EXPRESS ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY,
AND INDEMNITY AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING - BY AGREEING TO THE TERMS IN THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration of being permitted to participate in the virtual reality (“VR”) experience, services, activities, the use of equipment, and any other related activities, provided, operated, or hosted by VR WONDERS, LLC, dba VR Adventures (hereinafter collectively the “WONDERS’ Activities”) located at the Linq Promenade, and/or in consideration of being permitted to enter into or upon the premises, locations, and facilities where the WONDERS’ Activities are or will be taking place, I, on behalf of myself, and on behalf of minor child(ren)/ward(s), and on behalf of my heirs, estate, next of kin, personal representatives or assigns (hereinafter collectively “I/Minor” or the “Undersigned”) agree to and represent the following:
Waiver and Release. I/Minor RELEASE, WAIVE and DISCHARGE VR WONDERS, LLC, dba VR Adventures its members, managers, directors, officers, employees, agents, owners, principals, volunteers, participants, customers, invitees, independent contractors, insurers, attorneys, facility operators, land and/or premises owners, suppliers, designers, installers, manufacturers of any equipment, software, hardware, material, or such other material and equipment in WONDERS’ facility, and any and all other persons and entities acting in any capacity on VR WONDERS, LLC’s behalf (hereinafter collectively the “Releasees”) from any and all liability to the Undersigned, and any and all claims, in law and equity, on account of, arising out, or in connection with any and all injuries, losses or damages, and any claims or demands for any injuries, accidents, illness, losses or damages, to the person or property of the Undersigned, or resulting in the death of the Undersigned, whether or not caused by the active negligence or fault, passive negligence or fault, sole negligence or fault, or other acts or omissions, of the Releasees, while the Undersigned is participating in any way in any of the WONDERS’ Activities, or while the Undersigned is on the property, using the property, facilities, services and equipment thereon;
Covenant Not to Sue. I/Minor AGREE NOT TO SUE the Releasees, on account of, arising out of or in connection with any and all injuries, losses or damages to the person or property of the Undersigned, or resulting in death of the Undersigned, whether or not caused by the active negligence or fault, passive negligence or fault, sole negligence or fault, or other acts or omissions, of the Releasees, while the Undersigned is participating in any way in any of the WONDERS’ Activities, or while the Undersigned is on the property, using the property, facilities, services and equipment thereon;
Indemnity and Hold Harmless. I/Minor AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Releasees from and against any and all losses, liabilities, claims, suits, actions, obligations, costs, damages, settlements, and/or expenses (including attorney’s fees and expenses) whatsoever paid, incurred and/or suffered by the Releasees as a result of, or arising out of, connected with, or resulting from the Undersigned’s participation in any way in any of the WONDERS’ Activities, or in connection with the presence of the Undersigned on the property or the facilities and services thereon, or as a result of any claims asserted by myself and/or child(ren)/ward(s) against the Releasees, whether caused by the negligence of Releasees or other acts or omissions. I/We further agree to indemnify and hold harmless the Releasees for any injury, damage and/or harm myself and/or minor child(ren)/ward(s) cause to the Releasees, its equipment, or its facility and/or to any and all other persons and entities acting in any capacity on behalf of the Releasees.
Express Assumption of Risk. I/Minor ASSUME ANY AND ALL RISKS of injury, death, loss or damage to the person or property of the Undersigned, whether or not caused by the active negligence or fault, passive negligence or fault, sole negligence or fault, or other acts or omissions, of the Releasees, while the Undersigned is participating in any way in any of the WONDERS’ Activities, or while the Undersigned is on the property, using the property, facilities, services and equipment thereon.
I/Minor acknowledge the risks associated with, and assume responsibility and risks for the Undersigned’s participation in the WONDERS’ Activities. Those risks include, but are not limited to, the risk of: injury or death, including the risk of injury or death resulting from possible malfunction of the equipment used, permanent disability, paralysis, emotional or financial loss, possible negative reactions to VR, including but not limited to, feelings of nausea, dizziness, light-headedness, seizures, disorientation, loss of awareness, eye strain, eye or muscle twitching, involuntary movement, altered or blurred or double vision or other visual abnormalities, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, discomfort or pain in the head or eyes, drowsiness, decreased ability to multi-task, fatigue, motion sickness, all of which can persist or become more apparent hours after use, and which may lead to an increased risk of injury when engaging in normal every day activities after leaving the WONDERS’ Activities. Further, potential risks include contracting the Corona virus or allergic reactions. I/Minor further acknowledge that since virtual reality is a new technology, there may be unknown and non-obvious risks associated with this technology.
Voluntary Participation and Informed Consent. I/Minor ACKNOWLEDGE THAT THERE ARE INHERENT DANGERS related to the WONDERS’ Activities. The Undersigned acknowledges that he or she has been informed that his or her and the minor child’s/ward’s PERSONAL SAFETY CANNOT BE GUARANTEED. I/Minor represent that: (i) I/we are in good health and in proper physical condition; (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to understand instructions or safely participate in activities; and (iii) I/we have not been advised against activities by a health professional; (iv) I/We do not have any contagious dermatological condition, or other ailment which could be exacerbated by participation in the WONDERS’ Activities, or pose a risk to other participants. I/Minor agree that it is the Undersigned’s sole responsibility to determine whether I and the minor child/ward are sufficiently fit and healthy enough to participate in activities.
I/Minor agree to be familiar with and to abide by the rules established by VR WONDERS, LLC dba VR Adventures, which include without limitation the rules posted in the facility and/or the website and/or instructed by a VR WONDERS, LLC’s employee. I/Minor accept sole responsibility for my own conduct and actions, as well as the conduct of minor child(ren)/ward(s) while participating in the activities, and the condition and adequacy of the equipment.
Further, I/Minor will follow all policies directed by the State of Nevada’s authorities and enforced by VR WONDERS, LLC’s employees, which are to minimize any contraction and spread of the Corona virus.
Photo and Video Release. By participating in the WONDERS’ Activities, I/Minor hereby grant VR WONDERS, LLC, dba VR Adventures on behalf of myself and on behalf of child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me and my child(ren)/ward(s) in connection with WONDERS’s Activities, and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I/Minor waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
Severability. I/Minor expressly agree that the foregoing Agreement is intended to be as broad and inclusive as permitted by the law in the State of Nevada, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Venue and Choice of Law. In the event a lawsuit is filed against the Releasees, I/Minor agree to the sole and exclusive venue of Clark County, Nevada. I/Minor further agree that the substantive law of Nevada shall apply without regard to any conflict of law rules.
Attorneys’ Fees. I/Minor promise to indemnify the Releasees for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of the Releasees, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
Terms of Agreement. I/Minor understand that this agreement extends forever into the future and will have full force and legal effect each and every time the Undersigned participate in WONDERS’ Activities, or is on the property, using the property, facilities, services and equipment thereon, whether at the current location or any other location or facility.
By signing this Agreement, I/Minor understand that I/Minor may be found by a court of law to have forever waived my and/or child(ren)/ward(s) right to maintain any action against the Releasees, and that I/Minor have assumed all risk of damage, loss, personal injury, or death to myself and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless the Releasees from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by the Releasees as a result of the participation in WONDERS’ Activities in or about the facility by myself and/or child(ren)/ward(s) and/or claims asserted by myself and/or my children/ward(s) against the Releasees related to such participation in WONDERS’ Activities. I/Minor have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. The Undersigned is of sound mind and knowingly and voluntarily agrees to be bound by all terms and conditions set forth herein. Additionally, I/Minor understand that this release shall be binding upon my estate, my heirs, next of kin, my representatives and assigns.
I/Minor further agree that no oral representations, statements, or inducement apart from the foregoing written Agreement have been made. I/Minor intend by the Undersigned’s signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
I warrant that I am the parent or legal guardian of the minor child, and I represent and warrant that I have the full, complete and unrestricted legal right, power and authority to sign this Agreement on behalf of the minor child. I sign this Agreement on my own behalf and on behalf of my minor child, and it shall be binding as to my child, whether signed by one or more parents or guardians.