TERMS AND CONDITIONS
The following terms and conditions are binding for all visitors.
· Height, weight, size, age and medical restrictions may apply to certain experiences.
· Due to reserved birthday parties, available time slots for certain VR experiences may be limited.
· Visitors will be required to present valid government identification for age verification to use our bar.
· All visitors are required to supply their legal full name, telephone number, email address, and date of birth.
· All visitors over the age of 21 years of age will be required to wear a bracelet allowing the use of our bar.
· Anyone under the age of 21 years of age will not receive a bracelet and will not be allowed to purchase anything from the bar.
· Visitors agree to not conduct themselves in an unruly manner.
· Imagine VR Studios reserves the right to refuse service to anyone who breaks our Terms and Conditions at its sole discretion.
· Imagine VR Studios reserves the right to refuse entry, expel or ban anyone who breaks our Terms and Conditions at its sole discretion.
· Children under the age of 6 must remain accompanied by a parent or adult guardian and cannot participate in any VR experiences.
· Children under the age of 13 cannot enter alone unless accompanied by a parent or adult guardian.
· Children 13 years and older must have their parent or adult guardian sign our parental consent form to enter and participate in any VR experiences.
· Store credit only. No refunds, exchanges or transferability for any experience, promotions, passes, events or parties.
· Visitors agree to submit to any search for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances.
· No outside food or drinks without the express permission of the manager, director or officer.
· No pets or animals allowed on the premises.
· No smoking or vaping allowed on the premises.
· Imagine VR Studios is not responsible for any loss, theft or damage to any personal belongings brought into the premises.
· In the event any VR experience is unavailable for any reason, visitors will be offered a replacement by manager, director or officer.
· You acknowledge you are renting space, hardware, software and equipment for the duration of your experience. You are financially responsible for damages to any equipment that may occur during your playtime. This includes: Virtual Reality Headsets, Headphones, Controllers, PC's, Sensors, TVs, Cameras, Cables, and LED Screens, Monitors, and Simulators. In case of such damage(s) you are responsible to pay the price of the damaged equipment.
WAIVER AND RELEASE OF LIABILITY
1. ASSUMPTION OF RISK. I chose to pay rent for the use in participating in, or instructional use of, any and all activities, devices and entertainment which include but are not limited to, virtual reality, augmented reality, mix reality, motion simulation machines, gaming, and enrichment activities/classes, as well as the consumption of food, soft and liquor beverages (collectively referred to in this Waiver and Release of Liability as "Activity"), organized by the provider Imagine VR Studios, LLC and/or any affiliate, (collectively, the "Company") at Jefferson Valley Mall, 650 Lee Blvd, Yorktown Heights, NY 10598. My choice to rent and participate in the Activity is knowing, voluntary, and made for my personal enjoyment. It is not recommended to participate in these Activities with a history of seizures or if one suffers from motion sickness, pre-existing binocular vision abnormalities, psychiatric disorder, suffer from a heart condition or other serious medical conditions. I acknowledge that this Activity may involve a test of a person’s physical, emotional and mental limits. Seizures: Some people may have severe dizziness, seizures, epileptic seizures or blackouts triggered by light ﬂashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people under the age of 20. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before playing VR games. I understand that my participation in the Activity involves inherent risks and dangers which include but are not limited to, accidents, physical, emotional or psychological injury, pain, suffering, illness, temporary or permanent disability, paralysis, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, allergy attacks, food and beverage poisoning, death, and severe personal or economic losses (collectively referred to in this Waiver and Release of Liability as "Claims"). These Claims may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, including provider/Company negligence, or the condition of the facilities or equipment. Further, there may be other risks not known to me or reasonably foreseeable at this time. Your booking signals your agreement to take full responsibility for these or any other consequences that may arise from attendance at any of the "Imagine VR Studios" stores. I understand, and I have considered the risks involved, and I voluntarily and freely choose to assume these risks by signing this Waiver and Release of Liability.
1a. RISK OF EXPOSURE TO COVID 19. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19, a novel coronavirus is extremely contagious and is believed to spread mainly from person-to-person contact. It has been labeled as a global pandemic by the World Health Organization. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Imagine VR Studios of has put in place preventative measures to reduce the spread of COVID-19; however, Imagine VR Studios cannot guarantee that you or your child(ren) will not become infected with COVID-19. Participating in Imagine VR Studios activities could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Imagine VR Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Imagine VR Studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Imagine VR Studios employees, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Imagine VR Studios or participation in Imagine VR Studios activities. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Imagine VR Studios, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Imagine VR Studios its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Imagine VR Studios program.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge Company and its respective affiliates, directors, officers, members, shareholders, employees, agents, representatives, volunteers, heirs, spectators, attorneys, successors and assigns, event officials and event monitors, and/or producers of the event, insurers and all others involved in the Activity from any and all errors, omissions, injuries (including death), illness, losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Company. It is understood and agreed that this Waiver and Release of Liability shall not be construed as an admission of liability by the Company, and that any such admission is hereby expressly denied.
3. INDEMNITY. I will defend, indemnify, hold harmless and reimburse Company from and for all damages, losses, costs, or expenses (including legal fees) incurred by Company or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, illness, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Company if anyone makes a claim against Company in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, illness, damage to me, other parties or property however caused. 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.
4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Company, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), illness, losses, or damages sustained by me, other parties, or my (or others') property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Company responsible for any injury, loss, illness or damage sustained by me, other parties, or my (or others') property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Company.
5. MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury, or medical emergency resulting from or in connection with my participation in the Activity if I am unable to act on my own behalf. I understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation. I acknowledge that Company shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment. In the event that I should 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.
6. EQUIPMENT AND FACILITIES INSPECTION. I will immediately advise Company staff of any unsafe condition that I observe, and will refuse to participate in the Activity until all unsafe conditions observed by me have been remedied.
7. REPRESENTATIONS. I am over eighteen (18) years of age and I am in good health, in proper physical condition, have the skill level required to participate in the Activity, and I do not have any medical or other conditions that would impair my ability to participate in the Activity. If I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
8. PUBLICITY. In connection with my use of the Company’s facilities at the Premises, I consent and grant the Company and the Company’s successors and assigns an irrevocable, sub-licensable right and authority to use my name, to record my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize the Company and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as my name, for any commercial or non-commercial purpose now known or later developed throughout the universe without further obligation or compensation to me, including advertising, promoting, exploiting and/or publicizing any of the Company’s facilities and activities. I further agree that the foregoing includes the consent to use my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings. I further agree to provide my email address to be notified of any promotions, coupons, discounts, updates and any special events. I understand I have the right to unsubscribe from any such email subscription.
9. PARENTAL/GUARDIAN WAIVER AND CONSENT FORM. I certify that as the parent or legal guardian of the child/children named below, I hereby give my full consent and approval for my child to rent and participating in, the instructional use of, any and all activities, devices and entertainment which include but are not limited to, virtual reality, augmented reality, mix reality, simulation rides, gaming, and enrichment activities/classes as well as the consumption of food and beverages (collectively referred to in this Parental Waiver and Consent Form as "Activity"), at Imagine VR Studios (the "Company"). I understand that there are certain risks of injury inherent in such Activities. I am willing to assume these risks on behalf of my child. I hereby certify that my child is fully capable of participating in such Activities and that my child is healthy and has no physical, mental or emotional disabilities or infirmities that would restrict full participation in the Activities. It is not recommended to participate in these Activities with a history of seizures or if one suffers from motion sickness. In addition to giving my full consent for my child’s participation, I do hereby waive, release and hold harmless the Company, and its respective affiliates, directors, officers, members, shareholders, employees, agents, representatives, volunteers, heirs, spectators, attorneys, successors and assigns, event officials and event monitors, and/or producers of the event, insurers and all others involved in the Activity for any injury, physical, mental, emotional or otherwise, that may be suffered by my child in the normal course of participation in the Activities and the Activities incidental thereto, whether the result of my child’s negligence, the Company’s negligence, or any other cause. In the event that any damage to equipment or facilities occurs as a result of my child’s willful actions, neglect or recklessness, I acknowledge and agree to be held financially liable for any and all costs associated with my child’s actions of neglect or recklessness. In connection with my use of the Company’s facilities at the Premises, I consent and grant the Company and the Company’s successors and assigns an irrevocable, sub-licensable right and authority to record my child’s physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize the Company and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, for any commercial or non-commercial purpose now known or later developed throughout the universe without further obligation or compensation to me or my child, including advertising, promoting, exploiting and/or publicizing any of the Company’s facilities and activities. I further agree that I waive any and all claims I may have in connection with my child’s Recordings. This Parental/Guardian Waiver and Consent form is effective from the execution date and includes all future entrances to the Premises in perpetuity, unless I expressly revoke this Waiver in writing to the Company.
10. EFFECTIVE DATE. This Waiver and Release of Liability is effective from the execution date and includes all future entrances to the Premises, in perpetuity, unless I expressly revoke this Release in writing to Company.
11. GOVERNING LAW. All matters arising out of or relating to this Waiver and Release of Liability shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Westchester County, New York and I hereby consent to the exclusive jurisdiction of such courts.
12. SEVERABILITY. If any term or provision of this Waiver and Release of Liability is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or portion of a provision of this Waiver and Release of Liability or invalidate or render unenforceable such term or portion of a provision in any other jurisdiction.
13. I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME. I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF COMPANY IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY. IN SUMMARY, BY SIGNING, I ACKNOWLEDGE THAT IF I AM INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY COMPANY RELATED ENTITY.