BY SIGNING THIS DOCUMENT I WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
DEFINITION In this Release Agreement, the term "VR Arcade Activities" shall include but is not limited to: utilizing a Virtual Reality (“VR”) headset, observing the use of a VR headset, and all activities, services and use of facilities and equipment either provided by or arranged by the Releasees including orientation and instructional sessions or competitions. The term “Releasees” refers to Base Station VR Lounge LLC. The words “I” and “me” and “my” in this Agreement refers to the User signing.
This Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement and Agreement to Comply With the Rules (the “Agreement”), together with any documents referred to herein, governs the User’s use of the Releasees virtual reality, gaming, and immersive content equipment with various entertainment content and/or software (the “Services”), at Releasees locations (the “Premises”). IN CONSIDERATION OF Releasees allowing the User to use the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate.
ASSUMPTION OF RISKS I am aware that participation in VR Arcade Activities as defined in this agreement, involves certain risks, dangers and hazards. These may include, but are not limited to: seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, discomfort or pain in the head or eyes, drowsiness, decreased ability to multi-task, fatigue, any symptoms similar to motion sickness all of which can persist and become more apparent hours after use and which may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the Premises, falls to the ground, impacts with other people, impacts with the wall, the ground or other structures or equipment, entanglement, other injuries resulting from participating or observing, equipment failure, the negligence of other persons or negligence on the part of the Releasees including the failure by the Releasees to safeguard or protect me from the risks, along with other dangers and hazards of VR arcade activities.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH VR ARCADE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the RELEASEES agreeing to my participation in VR Arcade Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in VR Arcade Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN VR ARCADE ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in VR Arcade Activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Rhode Island and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the state of Rhode Island and shall be within the exclusive jurisdiction of Rhode Island.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in VR Arcade Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
I AGREE TO FOLLOW THE RULES LAID OUT BY BASE SATION VR LOUNGE LLC AND I AGREE TO PAY FOR ANY DAMAGES INCURRED THROUGH NON-C0MPLIANCE OF THOSE RULES BY MYSELF OR THE UNDERAGE PARTICIPANT I AM AUTHORIZING.
If I do not agree to the terms of this Agreement I understand that I must promptly discontinue my access to and use of the Services. Any continued use of the Services will be considered as consent and acceptance of the terms of this Agreement the User or their parent or legal guardian.
By entering any Base Station VR Lounge LLC location or premises or participate in any Base Station VR LLC marketing event, I authorize Base Station VR Lounge LLC to use the following personal information:
(1) My picture – including photographic, motion picture, and electronic (video) images.
(2) My voice – including sound and video recordings.
I hereby grant to Base Station VR Lounge LLC, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media.
This permission extends to all media, formats and markets now known or hereafter devised. This permission shall continue forever. I further grant Base Station VR Lounge LLC all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant Base Station VR Lounge LLC the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.
By entering the Base Station VR Lounge LLC premises or participating in any Base Station VR LLC marketing event, I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for Base Station VR Lounge LLC use of any of the material described above for any of the purposes authorized by this release. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied. I acknowledge that I have read the foregoing and I fully understand the contents.
I also certify that in the event I am signing on behalf of a minor who is under the age of eighteen years, to whom this release applies and that I have the legal authority to execute this release, I approve the foregoing and agree that we shall be bound thereby.
The following rules govern your participation and/or your child/ward’s participation in any activity at Base Station VR Lounge LLC:
- All Users using the Base Station VR Lounge virtual reality equipment for the first time are required to review controls with one of our VR Gurus before participating in VR.
- We recommend consulting a physician before using the Base Station VR Lounge virtual reality equipment if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.
- The Base Station VR Lounge virtual reality equipment is not recommended to be used by children shorter than 40 inches. Adults should monitor children who are using or have used the VR equipment for any of the symptoms described below, and should limit the time children spend using the Base Station VR Lounge virtual reality equipment and ensure they take breaks during use. Excessive use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the VR equipment for any decrease in these abilities.
- A comfortable virtual reality experience requires an unimpaired sense of motion and balance. Do not use the Base Station VR Lounge virtual reality equipment when you are tired, fatigued, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches, as this can increase your susceptibility to adverse effects. Operation of Base Station VR Lounge virtual reality equipment under the influence of drugs or alcohol is strictly prohibited.
- Immediately cease use of the Base Station VR Lounge virtual reality equipment and inform a Base Station VR Lounge employee if you experience any of the following symptoms: seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, discomfort or pain in the head or eyes, drowsiness, fatigue, or any symptoms similar to motion sickness. Consult a physician if you have serious and/or persistent symptoms.
- Anyone who has had a seizure, loss of awareness, or other symptoms linked to an epileptic condition should consult a physician before using the Base Station VR Lounge virtual reality equipment. If there is an emergency or life-threatening condition, please inform our staff and dial 911 immediately.
- The Base Station VR Lounge virtual reality equipment can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the Base Station VR Lounge virtual reality equipment without first consulting your physician or the manufacturer of your medical device.
- Symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machinery, or engage in other visually or physically demanding activities that have potentially serious consequences (i.e., activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as playing sports or riding a bicycle, etc.) until you have fully recovered from any symptoms.
- Food and drink are not permitted within the virtual reality gaming stations.
- Users may also be required to calibrate the Base Station VR Lounge virtual reality equipment prior to beginning their session. The calibration of the Base Station VR Lounge virtual reality equipment may take up a portion of the User’s scheduled booking at the Premises.
- Any damage caused to Base Station VR Lounge virtual reality equipment by you and/or your child/ward shall be your sole liability and you shall indemnify and save harmless Base Station VR Lounge from said damages.
- Base Station VR Lounge is not responsible for any lost, stolen, or damaged personal items which occur during your time on the Base Station VR Lounge premises. Base Station VR Lounge employees are not liable for the safekeeping of any belongings or goods left unattended at any Base Station VR Lounge facility
- Any misconduct, including but not limited to excessive yelling, swearing, misuse of equipment, intentional disruption of other patrons, will result in the immediate termination of your session at Base Station VR Lounge by Base Station VR Lounge staff at their sole discretion. Refusal to be removed will result in the involvement of local law enforcement.