This Privacy Policy identifies and describes the way Ark Encounter uses and protects the information collected about Customers and Users.

The Information Ark Encounter collects

Ark Encounter may collect different types of personal and other information based on your use of the Service and its business relationship with you. Some examples include:

  • Contact Information that allows Ark Encounter to communicate with you, including your name, address, telephone number, and e-mail address
  • Billing information related to your financial relationship with Ark Encounter, including your payment data, credit history, credit card number, Social Security numbers, security codes, and service history
  • Equipment, performance, viewing and other technical Information about your use of the Service.

How Ark Encounter collects the Information

Ark Encounter collects information in three primary ways:

  • You give it to Ark Encounter when you purchase or interact with Ark Encounter about the Service;
  • Ark Encounter collects it automatically when you use the Service;
  • Ark Encounter obtains it from other sources.

How Ark Encounter uses the Information

Ark Encounter may use the information collected in a variety of ways, including to:

  • Provide you with the best customer experience possible;
  • Provide the Service you purchase, and to respond to your questions;
  • Communicate with you regarding the Service updates;
  • Deliver customized content that may be of interest to you;
  • Address network integrity and security issues;
  • Investigate, prevent or take action regarding illegal activities, or violations of the Terms;
  • Provide local directory and directory assistance.

Location Information

  • Ark Encounter monitors, collects and uses your wireless location information, as well as other information obtained from the network and your device, to provide you with wireless voice and data services, and to maintain and improve the network;
  • You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location-Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location.

Online activity tracking

  • Ark Encounter collects information about your activity for a number of purposes using technologies such as cookies, Flash cookies, Web beacons, widgets and server log files.
  • Ark Encounter uses that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and to help make decisions about ads you see on other sites.

Anonymous & aggregate Information

  • Ark Encounter collects some information on an anonymous basis. Ark Encounter also may anonymize the personal information it collects about you.
  • Ark Encounter obtains aggregate data by combining anonymous data that meet certain criteria into groups.
  • Ark Encounter may share aggregate or anonymous information in various formats with trusted entities, and may work with those entities to do research and provide services.

Our online Privacy Policy for children

  • Ark Encounter does not knowingly collect personally identifying information from anyone under the age of 13 unless it first obtains permission from that child's parent or legal guardian.

Data protection and security

  • Ark Encounter does not sell your personal information to anyone for any purpose.
  • Ark Encounter maintains information about you in its business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes.
  • Ark Encounter has implemented appropriate security controls to protect personal information when stored or transmitted by Ark Encounter.

Customer privacy controls and choices

  • You can review, correct and delete your personal information collected by Ark Encounter.
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ARK ENCOUNTER “TRUTH TRAVELER” EXHIBIT ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT


Review Ark Encounter Privacy Policy

This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs the Participant’s (described below) use of the Ark Encounter Virtual Reality Exhibit, known as “Truth Traveler” (the “Activity”), including certain virtual reality (VR) equipment, content and software at the Ark Encounter attraction located at 1 Ark Encounter Drive, Williamstown, Kentucky (the “Premises”). This Agreement shall apply to Ark Encounter and all of its parent, subsidiary and affiliate organizations, and their respective directors, officers, members, owners, employees, agents, contractors, and representatives (collectively, “Ark”).

I acknowledge that my use of Ark VR 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. I acknowledge that Ark employees have difficult jobs to perform; that they seek to create a safe environment but they are not infallible; that they might be unaware of a Participant’s health or abilities; and that they may give incomplete warnings or instructions and the equipment being used might malfunction. Closed Captions or subtitles are not included with this experience. 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 all the risks, whether known and unknown.

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 Ark will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.

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

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 Ark (the “Ark VR rules”). I certify that I understand and have explained the Ark Rules to my child/ward. I understand that Ark VR rules have been implemented for the safety of all Participants at Ark, 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 Ark.

This Agreement serves as the complete and exclusive agreement between me and Ark. This Agreement supersedes and replaces any and all previous discussions, negotiations, agreements, and understandings, 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 the Christian Law Association (CLA) before a single arbitrator assigned by the CLA to the case. Any arbitration proceeding involving the parties to this Agreement, and any litigation to enforce any decision, judgment, ruling, decree, or order from such proceeding, shall be brought solely within the Commonwealth of Kentucky and shall be governed by the laws of Kentucky. I understand that my rights under these Terms and Conditions are in no way transferable, in whole or in part, without your prior written consent.

Contact details for Ark can be found on Ark’s website (www.ArkEncounter.com) under the home page footer. All notices regarding this Agreement and the Activity will be provided in writing to Ark by e-mail or by post first class, using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from Ark to me, or three (3) business days after the date of posting by mail.

I am responsible and liable for all equipment I use. If I, or my child, breaks a controller, headset or computer I will pay back the full cost of the equipment within three (3) months from the date I visited. Payment arrangements can be made with Ark.

By signing below, I am verifying I have had sufficient opportunity to read this Agreement and understand and agree to be bound by these terms. I also accept that I will be watching any Ark reality tutorial videos presented in its entirety and also accept that any experience involving the Activity and my use of the Ark VR equipment is dependent on my own ability to follow the instructions of the operator.


Date signed: September 13, 2024



Who will be participating? Each adult will need to fill out a separate waiver. All minors must be listed on a waiver.
AdultMinor(s)Adult and Minor(s)
1 Minor2 Minors3 Minors4 Minors5 MinorsMore Minors6 Minors7 Minors8 Minors9 Minors10 Minors
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First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Parent or Guardian's Email Address

Email
Email me a copy of this document.
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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

YOUR WAIVER IS NOT YET COMPLETE. PLEASE SIGN BELOW THEN TAP "Agree To This Document" AT THE BOTTOM TO COMPLETE YOUR WAIVER.

Parent or Guardian's Signature*
Electronic Signature Consent*
 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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