Better Than Unicorns, LLC
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement
By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!
Better Than Unicorns LLC, a North Carolina corporation, incorporated under the laws of The United States of America, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Better Than Unicorns”). This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs any person using the Services or participating in an Event (“User”) involving any activities with Better Than Unicorns virtual reality equipment and various virtual reality content and/or software (the “Services”), at Better Than Unicorns locations or events (“Event”).
IN CONSIDERATION OF Better Than Unicorns allowing the User to participate in the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
1. By using the Services I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words “I” and “me” in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to this Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the state of North Carolina. If I do not have the capacity to enter into a legal agreement in the state of North Carolina, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.
2. If I do not agree to the terms of this Agreement I understand that I must immediately discontinue my access to and use of the Services. Any continued use of the Services will be considered as consent and acceptance of the terms of this Agreement by the User or their parent or legal guardian.
3. I acknowledge that my use of Better Than Unicorns virtual reality equipment and the Services 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, but are not limited to: seizures; loss of awareness; eye strain; eye or muscle twitching; involuntary movements; altered, blurred, 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 these potential conditions 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 Event. Better Than Unicorns 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.
4. 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 and affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that Better Than Unicorns will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
5. UNDER NO CIRCUMSTANCES WILL BETTER THAN UNICORNS, ITS OWNERS, OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH BETTER THAN UNICORNS DOES BUSINESS (“BUSINESS PARTNERS”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS BETTER THAN UNICORNS AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST BETTER THAN UNICORNS, AND TO RELEASE BETTER THAN UNICORNS FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE EVENT AND MY USE OF THE SERVICES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF BETTER THAN UNICORNS AND FURTHER INCLUDING THE FAILURE ON THE PART OF BETTER THAN UNICORNS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF BETTER THAN UNICORNS’ VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”). WITHOUT LIMITING THE FOREGOING, THE LIMIT ON BETTER THAN UNICORNS’ (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF $10.00 US DOLLARS.
6. I agree to hold harmless and indemnify Better Than Unicorns from any and all liability for any property damage or personal injury to any third party resulting from my use of Better Than Unicorns virtual reality equipment, the Services or my participation in the Event. I also agree to indemnify and fully compensate Better Than Unicorns for any property damage I cause to Better Than Unicorns property, including but not limited to Better Than Unicorns virtual reality equipment, resulting from my use of Better Than Unicorns virtual reality equipment. Furthermore, should Better Than Unicorns or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Better Than Unicorns harmless from all such fees and costs and agree to be liable for those costs, fees or expenses.
7. I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any activity with Better Than Unicorns (the “Usage Rules - Better Than Unicorns Services and Virtual Reality Arcade”). I certify that I understand and have explained these Usage Rules to my child/ward. I understand that these Usage Rules have been implemented for the safety of all participants, 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 Better Than Unicorns Events and it’s Services.
8. Full payment of all applicable fees is required by the User in advance of use of the Services. Users who cancel their reservation more than fourteen (14) days in advance of a scheduled booking will be entitled to a full refund less a cancellation fee of 50%. Users who cancel their reservation less than fourteen (14) days in advance of a scheduled Event will forfeit all fees paid and shall not be entitled to a refund.
10. I hereby grant to Better Than Unicorns, its owners, officers, agents, employees, contractors, subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, my or my child/ward name, pictures of me or my child/ward in film or any electronic or digital form ( photo, video, websites, social media, etc.), sound and video recordings of my or my child/ward voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable, broadcast television, the Internet, or social media and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever. I further grant Better Than Unicorns all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant Better Than Unicorns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit. By participating in the Event and using Better Than Unicorns Services and equipment, I hereby waive the right to receive any payment or any other compensation for signing this release and waive the right to receive any payment for Better Than Unicorns.
11. Contact details for Better Than Unicorns can be found on Better Than Unicorns’s 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 Better Than Unicorns to me, or two (2) business days after the date of posting.
12. Better Than Unicorns offers a variety of software titles with a range of genres and ratings. Better Than Unicorns 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.
13. 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 thirty (30) days from the date I used the equipment or Services. Estimated costs for equipment include: Controller: $200. Headset $1,200. Computer $2,500. Payment arrangements can be made with Better Than Unicorns. By checking the box on the registration page you are verifying you have had sufficient opportunity to read this Agreement and understand and agree to be bound by these terms. You also certify that you have also watched any Better Than Unicorns Virtual Reality tutorial videos you've been presented in its entirety and accept that my User experience involving the Better Than Unicorns equipment is dependent on my own ability to follow the instructions of your operator. ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT.