Liability Waiver

The waiver is required for the Arena only

NOTE: This is just a readable copy. It cannot be pre-signed, as it is part of the login process which must be complete onsite.

In exchange for participation in a virtual reality experience organized by MassVR, of 4 Currency Drive, Bloomington, IL 61704 and/or use of the property, facilities and services of MassVR, I, (NAME) agree for myself to the following:

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 MassVR, or the employees, representatives or agents of MassVR.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself, and further release and discharge MassVR for injury, loss or damage arising out of my

use of or presence upon the facilities of MassVR, whether caused by the fault of myself, MassVR or other third parties.

3. INDEMNIFICATION. I agree to indemnify and defend MassVR 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 MassVR.

4. FEES. I agree to pay for all damages to the facilities of MassVR 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 Illinois 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 MassVR 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 MassVR 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 MassVR’s printed and digital publications. I understand and agree that any photo and/or video using my likeness will become property of MassVR and will not be returned.

I hereby irrevocably authorize MassVR to edit, alter, copy, exhibit, publish or distribute this photo and/or video for purposes of publicizing MassVR’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 MassVR 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 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 THEIR SIGNATURES BELOW.