Terms & Conditions

 

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.

PLEASE READ CAREFULLY

TO:  Virtual Experience LLC., an Limited Liability Company, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf or in affiliation with any of the foregoing, including, but not limited to, the persons and entities listed in the attached Schedule “A” (hereinafter collectively referred to as “Virtual Experience”):

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 CTRL V virtual reality equipment with various virtual reality content and/or software (the “Services”), at Virtual Experience locations (the “Premises”).

IN CONSIDERATION OF Virtual Experience 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 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 province of Ontario.  If I do not have the capacity to enter into a legal agreement in the province of Ontario, 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 Virtual Experience 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.  Virtual Experience 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 Virtual Experience 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 Virtual Experience, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH CTRL V 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 CTRL V AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST CTRL V, AND TO RELEASE VIRTUAL EXPERIENCE 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, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF CTRL V AND FURTHER INCLUDING THE FAILURE ON THE PART OF CTRL V TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF CTRL V’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).WITHOUT LIMITING THE FOREGOING, THE LIMIT ON CTRL V’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 Virtual Experience from any and all liability for any property damage or personal injury to any third party resulting from my use of Virtual Experience virtual reality equipment. I also agree to indemnify and fully compensate Virtual Experience for any property damage I cause to Virtual Experience property, including but not limited to Virtual Experience virtual reality equipment, resulting from my use of Virtual Experience virtual reality equipment.  Furthermore, should Virtual Experience or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Virtual Experience harmless from all such fees and costs.

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

8.  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 cancelled at least forty-eight (48) hours in advance of a scheduled booking.  Users 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%.  Users 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 Virtual Experience. 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 Arbitration Act (Ontario). I further agree that the arbitration will take place solely in the Province of Ontario and that the substantive law of Ontario 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 Virtual Experience, in addition to my agreement to defend and indemnify Virtual Experience, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and shall be governed by the laws of Ontario, and (ii) to pay Virtual Experience within 60 days of initiating or filing a lawsuit against Virtual Experience liquidated damages in the amount of $5000 plus 12% interest per annum if payment is not made on time.  Virtual Experience 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.

10.                 I further grant Virtual Experience 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 Virtual Experience can be found on Virtual Experience’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 post using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from Virtual Experience to me, or two (2) business days after the date of posting.

12.                 Virtual Experience offers a variety of software titles with a range of genres and ratings. Ctrl V 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 Virtual Experience 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 Virtual Experience and to release Virtual Experience 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, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, RSA 2000 c. 0-4 on the part of Virtual Experience and also including the failure on the part of Virtual Experience to safeguard or protect me from the risks, dangers and hazards of participating in the Activities.

UNDER NO CIRCUMSTANCES WILL VIRUTAL EXPERIENCE, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH Virtual Experience 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 CTRL V AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST CTRL V, AND TO RELEASE CTRL V 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, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF Virtual Experience AND FURTHER INCLUDING THE FAILURE ON THE PART OF CTRL V TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF Virtual Experience VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).WITHOUT LIMITING THE FOREGOING, THE LIMIT ON CTRL V’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 CANADIAN DOLLARS.

I agree to hold harmless and indemnify Virtual Experience from any and all liability for any property damage or personal injury to any third party resulting from my use of Virtual Experience virtual reality equipment. I also agree to indemnify and fully compensate Virtual Experience for any property damage I cause to Virtual Experience property, including but not limited to Virtual Experience virtual reality equipment, resulting from my use of Virtual Experience virtual reality equipment. Furthermore, should Virtual Experience or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Virtual Experience 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 CTRL V Rules and have read and understood and agree to be bound by their terms.  I have also watched the CTRL V tutorial video in its entirety and accept that my User experience involving the CTRL V virtual reality equipment is dependent on my own ability to follow the instructions in the said video. 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.

 

Virtual Experience Rules:


The following rules govern your participation and/or your child/ward’s participation in any activity at Virtual Experience:

1.   All Users using the Virtual Experience virtual reality equipment for the first time are required to watch the Virtual Experience tutorial video in its entirety prior to using the equipment.

2.   We recommend consulting a physician before using the Virtual Experience virtual reality equipment if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.

3.   The Virtual Experience virtual reality equipment should not be used by children shorter than 48 inches. Adults should monitor children who are using or have used the VR equipment for any of the symptoms described below, and should limit the time children spend using the Virtual Experience virtual reality equipment and ensure they take breaks during use. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the VR equipment for any decrease in these abilities.

4.   A comfortable virtual reality experience requires an unimpaired sense of motion and balance. Do not use the Virtual Experience virtual reality equipment when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches, as this can increase your susceptibility to adverse symptoms. Operation of Virtual Experience virtual reality equipment under the influence of drugs or alcohol is strictly prohibited.

5.   Immediately cease use of the Virtual Experience virtual reality equipment if you experience any of the following symptoms: 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, fatigue, or any symptoms similar to motion sickness. Consult a physician if you have serious and/or persistent symptoms.

6.   Anyone who has had a seizure, loss of awareness, or other symptoms linked to an epileptic condition should consult a physician before using the Virtual Experience virtual reality equipment.

7.   Virtual Experience virtual reality equipment can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the Virtual Experience virtual reality equipment without first consulting your physician or the manufacturer of your medical device.

8.   Symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machinery, or engage in other visually or physically demanding activities that have potentially serious consequences (i.e., activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as playing sports or riding a bicycle, etc.) until you have fully recovered from any symptoms.

9.   Food and drink are not permitted within the virtual reality gaming stations.

10.Users may also be required to calibrate the Virtual Experience virtual reality equipment prior to beginning their session. The calibration of the Virtual Experience virtual reality equipment may take up a portion of the User’s scheduled booking at the Premises.

11.Any damage caused Virtual Experience virtual reality equipment by you and/or your child/ward shall be your sole liability and you shall indemnify and save harmless CTRL V from said damages.

12.   Virtual Experience is not responsible for any lost, stolen, or damaged personal items which occur during your time on the Virtual Experience premises.

13.Any misconduct, including but not limited to excessive yelling, swearing, misuse of equipment, intentional disruption of other patrons, will result in the immediate termination of your session at Virtual Experience by Virtual Experience staff at their sole discretion.