WAIVER AND CONSENT
WAIVER AND CONSENT
PLEASE READ THIS DOCUMENT CAREFULLY.
BY AGREEING TO THIS DOCUMENT, YOU’RE PROVIDING YOUR WAIVER AND CONSENT AS SET OUT BELOW.
In consideration of the services and facilities offered and/or provided by Active Entertainment Ltd. (trading under the brand of Zero Latency) its employees, directors and agents, and all other persons or entities acting in any capacity on behalf thereof (collectively, “Zero Latency”), I hereby acknowledge and agree to the following terms of this document (this “Waiver and Consent”):
CAPACITY AND AUTHORITY
I, the individual listed below, have attained 18 years of age, and am accepting and agreeing to this Waiver and Consent on my own behalf, and/or on the behalf of the below listed participants under the age of 18 (“minors”) as, or as duly authorised agent on behalf of, their parent or legal guardian.
In relation to the minors listed (if any) below, I represent that I have full authority as, or on behalf of, the parent or legal guardian of the minors to accept the terms of this Waiver and Consent on their behalf.
ASSUMPTION AND ACKNOWLEDGEMENT OF ALL RISKS
Zero Latency is the supplier of virtual reality simulation services and facilities offered and/or provided by Zero Latency at its premises (the “Zero Latency Venue”) including, but not limited to, gaming, simulation walk throughs, training exercises, use of motion capture and tracking technology, use of wireless controllers, use of haptic feedback technology, use of head mounted virtual reality displays, use of free roam untethered virtual reality simulation technology and equipment, recreation and waiting areas, equipment rental and maintenance, use of tracking spaces and/or any equipment or item on the Zero Latency Venue (collectively, the “Zero Latency Facilities”), the use, rental or maintenance of any item or equipment in, and the use of, any Zero Latency Facilities and any activities whatsoever (including but not limited to any training classes, instructions and/or courses) (collectively, the “Zero Latency Activities”) in the Zero Latency Venue.
I acknowledge and understand that the Zero Latency Activities are dangerous with many inherent risks and hazards and that certain risks cannot be eliminated without jeopardising the essential qualities of the Zero Latency Activities and the use of the Zero Latency Facilities. Any participation in the Zero Latency Activities, use or misuse of the Zero Latency Facilities, Zero Latency equipment and/or Zero Latency VENUE involves a significant risk to Participants. Such risks could include, but are not limited to, cuts and bruises, falls, broken bones, injuries to face, arms, legs, ankles, backs, heads and necks, injuries from contact with other participants, spinal injuries other serious injuries, permanent disability and/or even death.
I agree to participate in the Zero Latency Activities and/or use the Zero Latency Facilities and the Zero Latency Venue at my own risk, and expressly assume and accept all risks in relation thereto.
WAIVER, RELEASE AND DISCHARGE
To the fullest extent permitted by law, I hereby waive any and all claims, suits or demands arising out of, and the right to sue Zero Latency for, and release and discharge Zero Latency from:
any liability for any personal injury or death in any way whatsoever caused by or relating to the Participant’s participation in such activities howsoever caused, save and to the extent found to be directly caused by Zero Latency’s negligence; and
any property damage or other loss, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others.
To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless Zero Latency against all and any losses, claims, proceedings, damages, liabilities (whether joint or several), costs and expenses (including reasonable legal fees), whether:
as a result of my or any of the listed minors’ own negligence, omission, act, conduct or behavior otherwise whilst participating in the Zero Latency Activities, using the Zero Latency Facilities or otherwise being in the Zero Latency VENUE, and/or
arising in connection with or as a result of (or anyone on my or any listed minor’s behalf) making a claim against Zero Latency despite the waiver, release and discharge I have given.
AGREEMENT AND ACKNOWLEDGEMENT
I agree that I will use the Zero Latency Facilities in a responsible manner, and with respect for my own safety and the safety of others. I acknowledge that I may be liable to other individuals for their injuries, if such injuries arise from irresponsible, deliberate or reckless behaviour. I agree to pay for any damage caused to any part of the Zero Latency Facilities as a result of irresponsible, deliberate or reckless behaviour.
I agree to pay the cost of and authorise Zero Latency to take all steps it considers reasonably necessary to protect my welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
Where I am responsible for a minor (whether as parent, legal guardian, custodian or otherwise), I agree to be bound by this Waiver and Consent on the minor’s behalf. I take responsibility for the minor’s safety and undertake to directly supervise him/her at all times.
DECLARATION OF GOOD HEALTH
I certify that I and the listed minors are, as at the date of this Waiver and at each visit to the Zero Latency VENUE, in good health and physical condition and free from any medical conditions which may affect or preclude any of us from safely participating in any activities.
I understand that for safety reasons, pregnant women and customers with pre-existing health issues or wearing casts are not permitted in the Zero Latency Facilities. I should seek medical advice if in doubt
PROPERTY AND BELONGINGS
I undertake to look after my own belongings at the Zero Latency Venue and release Zero Latency from any liability for any loss or damage to my property (howsoever caused) in the course of engaging in any Zero Latency Activities.
AUTHORISATION TO USE IMAGES AND PERSONAL INFORMATION:
I acknowledge that Zero Latency may operate closed circuit television or cameras on the Zero Latency Venue and I hereby consent to images and videos being taken for security or promotional purposes of me and/or the listed minors. Such images and videos will be the exclusive property of Zero Latency and I agree to the free publication and/or use in any form or media whatsoever of such images and videos, without payment or compensation of any kind.
This Waiver and Consent applies forever, for any date in the future including today’s date, that I or the listed minors may visit the Zero Latency Venue, and is further binding on the heirs, representatives and estates of the undersigned and minors.
I will comply with all signs, notices, directions, instructions or requests of Zero Latency, and acknowledge that Zero Latency reserves the right (in its absolute discretion) to suspend or cancel any person’s access to any Zero Latency Activities and/or any Zero Latency Facilities, without refund or compensation, for non-compliance with any of Zero Latency’s Conditions of Sale, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the Zero Latency Venue, or if Zero Latency considers that the circumstances so require.
Each of the terms of this Waiver and Consent shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Conditions of Sale, the relevant terms of this Waiver and Consent shall prevail.
Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.
This Waiver and Consent shall be governed by and construed in accordance with the laws of Thailand and the courts of Thailand shall have exclusive jurisdiction over any dispute arising in connection with this Waiver and Consent.
I, for myself and/or for the listed minors as (or as the duly authorised agent of) their parent, legal guardian, custodian, have carefully read this Waiver and Consent, fully understand its terms, and sign it freely and voluntarily.
I understand that I, and the listed minors, have given up substantial rights by signing it, and agree to be bound by its terms for myself and on behalf of the listed minors (including furnishing our particulars and identity documentation during any spot checks carried out by Zero Latency at the Zero Latency Venue from time to time).
I certify and confirm that the information I have entered is accurate and true.