waiver

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 Zion Virtual Reality equipment with various virtual reality content and/or software (the “Services”), at Zion VR locations (the “Premises”) (12401 Folsom Blvd STE 125, Rancho Cordova, CA 95742).

I acknowledge that my use of Zion Virtual Reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: 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 or pain in the head or eyes, drowsiness, decreased ability to multi-task, fatigue, or any symptoms similar to motion sickness, all 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 in the real world after leaving the Premises.  Zion VR employees have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction.  I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.

If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses.  I understand and agree that Zion VR will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.

I agree to hold harmless and indemnify Zion VR from any and all liability for any property damage or personal injury to any third party resulting from my use of Zion Virtual Reality equipment. I also agree to indemnify and fully compensate Zion for any property damage I cause to Zion VR property, including but not limited to Zion Virtual Reality equipment, resulting from my use of Zion Virtual Reality equipment.  Furthermore, should Zion or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Zion harmless from all such fees and costs.

I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any activity at Zion VR (the “Zion Virtual Reality Rules”). I certify that I understand and have explained the Zion VR Rules to my child/ward.  I understand that Zion Rules have been implemented for the safety of all participants at Zion VR, including myself and/or my child/ward.  I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child/ward from Zion.

This Agreement serves as the complete and exclusive agreement between me and Zion VR. This Agreement supersedes and replaces any and all previous discussions, negotiations, understandings and agreements, written or oral, regarding any or all of the subject matter herein. No term of this Agreement will be deemed waived by reason of any previous failure to enforce it.  No term of this Agreement may be waived except in writing, signed by the party waiving enforcement. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this agreement, I on behalf of myself and/or my child/ward hereby waive any right I and/or my child/ward may have to a trial and agree that such dispute shall be brought within one (1) year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the Arbitration Act. I further agree that the arbitration will take place solely in the State of California and that the substantive law of California shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit against Zion, in addition to my agreement to defend and indemnify Zion VR, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the State of California and shall be governed by the laws of California, and (ii) to pay Zion within 60 days of initiating or filing a lawsuit against Zion VR liquidated damages in the amount of $5000 plus 12% interest per annum if payment is not made on time.  Zion VR may assign this Agreement, in whole or in part, without notice to me at any time. Your rights under these Terms of Use are in no way transferable, in whole or in part, without our prior written consent.

Contact details for Zion VR can be found on Zion’s (www.zionvr.net) Website under the home page footer. All notices regarding this Agreement and the Services will be provided in writing to by e-mail or by post using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from Zion to me, or two (2) business days after the date of posting.

Zion VR offers a variety of software titles with a range of genres and ratings. Zion staff can provide helpful recommendations regarding content, but it is the sole responsibility of the parent / guardian of any patron under the age of eighteen (18) to ensure that the content selected by them is deemed appropriate

I am responsible and liable for all equipment I use. If I, or my child, breaks a controller, headset or computer I will pay back the full cost of the device within 3 months from the date I visited. Controller: $150. Headset $1000. Computer $2,500, TV $300, each Station’s Wall $100. Payment arrangements can be made with Zion VR.

By signing below, I am verifying I have had sufficient opportunity to read this Agreement and understand and agree to be bound by these terms.  I also accept that I will be watching any Zion Virtual Reality tutorial videos presented in its entirety and also accept that any experience involving the Zion Virtual Reality equipment is dependent on my own ability to follow the instructions of the operator.