WAIVER AND RELEASE OF LIABILITY
Welcome! We are very excited that you found us!
If this is your first time here, we need to explain a few things to you or to your parent or legal guardian if you are less than eighteen (18) years old.
Some of our virtual reality, augmented reality and other interactive games and experiences (“Activity”) are highly realistic and immersive. They can be thrilling and even frightening at times.
Our Activity is so immersive that it is easy to forget where you really are and lose track of what is real and not real.
This is part of the fun of our Activity but they may be overwhelming to some people.
You affirm that your participation and, if applicable, the participation of your dependent child(ren) (individually and collectively, the “Child”), is fully voluntary and that neither you nor the Child has any known physical, mental or health-related reasons or problems that might preclude or limit your or your Child’s participation in the Activity.
We recommend that you err on the side of caution if you and/or the Child are prone to nausea, disorientation, vertigo, seizures, or anxieties. Please let us know if there may be a problem, and we will do our best to help.
Definition: In consideration of the risk of injury while participating with ReOrbitVR. Events (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in this Activity, and do hereby release and forever discharge ReOrbitVR located at 565 Forest Shade Rd, Crestline, CA 92325, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity.
Assumption of Risk: I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM 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 ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
Health Notice/Affirmation:You are aware that some people may experience nausea, disorientation, vertigo, seizures, motion sickness, general discomfort, headaches, anxiety or other physical, mental or health-related injuries when experiencing virtual reality, augmented reality and other immersive interactive games and experiences. On behalf of yourself and the Child, you voluntarily assume all associated risks, and take full responsibility for these and any other consequences that may arise from your participation in the Activity.
Release of Liability, Waiver and Release and Indemnity Agreement: I agree to indemnify and hold harmless ReOrbitVR against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If ReOrbitVR incurs any of these types of expenses, I agree to reimburse ReOrbitVR.
I acknowledge that ReOrbitVR and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of ReOrbitVR.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, OR SERIOUS INJURY. The risks may include, but are not limited to, those caused by facilities, equipment and action of others, including but not limited to, participants, volunteers, spectators, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE REORBITVR AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST REORBITVR FOR PERSONAL INJURY.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of ReOrbitVR, its agents, and employees.
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.
Photography/Likeness Release: I understand and agree that the Child or I may be photographed, videotaped, or recorded (“Recordings”) during the Child’s or my participation in the Activity and while engaging in other activities at ReOrbitVR, and that such Recordings, including use of the Child’s or my likeness, may be used by ReOrbitVR and its affiliates in their discretion for promotional and marketing purposes without compensation to me or the Child.
1. We recommend consulting a physician before using the ReOrbitVR virtual reality equipment if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.
2. The ReOrbitVR virtual reality equipment should not be used by children younger than 5 years old. Adults should monitor children who are using or have used the VR equipment for any of the symptoms described below, and should limit the time children spend using the ReOrbitVR 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. Adults should monitor children closely during and after use of the VR equipment for any decrease in these abilities.
3. A comfortable virtual reality experience requires an unimpaired sense of motion and balance. Do not use the ReOrbitVR virtual reality equipment when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches, as this can increase your susceptibility to adverse symptoms. Operation of ReOrbitVR virtual reality equipment under the influence of drugs or alcohol is strictly prohibited.
4. Immediately cease use of the ReOrbitVR virtual reality equipment if you experience any of the following 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-headedness, discomfort or pain in the head or eyes, drowsiness, fatigue, or any symptoms similar to motion sickness. Consult a physician if you have serious and/or persistent symptoms.
5. Anyone who has had a seizure, loss of awareness, or other symptoms linked to an epileptic condition should consult a physician before using the ReOrbitVR virtual reality equipment.
6. The ReOrbitVR virtual reality equipment can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the ReOrbitVR virtual reality equipment without first consulting your physician or the manufacturer of your medical device.
7. Symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machinery, or engage in other visually or 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 you have fully recovered from any symptoms.
8. Food and drink are not permitted within the virtual reality gaming stations.
9. It may also be required to calibrate the ReOrbitVR virtual reality equipment prior to beginning their session. The calibration of the ReOrbitVR virtual reality equipment may take up a portion of the User’s scheduled booking at the Premises.
10. Any damage caused to ReOrbitVR virtual reality equipment by you and/or your child/minor shall be your sole liability and you shall indemnify ReOrbitVR from said damages.
11. ReOrbitVR is not responsible for any lost, stolen, or damaged personal items which occur during your time on the ReOrbitVR premises.
12. Any misconduct, including but not limited to excessive yelling, swearing, misuse of equipment, intentional disruption of other patrons, will result in the immediate termination of your session at ReOrbitVR by ReOrbitVR staff at their sole discretion.
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, and ReOrbitVR 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.
In the event that any provision within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written construed and enforced as so limited.
I the undersigned participant affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.