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VIRTUAL REALITY LIABILITY WAIVER

  

Virtual Playground LLC

314 South Navy Blvd.

Pensacola, FL 32507

RELEASE OF LIABILITY


READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS


By signing this waiver, I agree for myself to the following when participating in computer generated reality and or virtual reality

simulations at the Virtual Playground, LLC:


1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to

follow any oral instructions or directions given by Virtual Playground, LLC, or the employees, representatives or agents of Virtual

Playground, LLC. 

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity i.e. hitting walls with hands when moving outside of in-place virtual guardian boundaries and not limited to dizziness, motion sickness, vertigo, and exhaustion. I assume full responsibility for personal injury to myself, and further release and discharge Virtual Playground, LLC for injury, loss or damage arising out of my use of or presence upon the facilities of Virtual Playground, LLC, whether caused by the fault of myself, Virtual Playground, LLC or other third parties. 

3. INDEMNIFICATION. I agree to indemnify and defend Virtual Playground, LLC against all claims, causes of action, damages,

judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from use of or presence

upon the facilities of Virtual Playground, LLC. 

4. FEES. I agree to pay for all damages to the facilities and equipment of Virtual

Playground, LLC caused by any negligent, reckless, or willful actions by me. 

5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law. 6. NO DURESS. I agree and acknowledge that I am

under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.

I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Virtual Playground, LLC has offered to refund any fees I have paid to use its facilities if I chose not to sign this

agreement. 

7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation

between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a

construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or

unenforceable provision shall be deemed not to be a part of this Agreement. 9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved

by negotiation, the parties will resolve the dispute using a mediator. PHOTO AND VIDEO RELEASE I hereby grant Virtual Playground, LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including but not limited to all of Virtual Playground, LLC's printed and digital publications. I understand and agree that

any photo and/or video using my likeness will become property of Virtual Playground, LLC and will not be returned. I hereby irrevocably authorize Virtual Playground, LLC, to edit, alter, copy, exhibit, publish or distribute this photo and/or video for purposes of publicizing Virtual Playground, LLC's programs or for any other related, lawful purpose. In addition, I waive the right to inspect or

approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo and/or video. I hereby hold harmless and release and forever discharge Virtual Playground, LLC from all claims, demands, and causes of action which I, my heirs, representatives,

executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.


I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, IVOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. I HAVE READ AND UNDERSTAND THE ABOVE PHOTO AND

VIDEO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY MY SIGNATURE BELOW. I

ACCEPT.

Customer Liability Waiver

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