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.
TO: StudioVR presented by ECM INC, a private company under the laws of Texas 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 “StudioVR”
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 StudioVR’S virtual reality equipment with various virtual reality content and/or software (the “Services”), at StudioVR’S locations (the “Premises”).
IN CONSIDERATION OF StudioVR 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:
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 Texas. If I do not have the capacity to enter into a legal agreement in Texas, 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 utilise 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.
I acknowledge that my use of StudioVR 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 jeopardising the essential qualities of the activity. The risks include, among other things: seizures, loss of awareness, eye strain, dizziness, disorientation, impaired balance, impaired hand-eye coordination, nausea, light-headedness, fatigue, or any symptoms similar to motion sickness. StudioVR 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.
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 StudioVR will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
UNDER NO CIRCUMSTANCES WILL StudioVR, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH StudioVR 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 StudioVR AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST StudioVR, AND TO RELEASE StudioVR 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 ON THE PART OF StudioVR AND FURTHER INCLUDING THE FAILURE ON THE PART OF StudioVR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF StudioVR VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).WITHOUT LIMITING THE FOREGOING,
I agree to hold harmless and indemnify StudioVR from any and all liability for any property damage or personal injury to any third party resulting from my use of StudioVR virtual reality equipment. I also agree to indemnify and fully compensate StudioVR for any property damage I cause to StudioVR property, including but not limited to StudioVR virtual reality equipment, resulting from my use of StudioVR virtual reality equipment. Furthermore, should StudioVR or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold StudioVR 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/minor’s participation in any activity at StudioVR (the “StudioVR RULES I certify that I understand and have explained the StudioVR Rules to my child/minor. I understand that StudioVR Rules have been implemented for the safety of all participants at StudioVR including myself and/or my child/minor. I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child/ward from StudioVR.
Full payment of all applicable fees is required by the User in advance of use of the Services.
This Agreement serves as the complete and exclusive agreement between me and StudioVR. 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.
I further grant StudioVR 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.
Contact details for StudioVR can be found on StudioVR’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.
StudioVR offers a variety of software titles with a range of genres and ratings. StudioVR 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.
I have had sufficient opportunity to read this Agreement and have read and understood and agree to be bound it. I accept that my user experience involving the StudioVR virtual reality equipment is dependent on my own ability to follow the instructions given by StudioVR. ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT.
( - 18>) Parent or guardian signature_________________
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StudioVR Agent____________________________ Date_________________________