ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AGREEMENT
READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS
In consideration of the Releasees providing the Participant access to and the use of Virtual Reality Gaming, the Participant agrees as follows:
The following definitions shall apply to this Agreement:
“Tokens Tickets” means a prepaid tickets issued by the Releasees that is used to pay for individual games in Virtual Reality Gaming;
“Releasees” means Northern Sky Films Inc. or its employees, consultants, volunteers, directors, officers, affiliates, subsidiaries, related entities, personal or other representatives, contractors, sub-contractors, agents, heirs, successors, or assigns;
“Participant”, sometimes referred to as “I” herein, means the person who is participating in Virtual Reality Gaming; and
“Virtual Reality Gaming” means any facilities, equipment, devices, software, content, or other physical or digital means through which virtual reality gaming is provided by the Releasees.
ASSUMPTION OF RISK AND ACKNOWLEDGMENT
I understand and acknowledge that my use of and participation in Virtual Reality Gaming is done at my own risk. I hereby knowingly and voluntarily assume all responsibility for any and all risks related to, arising from, or in connection with Virtual Reality Gaming.
I fully acknowledge and am aware of the risks involved in Virtual Reality Gaming. These risks include, but are not limited to, motion sickness, loss of awareness, disorientation, nausea, vomiting, dizziness, blurred vision or other vision impairments, fatigue, headaches, impaired balance and/or coordination, seizures, and slipping and falling. These risks also include physical and emotional injury, disability, death; and damage to both my own, third parties’, and the Releasees’ property.
I acknowledge that the effects of Virtual Reality Gaming may persist beyond my participation in it. I acknowledge that the Releasees recommend that anyone participating in Virtual Reality Gaming observe a period of rest before engaging in any other activity, especially operating a motor vehicle.
I acknowledge that the Releasees are providing Virtual Reality Gaming “as is” without warranties of any kind, including any warranties as to uninterrupted or problem-free service.
WAIVER AND RELEASE
I hereby waive any and all rights that I may have against the Releasees in connection with my participation in Virtual Reality Gaming and I hereby release the Releasees from any and all claims, liabilities, demands, costs, losses; and damages of any nature, including, but not limited to, temporary or permanent personal injury, loss of life, loss of enjoyment of life, loss of current or future income and/or opportunity, and any other damages or losses whatsoever in connection with my participation in Virtual Reality Gaming. For greater certainty, this includes any of the foregoing when such results from the conduct, actions, or behavior of other persons participating in Virtual Reality Gaming or present in the vicinity of Virtual Reality Gaming.
I will defend, indemnify and save harmless the Releasees from all claims, demands, costs, losses, damages, and liabilities resulting from, arising out of, or in connection with my participation in Virtual Reality Gaming.
I acknowledge that it is my responsibility to notify the Releasees in the event of any malfunction or other technical issue related to Virtual Reality Gaming. I accept that the Releasees may take any corrective measures they feel is appropriate and that such corrective measures are full and final.
I acknowledge that full payment is required before the Releasees will issue a Tokens Tickets. No refunds of money will be provided.
I acknowledge that I will be responsible for any damages to Virtual Reality Gaming equipment, facilities, or any other aspect thereof that I cause and that I will have to reimburse the Releasees for any such damages.
I acknowledge that I have been provided with, read, and understand the rules for participating in Virtual Reality Gaming. I acknowledge that these rules have been implemented by the Releasees to help provide a safe and enjoyable experience and environment for everyone participating in Virtual Reality Gaming.
I acknowledge that the Releasees reserve the rights to refuse service to anyone for any reason and to remove anyone who is not following the rules or is otherwise creating an unpleasant or unsafe environment for Virtual Reality Gaming.
I acknowledge that certain content may not be appropriate for all ages or audiences, and I acknowledge that it is my responsibility to ensure that appropriate content has been selected. I further acknowledge that the Virtual Reality Gaming environment may expose me to content that I do not find suitable and that this is beyond the control of the Releasees.
I acknowledge and understand that this Agreement applies to any session or instance of my participation in Virtual Reality Gaming, both now and at any time in the future.
This Agreement and all provisions herein are binding upon the Participant and the Releasees and all of their employees, consultants, volunteers, directors, officers, affiliates, subsidiaries, related entities, personal or other representatives, contractors, sub-contractors, agents, heirs, successors, or assigns.
In the event that any provision or part of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions and parts of this contract shall remain in full force and effect.
This Agreement is governed by and subject to the laws of and applicable in the Northwest Territories.
SIGNATURE & REGISTRATION ONLINE
If the person signing this Agreement or registering online is a parent/guardian of a minor person, they acknowledge that they are agreeing to these terms on behalf of the minor child for whom they are signing and on their own behalf.