Terms & Conditions

APEX ENTERTAINMENT LLC (“Apex Entertainment” or “Apex”) is committed to delivering amazing food, service and hospitality to ensure your group has a memorable experience. We ask for some commitments on your part so that we can better guarantee your satisfaction and that of all our guests.

EVENT DATES ARE SECURED WHEN THE EVENT PROPOSAL HAS BEEN SIGNED, RETURNED, THE CREDIT CARD VERIFIED AND AFTER YOU RECEIVE A CONFIRMATION E-MAIL FROM APEX.

Reservation Policy

For all events a non-refundable deposit in the amount specified herein, payable by credit card, company check made payable to Apex Entertainment, or cash is required by the specified deposit due date to officially confirm an event. If such a deposit is not received, we may cancel this contract with no further notice to you.

The required deposit for your event is 551.70. Due on 05/15/2022

For all events you authorize Apex to charge any credit card on file with us as sums are due here under, including additional costs incurred day of the event, and any costs for damage cause by you or your guests.

Upon signing this contract, you are unconditionally liable for 50% of the total fees which shall constitute a nonrefundable and non cancelable obligation. Any deposit with us can be applied against such obligations.

An electronic signature and an approved proposal are required to hold any and all event reservations.

By signing this contract, the signer is attesting that he/she is authorized to sign this contract and hereby authorizes the credit card charges noted herein.

By placing your event’s non- refundable deposit, Apex will hold the guest’s representative and his/her company responsible for meeting all of Apex pre-set pricing and minimums as well as the communication of all Apex policies and warnings as outlined in the event proposal.

Apex Entertainment may send you marketing, advertising or promotional communication to the contact information you provided.

Cancellation Policy

Events cannot be cancelled or rescheduled without prior written consent by Apex Entertainment.

If the event is rescheduled by the guest’s representative (below signed) more than 1 month in advance the non-refundable deposit can be used towards a future event.

If an event is rescheduled more than once, or less than 1 month in advance, a 10% rescheduling fee will be applied to the event.

If the event is cancelled the non-refundable deposit will be forfeit and the guest representative (below signed) will be charged the following percentage of the remaining estimated invoice.

Cancelled more than 1 month in advance no cancellation fee will be applied on top of the forfeited deposit amount.

Cancelled between 1 month to 2 weeks prior to event date – A cancellation fee of 25% of the remaining balance of the event will be charged.

Cancelled between 13 days to 3 days prior to event date - A cancellation fee of 50% of the remaining balance of the event will be charged.

Cancelled within 72 hours of event date – A cancellation fee of 75% of the remaining balance of the event will be charged.

Cancelled within 24 hours of event date – A cancellation fee of 100% of the remaining balance of the event will be charged.

Invoicing Terms

A final, guaranteed guest count must be given to Apex Entertainment no later than 5 business days prior to the event date. This final count will be used to calculate the final invoice.

Decreases from the guaranteed guest count after the 5-day deadline will not result in a decrease in pricing.

Increases in guaranteed head counts made after the 5-day deadline will be accommodated only if availability allows and will be charged accordingly.

Payment in full is due 3 business days prior to your event.

The credit card on file will be charged with the remaining balance of the contract 3 business days prior to the date of your event if other payment arrangements have not been made.

If an event is not paid in full within 7 days of the event, client will be charged an additional 7% of the total amount due.

If an event is not paid in full within 14 days of the event, client will be charged an additional 10% of the total amount of due.

Attraction Policies

Scheduled attraction reservations cannot be rescheduled the day of your event. If members of your party miss your reserved attraction those attractions are forfeit and refunds will not be given.

Apex Entertainment cannot guarantee attraction reservations will be private just for your group unless you have specifically booked a private time slot.

All safety policies and procedures for each attraction MUST always be followed .

Any activity if not played correctly, could result in damage to property and /or bodily injury (including death). Each guest expressly assumes ALL risks and dangers (and all responsibility for any loss, injury, or damage) whether or not the same is caused in whole or in part by the negligence or other conduct of Apex Entertainment, its agents, employees, representatives, officers, managers, subsidiaries or affiliates, or by any other person. Apex Entertainment expressly assumes no responsibility for property damage or injury (including death) resulting from any activity.

By entering into this contract you agree that Apex Entertainment, and its agents, employees, representatives, officers, managers, subsidiaries or affiliates, shall not be responsible nor liable in any way for any loss or personal injury (including death) of any sort incurred as the result of any activity participated in by either you or your guests.

Bowling:

At no time are the players permitted past the black foul line or to walk on the lanes, gutters or walkways for any reason.

Correct footwear must always be worn, and shoes kept clean and dry.

Keep your hands out of the ball return system.

If you need assistance or to report any mechanical problems, spills, or other concerns please contact management personnel immediately.

Go- Karts:

Guests must be 58” tall, maximum of 264 lbs, and have the physical strength to steer a Go-Kart with no power steering going at speeds of roughly 35 mph.

Racers must wear head socks, helmets, and closed toed shoes.

All guests are required to sign a liability waiver on site to participate in the Go-Karts.

Guests under 18 years of age must have a parent or guardian present in the building to sign their waiver for them. The parent or guardian is to remain in the building during the duration of the race and shall assume full responsibility for any damage or injury incurred while racing.

Any guests wishing to ride the Go-Karts shall refrain from drinking any alcoholic beverages prior to their race. Apex Entertainment reserves the right in its sole discretion to utilize breathalyzers to ensure the safety of our guests when participating in the Go-Karts. Any guest who refuses to take a breathalyzer shall not be permitted to use the Go-Karts and no refunds shall be given. Guests who appear under the influence of drugs or alcohol, as determined by Apex Entertainment, its managers, agents and/or employees, in their sole discretion, will be turned away and no refund will be given.

On Friday, Saturday, and Sunday evenings after 6pm guest must be 16 years of age or older with a valid ID to participate in the Go-Karts.

Refunds will not be given for guests who do not meet the safety requirements to participate in Go-Karts or are taken off the track for safety reasons.

Food and Beverage Policies

Apex Entertainment must supply all food and alcohol consumed within Apex Entertainment.

Final menu selections are due a minimum of 5 business days before the event.

Nut Free celebration cakes purchased from a store or bakery that have an ingredient list provided are permitted. Apex Entertainment is not responsible or liable in any way for any loss or personal injury (including death) incurred as the result of consuming celebration cakes brought in from an outside facility.

Food from your function may not be allowed to be taken home by the host or any of their guests.

All guests must present valid and acceptable forms of ID to consume any alcohol at Apex Entertainment. No guestshall be served alcohol by Apex without proper identification - Driver’s License, Passport, MA Liquor ID or Active Military ID.

Apex Entertainment reserves the right to close a liquor tab at any time in its sole discretion.

Guests who appear intoxicated when they arrive at Apex Entertainment will not be served and will not be permitted to participate in any activities.

Pre-purchased drink tickets and open bars are non-refundable when not used for any reason, this included if the bar is closed for safety reasons.

Disclaimer – Apex Entertainment makes an effort to mark specific food allergens and train staff appropriately; however, ingredients and nutritional content may vary. Manufacturers may change their product formulation or consistency of ingredients without our knowledge, and product availability may fluctuate. If you have any questions regarding ingredients, or if you or anyone in your group has a food allergy or intolerance of any kind, please consult with the chef that made that particular dish. Though we strive to keep allergen-free food separate, all foods are prepared in a facility cooking environment that could involve accidental cross- contamination with the foods to which you may be allergic or intolerant. By entering into this contract you agree that Apex Entertainment shall not be responsible nor liable in any way for any loss or personal injury (including death) of any sort incurred as the result of any food allergy or intolerance of either you or your guests.

Event Policies

All guests are responsible for adhering to Apex posted rules & regulations.

Your event extends from the arrival time to scheduled departure time.

This agreement ensures that your special event, and any events prior to, or after, your special event are not unduly inconvenienced.

Any changes made the day of your event to room rental times must be approved by management and prorated additional fees may be assessed.

Liability for damage(s) to Apex will be charged to the party.

Any equipment, possessions and displays that are not the property of Apex are to be removed immediately following your event. Any items that are stored are done so at the risk of the guest. Apex is not responsible for lost or stolen items.

Decorations that could cause damage to the facility are not permitted, such as but not limited to glitter, confetti, or pinatas.

Any and all changes must be agreed upon in writing by both parties.

Apex requires a minimum food purchase amount for certain types of booked events. Minimum food purchase requirements are subject to change at anytime and from time to time by Apex Entertainment in its sole discretion and will be discussed with the guest’s representative prior to the event. Beverage purchases, tax and gratuity are not included in the food spend minimum. In the event the minimum is not met, you will still be charged for the minimum.

General Provisions

Governing Law. This agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts.

Waiver of Jury Trial. The undersigned hereby irrevocably waivers any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transaction contemplated hereby.

No Waiver. No failure by Apex to insist upon the strict performance of any covenant, agreement, term or condition of this agreement, or to exercise any right or remedy consequent upon a breach thereof, shall affect or alter this agreement, but each and every covenant, agreement, term and condition of this agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.

Severability. If any term or provision of this agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, as the case may be, shall not be affected thereby, and each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law.

Successors and Assigns. This agreement shall be binding on the parties hereto and their successors and permitted assigns.

Amendments. Neither this agreement nor any term or provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the parties against which the enforcement of the change, waiver, discharge or termination is sought.

Authority to Bind. The undersigned acknowledges, represents and warrants that he or she has read and understands the contents of this agreement and is empowered and duly authorized by the party for which he or she is executing this agreement to so execute and bind said party.

Captions, Subheadings. The captions to the Sections of this Agreement are for convenience and reference only and in no way define, limit or describe the scope of intent of this Agreement or any part hereof, nor in any way affect this Agreement or any part hereof.