DISCLAIMER: PLAYTYME GAMING, INC. (“PLAYTYME Gaming”) welcomes you to the Arcade and we hope you have a fun experience enjoying Virtual Reality (“VR”) gameplay with us! Before you play, please be aware that enjoying this new technology may present risks to your health and safety. Your VR experience will occur in the physical world while wearing a headset that isolates your sensory perception and fully impairs your vision during gameplay, so please be aware that there is a risk of serious physical injury due to: slipping, falling, and loss of balance while playing the game. Please be mindful of your physical surroundings at all times while enjoying your experience in the VR world.
As this is a new technology without a long operating history, PLAYTYME Gaming believes the experience to be safe, but warns you that your use of the technology could possibly present risks to your health and safety such as: dizziness, nausea, headaches, migraine, and serious bodily injury including permanent disability, paralysis, or death. There may be other risks associated with your use of the technology that PLAYTYME Gaming is not aware of due to circumstances out of their control and your physical condition, coordination, and medical history. Please consult your doctor if you are not sure whether the VR experience is safe for you.
AGREEMENT TO PLAY: In consideration of the representations, warnings, and disclaimers made by PLAYTYME Gaming, I represent and acknowledge that the gaming experience and use of VR technology may present significant risks to my health, safety, and well-being. I represent that I am in good health and proper physical condition to participate in the gaming experience, and that I am not presently under the influence of drugs and/or alcohol. I will do my best to operate the technology in a safe manner and, if I believe the gaming conditions are unsafe, I will immediately discontinue participation and report the unsafe conditions to PLAYTYME Gaming. I have visually inspected the gaming area, and I represent that it appears free and clear of obstructions, debris, or hazards, and presents a safe environment for gameplay.
I agree to follow the instructions of PLAYTYME Gaming and its staff members regarding proper gameplay to ensure the safety of myself, others, and the VR gaming system equipment. I acknowledge that I will be personally liable for the cost of repair and/or replacement of any VR gaming system equipment if, as a result of my improper gameplay or intentional actions, any VR gaming system equipment is broken and/or damaged.
ASSUMPTION OF RISK: I fully accept and assume all risks associated with participating in the VR gaming experience. I am aware it presents known risks and may also present risks that I and PLAYTYME Gaming are not aware of. I also agree that I will be responsible for any losses, costs, or damages I suffer as a result of my participation and/or presence in the Arcade.
WAIVER OF LIABILITY/INDEMNITY: Therefore, I hereby release, discharge, and covenant not to sue PLAYTYME Gaming, and its affiliates, agents, and owners, from all liability, claims, demands, losses, or damages I suffer as a result of my participation in the VR gaming experience and/or presence in the Arcade. I further agree, that in the event of any claim for damages against PLAYTYME Gaming, made by me, or any other party, related to my use of the gaming technology or presence in the Arcade, that I shall defend and indemnify PLAYTYME Gaming from any and all such claims, demands, damages, or losses.
PHOTOGRAPHY: I represent and acknowledge that I do not have an expectation of privacy while participating in the VR gaming experience and/or being present in the Arcade. I consent and agree to the recordation and capture of my likeness, image, voice, and appearance (herein "my likeness") by digital and photographic medium by PLAYTYME Gaming and its staff members while participating in the VR gaming experience and/or being present in the Arcade, and further consent that any such pictures and/or recordings may be used by PLAYTYME Gaming for any legitimate business purpose. I release and discharge PLAYTYME Gaming from any and all claims and demands arising out of or in connection with PLAYTYME Gaming's use of my likeness, including but not limited to claims of invasion of privacy, right of publicity, misappropriation, or misuse of image, and/or defamation.
ARBITRATION: In the event of any dispute between myself and PLAYTYME Gaming related to my use of the gaming technology or presence in the Arcade, I agree that any dispute shall be resolved by binding Arbitration with the American Arbitration Association, in accordance with the laws of the State of California, in the County of Contra Costa, California. I understand that binding Arbitration is an informal legal proceeding that will be conducted in a private office, with a private Arbitrator, and without a Judge or Jury. I also agree that I will not initiate or participate in any class action against PLAYTYME Gaming.
SIGNATURE: I represent and warrant that I am adult at least 18 years of age, and that I have had an opportunity to review this document before signing. I have read this document, I understand its contents, and my agreement to its terms is given freely, voluntarily, and without any duress or coercion.
SIGNATURE BY PARENT/GUARDIAN: I represent that I am the parent and/or guardian of the participant(s) named below, who is a minor child / are minor children over the age of 7 years, but under the age of 18 years. I consent to the minor's use of PLAYTYME Gaming's technology, join in the representations, warranties, and covenants made by the minor, and agree to the terms set forth in this Agreement on behalf of myself and the minor(s).
WAIVER OF LIABILITY FOR UNATTENDED MINOR: I represent and agree that I will not leave any minor child under the age of 12 in the Arcade unattended. I hereby release and discharge PLAYTYME Gaming from any and all responsibility, claims, and damages which may arise or occur in the event that I leave any minor child of any age in the Arcade unattended. I have had an opportunity to review this document before signing.
I have read this document, I understand its contents, and my agreement to its terms is given freely, voluntarily, and without any duress or coercion.