terms and conditions

Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (“Agreement”)


Key highlights of this waiver include but are not limited to the following: Persons who suffer from any medical conditions or disabilities such as epilepsy, heart conditions or any other major medication conditions outlined should not participate.

  • You agree and accept to all risks related to virtual reality and agree to indemnify Action VR as outlined below.
  • You agree to pay for any equipment damages caused by you for failure to use appropriately.
  • You agree that you have read the entire waiver for full understanding.

By completing a booking, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!


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 Action VR virtual reality equipment with various virtual reality content and/or software (the “Services”), at Action VR locations (the “Premises”). IN CONSIDERATION OF Action VR 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:

  1. By using the 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 refer 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 United States. If I do not have the capacity to enter into a legal agreement in the United States, 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.
  2. 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.
  3. I acknowledge that my use of Action VR virtual reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, 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. Action VR employees have difficult jobs to perform. They seek 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.
  4. 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 Action VR will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
  5. UNDER NO CIRCUMSTANCES WILL ACTION VR, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH ACTION VR 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 ACTION VR AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST ACTION VR, AND TO RELEASE ACTION VR 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 ON THE PART OF ACTION VR AND FURTHER INCLUDING THE FAILURE ON THE PART OF ACTION VR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTION VR’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”), WITHOUT LIMITING THE FOREGOING, THE LIMIT ON ACTION VR’S (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF $10.00 US DOLLARS.
  6. I agree to hold harmless and indemnify Action VR from any and all liability for any property damage or personal injury to any third party resulting from my use of Action VR virtual reality equipment. I also agree to indemnify and fully compensate Action VR for any property damage I cause to Action VR property, including but not limited to Action VR virtual reality equipment, resulting from my use of Action VR virtual reality equipment. Furthermore, should Action VR or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Action VR harmless from all such fees and costs.
  7. 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.
  8. 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 Action VR (the “Action VR Rules”). I certify that I understand and have explained the Action VR Rules to my child/ward. I understand that Action VR Rules have been implemented for the safety of all participants at Action VR, including myself and/or my child/ward. I acknowledge that failure to follow the rules could result in the expulsion of me and/or my child/ward from Action VR.
  9. Full payment of all applicable fees is required by the User in advance of use of the Services. A full refund will be issued for all reservations canceled at least one (1) 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 one (1) hours in advance of a scheduled booking will forfeit all fees paid and shall not be entitled to a refund, or can have their booking moved up to 5 business days ahead.
  10. This Agreement serves as the complete and exclusive agreement between me and Action VR. 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. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit against Action VR, in addition to my agreement to defend and indemnify Action VR, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the State of New Hampshire and shall be governed by the laws of the United States, and (ii) to pay Action VR within 60 days of initiating or filing a lawsuit against Action VR liquidated damages in the amount of $5,000 plus 12% interest per annum if payment is not made on time. Action VR may assign this Agreement, in whole or in part, without notice to me at any time. Your rights under these Terms of Use are in no way transferrable, in whole or in part, without our prior written consent.
  11. Contact details for Action VR can be found on Actin VR’s Website under the “Contact US” heading. All notices regarding this Agreement and the Services will be provided in writing to by e-mail or by post using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from Action VR to me, or two (2) business days after the date of posting.
  12. Action VR offers a variety of software titles with a range of genres and ratings. Action VR 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.
  13. 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 Action VR Arcade 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 Action VR to make this request. In addition, I also knowingly give my consent for my email to be used by Action VR for communications, newsletters, and marketing promotions purposes and that it is my responsibility to unsubscribe from such promotions, should I choose to do so.
  14. I WILL NOT HOLD ACTION VR OR ITS AFFILIATES RESPONSIBLE FOR LOST OR STOLEN PERSONAL PROPERTY. I am aware that using Action VR 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 Action VR and to release Action VR 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. I have had sufficient opportunity to read this Agreement and the Action VR Rules and have read and understood and agree to be bound by their terms. I also accept that my User experience involving the Action VR virtual reality equipment is dependent on my own ability to follow the instructions. 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.

COVID-19 Safety Acknowledgment — Liability Waiver and Release of Claims

COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by Action VR, “social distancing” must be practiced and face coverings worn at all times to reduce the risks of exposure to COVID-19.  Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Action VR has put in place preventative measures to reduce the spread of COVID-19.  However, Action VR cannot guarantee that its participants, spectators and others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in Action VR events and/or other face to face activities. By attending an Action VR event or booking, you certify that you do not fall into any of the following categories:  

1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;

2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or  

3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. 

RELEASE AND WAIVER
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE AMERICAN CANCER SOCIETY AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

ASSUMPTION OF THE RISK. By completing a booking, I acknowledge and understand the following:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and

3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

MEDICAL ACKNOWLEDGMENT AND RELEASE.  I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.  I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. 

As a participant, spectator, or attendee, You recognize that your participation, involvement and/or attendance at any Action VR event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Action VR (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”).  BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

DISCLAIMER
Last updated 09/23/2020

WEBSITE DISCLAIMER
The information provided by Action VR (“we,” “us” or “our”) on actionvrgaming.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

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