WAIVER AND RELEASE OF LIABILITY
RELEASE OF LIABILITY, WAIVER, OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
VR ARCADE ACTIVITIES
In this Release Agreement, the term “VR Arcade Activities” shall include but is not limited to: utilizing a Virtual Reality (VR) headset, observing the use of a VR headset, and all activities, services and use of facilities and equipment either provided by or arranged by the Releasees including orientation and instructional sessions or competitions. The term “Releasees” refers to EliteVR and its parent company Ultimate VR Matrix Inc..
ASSUMPTION OF RISKS
I am aware that participation in VR Arcade Activities as defined in this agreement, involves certain risks, dangers and hazards. These may include, but are not limited to: falls to the ground, impacts with other people, impacts with the wall, the ground or other structures and equipment, entanglement, other injuries resulting from participating or observing, equipment failure, the negligence of other persons; and negligence on the part of the Releasees, including the failure by the Releasees to safeguard or protect me from the risks, dangers and hazards of VR arcade activities.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH VR ARCADE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Releasees, 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in VR Arcade Activities as defined in this Release Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in VR Arcade Activities, 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 ANY APPLICABLE OCCUPIERʼS LIABILITY LEGISLATION ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF VR ARCADE ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, property damage or personal injury to any third party resulting from my participation in VR Arcade Activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the VR Arcade Activities take place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the VR Arcade Activities take place and shall be within the exclusive jurisdiction of the Courts of that province.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of VR Arcade Activities, other than what is set forth in this Release Agreement.
I THE UNDERSIGNED PARTICIPANT AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
I AGREE TO FOLLOW THE RULES LAID OUT BY RELEASEES AND I AGREE TO PAY FOR ANY DAMAGES INCURRED THROUGH NON-COMPLIANCE OF THOSE RULES BY MYSELF OR THE UNDERAGE PARTICIPANT I AM AUTHORIZING.