RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT AND AGREEMENT TO COMPLY WITH THE RULES (hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
In this Release Agreement, the term “VR Arcade Activities” shall include but is not limited to: utilizing a Virtual Reality (VR) headset, observing the use of a VR headset, and all activities, services and use of facilities and equipment either provided by or arranged by the Releasees including orientation and instructional sessions or competitions. The term “Releasees” refers to Lancaster Virtual Reality Lounge, which is owned and operated by Eric D Kazda.
COVID DISCLOSURE AND ASSUMPTION OF RISKS
I am aware that participation in VR Arcade Activities as defined in this agreement, involves certain risks, dangers and hazards. These may include, but are not limited to: falls to the ground, impacts with other people, impacts with the wall, the ground or other structures and equipment, entanglement, other injuries resulting from participating or observing, equipment failure, the negligence of other persons; and negligence on the part of the Releasees, including the failure by the Releasees to safeguard or protect me from the risks, dangers and hazards of VR arcade activities.
I am also aware that other individuals have used this VR equipment and while the Releasees have made a best-faith effort to sanitize this VR equipment and space, I accept all necessary risk related to the contraction and contamination of COVID or any other dangerous or harmful pathogen, and will further hold the Releasees harmless from such issues.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH VR ARCADE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in VR Arcade Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in VR Arcade Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN VR ARCADE ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in VR Arcade Activities;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Pennsylvania and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Pennsylvania and shall be within the exclusive jurisdiction of the Courts of Lancaster Pennsylvania.In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in VR Arcade Activities, other than what is set forth in this Release Agreement.
- Upon entering this area, I knowingly give my consent for photograph(s) and/or video(s) taken of me during the course of my presence to be used for publicity purposes: on the Lancaster Virtual Reality Lounge’s website, in brochures and flyers, social media outlets, news releases, and in presentations to future prospective program participants. I understand that I will receive no compensation for such uses. I retain the right to have any photograph(s) and/or video(s) discontinued from use in any or all of the above venues upon request, and if, at any time, I wish my photograph(s) and/or video(s) to be discontinued from any of the above, it is my responsibility to contact the Lancaster Virtual Reality Lounge to make this request.