By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY! Nexus VR, LLC, a limited liability company incorporated under the laws of South Carolina, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "THE NEXUS"): This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the "Agreement”), together with any documents referred to herein, governs the User's (described below) use of THE NEXUS virtual reality equipment with various virtual reality content and/or software (the "Services”), at THE NEXUS locations (the "Premises").
IN CONSIDERATION OF THE NEXUS allowing the user to use the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assignees, personal representatives and estate:
1. By using the Services I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words "I" and "me" in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement. If I do not have the capacity to enter into a legal agreement, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.
2. 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.
3. I acknowledge that my use of THE NEXUS virtual reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, 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, among other things: 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 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. THE NEXUS employees have difficult jobs to perform. They seek to create a safe environment, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
4. 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 NEXUS will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
5. UNDER NO CIRCUMSTANCES WILL THE NEXUS, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH THE NEXUS DOES BUSINESS ("BUSINESS PARTNERS"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES.I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE NEXUS AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE NEXUS, AND TO RELEASE THE NEXUS FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE PREMISES AND MY USE OF THE SERVICES 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 ANY AND ALL APPLICABLE PREMISES' LIABILITY LAWS AS STATED IN THE STATE OF SOUTH CAROLINA ON THE PART OF THE NEXUS AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE NEXUS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE NEXUS’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS "CLAIMS").WITHOUT LIMITING THE FOREGOING, THE LIMIT ON THE NEXUS'S (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF $10.00 U.S. DOLLARS.
6. I agree to hold harmless and indemnify THE NEXUS from any and all liability for any property damage or personal injury to any third party resulting from my use of THE NEXUS virtual reality equipment. I also agree to indemnify and fully compensate THE NEXUS for any property damage I cause to THE NEXUS property, including but not limited to THE NEXUS virtual reality equipment, resulting from my use of THE NEXUS virtual reality equipment. Furthermore, should THE NEXUS or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold THE NEXUS harmless from all such fees and costs.
7. 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 NEXUS ("THE NEXUS Rules"). I certify that I understand and have explained THE NEXUS Rules to my child/ward. I understand that THE NEXUS Rules have been implemented for the safety of all participants at THE NEXUS, 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 NEXUS.
8. Full payment of all applicable fees is required by the User in advance of use of the Services. A full refund will be issued for all reservations cancelled at least forty-eight (48) hours in advance of a scheduled booking. Users who cancel their reservation between forty-eight (48) hours and twenty-four (24) hours in advance of a scheduled booking will be entitled to a full refund less a cancellation fee of 50%. Users who cancel their reservation less than twenty-four (24) hours in advance of a scheduled booking will forfeit all fees paid and shall not be entitled to a refund.
10. I further grant THE NEXUS 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.
11. Contact details for THE NEXUS can be found on THE NEXUS’s Website under the “Contact” heading. All notices regarding this Agreement and the Services will be provided in writing to by e-mail or by post using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from THE NEXUS to me, or two (2) business days after the date of posting.
12. THE NEXUS offers a variety of software titles with a range of genres and ratings. THE NEXUS staff can provide helpful recommendations regarding content, but it is the sole responsibility of the parent/guardian of any patron under the age of eighteen (18) to ensure that the content selected by them is deemed appropriate.
13. The A3 motion simulator (the system) is capable of moving the user very rapidly and sharply and is therefore potentially dangerous for use by those with conditions including but not limited to spinal / neck injuries / weaknesses, epilepsy, motion sickness, vibration injuries / susceptibility and any other condition which makes the user adversely affected by sudden movements & vibration. If someone is in any doubt over their fitness to safely use the system then they should not do so. If undecided, seeking medical advice may help someone to decide upon his or her fitness to use the system. The use of the system by children is entirely at the discretion of a responsible adult and we recommend that one be present at all times if children are using the system. The system is also capable of causing injury / damage to adults, children, animals and objects located too close to the system while in use. It is therefore imperative that a clear area is kept around the system while in use. Special care should be taken to ensure that children and animals are not able to enter this area. In any event, all users of the system, and those who approve use of the system by children, do so at their own risk. All those in close proximity to the system whilst in use, including the user, bear responsibility for ensuring that they, children, animals and possessions are not placed in danger by being too close to the system whilst in use. The system is heavy (over 50Kg) and no attempt should be made by one person to lift the unit alone. When attempting to move the unit, or parts thereof, safe-lifting practices should be employed. Anyone attempting to move, or assist in moving, the system or parts thereof do so at their own risk. Any involvement by children in such movement is at the risk of a responsible adult. Neither Talon Simulations, LLC nor their partners / affiliates shall accept any responsibility for injuries or damage to any person, animal or object, howsoever caused, in interaction with the system.
By entering any The Nexus VR Arcade location or premises, I authorize The Nexus VR Arcade 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 The Nexus VR Arcade, its subsidiaries, licensees, successors and assignees, the right to use, publish, and reproduce, for all purposes, my name, 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 languages, media, formats and markets now known or hereafter devised. This permission shall continue forever. I further grant The Nexus VR Arcade all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant The Nexus VR Arcade 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 The Nexus VR Arcade premises, I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for The Nexus VR Arcade 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.
I have had sufficient opportunity to read this Agreement and the THE NEXUS Rules and have read and understood and agree to be bound by their terms. I have also watched the THE NEXUS tutorial video in its entirety and accept that my User experience involving the THE NEXUS virtual reality equipment is dependent on my own ability to follow the instructions in the said video.
Dated: June 4, 2020