In consideration of the risk of injury while participating in VizionVR LLP (VizionVR Arcade) – Events (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 VizionVR LLP (VizionVR Arcade) located at 955 Dougherty Road Unit B, Aiken, SC 29803, 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 a direct result of my participation in the aforementioned activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, 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 CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless VizionVR LLP (VizionVR Arcade) 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 VizionVR LLP (VizionVR Arcade) incurs any of these types of expenses, I agree to reimburse VizionVR LLP (VizionVR Arcade).
I acknowledge that VizionVR LLP (VizionVR Arcade) and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of VizionVR LLP (VizionVR Arcade).
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 action 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 RELEASE AND DISCHARGE VIZIONVR LLP (VIZIONVR ARCADE) AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, 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 VIZIONVR LLP (VIZIONVR ARCADE). 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 VizionVR LLP (VizionVR Arcade), 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.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between parties of equal bargaining strength. Both the Participant, and VizionVR LLP (VizionVR Arcade) agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written construed and enforced as so limited.
I will NOT use the virtual reality equipment:
- If I have any communicable or infectious disease or illness, skin disorder, large cuts, open sores or wounds;
- If I am under the influence of alcohol or drugs;
- If I am epileptic, unless in my opinion of my physician, my epilepsy is under medical control so that I am in sufficient control of my seizures not to endanger myself.
I understand that any items I bring to VizionVR LLP (VizionVR Arcade), including, but not limited to: camera, MP3 player, cell phone, other personal electronics, jewelry, glasses, etc., are the responsibility of myself, and VizionVR LLP (VizionVR Arcade) is in no way responsible for lost, missing, stolen or damaged items.
By entering VizionVR LLP (VizionVR Arcade) location or premises, I authorize VizionVR LLP (VizionVR Arcade) to use the following personal information:
- My picture - including photographic, motion picture, and electronic (video) images.
- My voice - including sound and video recordings.
I hereby grant VizionVR LLP (VizionVR Arcade), its subsidiaries, successors and assignees, the right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media.
This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever. I further grant VizionVR LLP (VizionVR Arcade) all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant VizionVR LLP (VizionVR Arcade) the right to give, sell, transfer, and exhibit the print in copies of facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.
By entering VizionVR LLP (VizionVR Arcade) premises, I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for VizionVR LLP (VizionVR Arcade) use of any of the material described above for any of the purposes authorized by this release. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied. 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 sho is under the age of eighteen years, to whom this release applies and that I have the legal authority to execute this release, I approve the foregoing and agree that we shall be bound thereby.