WAIVER AND RELEASE FORM
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement
By signing this document, you will waive certain legal rights, including the right to sue.
This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs the User’s (described below) use of the AllianceVR virtual reality equipment with various virtual reality content and/or software (the “Services”), at AllianceVR and/or Alliance Guaranty Mortgage Corp location (the “premises”).
IN CONSIDERATION OF AllianceVR allowing the User to use the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
By using AllianceVR services I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words “I” and “me” in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the state of Colorado. If I do not have the capacity to enter into a legal agreement in the state of Colorado, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.
If I do not agree to the terms of this Agreement I understand that I must promptly discontinue my access to and use of the Services. Any continued use of the Services will be considered as consent and acceptance of the terms of this Agreement the User or their parent or legal guardian.
I acknowledge that my use of AllianceVR virtual reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: 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, decreased ability to multi-task, fatigue, or any symptoms similar to motion sickness, all of which can persist and become more apparent hours after use and which may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the premises. AllianceVR and/or Alliance Guaranty Mortgage Corp seeks to create a safe environment but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that AllianceVR and/or Alliance Guaranty Mortgage Corp will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
UNDER NO CIRCUMSTANCES WILL AllianceVR and/or Alliance Guaranty Mortgage Corp, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH AllianceVR DOES BUSINESS (“BUSINESS PARTNERS”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES.I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS AllianceVR and/or Alliance Guaranty Mortgage Corp AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST AllianceVR and/or Alliance Guaranty Mortgage Corp, AND TO RELEASE AllianceVR and/or Alliance Guaranty Mortgage Corp FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE PREMISES AND MY USE OF THE SERVICES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any activity at AllianceVR. I certify that I understand and have explained the AllianceVR Rules to my child/ward. I understand that AllianceVR Rules have been implemented for the safety of all participants at AllianceVR, including myself and/or my child/ward. I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child/ward from AllianceVR.
Full payment of all applicable fees is required by the User in advance of use of the Services. If payment was made ahead of schedule in order to secure reservations, a full refund will be issued for all reservations canceled at least twenty-four (24) hours in advance of a scheduled booking, or the booking can be switched to any date (subject to availability) of the Users choosing. Users who cancel their reservation less than twenty-four (24) hours in advance of a scheduled/reserved booking will forfeit all fees paid, but shall be entitled to reschedule a new reservation.
This Agreement serves as the complete and exclusive agreement between me and AllianceVR. This Agreement supersedes and replaces any and all previous discussions, negotiations, understandings and agreements, written or oral, regarding any or all of the subject matter herein. No term of this Agreement will be deemed waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in writing, signed by the party waiving enforcement.
AllianceVR offers a variety of game titles with a range of genres and ratings. AllianceVR staff can provide helpful recommendations regarding content, but it is the sole responsibility of the parent/guardian of any patron under the age of eighteen (18) to ensure that the content selected by them is deemed appropriate.
I am aware that using AllianceVR’s virtual reality equipment, software, many risks, dangers and hazards including, but not limited to, potential injury. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death and loss resulting therefrom.
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against AllianceVR and/or Alliance Guaranty Mortgage Corp and to release AllianceVR and/or Alliance Guaranty Mortgage Corp from any and all liability for any losses, 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 the Activities and either my use of or my presence at the premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE on the part of AllianceVR and/or Alliance Guaranty Mortgage Corp and also including the failure on the part of AllianceVR and/or Alliance Guaranty Mortgage Corp to safeguard or protect me from the risks, dangers and hazards of participating in the vr activities.
I agree to hold harmless and indemnify AllianceVR and/or Alliance Guaranty Mortgage Corp from any and all liability for any property damage or personal injury to any third party resulting from my use of AllianceVR and/or Alliance Guaranty Mortgage Corp virtual reality equipment. I also agree to indemnify and fully compensate AllianceVR and/or Alliance Guaranty Mortgage Corp for any property damage I cause to AllianceVR and/or Alliance Guaranty Mortgage Corp property, including but not limited to AllianceVR virtual reality equipment, resulting from my use of AllianceVR virtual reality equipment. Furthermore, should AllianceVR and/or Alliance Guaranty Mortgage Corp or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold AllianceVR and/or Alliance Guaranty Mortgage Corp harmless from all such fees and costs. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the Event(s) of my death or incapacity. I also certify that in the event I am signing on behalf of a minor who is under the age of eighteen years, to whom this Media Release, Rules, Terms and Conditions, Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity applies and that I have the legal authority to execute this release, I approve the foregoing and agree that we shall be bound thereby.
I have had sufficient opportunity to read this Agreement and the AllianceVR Rules and have read and understood and agree to be bound by their terms. ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT. I HAVE READ AND I UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
USER PRINT NAME_____________________________
If under age, Parent/Legal Guardian signature