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Zero Latency VR Brea

Waiver and Liability Release

I certify that I am at least 18 years of age. If signing on behalf of a minor, I certify that I am a parent or legal guardian of the minor and can sign legal documents on his or her behalf. I ACKNOWLEDGE THAT THIS AGREEMENT IS IRREVOCABLE AND BINDING ON ME, my parent(s) or legal guardian(s), my child(ren), family members, estate, heirs, assigns, personal representatives, next of kin, and spouse. I agree to the terms set forth in this Agreement.

As a parent or legal guardian of my child, I fully consent to my child participating in the Virtual Reality Experience (“VR Experience). I fully understand and acknowledge that this Agreement is binding upon me and the minor I represent and is intended to release 910BirchVRGaming LLC (Zero Latency VR Brea) and its respective and collective agents, owners, managers, members, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (“ZL VR Brea”) from any liability arising from my or my child’s participating in the VR Experience.

I hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue ZL VR Brea from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or my child participating in VR Experience and using ZL VR Brea premises, equipment, services, programs and activities, including without limitation any claim for negligence, arising from property damage or loss, personal or bodily injury, emotional injury, illness, or death to the maximum extent allowed by law. I hereby expressly waive all rights under Section 1542 of the California Civil Code and any similar law of any other state or territory of the United States of America. That section reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

I hereby agree and consent to the following:

Participation in the VR Experience and other activities in which you or your child or dependent minor will engage during such participation are potentially dangerous and involve serious risks, including, but not limited to, illness, nausea, motion sickness, serious injury, death and/or property damage;

  1. You and your child or dependent minor will strictly adhere to all safety guidelines;
  2. VR is a new technology and you and your child or dependent minor voluntarily assume all risks, known or unknown, associated with the use of VR technology;
  3. VR Experience may not be suitable for pregnant women, people with certain medical conditions, children younger than 13 years old. Please consult your or your child’s doctor prior to using VR Experience.
  4. It is the responsibility of the customers with sensitive skin or skin allergies to understand the risks involved in wearing the VR headsets, controllers and any gear. ZL VR Brea will not be held responsible against such incidents.
  5. You assume full responsibility (financial or otherwise) for any and all risks arising out of or in any way relating to your or your child’s participation in the VR Experience (including property damage or loss), whether foreseeable or unforeseeable and whether caused by the negligence of ZL VR Brea or any of its owners, members, employees, volunteers, affiliates, partners, representatives, agents, contractors, or landlords, whether or not such risks are specifically identified or referenced in this Release.
  6. You represent that you and your child or dependent minor are fully capable, physically, medically, and mentally, to participate in VR Experience.
  7. Acknowledge that Participants will not smoke nor vape during the Experience. Participants understand that using cigarettes and/or e-cigarettes during the Experience is strictly prohibited.
  8. Acknowledge that Participants are not under the influence of drugs or intoxicated from alcohol. Drugs and/or intoxication from alcohol would impair Participant’s ability to maintain Participant’s safety awareness and/or endanger others. Participants understand that participating in the Experience while under the influence of drugs and/or intoxicated from alcohol is strictly prohibited.
  9. You acknowledge that you and your child or dependent minor may be photographed while on ZL VR Brea premises and give to ZL VR Brea the right and permission to use such photographs for promotional purposes in any and all media.
  10. You agree to indemnify and hold harmless ZL VR Brea from and against any and all losses, liabilities, claims, obligations, costs, damages, and expenses whatsoever paid, incurred, or suffered by ZL VR Brea, including, but not limited to, any and all attorneys’ fees, costs, damages, and judgments ZL VR Brea incurs in the event that you assert a claim or lawsuit against ZL VR Brea even if ZL VR Brea is negligent.
  11. The parties agree to resolve all disputes in good faith. However, in the event a lawsuit is filed against ZL VR Brea, the law of the State of California will govern.
  12. You agree to sign this agreement electronically and understand that the electronic signature is used in place of your original signature. You can always request an electronic copy of this Release. You understand that your consent will stay in force until revoked by you in writing.

By signing this document electronically, you understand that a court of law may find that you forever waived the rights you might have to maintain an action against ZL VR Brea. You have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived your right to do so. You knowingly agree to be bound by all terms and conditions set forth herein. By signing below, you also agree that all releases, waivers, and promises herein are binding on the minor(s) listed below, and you further agree that you have full authority as parent or guardian to bind the minor(s) to this agreement.