Liability Release Waiver

VRT Solutions Inc. herein thereafter referred to as "VRTS" encompassing its (but not limited to) agents, owners, directors, affiliates, employees, volunteers, vendors, and business affiliates authorized to act in any in any capacity on behalf of VRTS.

A user is defined as "me", "my", "I", that are of the age of majority (18+ years of age) or a "parent of a non-legal age child" or "legal guardian". User wishing to access services provided by VRTS for themselves or their user they are legally entitled I allowed to represent MUST be legally entitled to agree to and sign the "Liability Release Waiver" before access to service can be granted.

I the user am aware that "my" participation in Virtual Realty training programs (herein "VR training programs") provided by VRTS involves a certain level of inherent risk and/or hazards that may bring harm/damage to "me" the user or "my'' personal positions. These may include such events as (but not limited to) slips, trips or falls as a result of playing surface condition, impact with fixed objects such as walls, the ground or persons entering the space (implied access or not), entanglement in equipment cords or hardware and a malfunction of equipment.

VRTS employees will teach the instructor prior to use on the rules, limitation of the equipment and how to maintain safe VR training. Failure on the user's behalf to follow those specific instructions is taken at the users own risk. VRTS cannot be held liable in any way for the user's

The user releases VRTS and all third party users using VRTS services at the time, from any claims of/lawsuits for all personal short or long term injuries (physical, mental, or emotional) incurred as a result of VR training programs or third party users using VRTS services, medical services compensation, reimbursement for the loss of personal effects or loss of life from an event.

Waiver and Release of Liability

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!

TO: VRT Solutions Inc., a corporation incorporated under the laws of Saskatchewan, 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 "VRTS"): 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 VRTS virtual reality equipment with various virtual reality content and/or software (the services"), at VRTS locations (the "Premises"). IN CONSIDERATION OF VRTS 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:

  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 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 Saskatchewan. If I do not have the capacity to enter into a legal agreement in the Province of Saskatchewan, 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 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.
  3. 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 VRTS will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
  4. I acknowledge that my use of VRTS training programs entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, 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 use of the Services. Instructors 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.
  5. UNDER NO CIRCUMSTANCES WILL VRTS, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH VRTS 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 SERVICE. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS VRTS AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST VRTS, AND TO RELEASE VRTS 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. 0. 2 ON THE PART OF VRTS AND FURTHER INCLUDING THE FAILURE ON THE PART OF VRTS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF VRTS VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS "CLAIMS"). WITHOUT LIMITING THE FOREGOING, THE LIMIT ON VRTS (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL BE LIMITED TO A MAXIMUM OF $10.00 CANADIAN DOLLARS.
  6. I agree to hold harmless and indemnify VRTS any and all liability for any property damage or personal injury to any third party resulting from my use of VRTS training programs. I also agree to indemnify and fully compensate VRTS for any property damage I cause to VRTS property, including but not limited to VRTS virtual reality viewing systems, resulting from my use of VRTS training programs. Furthermore, should VRTS or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold VRTS harmless from all such fees and costs.
  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 at VRTS (the "VRTS Rules"). I certify that I understand and have explained the Rules to my child/ward, I understand that VRTS Rules have been implemented for the safety of all participants at VRTS, 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 VRTS.
  8. This Agreement serves as the complete and exclusive agreement between me and VRTS. This Agreement supersedes and replaces any and all previous discussions, negotiations, understandings and agreements, written or oral, regarding any or all of the subject matter herein. No term of this Agreement will be deemed waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in writing, signed by the party waiving enforcement. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this agreement, I on behalf of myself and/or my child/ward hereby waive any right I and/or my child/ward may have to a trial and agree that such dispute shall be brought within one (1) year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the Arbitration Act of Saskatchewan. I further agree that the arbitration will take place solely in the Province of Saskatchewan and that the substantive law of the Province of Saskatchewan shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit against VRTS, in addition to my agreement to defend and indemnify VRTS, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the Province of Saskatchewan and shall be governed by the laws of the Province of Saskatchewan, and (ii) to pay VRTS within 60 days of initiating or filing a lawsuit against VRTS liquidated damages in the amount of $5,000.00 plus 12% interest per annum if payment is not made on time. VRTS may assign this Agreement, in whole or in part, without notice to me at any time. Your rights under these Terms of Use are in no way transferable, in whole or in part, without our prior written consent.
  9. Contact details for VRTS can be found on VRTS 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 VRTS to me, or two (2) business days after the date of posting.
  10. I have had sufficient opportunity to read this Agreement and the VRTS Rules and have read and understood and agree to be bound by their terms. I accept the user experience involving VRTS training programs is dependent on my own ability to follow the instructions.
  11. The user accepts and agrees to the above terms by virtue of the use and registration required for use.

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