Release of Liability, Waiver of Claims Assumption of Risk and Indemnity Agreement
A waiver is required for Virtual Reality activities. Persons over 18 years of age can sign for themselves and those under 18 can participate if a parent or guardian signs for them. A parent or legal guardian an sign for more than one child on a single waiver. Parents or legal guardians may only sign for their own children.
By signing this agreement, you will waive certain rights including the right to sue, so PLEASE read carefully before signing!
K & B Games, her majesty the Queen in right of the province of British Columbia and all other parties who provide or make available facilities, premises or services for the operators, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, successors, and assigns (hereinafter referred to as ‘The Releasees”.)
In this Agreement, the term ‘Computer Gaming and VR’ shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by K & B Games and shall include, but are not limited to the use of Virtual Reality Gaming, Online computer gaming, virtual reality or computer gaming themed events and birthday parties on and off site and other such activities, events and services in anyway connected with or related to those activities.
Acknowledgement of Safety
I acknowledge that I am required to follow the safety instructions of the staff while participating in K & B Games activities. I am aware that there are staff available to answer any questions that I may have as to the proper use of the equipment. I am aware that the physical exertion required at K & B Games, and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with K & B Games.
Assumption of Risks
I am aware that taking part in computer gaming and virtual reality at K & B Games involves risks, dangers and hazards including but not limited to: impact injury, 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 may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the premises, negligence of other participants or assistants, and negligence on the part of the releasees, including the failure on the part of the releasees to safeguard or protect me from the risks, dangers and hazards of computer gaming and virtual reality.
K & B Games recommends a minimum age of 8 years old for Virtual Reality Equipment, for development of eyes, and the concept of reality. This is a recommendation, not law. You as a parent or guardian of a minor under the age of 8 years old can determine whether your child has the ability to handle the Virtual Reality Equipment.
I am aware of the risks, dangers and hazards associated with K & B Games and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
Release of Liability, Waiver of Claims, and Indemnity Agreement
In consideration of the Releasees allowing me to participate in Computer Gaming and Virtual Reality at K & B Games and permitting my use of their property and equipment (hereinafter referred to as ‘The 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 resulting from either my use of or my presence on the facilities 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 under the occupiers liability act, R.S.B.C. 1996, c.337, on the part of the releasees, and also including the failure on the part of the releasees to safeguard or protect me from the risks, dangers and hazards of K & B Games referred to above;
- To hold harmless and indemnify the releasees from any and all liability for any damage to property or personal injury to any third party, resulting from my use of or presence on the facilities;
- This 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 agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
- Any litigation involving the parties to this agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of the province of British Columbia;
- To consent to having photos or videos taken of me while participating in K & B Games and to the publication of the photos or videos by the releases for advertising, marketing and promotional purposes. This is optional. If you do not want any photos or Videos taken please initial below.
- To consent to being recorded via video for security surveillance purposes. This is not optional
- Agree to pay an additional $30.00 should the mats become soiled.
I am not relying upon any oral or written representations or statements made by the releasees with respect to the safety other than what is set forth in this agreement.
I confirm that I have read and understand this agreement prior to signing it, and I am aware that by signing this 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.
For participants of minority age: I herby certify that I, as parent/guardian with legal responsibility for this participant of minority age, do consent and agree, to his/her release of all the releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify the releasees from any and all liabilities incident to this participants of minority age’s participation in computer gaming and virtual reality.
By signing this document you agree to K & B Games House Policies as well. House Policies are posted on the wall!
Today's Date: April 23, 2019