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Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement

By signing this document, you will waive certain legal rights, including the right to sue.

PLEASE READ CAREFULLY!

TO: THE STRIKE ZONE, a corporation incorporated under the laws of Georgia, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “The Strike Zone”):

1

This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs the User’s (described below) use of THE STRIKE ZONE’s virtual reality equipment with various virtual reality content and/or software (the “Services”), at THE STRIKE ZONE locations (the “Premises”).

2

IN CONSIDERATION OF THE STRIKE ZONE allowing the User to use the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:

3

By using the Services I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words “I” and “me” in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the state of Georgia.  If I do not have the capacity to enter into a legal agreement in the state of Georgia, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.

If I do not agree to the terms of this Agreement I understand that I must promptly discontinue my access to and use of the Services. Any continued use of the Services will be considered as consent and acceptance of the terms of this Agreement the User or their parent or legal guardian.

4

I acknowledge that my participation in the use of THE STRIKE ZONE virtual reality equipment is a potentially hazardous activity. I understand that during my participation in the use of THE STRIKE ZONE virtual reality equipment, I may/will be exposed to above-normal risks. I understand, too, that although THE STRIKE ZONE has taken precautions to provide equipment and safety preparations for the activity, it is impossible for THE STRIKE ZONE to guarantee absolute safety. Also, I understand that I share the responsibility for safety in the use of THE STRIKE ZONE virtual reality equipment and I assume that responsibility.

I acknowledge that my use of THE STRIKE ZONE’s virtual reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things:  seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, discomfort or pain in the head or eyes, drowsiness, decreased ability to multi-task, fatigue, or any symptoms similar to motion sickness, all of which can persist and become more apparent hours after use and which may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the Premises.  THE STRIKE ZONE’s employees have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction.  I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.

I have accepted responsibility to verify with my physician that I have no physical or psychological problems that would prohibit me from participating in the use of THE STRIKE ZONE’s virtual reality equipment and I agree to comply with the instructions and directions of employees of THE STRIKE ZONE during my use of THE STRIKE ZONE’s virtual reality equipment.

5

If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses.  I understand and agree that THE STRIKE ZONE will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.

UNDER NO CIRCUMSTANCES WILL THE STRIKE ZONE, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH THE STRIKE ZONE DOES BUSINESS (“BUSINESS PARTNERS”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES.I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE STRIKE ZONE AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE STRIKE ZONE, AND TO RELEASE THE STRIKE ZONE FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE PREMISES AND MY USE OF  THE SERVICES DUE TO ANY CAUSE  WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER O.C.G.A § 51-3-1 ON THE PART OF THE STRIKE ZONE AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE STRIKE ZONE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE STRIKE ZONE’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).

6

I agree to hold harmless and indemnify THE STRIKE ZONE from any and all liability for any property damage or personal injury to any third party resulting from my use of THE STRIKE ZONE virtual reality equipment. I also agree to indemnify and fully compensate THE STRIKE ZONE for any property damage I cause to THE STRIKE ZONE property, including but not limited to THE STRIKE ZONE virtual reality equipment, resulting from my use of THE STRIKE ZONE virtual reality equipment.  Furthermore, should THE STRIKE ZONE or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold THE STRIKE ZONE harmless from all such fees and costs.

7

I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any activity at THE STRIKE ZONE (the “THE STRIKE ZONE’s Rules”). I certify that I understand and have explained THE STRIKE ZONE Rules to my child/ward.  I understand that THE STRIKE ZONE’s Rules have been implemented for the safety of all participants at THE STRIKE ZONE, including myself and/or my child/ward.  I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child/ward from THE STRIKE ZONE.

8

Full payment of all applicable fees is required by the User in advance of use of the Services. A full refund will be issued for all reservations cancelled at least forty-eight (48) hours in advance of a scheduled booking.  Users who cancel their reservation between forty-eight (48) hours and twenty-four (24) hours in advance of a scheduled booking will be entitled to a full refund less a cancellation fee of 50%.  Users who cancel their reservation less than twenty-four (24) hours in advance of a scheduled booking will forfeit all fees paid and shall not be entitled to a refund.

9

This Agreement serves as the complete and exclusive agreement between me and THE STRIKE ZONE. This Agreement supersedes and replaces any and all previous discussions, negotiations, understandings and agreements, written or oral, regarding any or all of the subject matter herein. No term of this Agreement will be deemed waived by reason of any previous failure to enforce it.  No term of this Agreement may be waived except in writing, signed by the party waiving enforcement. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this agreement, I on behalf of myself and/or my child/ward hereby waive any right I and/or my child/ward may have to a trial and agree that such dispute shall be brought within one (1) year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the Georgia Arbitration Code. I further agree that the arbitration will take place solely in the State of Georgia and that the substantive law of Georgia shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit against THE STRIKE ZONE, in addition to my agreement to defend and indemnify THE STRIKE ZONE, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the State of Georgia and shall be governed by the laws of Georgia, and (ii) to pay THE STRIKE ZONE within 60 days of initiating or filing a lawsuit against THE STRIKE ZONE liquidated damages in the amount of $5000 plus 12% interest per annum if payment is not made on time.  THE STRIKE ZONE may assign this Agreement, in whole or in part, without notice to me at any time. Your rights under these Terms of Use are in no way transferrable, in whole or in part, without our prior written consent.

10

I further grant THE STRIKE ZONE the right to photograph, videotape and/or record me and/or my child/ward and to use my or my child/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation, limitation or compensation.

11

Contact details for THE STRIKE ZONE can be found on THE STRIKE ZONE’s Website under the “Contact” heading. All notices regarding this Agreement and the Services will be provided in writing to by e-mail or by post using the contact information provided by me upon registration. Notice will be deemed given after e-mail transmission from THE STRIKE ZONE to me, or as of the date of posting.

12

The Strike Zone offers a variety of software titles with a range of genres and ratings. The Strike Zone staff can provide helpful recommendations regarding content, but it is the sole responsibility of the parent / guardian of any patron under the age of eighteen (18) to ensure that the content selected by them is deemed appropriate.

13

I have had sufficient opportunity to read this Agreement and THE STRIKE ZONE’s Rules and have read and understood and agree to be bound by their terms.

 

ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT.

Dated: October 27, 2020

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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