Wantec VR LLC COMPREHENSIVE RELEASE OF LIABILITY, ASSUMPTION OF RISK, BEHAVIORAL AGREEMENT, AND PARENTAL/GUARDIAN RESPONSIBILITY CLAUSE

 

LEGAL NOTICE: THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ CAREFULLY BEFORE SIGNING OR USING VR EQUIPMENT.

 

BINDING AGREEMENT: By engaging in any activities at Wantec VR LLC, including but not limited to the use of any VR equipment, you acknowledge and agree to the terms and conditions set forth in this agreement. Your participation, whether or not a physical signature is provided, constitutes your understanding and acceptance of these terms, and your voluntary assumption of all associated risks. This agreement is legally binding and enforceable in a court of law.

 

I. AGE RESTRICTIONS AND PARENTAL CONSENT:

  1. Manufacturer Guidelines: Oculus Rift, LLC, and other VR headset manufacturers strongly recommend that children under the age of 13 should not use VR headsets due to the potential for developmental and safety concerns. Wantec VR LLC echoes this recommendation and advises against allowing children under 13 to use VR headsets.
  2. Parental Responsibility: If you permit a child under the age of 13 to use the VR equipment, you are fully responsible for the child’s safety and compliance with this agreement. You must monitor the child’s usage at all times. By allowing a minor to participate, you are assuming all risks on behalf of the minor and are accepting full legal responsibility for any injuries, damages, or adverse effects that may occur.
  3. Explicit Consent Requirement: For minors aged 13 to 18, a parent or legal guardian must provide explicit written consent before the minor is allowed to use the VR equipment. The parent or legal guardian must read and understand this agreement and agree to all terms on behalf of the minor.

 

II. HEALTH AND SAFETY WARNINGS:

  1. Potential Adverse Effects: Virtual reality (VR) experiences can induce a range of physical and psychological effects, including but not limited to dizziness, nausea, seizures, motion sickness, disorientation, confusion, claustrophobia, anxiety, fear of heights, and panic attacks. These symptoms can vary significantly from person to person, and the onset may be immediate or delayed.
  2. Pre-Existing Medical Conditions: Individuals with certain pre-existing medical conditions (including but not limited to epilepsy, heart conditions, anxiety disorders, PTSD, or vestibular disorders) should consult with a healthcare professional before using VR equipment. Use of VR equipment by individuals with such conditions may exacerbate their symptoms or lead to serious health complications.
  3. Symptom Monitoring: You must remain vigilant for any signs of discomfort or adverse symptoms during the VR experience. If you or your child experience any discomfort, no matter how minor, you must stop using the VR equipment immediately and notify a staff member.
  4. Emergency Procedures: In the event of a medical emergency, Wantec VR LLC staff will follow established emergency protocols. This may include contacting emergency medical services (EMS), administering first aid, and/or providing assistance until professional medical help arrives. By participating, you agree to bear all costs associated with such emergency services and waive any claims against Wantec VR LLC related to the provision of such care.

 

III. ASSUMPTION OF RISK AND WAIVER OF LIABILITY:

  1. Voluntary Participation: Your participation (or your child’s participation) in VR activities at Wantec VR LLC is entirely voluntary. You acknowledge and accept that you are engaging in these activities of your own free will, and you understand and accept the inherent risks involved.
  2. Inherent Risks: You recognize that using VR equipment involves numerous inherent risks, both known and unknown, which may result in serious injury, permanent disability, emotional distress, financial loss, or even death. These risks include, but are not limited to, tripping, falling, colliding with objects, vertigo, seizures, psychological trauma, and other physical and mental health complications.
  3. Comprehensive Release of Liability: You, on behalf of yourself (and/or your child), hereby release, waive, and forever discharge Wantec VR LLC, its owners, employees, agents, contractors, affiliates, successors, and assigns from any and all liability, claims, demands, actions, or causes of action arising out of or related to your (or your child’s) use of VR equipment. This release applies to all claims, including but not limited to those based on negligence, gross negligence, strict liability, breach of warranty, or any other legal theory, whether in tort, contract, or otherwise.
  4. Assumption of All Risks: By signing this agreement or participating in VR activities at Wantec VR LLC, you assume full responsibility for all risks associated with the use of VR equipment. This includes the risk of physical injury, emotional distress, property damage, and any other loss or harm that may occur. You understand that these risks may be exacerbated by the actions, omissions, or negligence of Wantec VR LLC or other participants.
  5. Indemnification and Hold Harmless Clause: You agree to indemnify, defend, and hold harmless Wantec VR LLC, its owners, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (or your child’s) use of VR equipment, your violation of this agreement, or your (or your child’s) negligence or misconduct. This indemnification obligation extends to any third-party claims arising out of your actions or omissions.
  6. Scope of Release: The release of liability contained in this agreement is intended to be as broad and inclusive as permitted by applicable law. If any portion of this release is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

IV. BEHAVIORAL RULES AND CONDITIONS OF USE:

  1. Equipment Care and Responsibility: All participants must handle VR equipment with the utmost care and respect. This includes following all setup and operating instructions provided by Wantec VR staff. Any damage to the equipment resulting from misuse, negligence, or failure to adhere to instructions will be the financial responsibility of the participant (or their parent/guardian).
  2. Respect for Others and the Environment: Participants must respect the personal space and safety of others at all times. Aggressive behavior, physical contact, or any form of harassment will not be tolerated. Disruptive or dangerous behavior, including running, jumping, or intentionally causing harm to others or to the environment, will result in the immediate termination of your session and possible ejection from the premises without a refund.
  3. Designated Play Areas: Participants must remain within the designated VR play areas at all times. Straying from these areas may result in injury to yourself or others, as well as damage to property. If you are unsure of the play area boundaries, ask a staff member for clarification before beginning your session.
  4. Staff Instructions: You must follow all instructions provided by Wantec VR staff without exception. These instructions are designed to ensure the safety and enjoyment of all participants. Failure to comply with staff instructions may result in the termination of your session and possible ejection from the premises without a refund.
  5. Prohibited Items: Participants are not permitted to bring food, drinks, or hazardous objects (such as sharp objects, liquids, or breakable items) into the VR play area. These items pose a risk to both the equipment and the participants. Wantec VR LLC reserves the right to inspect personal belongings and prohibit entry to the play area with prohibited items.
  6. Appropriate Attire: Participants are required to wear appropriate attire, including closed-toe shoes and comfortable clothing that allows for free movement. High heels, sandals, flip-flops, or any other footwear that may increase the risk of injury are strictly prohibited. Wantec VR LLC reserves the right to deny participation to individuals wearing inappropriate attire.
  7. Substance Use: The use of VR equipment while under the influence of alcohol, drugs, or any other substances that impair judgment, coordination, or physical abilities is strictly prohibited. Participants found to be under the influence will be immediately removed from the premises without a refund and may face legal consequences.
  8. Personal Belongings: Wantec VR LLC is not responsible for the loss, theft, or damage of personal belongings. It is strongly recommended that you secure your personal items in a safe place before beginning your VR session. Any belongings left unattended are at your own risk.
  9. Photography and Recording: Participants are not permitted to take photographs or make video/audio recordings within the VR play area without prior written consent from Wantec VR LLC. Unauthorized recording or photography may result in the termination of your session and possible legal action.
  10. Noise Levels: Participants must keep noise levels to a minimum to ensure an enjoyable experience for all guests. Loud or disruptive behavior, including shouting, excessive talking, or playing music, is not allowed. Participants who violate this rule may be asked to leave the premises without a refund.
  11. Time Limits: Each VR session is subject to time limits as determined by Wantec VR LLC. Participants must adhere to these time limits and promptly vacate the play area when their session has ended. Overstaying your allotted time may result in additional charges or the termination of your session.
  12. Sanitation and Hygiene: Participants are expected to maintain proper hygiene while using the VR equipment. This includes washing hands before and after use, wearing clean attire, and avoiding the use of equipment if you are sick or have a contagious condition. Wantec VR LLC reserves the right to deny participation to individuals who do not meet these hygiene standards.

 

V. ACKNOWLEDGMENT

By signing this agreement, or by participating in any VR activities at Wantec VR LLC, you acknowledge that you have read and fully understand the terms and conditions outlined above. You affirm that you are signing or participating freely and voluntarily, with full knowledge of the legal consequences, including the waiver of certain legal rights. If signing on behalf of a minor, you affirm that you are the parent or legal guardian and that you have the legal authority to consent to these terms on the minor’s behalf.

 

VI. UNACCOMPANIED MINORS AND THIRD-PARTY SUPERVISION:

  1. Third-Party Supervision Consent: If a child arrives without their own parent or legal guardian but is accompanied by another adult (e.g., the parent or guardian of another child in the group), the accompanying adult must provide a signed consent form from the child’s parent or legal guardian authorizing the adult to act on their behalf. This consent form must include specific permission for the child to use VR equipment and participate in activities at Wantec VR LLC.
  2. Alternate Adult Responsibility: In the absence of the child’s own parent or legal guardian, the accompanying adult who has been authorized through the signed consent form assumes full responsibility for the child’s safety, behavior, and compliance with all terms and conditions of this agreement. This includes the obligation to monitor the child during their VR session and to ensure they adhere to all rules and guidelines set forth by Wantec VR LLC.
  3. No Assumption of Parental Rights: Wantec VR LLC does not assume any parental rights or responsibilities for minors who participate in VR activities without their own parent or legal guardian. It is the sole responsibility of the accompanying adult to ensure that all necessary consents are obtained and that the child’s participation is in accordance with the wishes of their parent or legal guardian.
  4. Waiver in Absence of Signed Consent: In the event that a child arrives without a signed consent form and the parent or legal guardian cannot be contacted to provide authorization, Wantec VR LLC reserves the right to deny the child participation in VR activities. This is to ensure the child’s safety and to protect Wantec VR LLC from potential legal liability.