Digital Liability Waiver for Equipment powers your business.
DEFINITIONS
Immersionz: Immersionz, LLC, is a Colorado limited liability company established under the laws of the State of Colorado.
Facility: name listed as below, a Colorado company located at the address listed below.
The terms Immersionz and Facility shall include all of their respective officers, directors, employees, volunteers, agents, insurers, representatives, independent contractors, participants, benefactors, and affiliates. Regardless of the location of services, all interaction with Todd Freiberger shall be in his capacity as an agent of Immersionz.
Services: Immersionz virtual reality equipment, all related virtual reality content and/or software, and all associated products and services
User: Any User, representative of User, bystander and/or participant of the Immersionz Services
User Affiliates: User’s spouse, guests, relatives, unborn child, agents, affiliates and assigns
This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (“Agreement”) together with any documents referred to herein, governs the User’s use of the Immersionz Services. Should User access the Services on the behalf of another legal entity, User hereby warrants that User has the authority, actual or implied, to bind that entity to this Agreement. In using the Services, User represents and warrants that User has the capacity to enter into a legal agreement in the State of Colorado. If User does not have the capacity to enter into a legal agreement in the State of Colorado, User may not use the Services. USER HEREBY CERTIFIES THAT USER IS AT LEAST 18 YEARS OF AGE.
IN CONSIDERATION OF IMMERSIONZ allowing the User to use the Services, User agrees as follows on behalf of User and User’s Affiliates:
The undersigned User hereby acknowledges and agrees that using the Immersionz Services involves a risk of injury to User and others. The possible injuries range from minor injuries to major injuries, including physical or emotional injury, paralysis, and/or death. These injuries may include, but are not limited to, skin or hair problems, irritations or infections arising from sharing of equipment that has touched the skin or hair of other people, 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 after use of the Services.
If User requires medical assistance, such medical assistance will be at User’s own expense or the expense of User’s personal insurer(s). User hereby represents and affirms that User has adequate insurance to provide coverage for such medical expenses. User understand and agrees that Immersionz will not pay for any cost or expenses incurred by User if User is injured in any way.
User understands that participation may involve strenuous and prolonged physical activity. User agrees that he or she is healthy and able to participate in the activities. User understand that Immersionz and Facility may, but are not required to, request health information. If it is determined that User has a physical or mental condition that may affect User’s ability to safely and appropriately participate in the activities, User may not be allowed to participate in the activities. User understands and agrees that these precautions may be taken in the interest of User’s best interest and safety, but that Immersionz and Facility generally leave the decision to participate to the individual who should know his, her or their, individual physical and medical condition. User agrees that if, at any time during User’s use of Immersionz Services, User is too far out or too close to the designated play area which is determined by Immersionz, an Immersionz agent may help position User in the center of, or remove User from, the play area by any means deemed necessary.
By reviewing and signing this Agreement, User understands and voluntarily accepts the possible risks and agrees that Immersionz and Facility shall not be liable for any injury, including personal, bodily, or mental injury, economic loss, and/or damage sustained by User, or User’s Affiliates from any actions or omissions, or ordinary negligence, of Immersionz, or anyone acting on behalf of Immersionz or Facility, or anyone using the Services, whether related to the activities and technologies or otherwise.
User hereby agrees to indemnify, defend, release, agrees not to sue or make demand, and hold Immersionz and Facility harmless from any liability, damages, defense costs, attorney’s fees, and any other costs incurred in connection with any claims, including but not limited to, bodily injury, wrongful death, wrongful acts, medical expenses, economic loss, property damage and/or negligence, arising directly or indirectly, from Immersionz’ and/or Facility’s acts or omissions that are or could be brought by User or User’s Affiliates. Furthermore, User understands that Immersionz and Facility are providing a recreational service and shall not be held liable for defective products and/or equipment, or in the case of group activities, the conditions of the Facility, obstacles and/or other individuals involved. User hereby agrees to indemnify Immersionz and Facility for any claim, action, or demand brought against Immersionz and/or Facility, as a result of any injury sustained by User or User’s Affiliates, or caused by User or User’s affiliates, based on User’s use, viewing or close proximity to the Services and/or any group activities.
User also agrees to indemnify and fully compensate Immersionz for any property damage User causes to Immersionz property, including but not limited to, Immersionz virtual reality equipment, resulting from User’s use of Immersionz virtual reality equipment and related products. Furthermore, should Immersionz or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, User agrees to indemnify and hold Immersionz harmless from all such fees and costs.
If, despite the representations made in this Agreement, User or anyone on behalf of User or otherwise initiate a lawsuit against Immersionz, in addition to User’s agreement to defend and indemnify Immersionz, User agrees: (i) that any litigation involving the parties to this Agreement shall be brought solely within the State of Colorado and shall be governed by the laws of Colorado, and (ii) to pay Immersionz within 60 days of initiating or filing a lawsuit against Immersionz liquidated damages in the amount of $5,000 plus 12% interest per annum if payment is not made on time. Immersionz may assign this Agreement, in whole or in part, without notice to me at any time. User’s rights under these Terms of Use are in no way assignable or transferrable, in whole or in part, without Immersionz’ prior written consent.
User agrees to abide by and uphold the rules and regulations of Immersionz and Facility. User understands that objectionable conduct or behavior, including, but not exclusively limited to, profane or abusive language, physical or verbal intimidation, or fighting, towards/with other participants, spectators, or Immersionz or Facility personnel will not be tolerated and can lead to immediate removal of User from the activity, removal of the User from the Facility, and/or exclusion of the User from any and all future activities.
If any part of this Assumption of Risks, Release of Liability, Waiver of Claims, and Indemnity Agreement is held to be invalid or unenforceable, it shall be reduced in scope, to the minimum extent necessary, to comply with the law, while keeping the purpose and intent of the agreement in place. Facsimile signatures and copies shall be effective as originals.
This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, which might indicate the applicability of any other state's laws, and Arapahoe County, Colorado shall have the sole jurisdiction of any and all controversies or claims arising out of or relating to this Agreement, or the breach thereof, or the interpretation thereof. User may be served anywhere in the United States where he she or they may be found. This Agreement serves as the complete and exclusive agreement between me and Immersionz. 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.
User hereby acknowledges that User has read an understood the Assumption of Risks, Release of Liability, Waiver of Claims, and Indemnity Agreement, and by signing below, User is hereby releasing Immersionz, Facility, and all their officers, directors, employees, volunteers, agents, insurers, representatives, independent contractors, benefactors, and affiliates, including without limitation, any other participating organizations, sponsors, and vendors, from all liability, past, present and future, related in any way to User’s participation, viewing or close proximity to the Services.
User further agrees that all photographs, video recordings, audio recordings, and other forms of media taken are the exclusive property of Immersionz, and can be used by Immersionz and/or Facility as they see fit, including, but not limited to, use on public platforms for the purposes of advertisement, marketing, distribution in brochures, flyers, DVD’s, guides, social media and CORE and Facility websites, and other educational and marketing productions. User waives all rights to compensation and any right to inspect or approve the finished product or image, regardless of format. User releases Immersionz and Facility from responsibility for any harm or invasion of privacy that may occur or be produced by taking photographs or videos of User or User’s affiliates.
Full payment of all applicable fees is required by the User in advance of use of the Services. The User may decide within the first 30 seconds that he or she does not wish to continue use of the Services, at which point he or she is entitled to ask for a full refund. After the initial 30 seconds of use of the Services, the User is no longer entitled to a refund, though one may be provided at the discretion of Immersionz.
Contact details for Immersionz can be found on Immersionz’ Website under the “Contact” heading. Immersionz offers a variety of software titles with a range of genres and ratings. Immersionz will provide helpful recommendations regarding content, but it is the sole responsibility of the User to ensure that the content selected by them is deemed appropriate. User also agrees to abide by the terms and use of any commercial license agreement for using any and all games, products and Services provided by Immersionz.
UNDER NO CIRCUMSTANCES WILL IMMERSIONZ OR FACILITY, 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. USER HEREBY VOLUNTARILY RELEASES, FOREVER DISCHARGESS TO INDEMNIFY AND HOLD HARMLESS IMMERSIONZ AND FACILITY THAT USER HAS OR MAY HAVE IN THE FUTURE AGAINST IMMERSIONZ OR FACILITY, AND TO RELEASE IMMERSIONZ FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT USER MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF USER’S USE OF THE PRODUCTS OR FACILITY DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF IMMERSIONZ AND FURTHER INCLUDING THE FAILURE ON THE PART OF IMMERSIONZ TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF IMMERSIONZ’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE.WITHOUT LIMITING THE FOREGOING, THE LIMIT ON IMMERSIONZ’ (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE POSSIBLY RESPONSIBLE AND LIMITED TO A MAXIMUM OF THE COST OF THE VIRTUAL REALITY HARDWARE IF DAMAGES ARE MALICIOUS.
User agrees that User’s participation is purely voluntary and User elects to participate with full understanding of the associated risks. User has had sufficient opportunity to read the Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement and Immersionz’ rules, and by signing below User acknowledges that User understands and agrees to be bound by all the terms of those documents.
