MindTrek is an immersive activity in which you and up to seven other participants move through an open space within the MindTrek facility guided by virtual reality technology. The immersive nature of this activity requires participants to interact with each other and with the computer-generated events and characters projected into participants’ field of vision. These projections include terrain, landscapes, and events that are not real; participants are restricted to a flat, open, warehouse area.
In consideration for gaining access to 21 Apex Drive, Unit H, Marlborough, MA 01752 (the “Location”) and engaging the services of MindTrek Marlborough, East Coast Reality, Zero Latency, their agents, owners, officers, directors, representatives, assigns, affiliates, volunteers, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf, (herein after collectively referred to as “MindTrek” ), I on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, estate, and insurers, agree as follows:
I acknowledge that my participation in MindTrek virtual reality games or activities entails known and unanticipated risks that could result in physical or emotional injury including, but not limited to broken bones, concussions, vision issues, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, my child(ren), or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I expressly agree and promise to accept and assume all of the risks existing in this activity. My and/or my child(ren)’s participation in this activity is purely voluntary and I elect to participate, or allow my children to participate in spite of the risks. If I and/or my child(ren) are injured, I acknowledge that I or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT MINDTREK WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD ARE INJURED UNLESS SUCH INJURY WAS CAUSED BY GREATER THAN ORDINARY NEGLIGENCE OF MINDTREK. In consideration of MindTrek allowing my or my child[ren]s’ participation in virtual reality games or activities, I for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to hold harmless, release and discharge MindTrek of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to MindTrek’s ordinary negligence: and I, for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or any assigns, further agree that except in the event of MindTrek’s gross negligence and willfull and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against MindTrek for any economic and non-economic losses due to bodily injury, death, or property damage sustained by me and/or my minor child(ren) that are in any way associated with MindTrek games or activities. Should MindTrek or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this Agreement, I for myself and on behalf of my child(ren), and/or legal ward, heirs, administrators, personal representatives or assigns, agree to indemnify and hold them harmless for all such fees and costs.
I certify that I and my child[ren] are physically able to participate in all activities at the Location without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that I or my children may have. I acknowledge that I have read the rules, (the “MindTrek Rules”) governing my and/or my child(ren)’s participation in any activities at the Location. I certify that I have explained the MindTrek Rules to the child(ren) listed in this waiver. I understand that the MindTrek Rules have been implemented for the safety of all guests at the Location, including myself and/or my child(ren). I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child(ren) from the Location. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
If there are any disputes regarding this agreement, I on behalf of myself and/or my child(ren) hereby waive any right I and/or my child(ren) may have to a trial and agree that such dispute shall be brought within one year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered by the American Arbitration Association pursuant to its rules and procedures. I further agree that the arbitration will take place solely in the state of Massachusetts and that the substantive law of Massachusetts shall apply.
I further grant MindTrek the right, without reservation or limitation, to videotape, photograph and/or record me and/or my child(ren) on closed circuit television as well as for marketing purposes.
By signing this document, I acknowledge on behalf of myself and the participants listed in this Agreement (collectively, “Participant”) that if any Participant is hurt or property is damaged during the Participant’s participation in this activity, pursuant to this Agreement, the Participant has waived the right to maintain a lawsuit against MindTrek on the basis of any claim from which the Participant has released MindTrek herein. I further acknowledge that I have had sufficient opportunity to read this entire document. I understand this Agreement and I, on behalf of myself and the participants listed in the Agreement, voluntarily agree to be bound by its terms.
I further certify that I am the parent or legal guardian of the child(ren) listed below on this Agreement or that I have been granted power of attorney to sign this Agreement on behalf of the parent or legal guardian of the child(ren) listed above. In the event that I do not have the requisite authority to sign this Agreement on behalf of the child(ren) listed below, I agree that I shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensation or the like resulting from this misrepresentation. I agree to be contractually bound by this certification.