In consideration of the risk of injury while participating in THE SANDBOX VRA a/k/a The Sandbox Virtual Reality Arcade or The Sandbox Virtual Reality Arcade Westland LLC (hereinafter referred to as the “Activity”), and as consideration for the right to participate in the Activity, I (hereinafter referred to as the “Participant”), or on behalf on a minor “Participant” for which I am legal guardian of, hereby, for myself, my heirs, executors, administrators, assigns or personal representatives, knowingly and voluntarily enter into this Waiver and Release of Liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in this “Activity”, and do hereby release and forever discharge The Sandbox VRA, its third-party affiliates, managers, members, agents, employees, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any property loss, physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the “Activity”.
I AM VOLUNTARILY PARTICIPATING IN THE “ACTIVITY” ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS “ACTIVITY”, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONDITION OF THE “ACTIVITY” LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS “ACTIVITY”. I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE MAY HAVE TO BRING A LEGAL ACTION AGAINST THE SANDBOX VRA, LLC FOR PERSONAL INJURY OR ANY OTHER CLAIMS WHICH MAY ARISE BASED UPON MY PARTICIPATION IN THE “ACTIVITY”.
I FURTHER ACKNOWLEDGE THAT THIS “ACTIVITY” MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, OR SERIOUS INJURY. The risks may include, BUT ARE NOT LIMITED TO, those caused by facilities, equipment and/or action of others, including but not limited to, participants, agents, staff, employees, volunteers and spectators. I acknowledge that my use of The Sandbox VRA’s VR equipment entails known and unanticipated risks that could result in physical or emotional injury, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks 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, or any symptoms similar to motion sickness, all of which can persist and/or become more apparent hours after use, and which may lead to an increased risk of injury when engaging in normal every day activities after leaving the The Sandbox VRA’s Premises. The Sandbox VRA employees have difficult jobs to perform and they seek to create as safe an environment as possible but they might be unaware of a participant’s physical and psychological health or abilities, so if the Participant suffers from any medical condition that may be exacerbated or worsened due to participation in the Activity they are assuming all risk in participating in the Activity and will waive and release from liability The Sandbox VRA. The Sandbox VRA is not responsible in the event the equipment being used malfunctions. I expressly agree and promise to accept and assume all of the risks existing in my participation of this “Activity”. My participation in this “Activity” is purely voluntary and I elect to participate in spite of the risks.
I agree to indemnify and hold harmless The Sandbox VRA against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, resulting from any claims made by me or alleged to be caused by me.
I acknowledge that The Sandbox VRA and its directors, officers, staff, employees, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of The Sandbox VRA.
Unless expressly disallowed by statute, this release applies to any claimed negligence on the part of The Sandbox VRA, its directors, officers, staff, employees, volunteers, representatives and agents.
If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that The Sandbox VRA will not pay for any cost or expenses, medical or otherwise, incurred by me if I and/or my child/ward are injured.
In the event that any damage to equipment or facilities occurs as a result of my willful actions, negligence or recklessness, I acknowledge and agree to be held liable for any and all costs incurred, including court costs and attorney fees, which may be necessary to recover damages incurred by The Sandbox VRA.
If I do not agree to the terms of this Agreement I understand that I must immediately discontinue my access to and use of the services provided by The Sandbox VRA, and participation in the “Activity”. Any continued use of the services provided by The Sandbox VRA or participation in the “Activity” will be considered as consent and acceptance of the terms of this Agreement by the “Participant” or their parent or legal guardian.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between parties of equal bargaining strength. Both the “Participant”, and The Sandbox VRA, agree that this Waiver and Release of Liability is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement but that it will be interpreted based on the language contained herein and in accordance with the purposes for which it is entered into.
The provisions found in this Waiver and Release of Liability are severable. In the event that any provision within this Waiver and Release of Liability shall be deemed invalid, unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.
I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any “Activity” at THE SANDBOX VRA (the “THE SANDBOX VRA Rules”). I certify that I understand and have explained THE SANDBOX VRA Rules to my child/ward if I am signing this Waiver and Release of Liability on their behalf. I understand that THE SANDBOX VRA Rules have been implemented for the safety of all participants at THE SANDBOX VRA, including myself and/or my child/ward. I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child/ward from THE SANDBOX VRA.
I further grant THE SANDBOX VRA the right to photograph, videotape and/or record me and/or my child/ward and to use my or my child/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation, limitation or compensation.
I, the undersigned participant, or party responsible for the participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement in its entirety, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a waiver and release of liability and is a legally enforceable contract and that I am signing it and agreeing to its terms of my own free will. If signing on behalf of a minor, I hereby certify that I am the parent or guardian and have the authority to give consent to participation in the Activity by the minor, and further do hereby give my consent on behalf of the minor.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE OF LIABILITY” AND FULLY UNDERSTAND THAT ITS TERMS.
Date: June 7, 2020