Sintri Digital [DBA Escape To VR] Virtual Reality Waiver – Updated 10/26/2024 11:00 am
IMPORTANT: EACH player MUST sign this waiver form prior to their Virtual Reality experience.
Assumption of Risks, Waiver of Claims, Indemnity, and Release of Liability Agreement
To: Sintri Digital DBA Escape To VR, a sole proprietor organized pursuant to applicable state law, including its members, owners, affiliates, employees, managers, agents, directors, officers, and all persons or entities serving at the request of the company (hereinafter referred to as “Sintri Digital”):
Definitions
- “Release Agreement”: Refers to this document, the Assumption of Risks, Waiver of Claims, Indemnity, and Release of Liability Agreement.
- “I” and “me”: Refers to the user signing this Release Agreement.
- “Activity”, “Activities”, “Service”, “Services”: Refers to all activities associated with the use of virtual reality equipment and the experiences offered by Sintri Digital.
Acceptance of Agreement
By using the Services provided by Sintri Digital, I acknowledge and accept the terms of this Release Agreement. I warrant that I have the legal capacity to enter into this agreement. Should I accept the Services on behalf of another person or legal entity (e.g., a minor child), I warrant that I have the authority to bind that person or entity to the terms of this Agreement.
If I do not agree to the terms and conditions, I will discontinue and remove access to the Services and Activities provided by Sintri Digital immediately.
Assumption of Risks
I acknowledge and understand that there are known and unknown risks associated with the use of virtual reality equipment. These risks include, but are not limited to:
- Physical injuries such as falling, bumping into objects, or knocking over items.
- Motion-related symptoms such as dizziness, nausea, vomiting, shortness of breath, headaches, disorientation, seizures, eye strain, blackouts, discomfort, and other visual or sensory abnormalities.
By participating in the Activities, I freely and fully assume these risks and agree to use my best judgment while engaging in them.
Waiver of Claims, Indemnity, and Release of Liability
I agree to indemnify and hold Sintri Digital harmless from any and all loss, liability, claims, damage, or expenses (including reasonable legal fees) arising from my participation in the Activities or use of Services.
I understand and agree that by signing this waiver, I am expressly waiving the right to bring any claim against Sintri Digital, including claims arising from Sintri Digital’s negligence or the negligence of its employees or agents.
I shall defend and settle all suits or proceedings arising out of any accidents, injuries, deaths, or property damage caused during my participation in the Activities. Sintri Digital is not liable for medical costs incurred by myself or any person on whose behalf I have signed this Release Agreement.
This indemnity and waiver of claims will remain in full force and effect perpetually.
First Aid Disclaimer
I acknowledge that Sintri Digital may provide basic first aid assistance if necessary, but it is my responsibility to seek further medical treatment if required. Sintri Digital is not liable for medical costs or follow-up medical care beyond first aid.
Minors and Indemnification
I acknowledge that California law does not allow a minor to waive their legal rights through this waiver. However, I agree to indemnify and hold Sintri Digital harmless from any claims brought by or on behalf of my minor child or any minor for whom I am signing this waiver, including claims of negligence.
Payment and Cancellation Policy
I acknowledge that payment for Services is required in advance. Refunds are available under the following conditions:
- Full Refund: For cancellations made more than 48 hours before the reservation time.
- Partial Refund (50%): For cancellations made between 24 and 48 hours before the reservation time.
- No Refund: For cancellations made less than 24 hours before the reservation time.
Consent for Use of Images and Likeness
I understand that by participating in the activities provided by Sintri Digital, I am granting Sintri Digital a royalty-free license to use my image, likeness, and any media captured during my participation for promotional, educational, and/or commercial purposes, including on social media, websites, and marketing materials. I understand that in most cases, my identity may not be easily recognizable due to the nature of the activity (e.g., wearing a VR headset), but I agree to this use regardless of the visibility of my face or other identifying features.
I acknowledge that these images and videos are an integral part of the experience, allowing Sintri Digital to create edited media that may be shared with me and/or posted on social platforms. I understand that participation in the VR experience implies consent to this media use, and declining consent would make it impossible to deliver the complete experience.
Acknowledgment of Sintri Digital Rules and Instructions
I confirm that I have read and understand the “Sintri Digital Rules” and have watched the “Sintri Digital Tutorial.” I acknowledge that following these rules and instructions is critical for my safety and the safety of others. Failure to comply may result in expulsion from the premises without a refund.
Arbitration and Dispute Resolution
I agree that any dispute arising from this Agreement will be determined by binding arbitration under the applicable arbitration rules. All claims must be brought within one year from the date of the incident and will be subject to arbitration in accordance with the rules of the Comprehensive Arbitration Rules and Procedures.
However, I understand that I may choose to bring any claim in small claims court instead of arbitration if the claim is eligible for small claims.
Severability
If any portion of this Release Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Acknowledgment and Understanding
I have carefully read and fully understand all provisions of this Release Agreement. I am freely, knowingly, and voluntarily entering into this Agreement and understand that I have given up certain legal rights by signing it.
Tip: You need to complete your signature.