In consideration of the risk of injury while participating in the Wagga Bowling and Entertainment Centre OMNI VIRTUIX EXPERIENCE/9D VR Egg Simulator Ride (the “Activity”), and as consideration for the right to participate in the Activity. The Words “I” and “Me” in this agreement, refer to the “User.”
1. I 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 Wagga Bowling and Entertainment Centre with OMNI VIRTUIX EXPERIENCE/9D VR Egg Simulator Ride located at 65A Trail Street, Wagga Wagga, New South Wales 2650, OR other premises “affiliated with”, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity.
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 Services. Any continued use of Services will be considered and consent and acceptance of the terms of this Agreement the User or their Parent or legal Guardian.
3. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. THE RISKS INCLUDE, AMONG OTHER THINGS: SEIZURES, LOSS OF AWARENESS, EYE STRAIN, EYE OR MUSCLE TWITCHING, INVOLUNTARY MOVEMENTS, ALTERED/ BLURRED/ DOUBLE VISION DIZZINEES, DISORIENTATION, IMPAIRED BALANCE, DECREASED ABILITY TO MULTITASK, IMPAIRED HAND-EYE CO-ORDINATION, EXCESSIVE SWEATING, INCREASED SALIVATION, NAUSEA, LIGHT-HEADEDNESS, OR SYMPTOMS OF MOTION SICKNESS. OTHER 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.
The risks may include, but are not limited to, those caused by facilities, equipment and action of others, including but not limited to, participants, volunteers, spectators, event officials and event monitors, and/or producers of the event.
4. I agree to indemnify and hold harmless Wagga Bowling and Entertainment Centre with OMNI VIRTUIX EXPERIENCE/9D VR Egg Simulator Ride 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, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Wagga Bowling and Entertainment Centre with OMNI VIRTUIX EXPERIENCE/9D VR Egg Simulator Ride incurs any of these types of expenses, I agree to reimburse Wagga Bowling and Entertainment Centre with OMNI VIRTUIX EXPERIENCE/9D VR Egg Simulator Ride related damages.
5. I acknowledge that Wagga Bowling and Entertainment Centre and their Directors, officers, 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 Wagga Bowling and Entertainment Centre To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Wagga Bowling and Entertainment Centre, its agents, and employees.
6. In the event that I and/or My Child/ Ward may require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance and that Wagga Bowling and Entertainment Centre, its agents, will not pay for any cost or expenses incurred to me if I and/ or My Child/ Ward are injured.
7. In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
8. 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 Wagga Bowling and Entertainment Centre agree that this Agreement 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 in accordance with the purposes for which it is entered into. In the event that any provision within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written construed and enforced as so limited.
9. I the undersigned participant affirm that I and/or My Child/ Ward is “age of 8 years or older” (Applicable when using 9D VR Egg Simulator Ride) and “10 years of age or over/ minimum height 115cm ” and must fully supervise My Child/ Ward at all times (Applicable when using the OMNI VIRTUIX EXPERIENCE/9D VR Egg Simulator Ride), and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND acknowledged WAGGA BOWLING AND ENTERTAIMENT CENTRE’S FULL SAFETY TERMS AND CONDITIONS and FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE WAGGA BOWLING AND ENTERTAINMENT CENTRE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST WAGGA BOWLING AND ENTERTAINMENT CENTRE FOR PERSONAL INJURY.
Today's Date: 21st June 2018