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Waiver and release of liability for VR Gamerz

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!
VR Gamerz inc, a corporation incorporated under the laws of Utah, it’s 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 VR Gamerz): this assumption of risks release of liabilities, waiver of claims and indemnity agreement (the “agreement”), together with any documents referred to herein, governs the user’s (described below) use of the VR Gamerz virtual reality equipment with various virtual reality content and /or software (the “services”)at VR Gamerz locations (the “premises”). In consideration of VR Gamerz 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 estates.
  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 , 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 Utah, if I do not have the capacity to enter into a legal agreement in the state of Utah, 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.
I acknowledge that my use of VR Gamerz 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. VR Gamerz employees have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of 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 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 VR Gamerz will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
Under no circumstances will VR Gamerz, it representatives, affiliates, suppliers, or other third parties with which VR Gamerz does business (“business partners”) be liable for any indirect, incidental, special, consequential or exemplary damages arising from or related to the use of the services. 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 VR Gamerz and to waive any and all claims, demands or causes of action, that I have or may have in the future against VR Gamerz, and to release VR Gamerz 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 on the part of VR Gamerz and further including the failure on the part of VR Gamerz to safeguard or protect me from the risk, danger and hazards of VR Gamerz virtual reality equipment and various virtual reality content and/or software (hereinafter referred to as “claims”) without limiting the foregoing, the limit on VR Gamerz (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 limited to a maximum of $10.00 US dollars.
I agree to hold harmless and indemnify VR Gamerz from any and all liability for any property damage or personal injury to any third party resulting from my use of VR Gamerz virtual reality equipment. I also agree to indemnify and fully compensate VR Gamerz for any property damage I cause to VR Gamerz property, including but not limited to VR Gamerz virtual reality equipment, resulting from my use of VR Gamerz virtual reality equipment. Furthermore, should VR Gamerz or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold VR Gamerz 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 VR Gamerz (the “VR Gamerz rules”). I certify that I understand and have explained the VR Gamerz rules to my child/ward. I understand that VR Gamerz rules have been implemented for the safety of all participants at VR Gamerz, 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 VR Gamerz.
Full payment of all applicable fees in 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 reservations 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 reservations 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.
This agreement serves as the complete and exclusive agreement between me and VR Gamerz. 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 (1) year of the date of this agreement and will be determined by binding arbitration before one arbitrator to be administrated pursuant to the arbitration act. I further agree that the arbitration will take place solely in the state of Utah and that the substantive law of Utah 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 VR Gamerz, in addition to my agreement to defend and indemnify VR Gamerz, I agree: (I) that any litigation involving the parties to this agreement shall be brought solely within the state of Utah and shall be governed by the laws of Utah, and (II) to pay VR GAmerz within 60 days of initiating or filing a law suit against VR Gamerz liquidated damages in the amount of 5,000 plus 12 percent interest per annum if payment is not made on time. VR Gamerz 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 transferable, in whole or in part, without our prior written consent.
VR Gamerz offers a variety of software titles with a range of genres and ratings. VR Gamerz staff can provide helpful recommendations regarding content, but it is the sole responsibility of the parent/guardian of the 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 the VR Gamerz rules and have read and understood and agreed to be bound by their terms. I except that my user experience involving the VR Gamerz virtual reality equipment is dependent on my own ability to follow the instructions given to me by VR Gamerz employees.

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