TERMS AND CONDITIONS
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
Magic City Eplex LLC, a limited liability corporation incorporated under the laws of Alabama as of December 20, 2018, 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 “MC EPLEX”)
This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs the User’s (described below) use of the MC EPLEX virtual reality and gaming equipment with various content and/or software (the “Services”) at MC EPLEX location (the “Premise”).
IN CONSIDERATION OF MC EPLEX allowing the User to use the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
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 the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the State of Alabama. If I do not have the capacity to enter into a legal agreement in the State of Alabama, 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.
If I do not agree to the terms of this Agreement, I understand that I must promptly 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 the User or their parent or legal guardian.
I acknowledge that my use of MC EPLEX virtual reality and gaming equipment entails known and unanticipated risks. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other risks: seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or 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 which 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 Premises. MC EPLEX 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.
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/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that MC EPLEX will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
UNDER NO CIRCUMSTANCES WILL MC EPLEX, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH MC EPLEX 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 MC EPLEX AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST MC EPLEX, AND TO RELEASE MC EPLEX 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 PREMISES 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 MC EPLEX AND FURTHER INCLUDING THE FAILURE ON THE PART OF MC EPLEX TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MC EPLEX VIRTUAL REALITY AND GAMING EQUIPMENT AND VARIOUS VIRTUAL REALITY AND GAMING CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).WITHOUT LIMITING THE FOREGOING, THE LIMIT ON MC EPLEX’S (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 RESPONSIBLE AND LIMITED TO A MAXIMUM OF THE COST OF THE VIRTUAL REALITY AND GAMING HARDWARE IF DAMAGES ARE MALICIOUS.
I agree to hold harmless and indemnify MC EPLEX from any and all liability for any property damage or personal injury to any third party resulting from my use of MC EPLEX virtual reality and gaming equipment. I also agree to indemnify and fully compensate MC EPLEX for any property damage I cause to MC EPLEX property, including but not limited to MC EPLEX virtual reality and gaming equipment, resulting from my use of MC EPLEX virtual reality and gaming equipment. Furthermore, should MC EPLEX or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold MC EPLEX harmless from all such fees and costs.
I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any activity at MC EPLEX (the “MC EPLEX Rules”). I certify that I understand and have explained the MC EPLEX Rules to my child/ward. I understand that MC EPLEX Rules have been implemented for the safety of all participants at MC EPLEX, 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 MC EPLEX.
Contact details for MC EPLEX can be found on MC EPLEX’s Website under the “Contact” heading. 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 MC EPLEX to me, or two (2) business days after the date of posting. MC EPLEX offers a variety of software titles with a range of genres and ratings. MC EPLEX 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.
I also agree to abide by the terms and use of any commercial license agreement for using any and all “games” or “products” provided by MC EPLEX LLC. MC EPLEX LLC can take pictures to be used for anything they wish; this includes commercials. I have had sufficient opportunity to read this Agreement and the MC EPLEX Rules and have read and understood and agree to be bound by their terms. I have also accepted that my User experience involving the MC EPLEX virtual reality equipment is dependent on my own ability to follow the instructions in these terms and conditions agreement. ONLY ONE PARTICIPANT IS ALLOWED PER AGREEMENT.