Liability Waiver — FundayDrive

PLEASE READ CAREFULLY. This is a legal document that affects your rights. You must read and agree to this Waiver before purchasing or playing a FundayDrive rally.

1. Nature of the Activity

FundayDrive rallies are played from a moving vehicle on public roads. The app displays directions, clues, and questions tied to your route and location. FundayDrive is designed to be played by a group of two or more people: a designated "Navigator" who operates the app, and a "Driver" who keeps their full attention on the road and never views or interacts with the app while the vehicle is moving.

2. Assumption of Risk

You acknowledge that driving, and the use of a mobile app in connection with driving, carries inherent risks, including but not limited to: collisions, distracted-driving incidents, GPS or mapping inaccuracies, traffic, road, or weather conditions, and the actions of other drivers or pedestrians. You voluntarily assume all such risks, known and unknown, arising from your use of the Service, whether as a Driver, Navigator, or passenger.

3. Your Responsibilities

You will obey all applicable traffic laws, including any laws restricting handheld device use while driving.
If driving, you will not view the FundayDrive app screen or enter information into it while the vehicle is in motion, under any circumstance.
You are solely responsible for the operation of your vehicle at all times.

4. Release of Liability

To the fullest extent permitted by Arizona law, you release, waive, discharge, and covenant not to sue K & K Concepts, LLC, and its members, managers, officers, employees, and agents (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, personal injury, or death that may occur as a result of your use of the Service, including but not limited to incidents arising from distracted driving, vehicle accidents, or reliance on app content, EXCEPT to the extent caused by the Released Parties' gross negligence or willful misconduct.

5. Indemnification

You agree to indemnify and hold harmless the Released Parties from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your breach of this Waiver or your use of the Service, including claims brought by other occupants of your vehicle.

6. Severability

If any provision of this Waiver is found unenforceable, the remaining provisions will continue in full force and effect.

7. Governing Law

This Waiver is governed by the laws of the State of Arizona.

8. Acknowledgment & Signature

By typing your full legal name and accepting below in the app, you acknowledge that you have read, understood, and voluntarily agree to this Liability Waiver & Release in its entirety, on behalf of yourself and, where applicable, the other occupants of your vehicle for the rally session(s) you purchase.

K & K Concepts, LLC — Arizona, USA · Contact: support@fundaydrive.com