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 refers to the Participant. 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 this Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the State of Indiana. If I do not have the capacity to enter into a legal agreement in the State of Indiana, 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 the capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement. I agree that neither I nor my child/ward will make a claim against, sue, attach the property of or prosecute D4VR for damages for death, personal injury or property damage which I or my child/ward may sustain as a result of the use of the Services.
2. In order to use the Services, each Participant must submit completed versions of this Agreement to D4VR. Participants who have not completed this form will not be permitted to use the Services until received. Any continued use of the Services will be considered as consent and acceptance of the terms of this Agreement the Participant or their parent or legal guardian.
3. I ACKNOWLEDGE THAT MY USE OF D4VR 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 SERVICES. THE RISKS INCLUDE, AMONG OTHER THINGS: POSSIBLE MALFUNCTION OF EQUIPMENT, 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, INCLUDING SERIOUS PERSONAL INJURIES (INCLUDING DEATH), OR OTHER UNFORESEEN CONSEQUENCES, WHICH MAY BE DUE TO THE UNAVAILABILITY OF IMMEDIATE EMERGENCY MEDICAL CARE AND/OR PROPERTY DAMAGE, AS A CONSEQUENCE THEREOF. KNOWING THE RISKS OF PARTICIPATION, NEVERTHELESS, I HEREBY AGREE THAT I ASSUME THOSE RISKS AND RELEASE AND HOLD HARMLESS D4VR WHO (THROUGH NEGLIGENCE OR CARELESSNESS) MIGHT OTHERWISE BE LIABLE TO ME, MY CHILD/ WARD (OR OUR HEIRS OR ASSIGNS) FOR DAMAGES. I UNDERSTAND THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, OR DEATH.
4. I attest that I am eighteen (18) years old or older and that my child/ward is eight (8) years old or older. I further attest that I or my child/ward is physically fit and have no known medical conditions which prohibit use of the Services. I will inform D4VR if this status changes. I agree to follow all laws, rules, and guidelines regulating the conduct of the Services. D4VR does not have personal injury insurance that covers my or my child/ward's participation. Therefore, I should have a current, active, personal injury insurance policy in force, which covers myself and my child/ward's participation. Under any condition, I am responsible for any and all medical expenses arising from my or my child/ward's use of the Services.
5. UNDER NO CIRCUMSTANCES WILL D4VR, ITS REPRESENTATIVES, AFFILIATES, SPONSORS, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH D4VR 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 D4VR AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST D4VR, AND TO RELEASE D4VR 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, AND FURTHER INCLUDING THE FAILURE ON THE PART OF D4VR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF D4VR'S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS "CLAIMS").WITHOUT LIMITING THE FOREGOING, THE LIMIT ON D4VR'S (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE PARTICIPANT OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF $10.00.
6. I agree to hold harmless and indemnify D4VR from any and all liability for any property damage or personal injury to any third party resulting from my use of D4VR virtual reality equipment. I also agree to indemnify and fully compensate D4VR for any property damage I cause to D4VR property, including but not limited to D4VR virtual reality equipment, resulting from my use of D4VR virtual reality equipment. Furthermore, should D4VR or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold D4VR harmless from all such reasonable fees and costs actually incurred.
7. 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 D4VR (the "D4VR Rules"). I certify that I understand and have explained the D4VR Rules to my child/ ward. I understand that D4VR Rules have been implemented for the safety of all participants at D4VR, 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 D4VR.
8. Full payment of all applicable fees is required by the Participant in advance of use of the Services. A full refund will be issued for all reservations canceled at least forty-eight (48) hours in advance of a scheduled booking. Participants who cancel their reservation between forty-eight (48) hours and twenty-four (24) hours in advance of a scheduled booking will be entitled to a full refund less a cancellation fee of 50%. Participants who cancel their reservation less than twenty-four (24) hours in advance of a scheduled booking will forfeit all fees paid and shall not be entitled to a refund.
9. This Agreement serves as the complete and exclusive agreement between me and D4VR. 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 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 American Arbitration Association. I further agree that the arbitration will take place solely in New Albany, Indiana and that the substantive law of Indiana 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 D4VR, in addition to my agreement to defend and indemnify D4VR, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the State of Indiana and shall be governed by the laws of Indiana, and (ii) to pay D4VR within sixty (60) days of initiating or filing a lawsuit against D4VR liquidated damages (and not as a penalty) in the amount of $5,000 plus 12% interest per annum if payment is not made on time. D4VR may assign this Agreement, in whole or in part, without notice to me at any time. Your rights under this Agreement are in no way transferable, in whole or in part, without our prior written consent.
10. I further grant D4VR 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.
11. Contact details for D4VR can be found on D4VR's Website under the "Contact" heading. All notices regarding this Agreement and the Services will be provided in writing to by e-mail or by U.S. mail using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from D4VR to me, or two (2) business days after the date of deposit with the U.S. Mail.
12. D4VR offers a variety of software titles with a range of genres and ratings. D4VR 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 CAREFULLY READ THIS AGREEMENT, THE D4VR RULES AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY FOR MYSELF AND MY CHILD/ WARD AND A CONTRACT BETWEEN MYSELF, MY CHILD/WARD AND D4VR AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I HAVE SIGNED IT OF MY OWN FREE WILL. I HAVE ALSO WATCHED THE D4VR TUTORIAL VIDEO IN ITS ENTIRETY AND ACCEPT THAT MY EXPERIENCE INVOLVING THE D4VR VIRTUAL REALITY EQUIPMENT IS DEPENDENT ON MY OWN ABILITY TO FOLLOW THE INSTRUCTIONS IN THE SAID VIDEO. THIS AGREEMENT SHALL BE BINDING TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE, THE REMAINING TERMS SHALL BE ENFORCEABLE.