Terms of Service

Tonight We Race LLC ("Tonight We Race," "we," "us," "our") operates a sim racing lounge in Seattle, Washington, and the booking and membership software at race.tonightwerace.gg. These Terms of Service (the "Terms") govern your access to and use of our Site and Services.

1. Introduction

Please read these Terms carefully before using the Site. The Site is provided by Tonight We Race solely to facilitate booking, membership management, and race-result reporting. By using the Site or the Services, or by accepting these Terms at sign-up, you agree to these Terms. If you do not agree, do not use the Site or the Services.

We may modify or discontinue features of the Site for operational, security, or maintenance reasons. Where a change affects a paid Service you have already purchased, the Memberships and Bookings sections below govern what you are entitled to. Material changes to these Terms are handled as described in "Changes to These Terms."

2. Definitions

In these Terms: "you" and "User" mean the person accessing the Site or using the Services. "Site" means the website and applications we operate, including in-venue displays and kiosks. "Services" means the sim-racing sessions, pod reservations, walk-in sessions, memberships, Track Tokens, and related services we make available at our facility and through the Site. "Member" means a User with an active Membership. "Track Tokens" has the meaning given in Section 6.

3. Eligibility & Accounts

Eligibility. You must be at least 18 years old to create an account or purchase a Membership. Drivers must be at least 16 years old; no one under 16 may use the simulators. A driver aged 16 or 17 may use the Services only with the consent and supervision of a parent or legal guardian, who must provide the minor's information in person, agree to these Terms, and sign any required waiver. By using the Services on behalf of a minor, you represent that you are that minor's parent or legal guardian. Government-issued photo ID may be required to verify age. Independent of age, staff may decline service to any person who cannot, in staff's judgment, comfortably and safely operate the equipment.

Accounts. You are responsible for the accuracy of the information you provide and for all activity under your account. Keep your login credentials secure and notify us promptly of any unauthorized use. We may suspend or terminate an account that contains false information or is used in violation of these Terms.

4. Limited License

Tonight We Race grants you a limited, revocable, non-exclusive license to access and use the Site on a mobile or desktop browser only for the purpose of purchasing driving time, managing your Membership, and displaying league and tournament results. Commercial or third-party use is strictly prohibited without first obtaining our permission.

You are further granted a limited, revocable, non-exclusive license to include league and tournament results in your own personal websites and social-sharing sites.

You are strictly prohibited from: (1) framing or using framing techniques to enclose the Site or any portion of it; (2) selling, licensing, or otherwise commercially exploiting the Site or any Site content, or asserting any trademark or other intellectual-property right in it; (3) using the Site or its content for any commercial purpose; (4) modifying, reverse engineering, or creating any derivative works based upon the Site or any of its content; (5) collecting account information for the benefit of yourself or a third party; or (6) using software robots, spiders, crawlers, or similar data-gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on the Site's infrastructure. Any unauthorized use of the Site automatically terminates this limited license and may be pursued to the full extent of applicable law.

5. Memberships, Billing & Automatic Renewal

Membership plans. Memberships are offered on a recurring basis at the price and billing interval shown at the time of purchase. Membership benefits (including any Track Token allotment, guest passes, and standby access) are as described at purchase and may change on a prospective basis.

Authorization and automatic renewal. YOUR MEMBERSHIP AUTOMATICALLY RENEWS. When you purchase a Membership, you authorize us and our payment processor to charge your payment method the then-current Membership fee, plus applicable taxes, on a recurring basis (for example, monthly) at the interval shown at checkout. Your Membership will automatically renew at the end of each billing period and your payment method will be charged the recurring fee until you cancel.

How to cancel. You may cancel at any time through your account settings or by contacting us at business@tonightwerace.gg. Cancellation takes effect at the end of the then-current billing period. Unless required by law, fees already paid are non-refundable and you retain access through the end of the period you have paid for.

Price and term changes. We may change Membership fees or terms. We will give you advance notice of any fee change before it takes effect, and the new fee will apply to your next renewal. If you do not agree, you may cancel before the change takes effect.

Failed payments. If a charge fails, we may suspend Membership benefits until payment is successfully processed and may retry the charge.

6. Track Tokens

What Track Tokens are. Track Tokens are prepaid credits that can be redeemed for driving time and related Services. Track Tokens have no cash value, are not legal tender, are not a deposit account, and are not redeemable or refundable for cash except where required by law. Track Tokens may be obtained through a Membership or by purchase, as offered.

Use and restrictions. Track Tokens may be used only for the Services and only by the account to which they are issued. They may not be sold, transferred, or combined across accounts except as we expressly permit. We may set reasonable limits on issuance and redemption.

Expiration. Purchased Track Tokens do not expire while your membership is active. Membership-granted Track Tokens may be subject to the terms of the applicable Membership, including periodic allotment, accrual caps, and reset.

Forfeiture. Track Tokens associated with an account may be forfeited if the account is terminated for violation of these Terms, subject to applicable law.

7. Bookings, Cancellations & No-Shows

Reservations. Reservations are subject to availability and confirmation. You agree to pay the price shown at booking, plus applicable taxes.

Cancellations and changes. You may cancel or change a reservation until 24 hours before the reserved start time. Cancellations before the cutoff are refunded to the original payment method or returned as Track Tokens, as applicable; cancellations after the cutoff, and no-shows, are not refundable and any Track Tokens used are forfeited.

No-shows. If you do not arrive for a reserved session, the session may be released and treated as described above. Repeated no-shows may result in restrictions on future bookings.

Our changes. We may reschedule, relocate, or cancel a session for operational, safety, or maintenance reasons. If we cancel a session and you are not at fault, we will offer a refund or equivalent Track Tokens.

8. Conduct, Safety & Required Waiver

Required documents. Use of the simulators requires a signed waiver and agreement to our sporting code. To the extent these Terms conflict with a signed waiver regarding physical use of the facility or equipment, the waiver controls.

Assumption of risk. Sim racing involves physical motion, screens, and equipment that may cause discomfort, motion sickness, or injury. You participate voluntarily and assume these risks, as more fully described in the waiver.

Conduct. You agree to follow staff instructions and posted rules, to treat the facility, equipment, and other guests with respect, and not to misuse or damage equipment. We may refuse service to, remove, or ban any person for unsafe conduct, harassment, or violation of these Terms, without refund where permitted by law.

9. Communications & Privacy

Privacy. Our collection and use of personal information — which may include identification photos, signatures, and payment and booking information — is described in our Privacy Policy at race.tonightwerace.gg/privacy, incorporated into these Terms by reference.

Service providers. We share information with service providers who process it on our behalf to operate the Services (for example, payment processing, hosting, email delivery, and error monitoring). We do not sell your personal information. We may disclose information where allowed by law to protect our rights, our users, or the public. We will disclose information when required by law or valid legal process.

Service communications. We will send you communications necessary to provide the Services — including booking confirmations, receipts, invites, account notices, and changes to these Terms. These are not marketing and are part of the Services. By purchasing a Membership you consent to receipt of these communications.

Marketing communications. We may send you messages about our event schedule, operating hours, and new products or services. You may opt out of these messages at any time using the unsubscribe link or by contacting us; opting out will not affect service communications.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Site or Services will be uninterrupted, error-free, or secure.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TONIGHT WE RACE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR SERVICES. Without limiting the foregoing, and to the fullest extent permitted by law, Tonight We Race shall not be liable for any loss or damages of any kind relating to the following non-exhaustive list of claims: (1) dealings with, or the existence of links to, third-party sites; (2) misdelivery, corruption, destruction, failure, or other abnormal transmittal of files or linked information; (3) business interruption; (4) viruses, system failure, and other malfunctions in connection with use of the Site, including use of links to or from third-party sites; (5) inaccurate or omitted content; (6) system outages at third-party sites linked from the Site; or (7) any events beyond our reasonable control.

EXCEPT AS OTHERWISE PROVIDED BY LAW, TONIGHT WE RACE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify and hold harmless Tonight We Race and its owners, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site or Services, your violation of these Terms, or your violation of any law or the rights of a third party.

13. Dispute Resolution & Arbitration

Informal resolution first. Before filing a claim, you agree to contact us at business@tonightwerace.gg and give us 30 days to resolve the dispute informally.

Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules.

Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Seattle, Washington. Judgment on the award may be entered in any court of competent jurisdiction. 30-day opt-out. You may opt out of this binding arbitration clause by sending written notice to business@tonightwerace.gg within 30 days of first accepting these Terms. Opting out will not affect the other provisions of these Terms.

CLASS ACTION WAIVER. YOU AND TONIGHT WE RACE AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this waiver is found unenforceable, the arbitration provision is void as to that claim and it must proceed in court.

Venue for any court actions arising from or related to these Terms, or the Services (other than entry of judgment on an arbitration award) shall be exclusively in the Superior Court of the State of Washington, in and for King County. By using the Services you consent and submit to jurisdiction and venue in said court. Exceptions. Either party may bring an individual claim in small-claims court. Either party may seek injunctive or other equitable relief to protect its intellectual property or confidential information.

14. Termination

We reserve the right to suspend or terminate the limited license granted to you, and your access to the Site and Services, at any time, for any reason, with or without prior notice. Upon termination, you must immediately cease all access to and use of the Site. Termination of a Membership for cause does not entitle you to a refund except as required by law or as stated in these Terms. Sections that by their nature should survive termination — including Track Tokens (as to forfeiture), Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution & Arbitration — survive.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms with a new effective date. For material changes, we will provide notice and may require you to accept the updated Terms before continuing to use the Services. Your continued use after an update takes effect means you accept the updated Terms. If you do not agree, you must stop using the Services and may cancel any Membership.

16. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any waiver or sporting code you sign, are the entire agreement between you and Tonight We Race regarding the Services and supersede prior agreements on that subject.

Severability. If one or more of these Terms is found to be unenforceable or invalid by any court of competent jurisdiction, that ruling applies only to the particular term(s) and not to these Terms as a whole.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

No waiver. Our failure to enforce any provision is not a waiver of it.

Notices and contact. Legal notices to us must be sent to Tonight We Race LLC, 4550 11th Ave NE, Suite 3, Seattle, WA 98105, business@tonightwerace.gg. We may give you notice through the Site or the email associated with your account.

17. Copyright Notice

Copyright © 2026 Tonight We Race LLC. All rights reserved.