR CARE, OR ANY PROPERTY BELONGING TO YOU, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE OR YOUR PARTICIPATION IN ANY HUNT, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES OR ANY OTHER CAUSE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY APPLICABLE LAW, AND THAT IF ANY PORTION HEREOF IS HELD INVALID, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.

Nothing in this Waiver shall be construed to release the Released Parties from liability for gross negligence, recklessness, intentional misconduct, fraud, willful injury, statutory violations that may not be waived, or any other liability that cannot be waived as a matter of law.

This Section 5 does not apply, and shall be deemed severed under Section 14, to the extent that pre-injury releases of liability for personal injury are unenforceable under the law of Your state of residence at the time of the event giving rise to a claim. You acknowledge that some U.S. states do not enforce pre-injury waivers of liability for personal injury as a matter of public policy, and this Section is intended to be enforceable in all other jurisdictions to the fullest extent permitted by their law.

6. Assumption of Risk

YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS OF LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU, ANY MINOR IN YOUR CARE, OR ANY PROPERTY BELONGING TO YOU, WHILE USING THE SERVICE OR PARTICIPATING IN ANY HUNT, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.

You acknowledge that this assumption of risk includes risks that are known and unknown, foreseen and unforeseen, and that may arise from the actions or inactions of Yourself, other players, hunt creators, third parties, or the Released Parties. The doctrine of assumption of risk operates independently of the release in Section 5 and remains effective even where pre-injury releases of negligence are limited by applicable law.

7. Disclaimer of Warranties

THE SERVICE AND ALL HUNTS, CLUES, LOCATIONS, INSTRUCTIONS, AND OTHER CONTENT PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT ANY HUNT, LOCATION, OR INSTRUCTION IS SAFE, ACCURATE, LEGAL, CURRENT, COMPLETE, OR APPROPRIATE FOR ANY PARTICULAR USER OR PURPOSE. THE RELEASED PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS WAIVER OR THE TERMS OF SERVICE, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS WAIVER, THE SERVICE, OR ANY HUNT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATED TO THIS WAIVER, THE SERVICE, OR ANY HUNT — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO MACHINEWEAVER FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation does not apply to liability that cannot be limited as a matter of law, including but not limited to liability for gross negligence, recklessness, intentional misconduct, or fraud. This Section 8 applies in addition to, and not in place of, the release and assumption of risk set forth in Sections 5 and 6. If any portion of this Section 8 is held unenforceable in any jurisdiction, the remainder shall continue in full force and effect, and the unenforceable portion shall be deemed severed under Section 14 only as applied in that jurisdiction.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of the Service or participation in any hunt;
• Your creation, publication, or hosting of any hunt or content on the Service;
• Your violation of this Waiver, the Terms of Service, or any applicable law or regulation;
• Your infringement or misappropriation of the rights of any third party, including any claim of trespass, nuisance, invasion of privacy, defamation, or violation of any right of publicity;
• Any injury, loss, or damage suffered by You, a minor in Your care, or any third party arising from Your conduct or the conduct of any person participating in a hunt at Your direction or invitation; and
• Any claim brought against a Released Party by any other player, participant, property owner, neighbor, public agency, or other third party arising from a hunt You created or in which You participated.

10. Medical Authorization

You authorize the Released Parties, in the event of injury or illness, to seek emergency medical treatment on Your behalf or on behalf of any minor in Your care, and You agree to be financially responsible for the costs of any such treatment. This authorization does not create any obligation on the Released Parties to provide or summon medical assistance.

11. Photo, Image, and Content Representations (Creators)

If You upload, embed, or otherwise include any photograph, video, audio, artwork, written text, or other content in a hunt You create, You represent and warrant that You either own all rights necessary to do so, or have obtained all necessary licenses, permissions, releases, and consents, including but not limited to:

• Copyright licenses for any third-party creative work;
• Right-of-publicity or model releases for any identifiable individual appearing in any photograph, video, or audio recording;
• Permission of any property owner whose private property appears in any photograph or video where the property is identifiable; and
• Any other consent required under applicable law.

You grant MachineWeaver a worldwide, royalty-free, sublicensable license to host, store, display, and transmit such content as necessary to operate the Service, consistent with the license granted in Section 6 of the Terms of Service.

You agree to indemnify the Released Parties under Section 9 for any third-party claim arising from a defect in or absence of the rights, licenses, or consents described in this Section 11.

12. Minors and Parental Acceptance

Users under the age of eighteen (18) may not use the Service except under the active and continuous supervision of a parent or legal guardian. By allowing a minor in Your care to participate in any hunt, You represent and warrant that:

• You have full legal authority to make decisions for the minor;
• You have read and accepted this Waiver and the Terms of Service on behalf of the minor and on Your own behalf;
• You will accompany, supervise, and remain responsible for the minor throughout any hunt;
• You release the Released Parties, on Your own behalf and on behalf of Your spouse, heirs, and personal representatives, from any claim You may bring in Your own right (including without limitation any claim for medical expenses, loss of services, loss of consortium, or emotional distress) arising from any injury, loss, or damage to the minor or to Yourself incurred in connection with the minor's participation;
• To the fullest extent permitted by the law of the minor's state of residence, You release the Released Parties from any claim that may be brought by or on behalf of the minor; and
• You agree that Your contractual obligation to actively supervise the minor is a material inducement for MachineWeaver to permit the minor's participation, and any breach of that obligation is itself a basis for indemnification under Section 9 if a third party suffers harm in consequence.

You acknowledge that some U.S. states do not enforce parental pre-injury waivers of a minor's tort claims as a matter of public policy. In those states, paragraph (e) of this Section is severable, and the remaining paragraphs (a) through (d) and (f) shall continue in full force and effect.

13. Governing Law; Dispute Resolution; Class-Action and Jury-Trial Waiver

This Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. The choice of California law shall not be construed to deprive You of the protection of any non-waivable provision of consumer-protection law in the state of Your residence at the time of any dispute.

Any dispute, claim, or controversy arising out of or relating to this Waiver, the Terms of Service, the Service, or any hunt — except for claims that may be brought in small-claims court and equitable claims for injunctive relief — shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The arbitration shall be seated in the county of MachineWeaver's principal place of business (currently Sacramento County, California), or, if You so elect at the time of demand and applicable law would otherwise require it, in the federal judicial district of Your residence. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND MACHINEWEAVER EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS, AND ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING IS PROHIBITED.

If for any reason the arbitration agreement above is held unenforceable as to any claim or in any jurisdiction, the parties agree that any such litigation shall be brought exclusively in the state or federal courts located in Sacramento County, California, and each party submits to the personal jurisdiction of those courts.

14. Severability

If any provision of this Waiver is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from this Waiver, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement; Relationship to Terms of Service

This Waiver, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between You and MachineWeaver with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether written or oral. In the event of any conflict between this Waiver and the Terms of Service with respect to matters of liability, assumption of risk, or release, this Waiver shall control.

16. No Waiver of Other Rights

The failure of MachineWeaver to enforce any right or provision of this Waiver shall not constitute a waiver of such right or provision. No waiver of any term of this Waiver shall be deemed a further or continuing waiver of such term or any other term.

17. Changes to This Waiver

MachineWeaver may update this Waiver from time to time. If we make material changes, we will notify You by posting the updated Waiver on the Service, changing the "Last updated" date at the top of this page, and, where appropriate, requiring You to re-accept the updated Waiver before continuing to use the Service. Your continued use of the Service after the effective date of any changes constitutes Your acceptance of the updated Waiver.

18. Acknowledgment and Acceptance

BY CHECKING THE ACCEPTANCE BOX IN THE SERVICE OR BY OTHERWISE PARTICIPATING IN OR CREATING ANY HUNT ON TREASURERAT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND HAVE ACCEPTED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO YOU.

YOU INTEND YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

19. Contact Us

If you have questions about this Waiver, please contact us at:

MachineWeaver LLC
2108 N ST #14494
Sacramento, CA 95816
United States

Email: legal@treasurerat.com
Phone: (+1) 949-522-5234