Terms and Conditions

TO: DiVRgence Entertainment LLC, a limited liability company organized pursuant to applicable state law, its members, owners, affiliates, employees, managers, agents, directors, officers, and all persons or entities serving at the request of the Company (hereinafter referred to as “DiVRgence”):

 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 virtual reality equipment with various virtual reality content and/or software (the "Services"), at DiVRgence (the "Premises").

 IN CONSIDERATION OF DIVRGENCE allowing the User to use the Services, the User agrees as follows:

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. If I do not have the capacity to enter into a legal agreement, 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. I acknowledge that my use of virtual reality equipment 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 leaving the Premises. DIVRGENCE 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/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that DIVRGENCE 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 DiVRgence, its representatives, affiliates, suppliers, or other third parties with which DiVRgence 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 DiVRgence and to waive any and all claims, demands, or causes of action, that I have or may have in the future against DiVRgence, and to release DiVRgence 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. 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 on the part of DiVRgence and further including the failure on the part of DiVRgence to safeguard or protect me from the risks, dangers and hazards of the virtual reality equipment and various virtual reality content and/or software (hereinafter referred to as "claims")

6. I agree to hold harmless and indemnify DIVRGENCE from any and all liability for any property damage or personal injury to any third party resulting from my use of virtual reality equipment. I also agree to indemnify and fully compensate DIVRGENCE for any property damage I cause to DIVRGENCE property, including but not limited to virtual reality equipment, resulting from my use of virtual reality equipment. Furthermore, should DIVRGENCE or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold DIVRGENCE harmless from all such fees and costs.

 7. ACKNOWLEDGMENT AND UNDERSTANDING: I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL THE PROVISIONS OF THIS RELEASE AGREEMENT AND AM FREELY, KNOWINGLY, AND VOLUNTARILY ENTERING INTO THIS AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP CERTAIN LEGAL RIGHTS BY SIGNING IT INCLUDING THE RIGHT TO SUE.

 EACH PARTICIPANT MUST BE LISTED ON A SIGNED RELEASE AGREEMENT. (Typed name(s) and email is equivalent to a signature)