AmazeVR LBE Rules

To protect your comfort, safety, and enjoyment, and that of other participants, AmazeVR, INC. (“AmazeVR”) has adopted the following rules concerning your conduct while participating in an in-person virtual reality experience and related activities (the “Experience”) provided by AmazeVR. AmazeVR reserves the right to make changes or adopt additional rules without notice.

As a condition to such participation, you are required to sign these AmazeVR Location-based Entertainment Rules (“AmazeVR LBE Rules”) and the Waiver and Release of Liability, attached hereto as Exhibit A and incorporated herein by reference.

In consideration for your participation in the Experience, you agree to abide by the rules below at all times while participating in the Experience. Each ticket that you purchase from AmazeVR is a revocable license to attend the Experience, and AmazeVR reserves the right to revoke this license for your failure to comply with these rules without refund, credit, or exchange, in AmazeVR’s sole and absolute discretion.

1. If you are under the age of 13, you may not participate in the Experience. If you are at least 13 years old and under the age of 18, you may not participate in the Experience unless your parent and/or legal guardian signs theseis AmazeVR LBE Rules, and you must be accompanied and supervised by such parent and/or legal guardian at all times during your participation in the Experience.

2. You will follow AmazeVR personnel’s instructions at all times.

3. You will cooperate with any rules and restrictions imposed by AmazeVR related to the novel coronavirus, COVID-19, in connection with the Experience, including, without limitation, social distancing and wearing a face mask.

4. All persons, bags, parcels, clothing, and other items may be subject to inspection and may not be allowed in the Experience.

5. Once instructed to be seated, you will stay seated at all times during the Experience until instructed otherwise by AmazeVR personnel.

6. No smoking or vaping.

7. You will not participate in the Experience when under the influence of marijuana, drugs, or alcohol.

8. None of the following are permitted in the Experience:

   • Food or beverages (alcoholic or otherwise), glass bottles, or other glass containers.

   • Photography, videotaping, recording of any kind, or otherwise engaging in any activity for unapproved purpose.

   • Marijuana (including marijuana enriched products) or any illegal substance.

   • Fireworks or other similarly explosive and/or flammable objects, smoke machines, or fog machines.

   • Running, fighting, bullying, vandalizing, or spitting.

   • Disruptive, disturbing, unruly, offensive, or profane behavior, language, symbols, gestures, or other similar actions. 

   • Clothing with inappropriate, offensive, or profane words, symbols, or graphics.

   • Firearms, ammunition, knives, weapons, or items that may be used as weapons, of any kind.

   • AmazeVR reserves the right to prohibit the use of any other items or activities not listed above that AmazeVR determines may be harmful or disruptive, in its sole and absolute discretion.

9. AmazeVR may photograph, film, videotape, record, or otherwise reproduce the image and/or voice of any person who enters the Experience and use the same for any purpose without payment to any person or entity.

10. AmazeVR is not responsible for loss or damage of belongings or property, consistent with applicable law.
     

Exhibit A

Waiver and Release of Liability

If you are at least 13 years old and under the age of 18 you may not participate unless your parent and/or legal guardian signs this Release.

You have voluntarily and willingly elected to participate in an in-person virtual reality experience and related activities (the “Experience”) provided by, or on behalf of, AmazeVR, INC. (“AmazeVR”). As a condition to such participation, or the participation of any minor who is at least 13 years old and under the age of 18 under your custody, supervision or control (the “Minor”), if applicable, you are required to sign this Waiver and Release of Liability (this “Release”). You and the Minor, if applicable, are sometimes referred to hereinafter individually as “Participant” and collectively as “Participants.” 

In consideration for your participation in the Experience, and as a condition to such participation, by signing below, on behalf of yourself and any other person or entity claiming through you, including, but not limited to, your spouse, and you and your spouse’s respective heirs, executors, administrators and assigns, you hereby voluntarily:

1. Acknowledge that participation in the Experience and certain activities in which Participants will engage are potentially dangerous and involve serious risks, including, but not limited to, illness, nausea, motion sickness, serious injury, physical disability, death, property damage and/or loss.

2. Acknowledge that seeking professional medical advice and/or approval from your physician prior to participating is recommended if any Participant has a medical condition that may be affected by the Experience.

3. Acknowledge that due to safety reasons, participation in the Experience may not be appropriate for pregnant women and persons suffering from epilepsy, heart conditions, hearing or visual impairments and other disabilities, and acknowledge that you have sought the advice of your physician before participating in the Experience.

4. Acknowledge that Participants are not under the influence of marijuana or drugs, and/or intoxicated from alcohol. Influence of marijuana or drugs and/or intoxication from alcohol would impair Participant’s ability to maintain Participant’s safety awareness and/or endangers others. Participants understand that participating in the Experience while under the influence of marijuana or drugs and/or intoxicated from alcohol is strictly prohibited.

5. Acknowledge that Participants will not smoke nor vape during the Experience. Participants understand that using cigarettes and/or e-cigarettes during the Experience is strictly prohibited.

6. Acknowledge that Participants will cooperate with any rules and restrictions imposed by AmazeVR related to the novel coronavirus, COVID-19, in connection with the Experience, including, without limitation, social distancing and wearing a face mask. 

7. Understands that the novel coronavirus, COVID-19, is an extremely contagious and dangerous virus that has currently been declared a worldwide pandemic by the World Health Organization. You also understand that the United States Center for Disease Control and Prevention have issued information and guidance on COVID-19 accessible via the Internet, including, without limitation, how individuals can protect themselves from contracting the virus and what actions individuals can take if they believe they have contracted the virus. You understand and acknowledge that the Experience required hereunder may involve activities that may expose Participants and other third parties to increased risk of exposure to and contraction of COVID-19, and that such exposure or contraction may carry result in increased risk of death, disability, disfigurement, serious physical injury, extreme emotional distress, severe physical, mental and emotional stress, mental and physical illness, and/or loss of property or income. You understand the risks of participating in the Experience and related activities, and You acknowledge that while conduct that gives rise to such situations might otherwise constitute an actionable tort or give rise to other claims or causes of action, Participants have freely consented to such conduct and have assumed the risks thereof.  You further understand that AmazeVR does not make any representations or warranties about (i) the risks of exposure to or contraction of COVID-19 while Participants are participating in the Experience and related activities, nor (ii) any preventative measures taken by AmazeVR or third-parties to reduce the risks of exposure to or contraction of COVID-19 while Participants are participating in the Experience and related activities.

8. Acknowledge and assume full responsibility (financial or otherwise) for any and all risks arising out of or in any way relating to the Participants’ involvement in the Experience, whether foreseeable or unforeseeable and whether caused by the negligence of the AmazeVR or any of its owners, officers, directors, employees, affiliates, partners, representatives, agents, contractors, licensors or landlords, or the officers, directors, employees, representatives, agents or assigns of any of the foregoing (collectively, the “Released Parties”), whether or not such risks are specifically identified or referenced in this Release, including, without limitation, your reaction to the Experience, which may cause dizziness, nausea, and/or vomiting and which may cause seizures in epileptic persons.

9. Acknowledge that you are solely responsible for your interactions with other visitors, users, and/or participants of the Experience (collectively, “Users”). We reserve the right, but have no obligation, to monitor disputes between you and other Users. AmazeVR shall have no liability for your interactions with other Users, or for any User’s action or inaction.

10. Assume full responsibility for the Participants’ adherence to the safety guidelines.

11. Acknowledge that there may be claims, risks or facts relating to the Experience that you are not currently aware of. You grant the Released Parties a full and final release of all claims, whether known or unknown. You are aware of Section 1542 of the California Civil Code, which provides that:

    A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

    You expressly waive any rights that the Participants may have based upon Section 1542, as well as under any other statutes or common law principles of similar effect.

12. Release, discharge, waive and relinquish any and all actions or causes of action against AmazeVR for any and all claims for negligence, tort, civil or criminal liability, personal injury (physical or psychological), property damage or wrongful death occurring to the Participants arising out of or relating to any involvement in the Experience or any activities incidental thereto, wherever or however the same may occur and for whatever period such activities may continue, including, but not limited to, actions or causes of action arising out of or in any way relating to activities in which you participate during the Experience, actions or causes of action arising out of or in any way relating to the failure of others to follow the safety guidelines of the Experience and actions or causes of action arising out of or in any way relating to activities to which you are exposed during the Experience which you independently attempt to replicate after your participation in the Experience, or based upon or relating in any way to COVID-19. 

13. You understand that the Participants may be photographed, videoed or recorded (the “Recordings”) during the Experience and you hereby grant AmazeVR and its affiliates irrevocable right and license in perpetuity in and to the Recordings, including, without limitation, the Participants’ voice, persona, appearance, photograph, image and/or likeness in AmazeVR’s sole discretion for research, promotional and marketing purposes in any and all media, now known or hereafter devised, without compensation.

14. Certify that the Participants are in good health and have no medical conditions that may be adversely affected by the Participants’ involvement in the Experience. 

15. Agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, lawsuits, liabilities, loss, damages, demands, actions, causes of action, costs and expenses of any kind (including attorneys’ fees), which may be made against them or incurred by them, or any of them, arising out of Participants’ participation in the Experience, any breach of your representations and warranties hereunder, and/or resulting from your negligent, reckless, or willfully tortious conduct.  I agree that I am financially responsible for any and all losses and damages (whether to myself or others) resulting from my participation in the Activity.

16. Agree that this Release will be governed by the laws of California, without reference to conflict of law principles thereof, and you submit to the personal and exclusive jurisdiction of the federal and state courts of California to resolve any dispute arising out of or relating to the AmazeVR or any Participant’s involvement in the Experience.

17. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. To the fullest extent permissible by law, with the exception of disputes pertaining to AmazeVR’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and AmazeVR arising under these Terms will be resolved through final and binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator will be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and will follow California substantive law in adjudicating the dispute, except that this Section 14 will be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 14 satisfies the “writing” requirement of the FAA. The hearing will be conducted in the country that encompasses the billing address you have provided to AmazeVR. For any claim in which you seek U.S. $10,000.00 or less, you will have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, AmazeVR will pay the costs and fees of JAMS and the arbitrator. AmazeVR agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION. 

18. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect.

By signing below, you agree on behalf of the Participants, if applicable, (i) that you have read and fully understand this Release in its entirety and that this Release cannot be modified orally, (ii) that you are giving up substantial legal rights by signing this Release, including the right to recover damages in case of injury, death or property damage, (iii) that you are aware of the legal consequences of signing this Release, (iv) that you have signed this Release freely and voluntarily without any inducement, assurance or guarantee being made to you and (v) that you intend for this Release to be an irrevocable, complete and unconditional release of all liability of the Released Parties to the greatest extent allowed by law. You acknowledge that you understand the risks associated with participating in the Experience and have had the opportunity to personally discuss with a representative of the AmazeVR the potential risks and dangers incidental to participating in the Experience.

Processing of Personal Data: I understand and acknowledge that all information relating to me or any other natural person (Personal Data) will be processed to the extent needed in connection with this Release, and in accordance with the Company’s Privacy Notice

Executed, Agreed To and Acknowledged by you:

Participant/Guardian Signature: Date:

Minor information (if applicable):
Legal full name :
Date of birth :

Participant information
Legal full name :
Date of birth :
Email address : 
Phone number :
Zip Code :