REALITY WELL INC. TERMS & 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.
TO: Reality Well Inc., a corporation incorporated under the laws of Canada, 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 “Reality Well”):
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 Reality Well virtual reality equipment with various virtual reality content and/or software (the “Services”), at Reality Well locations (the “Premises”).
IN CONSIDERATION OF Reality Well allowing the User to use the Services, the User agrees as follows on behalf of themselves, their organization, 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 refer to the Organization/Client. 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 province of Ontario.
2.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 organization.
3.I acknowledge that my use of REALITY WELL virtual reality equipment & software 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, among other things: 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 using the technology.
4. UNDER NO CIRCUMSTANCES WILL REALITY WELL, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH REALITY WELL 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 REALITY WELL AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST REALITY WELL, AND TO RELEASE REALITY WELL 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 USAGE OF THEIR 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 REALITY WELL AND FURTHER INCLUDING THE FAILURE ON THE PART OF REALITY WELL TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF REALITY WELL’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).WITHOUT LIMITING THE FOREGOING, THE LIMIT ON REALITY WELL’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 LIMITED TO A MAXIMUM OF $10.00 CANADIAN DOLLARS.
5. I agree to hold harmless and indemnify REALITY WELL from any and all liability for any property damage or personal injury to any third party resulting from my use of REALITY WELL virtual reality equipment. I also agree to indemnify and fully compensate REALITY WELL for any property damage I cause to REALITY WELL property, including but not limited to REALITY WELL virtual reality equipment, resulting from my use of REALITY WELL virtual reality equipment. Furthermore, should REALITY WELL or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold REALITY WELL harmless from all such fees and costs.
6. I acknowledge that I have read, viewed or heard the rules governing my participation in any activity at REALITY WELL events. I understand that REALITY WELL Rules have been implemented for the safety of all participants at REALITY WELL & THEIR APPLICATIONS, including myself and organizational peers.