WAIVER AND RELEASE FROM LIABILITY FOR HOLOGATE VR ATTRACTION In consideration for being permitted to play the Hologate VR attraction at FIB LLC, DBA The Alley of Salina, 115 E. Ash St, Salina KS, I acknowledge and agree as follows: 1. I have read the rules for playing Hologate VR and accept full responsibility for obeying the rules and all other posted rules and warning signs. 2. I understand that the area in which the Hologate VR attraction operates, the player is wearing a VR headset. This may cause a sensation of motion and possibly vertigo while playing and does require a degree of skill and responsibility to play safely. I have the necessary skills and will exercise the responsibility necessary to play Hologate VR safely. 3. Hologate VR is played by individuals, who can make mistakes and intentionally cause harm to others. I could be potentially injured, disabled, or killed, whether by my own actions (or inactions) or the actions or inactions of another Hologate VR player. I freely and knowingly assume this risk. I take full responsibility for any claims of personal injury, death, or damage to personal property arising out of my playing of Hologate VR, whether to me or to other people. On behalf of myself, my heirs, my assigns, and my next of kin, I waive all claims for damages, injuries and death sustained to me or property that I may have against FIB LLC, DBA The Alley of Salina, and its members, managers, agents, employees, successors, and assigns (each a “Released Party”). 4. I have been provided with the opportunity to inspect the Hologate VR attraction prior to signing this Waiver and Release, and the condition of the Hologate VR attraction is completely satisfactory to me. If they were not, I would not sign this document or participate in the Holgate VR attraction. Each time I play Hologate VR, I will only do so after I have determined that the condition of the Hologate VR Attraction is totally satisfactory to me. 5. I have been provided with a copy of this Waiver and Release, and I intend for this Waiver and Release to stay in full force and effect until I send a Notice of Revocation, revoking this Document to FIB LLC, DBA The Alley of Salina. I understand that, to be effective, the notice of revocation must be in writing and must be sent to the following address by certified mail, return receipt requested: FIB LLC / DBA The Alley of Salina Attn: Managing Member 115 E. Ash St Salina, KS 67401 I understand that any Notice of Revocation will only be effective for dates more than three (3) days after the date the Notice of Revocation is received by the FIB LLC / DBA The Alley of Salina. 6. I agree to indemnify, defend, and hold harmless each Released Party from any and all loss, liabilities, judgments, obligations, claims, damages, penalties, causes of action, court costs, litigation expenses (including, but not limited to, reasonable attorneys' fees and attorneys’ fees incurred in any appeal) and expenses incident to any of the foregoing or incurred in investigating or attempting to avoid the same or to oppose the imposition thereof, or in enforcing this indemnity, and any other expenses or costs sustained by any Released Party arising from this Waiver and Release and/or my participation in playing Hologate VR, and without regard to whether my actions (or inactions) were negligent or not. I HAVE READ THIS WAIVER AND RELEASE IN ITS ENTIRETY. I UNDERSTAND THAT I AM ASSUMING ALL THE RISK INHERENT IN PLAYING HOLOGATE VR. I UNDERSTAND THAT IT IS A RELEASE OF All CLAIMS THAT I MAY HAVE AGAINST ANY RELEASED PARTY. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN ME AND ANY RELEASED PARTY AND THAT IT CANNOT BE MODIFIED OR CHANGED IN ANY WAY BY THE REPRESENTATIONS OR STATEMENTS BY ANY RELEASED PARTY OR BY ME. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF ALL THE PROVISIONS IN THIS WAIVER AND RELEASE AND MY AGREEMENT TO BE BOUND BY THEM. PARENT OR GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian. Date: March 13, 2025 |