TERMS AND CONDITIONS
ASSUMPTION OF RISKS, WAIVER OF CLAIMS AND INDEMNITY, AND RELEASE OF LIABILITY AGREEMENT
TO: Virtual Bytes Inc, a Corporation organized pursuant to applicable state law, 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 “iSimu VR”):
“Release Agreement” refers to the Assumption of Risks, Waiver of Claims and Indemnity, and Release of Liability Agreement.
“I” and “me” means the user and the acceptor of this Release Agreement.
“Activity”, “Activities”, “Service” and “Services” shall include all activities associated with the use of virtual reality equipment.
By using the Services provided by iSimu VR, I acknowledge and accept the terms of this Release Agreement, together with any documents referred to herein. I warrant that I have the legal capacity to enter this Release Agreement. Should I accept the Services on behalf of another legal entity, I hereby warrant that I have authorization whether expressed or implied, to bind that entity to the terms of this Release Agreement. If I permit a person who lacks the legal capacity to utilize the Activities and Services, I am legally bound by this Release Agreement. If I I disagree to the terms and conditions of this Release Agreement, I will immediately discontinue and remove access to the use of the Services and Activities provided by iSimu VR.
I agree to grant iSimu VR royalty-free license to use photos, videos, or digital likeness solely for promotional, educational, and/or commercial purposes.
I have read and fully understand “iSimu VR Rules”. I have watched the “iSimu VR Tutorial” and acknowledge my user experience is fully reliant upon my ability follow the directions. I understand that failure to comply with the rules and directions could result in expulsion from the premise without any refund.
Payment for Services is required in advance of the use of services. I acknowledge that I am entitled a full refund for Services canceled greater than 48 hours from time of reservation. If Services are canceled between 24 and 48 hours, I acknowledge that I will be entitled to only a partial refund of 50% of payment. I acknowledge that I will not be entitled to any refund for cancellations under 24 hours.
I agree that if any portion of this Release 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 children or any legal entity from which I have bounded to this Release Agreement waive any right to a trial and agree that such dispute shall be brought within one year of the date of this Release Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to its Comprehensive Arbitration Rules and Procedures.
ASSUMPTION OF RISKS:
I acknowledge and understand that there are dangers and risks associated with the use of virtual reality equipment which includes, but not limited to: dizziness, nausea, vomiting, short breath, pallor, headaches, disorientation, fatigue, seizures, impaired hand-eye coordination or balance, eye strain, blackouts, discomfort, loss of awareness, altered, blurred, or double vision or other visual abnormalities, excessive sweating, increased salivation, drowsiness, or any symptoms associated with motion sickness. I acknowledge the known and unanticipated risks that can result in physical injuries to myself and others, emotional injury, death, and damage to personal, public, third party, and iSimu VR property. By participating in the Activities provided by iSimu VR, I freely and fully assume and agree to the hazards and risks, and to use my best judgment while engaging in those Activities.
WAIVER OF CLAIMS AND INDEMNIFY AND RELEASE OF LIABILITY AGREEMENT:
I agree to indemnify and hold iSimu VR harmless from and against any and all loss, liability, claim, damage, and expense (including reasonable legal fees and expenses) arising out of any accident, injury or death to persons, or loss of damage or property, or fines and penalties which may result, in whole or in part, by the use of iSimu VR’s Services. I shall defend and settle all suits or proceedings arising out of the foregoing.The obligations of this Release Agreement shall last in perpetuity.
I acknowledge that if I or a legal entity in which I have bound to the terms of this Release Agreement suffers an injury and seeks medical assistance, the costs will be at my own expense, my personal insurer(s), or my legal entities’. I understand that iSimu VR will not be held liable for any costs inflicted to myself or the legal entities that I have bound to this Release Agreement.
I agree to indemnify iSimu VR for any indirect, incidental, consequential, special, or exemplary damages resulting from my own use or another legal entity bounded by myself of iSimu VR Services and virtual reality equipment. The compensation should cover, but not limited to any loss of profit, earnings, anticipated earnings interruption or loss of business, or any consequential losses, problems, or fault.
ACKNOWLEDGMENT AND UNDERSTANDING:
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL THE PROVISIONS OF THIS RELEASE AGREEMENT AND AM FREELY, KNOWINGLY, AND VOLUNTARILY ENTERING INTO THIS AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP CERTAIN LEGAL RIGHTS BY SIGNING IT.
A SIGNED RELEASE AGREEMENT IS REQUIRED FOR EACH PARTICIPANT.
Who is Participating:
Your waiver has been submitted.