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Terms and Conditions Waiver – Kids Rule Parties Inc. dba VRcadeNJ

BY SIGNING THIS DOCUMENT I WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

TO: Kids Rule Parties Inc (KRP) dba VRcade NJ, a corporation incorporated under the laws of The United States of America, 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 “KRP”): 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 KRP’s virtual reality equipment with various virtual reality content and/or software (the “Services”), at KRP locations (the “Premises”). In this Release Agreement, the term “Virtual Reality Arcade Activities” shall include but is not limited to: utilization of a Virtual Reality headset, observation of the use of a virtual reality headset, and all activities, services and use of facilities and equipment either provided by or arranged by KRP including competitions.

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

IN CONSIDERATION OF KRP Virtual Reality Arcade 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:
I am aware that participation in Virtual Reality Arcade Activities as defined in this agreement, involves certain risks, dangers and hazards. These may include, but are not limited to: 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 in the head, discomfort in the eyes, drowsiness, decreased ability to multi-task, fatigue, symptoms similar to motion sickness 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 after leaving the Premises. Falls to the ground, impacts with other people, impacts with the wall, the ground or other structures or equipment, entanglement, other injuries resulting from participation or observation, equipment failure, the negligence of other persons or negligence on the part of KRP including the failure by KRP to safeguard or protect me from the risks, along with other dangers and hazards of Virtual Reality Arcade Activities.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH VIRTUAL REALITY ARCADE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

IN CONSIDERATION OF KRP agreeing to my participation in Virtual Reality Arcade Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. To waive any and all claims that I have or may in the future have against KRP and to release KRP from any and all liabilities of any loss, 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 Virtual Reality Arcade Activities, due to any cause whatsoever on the part of KRP, further including the failure of KRP to safeguard or protect me from the risks of participation in Virtual Reality Arcade Activities;
2. To hold harmless and indemnify KRP for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Virtual Reality Arcade Activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. Any litigation involving the parties to this Release Agreement shall be brought solely within the state of New Jersey and shall be within the exclusive jurisdiction of New Jersey.

My Name:

My E-mail:

Signature of Participant Date:

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST KRP.

Signature of Parent if participant is under 18 Date:

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THE RULES GOVERNING MY PARTICIPATION AND/OR MY CHILD/WARD’S PARTICIPATION IN ANY ACTIVITY AT KRP (the “KRP Virtual Reality Arcade Rules”). I CERTIFY THAT I UNDERSTAND AND HAVE EXPLAINED THE KRP RULES TO MY CHILD/WARD. I ACKNOWLEDGE THAT FAILURE TO FOLLOW THE RULES COULD RESULT IN THE EXPULSION OF MYSELF AND/OR MY CHILD/WARD FROM THE PREMISE.

IF I DO NOT AGREE TO THE TERMS OF THIS AGREEMENT I UNDERSTAND THAT I MUST DISCONTINUE MY ACCESS TO THE SERVICES. ANY CONTINUED USE OF THE SERVICES SHALL BE CONSIDERED AS ACCEPTANCE AND CONSENT TO THE TERMS OF THIS AGREEMENT BY THE USER OR THEIR PARENT OR LEGAL GUARDIAN.