I certify that the information on this application for Front Money ("Application") is accurate and I am 21 years of age or older. I authorize San Manuel Entertainment Authority ("SMEA"), an unincorporated instrumentality of the San Manuel Band of Mission Indians ("Tribe"), a federally recognized Indian tribe, and SMEA's agent NRT Technologies, Inc. and VisuaLimits, LLC and its affiliates (collectively, "NRT"), to check my employment, business affiliation(s), gaming history and related inquiries in order to evaluate my Front Money application. I further authorize SMEA and NRT to conduct all investigations necessary to verify such information through any source and to report any information to another casino and to exchange any information with any affiliates of SMEA.
I hereby release and waive and agree not to bring at any time in the future, any claims or demands against SMEA or its agents and representatives relating to any front money investigation made pursuant to my authorization and instructions here, including, without limitation, the collection, processing and transmission of my information and data.
Per SMEA policy and procedures, a completed and signed application is required prior to the activation of a Front Money depository account. If through investigation it is discovered that information contained in this application is inaccurate or was falsely provided, civil and criminal actions may be taken.
I, on behalf of myself and on behalf of all my heirs, assigns, and agents, hereby agree that construction, interpretation and enforcement of this application and agreement, as well as the collection of any bad check given to the casino by me, shall be governed, construed and enforced in all respects in accordance with the laws of the tribe or, in the absence of applicable tribal law, the laws of the state of California, which state recognizes the enforceability and validity of gaming debts, including but not limited to statutory and substantive law, procedural aspects of any suit, action or proceeding relating to or arising under this application and agreement, including but not limited to legal process, execution of judgements, and all legal remedies, without regard to California law on conflicts of law. I further agree that all actions arising under or related to this application, or to any credit extended by the casino to me or the collection of any bad check given to the casino by me, shall, at SMEA’s election, be commenced in the San Manuel Tribal Court and/or a Federal or State court located in the County of San Bernardino, California ("The California Courts").
I waive any rights I may otherwise have to litigate any such matter in another state or jurisdiction, or to seek transfer of any action instituted in the tribal court of California courts, under the forum non conveniens doctrine or any other applicable doctrine established by statute, court rule, or common law. I further agree that the tribal court and/or California courts, whichever may be chosen at SMEA’s election, shall have jurisdiction over me to hear and determine any claims or disputes pertaining directly or indirectly to this application and agreement as well as the collection of any bad check given to the casino by me and to any matter arising therefrom. I expressly submit and consent in advance to personal jurisdiction in any action commenced in the San Manuel Tribal Court and/or California courts, and hereby waive any objection to personal jurisdiction over me in any action brought in said courts (unless such action or proceeding is otherwise governed by U.S. Federal Law or is preempted). I acknowledge that I may have a right to seek a trial by jury of disputes arising hereunder. Notwithstanding such right, I hereby (A) knowingly and voluntarily agree to, and do, waive, and relinquish such right to the fullest extent permitted by applicable Tribal and/or California law and (B) specifically agree that I shall not seek a trial by jury of any issue with regard to any dispute arising under this application and agreement. This waiver of trial by jury is intended to encompass individually each instance and each issue as to which the right to trial by jury may otherwise accrue or exist. Nothing in this application and agreement in any way constitutes any waiver or diminution of sovereign immunity or sovereign status by the Tribe or SMEA or is intended to imply any law or statute’s enforceability against the Tribe or SMEA.
