VR VIBE: RISK ACKNOWLEDGEMENT, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
This Risk Acknowledgement, Release of Liability, and Indemnity Agreement (the "Agreement") governs the use of VR Vibe’s virtual reality equipment and content (the "Services") at the VR Vibe location (the "Premises"):
- 2304 Lakeshore Rd W, Oakville, ON L6L 1H3
By signing this form, I acknowledge and agree to the terms below, as they apply to my use of VR Vibe's Services.
1. Acknowledgement of RisksI understand that participating in virtual reality experiences using VR Vibe equipment involves known and unknown risks. These risks may include physical or emotional injury, paralysis, death, or damage to property, whether it be mine or someone else's. The risks I may face include:
- Seizures, dizziness, nausea, vision issues (blurry or double vision), eye strain, headaches, and motion sickness-like symptoms.
- Other potential physical symptoms such as muscle twitching, loss of balance, disorientation, and fatigue.
These risks cannot be fully eliminated, but they are inherent to the activity, and I accept them as part of my voluntary participation.
2. Medical Expenses and InsuranceIf I or my child/ward sustain an injury while using VR Vibe equipment, I acknowledge that medical assistance may be necessary, which will be my responsibility to pay or covered by my personal insurance. VR Vibe is not liable for any medical costs arising from injuries.
3. Release of Liability and IndemnificationI agree to release and hold VR Vibe, its employees, agents, and affiliates harmless from any liability, claims, or damages resulting from my or my child/ward's use of VR Vibe equipment. I also agree to indemnify VR Vibe for any damage I may cause to its equipment during my use.
If VR Vibe incurs legal fees to enforce this Agreement, I will be responsible for those costs.
4. Compliance with RulesI confirm that I have reviewed and understand the VR Vibe Rules, and that I will comply with them during my participation. I have also made sure that my child/ward understands these rules if applicable. I understand that failure to comply may result in my (or my child/ward's) expulsion from VR Vibe's premises.
5. Governing Law and Dispute ResolutionThis Agreement represents the entire understanding between me and VR Vibe. Any disputes will be resolved through binding arbitration in Ontario, Canada, under the Arbitration Act, with Ontario law applying. I agree to waive any right to a trial.
If any part of this Agreement is found to be unenforceable, the remaining terms will remain valid.
6. Liability for Equipment DamageI acknowledge that I am financially responsible for any VR Vibe equipment I use. If I or my child/ward damage any equipment, I agree to cover the cost of repair or replacement. The following charges apply:
- Controller: $150
- Headset: $1000
- Computer: $2,500
- VR Backpack: $1000
- Oculus: $500
I agree to pay the full amount within 3 months. Payment arrangements can be made with VR Vibe.
7. Content SelectionVR Vibe offers a variety of virtual reality experiences, some of which may have different ratings. It is my responsibility as a parent/guardian to ensure that any content selected for a minor is suitable.
8. Communication and NoticesI acknowledge that any notices related to this Agreement will be communicated to me through email or the address I provide upon registration. For any questions, I may contact VR Vibe at the contact details listed on VR Vibe's website: www.vr-vibe.com.
9. Liquidated Damages for Legal ActionIf I or anyone acting on my behalf initiates a lawsuit against VR Vibe, I agree to pay liquidated damages of $5000, plus 12% annual interest, if the lawsuit is not resolved within 60 days.
ACKNOWLEDGEMENT AND SIGNATUREI hereby confirm that I have read, understood, and voluntarily agreed to the terms outlined in this Agreement. I accept all risks associated with participating in VR Vibe's activities, and I understand that by signing this document, I waive my right to hold VR Vibe responsible for any injuries or damages that may occur.