Please read this document carefully. Before you begin, we require that all participants accept the terms of this Waiver and Release of Liability ("Agreement"). By accepting the terms, you are, among other things, waiving the right to sue and waiving the right to seek money damages.
The undersigned participant (“Participant”) desires to participate in the immersive full-motion virtual reality gaming experience (“VR Experience”) and or the GUN SIMULATOR (“GUN SIMULATOR Experience”) provided by Perfect Shot Branson, Jubil Team LLC, In consideration of Perfect Shot Branson’s provision of the VR or GUN SIMULATOR Experience, Participant agrees to the following:
1. Warning. The VR and GUN SIMULATOR Experience utilizes cutting edge technology that has not been subject to long term evaluation and testing. Participation in the VR or GUN SIMULATOR Experience may result in injury or other serious medical consequences, and may have known, unknown or nonobvious side effects including all or some of the following:
- Stress, Panic or Anxiety
- Eye Strain
- Motion Sickness
- Headaches or Fatigue
- Neurological Reactions
- Dizziness, Fainting or Loss of Balance
- Transmission of contagious conditions due to use of the equipment
- Increased Heart Rate or Blood Pressure
2. Instructions. Participant will adhere to the following instructions and any others given by the Perfect Shot host:
- Be aware of your surroundings, including any cables or cords. Use the equipment in a clear and safe area, maintain good footing and be careful to avoid running into partitions, walls, or other obstacles.
- If you have a history of negative physical or psychological reactions to certain real-life circumstances, avoid using VR games or GUN SIMULATOR scenarios with similar content. Simulated objects that may be encountered in your VR Experience may not exist in the real world and injuries may result when interacting with those simulated objects as if they were real.
- Prolonged, uninterrupted VR & GUN SIMULATOR Experience should be avoided.
- Immediately stop your VR or GUN SIMULATOR Experience if you experience any of the following symptoms:
A. Seizures, loss of awareness, involuntary movements, dizziness, disorientation, nausea, lightheadedness or fatigue;
B. Eye pain or discomfort, eyestrain, twitching or vision abnormalities;
C. Impaired balance or eye-hand coordination, excessive sweating or salivation, or symptoms of motion sickness;
- Until fully recovered from any of these symptoms, do not drive, operate machinery, or participate in activities that may have potentially serious consequences.
3. Conditions Prohibiting Participation.
Do not participate in the VR or GUN SIMULATOR Experience if:
- You are under 18 years of age and your parent, legal guardian, or authorized custodian has not yet signed this waiver.
- You are less than 48 inches in height. • You have an implanted medical device, such as a pacemaker.
- You are sick, fatigued, or under the influence of alcohol or other intoxicants.
- You are or may be pregnant, or
- You have a history of any of the following: (i) photosensitivity or sensory processing disorder, (ii) neurological problems such as epilepsy, blackouts, dizziness or seizures, (iii) hypertension or high blood pressure, (iv) cardiovascular conditions such as heart disease or strokes, (v) high anxiety or post-traumatic stress disorder.
4. Assumption of Risk. Participant acknowledges the warnings, instructions, and risks stated above and hereby agrees to assume all risks, both physical and financial, associated with his or her participation in the VR or GUN SIMULATOR Experience, including the risk of severe injury or other serious medical consequences.
5. Waiver and Release of Claims. PARTICIPANT HEREBY WAIVES AND RELEASES ALL CLAIMS AGAINST PERFECT SHOT BRANSON AND ITS OWNERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR ANY LOSS, DAMAGE, INJURY OR EXPENSE INCURRED BY PARTICIPANT DURING OR AS A RESULT OF THE VR OR GUN SIMULATORULATOR EXPERIENCE, INCLUDING ANY LOSS, DAMAGE, INJURY OR EXPENSE CAUSED BY PERFECT SHOT ’S NEGLIGENCE.
6. Indemnification. PARTICIPANT HEREBY AGREES THAT IT WILL INDEMNIFY AND HOLD HARMLESS PERFECT SHOT BRANSON AND ITS OWNERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ("INDEMNIFIED PARTIES") FROM AND AGAINST ALL CLAIMS FROM ANY THIRD PARTY ARISING FROM PARTICIPANT’S PARTICIPATION IN THE VR OR GUN SIMULATOR EXPERIENCE.
7. Participant’s Liability. Participant agrees that he or she will be liable for any damage to Perfect Shot Branson, its equipment, including the GUN SIMULATOR equipment, replica handguns and rifles and to third parties as a result of Participant’s willful acts or negligence during the VR or GUN SIMULATOR Experience.
8. Governing Law. This Agreement has been executed, delivered and is intended to be performed in Branson, Missouri, and the substantive laws of the State of Missouri will govern the validity, construction and enforcement of this Agreement.
9. Severability. If any term of this Agreement is illegal, invalid or unable to be enforced, such term will be excluded and all other terms hereof will remain in full force and effect.
BY SIGNING THE FORM BELOW, I acknowledge that I am 18 years of age or older or the legal guardian of student aged child(ren) listed below, that I have read, understood and agree to the terms of this Agreement that is a binding legal contract.
Date Signed: November 20, 2018
By walking into the storefront of Perfect Shot and making a purchase via cash or credit card, you declare you accept the terms of the Waiver & Release of Liability ("Agreement") as is presented on PerfectShotBranson.com website page. By accepting the terms, you are, among other things, waiving the right to sue and waiving the right to seek money damages for participating in either VIRTUAL or GUN SIMULATOR Experiences.
Groups should print and have parents/guardians sign waiver and present to staff upon your arrival at Perfect Shot.