VREW WaiverREX BARON: Truly an Experience to Live For
REX BARON VR LOUNGE
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT
WARNING: READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE REX BARON AND OTHER RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. YOU HAVE THE RIGHT TO SEEK LEGAL COUNSEL IN CONNECTION WITH SIGNING THIS AGREEMENT.
In consideration of MRI, LLC d/b/a Rex Baron and any and all of its parents, subsidiaries, assigns, directors, managers, employees, vendors, partners, third-party contractors, and any other affiliates including without limitation MR II, LLC, Urban Plans, LLC, and Rex Gryphon (collectively the “Released Parties”) allowing me to participate in any and all recreational activities or events in which the Released Parties are in any way involved including without limitation offering participation in virtual reality activities (the “Activities”), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby make the following contractual representations and agreements pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):
- I understand that the use of virtual reality may be considered dangerous or inherently dangerous, both by virtue of the equipment itself and particularly from my individual usage. By signing this form, I am confirming my understanding that I have assumed all risks and liabilities associated with the participation in virtual reality activities including without limitation the use of any and all virtual reality equipment provided by Rex Baron. I am participating in virtual reality activities and using virtual reality equipment AT MY OWN RISK and ASSUMING ANY AND ALL LIABILITIES IN CONNECTION WITH SAME.
- I understand that all users of the virtual reality equipment must adhere to the VR technician’s guidelines and instructions AT ALL TIMES. If I or someone in my care do not follow the guidelines and instructions, I understand that we are also doing so AT MY/OUR OWN RISK and ASSUMING ANY AND ALL LIABILITIES IN CONNECTION WITH SAME.
- I hereby represent that (a) I am in good health and in proper physical condition to participate in the Activities; and (b) I am not under the influence of any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities. I agree that it is my/my caretaker’s sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities. I represent that I am not pregnant, elderly, nor do I have pre-existing binocular vision abnormalities or psychiatric disorders or suffer from a heart condition or any other medical condition.
- I understand and acknowledge the physical and mental rigors associated with the Activities are dangerous and/or inherently dangerous and represent a test of a person’s physical, mental, and other limits and condition. I understand that participation in the Activities involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to certain conditions and circumstances which may cause injury or damage; accidents, contact or collision with other participants, spectators, or natural or manmade objects; imperfect conditions existing on the property where the Activities take place; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the organizers of the Activities; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions or negligence, the actions or inactions or negligence of others participating in the Activities, or the actions or inactions or negligence of the Released Parties. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the Activities.
- I agree to be familiar with and to abide by all rules and regulations established for the Activities. I also accept sole responsibility for my own conduct and actions while participating in these Activities and the condition and adequacy of any equipment that I might own and supply, or which may be supplied to me, in conjunction with those Activities.
- I understand that Rex Baron uses Xtal, Oculus Go and Valve Index as part of the virtual reality equipment; I represent that I have read and understood the IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT I AM REQUIRED READ BEFORE USING THE VIRTUAL REALITY EQUIPMENT, WHICH ARE AVAILABLE AT THE REX BARON VR LOUNGE AND CHAMBER.
- I hereby release, waiver, and covenant not to sue, and further agree to indemnify, defend and hold harmless the Released Parties, together with the organizers, promoters, sponsors, advertisers, hosts, venue and property owners upon which the Activities take place, and each of their respective parent(s), subsidiary(ies) and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, managers, independent contractoRs, and volunteers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including without limitation court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in or my or the Released Parties involvement in or offer of the Activities, including claims for Liability caused in whole or in part by my own negligence and/or the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, make a claim for Liability against any of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim.
- I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONDITION OF THE EQUIPMENT AND/OR ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE RELEASED PARTIES.
- 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 incurred.
- I understand that virtual reality equipment should be used by children under the age of 13. Adults should monitor children who are using or have used the virtual reality equipment for any of the symptoms described below and should limit the time children spend using the virtual reality equipment and ensure they take breaks during use. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability. I understand that adult should monitor children closely during and after use of the virtual reality equipment for any decrease in these abilities.
- I understand that a comfortable virtual reality experience virtual reality experience requires an unimpaired sense of motion and balance. I will not use the virtual reality equipment if I am tired, under the influence of drugs, hungover, have digestive problems, suffering emotional stress, or anxiety, or suffering from cold, flu, headaches, migraines, or earaches, as this can increase my susceptibility to adverse symptoms. I understand that the operation of virtual reality equipment under the influence of drugs is strictly prohibited.
- I agree to immediately cease use of the virtual reality equipment if I experience any of the following or any other symptoms: 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-heartedness, discomfort or pain in the head or eyes, drowsiness, fatigue, or any symptoms similar to motion sickness. I agree to immediately consult a physician if I have serious and/or persistent symptoms, as doing so will enable a physician to properly manage my care and mitigate any further injury. I understand that anyone who has had a seizure, loss of awareness, or other symptoms linked to an epileptic condition should consult a physician before using virtual reality equipment.
- I understand that the virtual reality equipment can emit radio waves that can affect the operation of nearby electronic, including cardiac pacemakers. I represent and warrant that I do not have a pacemaker or other implanted medical device. I understand that symptoms of virtual reality exposure can persist and become more apparent hours after use. The post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. I understand that symptoms may put me at an increased risk of injury when engaging in normal activities in the real world. I represent and warrant that I will not drive, operate machinery, or engage in other visually physically demanding activities that have potentially serious consequences (i.e., activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as playing sports or riding a bicycle, etc.) until I have fully recovered from any symptoms.
- I understand that food is not permitted within the virtual reality chambers or any other areas where the Activities take place.
- I understand and agree that any damage caused to virtual reality equipment by me and/or my child/ward shall be my sole liability and I will indemnify and save harmless the Released Parties from said damages.
- The Released Parties are not responsible for any lost, stolen, or damaged personal items which over during my time on the Released Parties’ premises. I understand that all personal items must be stored in cabinet assigned by me upon entry.
- I understand any misconduct, including but not limited to extremely disruptive yelling, swearing, misuse of equipment, or intentional disruption of other patrons, will result in the immediate termination of my virtual reality.
- 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 am required by law to carry my own health insurance and represent that I have my own health insurance.
In the event that any provision within this Release of Liability shall be deemed invalid, unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect.
In the event of an emergency, please contact the following person.
I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representation, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.