In consideration of the risk of injury while participating in Tech Unlimited’s Virtual Reality (VR) Experience (the “activity”), and as consideration for the right to participate in the activity, 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 Tech Unlimited LLC located at 1326 South Broadway, New Ulm, MN 56073, 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, economic or emotional loss, that I may suffer as direct result of my participation in the aforementioned activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THI ACTIVTY, WHICH MAY INLCUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, EXPOSURE TO COMMUNICABLE DISEASES, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONIDTION OF THE ACTIVITY LOCATION. NONETHELESS, I ASSUME ALL RELTAED RISKS, BOTH KOWN AND UNKNOWN TO ME, OF MY PARTICPATION IN THIS ACTIVTY.
I agree to indemnify and hold harmless Tech Unlimited LLC 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 Tech Unlimited LLC incurs any of these types of expenses, I agree to reimburse Tech Unlimited LLC.
I acknowledge that Tech Unlimited LLC and their directors, officers,, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any part or entity conducting a specific event or activity on behalf of Tech Unlimited LLC.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, OR SERIOUS INJURY. The risks may include, but are not limited to, those caused by facilities, equipment and actions of others, including but not limited to, participants, volunteers, spectators, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELESAE AND DISCHARGE Tech Unlimited LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUTNEERS, 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 Tech Unlimited LLC FOR PERSONAL INJURY.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Tech Unlimited LLC, its agents and employees.
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.
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.
I will NOT use the virtual reality equipment:
- If I am epileptic, unless in the opinion of my physician, my epilepsy is under medical control so that I am in sufficient control of my seizures not to endanger myself;
- If I have any communicable or infectious disease or illness, skin disorder, large cuts, open sores or wounds;
- If I am experiencing any symptoms of COVID-19 including, but not limited to the following; fever, dry cough, tiredness, aches and pains, sore throat, diarrhea, conjunctivitis, headache, loss of taste or smell, a rash on skin, discoloration of fingers or toes, difficulty breathing, shortness of breath, chest pain or pressure, loss of speech or movement;
- If I am under the influence of alcohol or drugs.
Tech Unlimited LLC will be implementing the following procedures to prevent the spread of COVID-19;
- Face masks will be required for all whom enter the Tech Unlimited LLC location or premises unless exempt under Governor's Executive Order 20-81. If you do not have a face mask, one will be provided for you.
- Social distancing, or maintaining at least six feet apart, will be enforced on Tech Unlimited LLC's location or premises at all times.
- Hand sanitizer will be readily available and is recommended for use before and after each participant's session.
- All equipment will be sanitized before and after each participants use.
- Participants will be required to use the protective liners provided for the equipment.
- No more than ten individuals will be allowed on Tech Unlimited LLC's location or premises at one time.
- Door handles, counter tops, bathroom facilities, hand washing sinks and other commonly touched surfaces will be regularly sanitized periodically throughout each operational day.
I understand that any items I bring to Tech Unlimited LLC, including, but not limited to: camera, MP3 player, cell phone, other personal electronics, jewelry, glasses, etc., are the responsibility of myself, and Tech Unlimited LLC is in no way responsible for lost, missing, stolen or damaged items.
By entering Tech Unlimited LLC location or premises, I authorize Tech Unlimited LLC to use the following personal information:
- My picture – including photographic, motion picture, electronic (video) images
- My voice – including sound and video recordings
I hereby grant Tech Unlimited LLC, its subsidiaries, successors and assignees, the right to use, publish and reproduce, for all purposes, my name, pictures of me in film or video form, sound and video recordings of my voice, and printed and electronic copy of the information described above in any and all media, including, without limitation, television and internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and print media.
I acknowledge that I have read the foregoing and I fully understand the contents. I also certify that in the event I am signing on behalf of a minor who is under the age of 18 years, to whom this release applies and that I have legal authority to execute this release, I approve the foregoing and agree that we shall be bound thereby.