VR VIBE: RISK ACKNOWLEDGEMENT, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
This Risk Acknowledgement, Release of Liability, and Indemnity Agreement (the “Agreement”) sets forth the terms and conditions governing the use of virtual reality equipment and experiences (the “Services”) provided by VR Vibe at its location:
2304 Lakeshore Rd W, Oakville, ON L6L 1H3
By signing this Agreement, I acknowledge that I have read, understood, and voluntarily agreed to all terms and conditions outlined below. These terms apply to myself and any minor (child/ward) under my care who participates in VR Vibe activities.
1. Acknowledgement and Assumption of Risks
I acknowledge and accept that participation in virtual reality (VR) activities, including the use of immersive VR equipment, inherently involves physical, psychological, and technical risks. These risks may include but are not limited to:
Dizziness, nausea, motion sickness, eye strain, headaches, disorientation, and temporary vision disturbances
Muscle fatigue, loss of balance, falls, tripping, or collisions with physical objects or other participants
Emotional stress or anxiety due to immersive or intense visual/audio content
In rare cases, seizures or other medical incidents triggered by flashing lights or intense visual stimuli
I understand these risks may lead to injury, illness, property damage, or, in extreme cases, death. I freely and voluntarily assume all such risks for myself and any participating minor.
2. Responsibility for Medical Expenses
I acknowledge that in the event of an injury or medical emergency during participation in VR Vibe activities, I am solely responsible for any resulting medical costs. I understand that VR Vibe does not provide medical insurance or financial coverage for injuries sustained during the use of its equipment or facilities. Any required medical treatment will be at my personal expense or covered through my personal insurance plan.
3. Release of Liability and Agreement to Indemnify
In consideration of being permitted to access and use VR Vibe’s Services and facilities, I agree on behalf of myself, my heirs, executors, administrators, successors, and assigns, to fully and unconditionally release, discharge, and hold harmless VR Vibe, its owners, officers, employees, contractors, agents, affiliates, and partners from any and all claims, liabilities, demands, causes of action, damages, or expenses arising from or relating to my participation or the participation of my child/ward in any VR Vibe activity.
I further agree to indemnify and defend VR Vibe against any and all legal claims, judgments, or costs—including reasonable attorney’s fees—resulting from my own actions, omissions, or negligence, or those of my child/ward.
4. Photo and Video Release for Marketing Purposes
I understand that VR Vibe may take photographs, video recordings, or other media content during customer participation for promotional and marketing purposes. By signing this Agreement, I grant VR Vibe full permission to capture, use, reproduce, and publish images, audio, and video of myself and/or my child/ward for:
Online and digital marketing (e.g., website, social media, advertisements)
Print and multimedia advertising
Public relations and promotional materials
In-location displays and event recaps
I waive any right to inspect or approve the final use of such media and agree that no compensation or royalties will be provided. If I prefer to opt out of being recorded or photographed, I understand that I must inform VR Vibe staff in writing prior to participation, and reasonable efforts will be made to honor my request.
5. Compliance with Rules and Code of Conduct
I agree to abide by all rules, guidelines, and safety instructions provided by VR Vibe staff, posted signage, or verbal announcements. I confirm that I have reviewed these rules and explained them to any minor under my care. I understand that any failure to follow these rules may result in removal from the premises without a refund and may void any liability protections under this Agreement.
6. Governing Law and Dispute Resolution
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada. In the event of a dispute, I agree to resolve the matter exclusively through binding arbitration under Ontario’s Arbitration Act. I expressly waive my right to a trial by judge or jury. If any provision of this Agreement is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
7. Financial Responsibility for Equipment Damage
I agree to use all VR Vibe equipment responsibly and with care. I acknowledge that I am financially responsible for any damage, loss, or destruction to VR Vibe equipment caused by my negligence, misuse, or deliberate actions, or those of my child/ward. I agree to pay the following amounts if equipment is damaged:
VR Controller: $150
VR Headset: $1,000
Computer: $2,500
VR Backpack: $1,000
Oculus Device: $500
I agree to settle any damage charges within three (3) months. Payment plans can be arranged directly with VR Vibe management if needed.
8. Age-Appropriate Content and Parental Discretion
VR Vibe offers a variety of VR experiences with content ranging from child-friendly to mature themes. I understand that it is my responsibility as a parent/guardian to ensure that the selected VR content is appropriate for any minor I authorize to participate.
9. Communications and Notices
I agree that VR Vibe may communicate notices or updates related to this Agreement or my participation via the email address or other contact information provided during registration. Questions may be directed to VR Vibe’s official contact listed at www.vr-vibe.com.
10. Liquidated Damages for Unauthorized Legal Action
If I, or anyone on my behalf, initiates legal action against VR Vibe in contradiction to the dispute resolution clause above and the action is not resolved within 60 calendar days, I agree to pay VR Vibe liquidated damages in the amount of $5,000, plus 12% annual interest, as compensation for the breach of this Agreement’s arbitration clause and associated legal burdens.
ACKNOWLEDGEMENT AND SIGNATURE
I certify that I have read this entire Agreement carefully, fully understand its contents, and sign it voluntarily. I acknowledge that this is a legally binding waiver, release of liability, and indemnification agreement. I agree to abide by its terms and accept all risks and responsibilities for myself and any participating minor in my care.