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  • Infinity VR Games: Waiver and Release of Liability

    VIRTUAL REALITY WAIVER AND RELEASE OF LIABILITY FORM - READ CAREFULLY

    USE OF VIRTUAL REALITY EQUIPMENT INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT BY AGREEING TO THE TERMS LAID OUT IN THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE

    I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY

    ENTIRELY AT MY OWN RISK. IN ADDITION, I ACCEPT AND AGREE TO THE TERMS BELOW:

    1 I wish to participate in the virtual reality ("VR") experience offered through Infinity VR Games, Gainesville, FL. I understand that this technology may involve certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment used, possible negative reactions to virtual reality including but not limited to feelings of nausea, dizziness, seizures, disorientation. I further acknowledge that since virtual reality is a new technology, there may be unknown and non-obvious risks associated with this technology.

    2 I acknowledge these risks and assume responsibility for my participation in the VR experience. I hereby hold harmless any employee or authorized volunteer of Infinity VR Games, or other employee involved in the facilitation of the equipment and experience (hereafter referred to as "facilitators ') and indemnify them against any or all claims, actions, suits, procedures, costs, expenses (including attorney's fees and expenses), damages and liabilities arising out of, connected with, or resulting from my VR participation, including without limitation, those resulting from the manufacture, selection, delivery, possession, use or operation of such equipment. Additionally, I release all facilitators of aforementioned responsibilities and I understand that this release shall be binding upon my estate, my heirs, my representatives and assigns. I hereby certify that I, or the minor participant for whom I am legally responsible, am/is in good health and do/does not suffer from a heart condition, contagious dermatological condition, or other ailment which could be exacerbated by participation in the VR experience, or pose a risk to other participants.

    3 I hereby release and discharge the Infinity VR Games, its officers, agents, employees and representatives from any and all liability, claims, damages, and demands of whatever kind or nature which in whole or in part result from, arise out of, or are claimed to result from or arise out of my VR participation.

    4 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 should carry my own health insurance. 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 associated with any actions of neglect or recklessness.

    5 I further certify that I am 18 years of age or older or that my parent/guardian, over the age of 18 consents to my participation in the VR experience.

    6 This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between parties of equal bargaining strength. Both the Participant/Parent/Guardian and Infinity VR Games and its parent company Lunar 11 Entertainment agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

    HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT BY MY USE OF VR TECHNOLOGY, I AM

    INDICATING MY ACCEPTANCE TO THE TERMS OF THIS AGREEMENT.

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