I (Customer/Client/Releasor/User) in favor of and for the benefit of Baz LLC, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Baz LLC”):

IN CONSIDERATION OF Baz LLC allowing the User to use the Services provided by the Releases and for other good, valuable and legal consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 

General Provisions

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 state of Tennessee. If I do not have the capacity to enter into a legal agreement in the state of Tennessee  , 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. 

Assumption of Risk

I acknowledge that my use of Baz LLC 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 multitask, 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. Baz LLC 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.

Financial Responsibility

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 Baz LLC will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.

Release of Claims/Hold Harmless

Under no circumstances will Baz LLC, its representatives, affiliates, suppliers, or other third parties with which Baz LLC 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 Baz LLC and to waive any and all claims, demands, or causes of action, that I have or may have in the future against Baz LLC, and to release Baz LLC 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 or breach of contract on the part of Baz LLC and further including the failure on the part of Baz LLC to safeguard or protect me from the risks, dangers and hazards of Baz LLC’s virtual reality equipment and various virtual reality content and/or software (hereinafter referred to as “claims”). I agree to hold harmless and indemnify Baz LLC from any and all liability for any property damage or personal injury to any third party resulting from my use of Baz LLC virtual reality equipment. I also agree to indemnify and fully compensate Baz LLC for any property damage I cause to Baz LLC property, including but not limited to Baz LLC virtual reality equipment, resulting from my use of Baz LLC virtual reality equipment. Furthermore, should Baz LLC or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Baz LLC harmless from all such fees and costs.

Further acknowledgements

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 Baz LLC (the “Baz LLC Rules”). I certify that I understand and have explained the Baz LLC Rules to my child/ward. I understand that Baz LLC Rules have been implemented for the safety of all participants at Baz LLC, 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 Baz LLC.

Modifications

This Agreement serves as the complete and exclusive agreement between me and Baz LLC. 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.

Severability/Governing Law

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 there are any disputes regarding this agreement, I on behalf of myself and/or my child/ward hereby waive any right I and/or my child/ward may have to a trial and agree that such dispute shall be brought within one (1) year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the laws of North Carolina. I further agree that the arbitration will take place solely in the state of North Carolina and that the substantive law of North Carolina shall apply. 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 Baz LLC, in addition to my agreement to defend and indemnify Baz LLC, I agree that any litigation involving the parties to this agreement shall be brought solely within the state of North Carolina and shall be governed by the laws of North Carolina. Baz LLC 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.

Miscellaneous

I further grant Baz LLC the right to photograph, videotape and/or record me and/or my child/ward and to use my or my child/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation, limitation or compensation. Contact details for Baz LLC can be found on Baz LLC’s Website All notices regarding this Agreement and the Services will be provided in writing to by email 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 Baz LLC to me, or two (2) business days after the date of posting. Baz LLC offers a variety of software titles with a range of genres and ratings. Baz LLC 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 have had sufficient opportunity to read this Agreement and the Baz LLC Rules and have read and understood and agree to be bound by their terms. ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT."