LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT
If you are under 13 you may not participate unless your parent and/or legal guardian Accepts this Release.
On behalf of all ticketed members of your party, you have voluntarily elected to participate in a virtual reality experience and related activities (the “Experience”) provided by, or on behalf of, Entertainment Merchandise NY, Inc. a New York Corporation and its related and affiliated entities and divisions (collectively “WB”) with support from Dreamscape Immersive, Inc., a Delaware corporation and (WB and Dreamscape collectively shall be referred to as the “Companies”). As a condition to such participation, or the participation of any minor between the ages of ten (10) and thirteen (13) under your legal custody, supervision or control (the “Minor”), if applicable, you are required to accept this Liability Release and Indemnification Agreement (this “Release”). You and all members of your ticketed party, including Minors, if applicable, are sometimes referred to hereinafter individually as “Participant” and collectively as “Participants.”
In consideration for the Participants’ participation in the Experience, and as a condition to such participation, by clicking Accept below, on behalf of yourself and any other person or entity claiming through the Participant, including, but not limited to, your spouse, and you and your spouse’s respective heirs, executors, administrators and assigns, you hereby voluntarily:
- Acknowledge that participation in the Experience and certain activities in which Participants will engage are potentially dangerous and involve serious risks, including, but not limited to, illness, nausea, motion sickness, serious injury, death and/or property
- Acknowledge that seeking professional medical advice prior to participating is recommended if any Participant has a medical condition that may be affected by the Experience.
- Acknowledge that due to safety reasons, participation in the Experience may not be appropriate for pregnant women and persons suffering from epilepsy, heart conditions, hearing or visual impairments and other disabilities.
- Acknowledge that Participants are not under the influence of drugs or intoxicated from alcohol. Drugs and/or intoxication from alcohol would impair Participant’s ability to maintain Participant’s safety awareness and/or endangers others. Participants understand that participating in the Experience while under the influence of drugs and/or intoxicated from alcohol is strictly prohibited.
- Acknowledge that Participants will not smoke nor vape during the Experience. Participants understand that using cigarettes and/or e-cigarettes during the Experience is strictly prohibited.
- Acknowledge and assume full responsibility (financial or otherwise) for any and all risks arising out of or in any way relating to the Participants’ involvement in the Experience, whether foreseeable or unforeseeable, and whether caused by the negligence (including gross negligence) of the Companies or any of their owners, officers, directors, employees, affiliates, partners, representatives, agents, contractors, licensors or landlords, or the officers, directors, employees, representatives, agents or assigns of any of the foregoing (collectively, the “Releasees”), whether or not such risks are specifically identified or referenced in this Release.
- Assume full responsibility for the Participants’ adherence to the safety guidelines.
- Acknowledge that there may be claims, risks or facts relating to the Experience of which you are not currently aware. You intend to grant the Releasees a full and final release of all claims, whether known or unknown.
- RELEASE, DISCHARGE, WAIVE AND RELINQUISH ANY AND ALL ACTIONS OR CAUSES OF ACTION AGAINST THE COMPANIES, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND STRICT LIABILITY, FOR PERSONAL INJURY (PHYSICAL OR PSYCHOLOGICAL), PROPERTY DAMAGE OR WRONGFUL DEATH OCCURRING TO THE PARTICIPANTS ARISING OUT OF OR RELATING TO ANY INVOLVEMENT IN THE EXPERIENCE or any activities incidental thereto, wherever or however the same may occur and for whatever period such activities may continue, including, but not limited to, actions or causes of action arising out of or in any way relating to activities in which you participate during the Experience, actions or causes of action arising out of or in any way relating to the failure of others to follow the safety guidelines of the Experience and actions or causes of action arising out of or in any way relating to activities to which you are exposed during the Experience which you independently attempt to replicate after your participation in the Experience.
- You understand that the Participants may be photographed, videoed or recorded (the “Recordings”) during the Experience and you hereby grant WB and its affiliates permission to use the Recordings, including the Participants’ likeness, in their sole discretion for research, promotional and marketing purposes in any and all media, now known or hereafter devised, without compensation.
- Agree that the Participants are in good health and have no medical conditions that may be adversely affected by the Participants’ involvement in the Experience.
- Agree that this Release shall be governed by the laws of New York, without reference to conflict of law principles
- Agree to INDEMNIFY AND HOLD THE COMPANIES HARMLESS from and against any and all losses, liabilities, claims (including those of negligence and gross negligence), obligations, costs, injuries (including death, damages, or personal injury), and/or expenses INCURRED BY THE COMPANIES whatsoever, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments directly or indirectly arising out of any Participants’ participation, or relating to any acts or omissions while participating, in the Experience.
- PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- U. S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Companies’ intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and the Companies arising under this Release shall be resolved through final and binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any New York state or federal court and shall follow New York substantive law in adjudicating the dispute, except that this Section 13(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and the Companies agree that we intend that this Section 14(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the country that encompasses the billing address you have provided to the Companies. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
- If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect.
By clicking Accept below, you agree on behalf of the Participants (i) that you have read and fully understand this Release in its entirety and that this Release cannot be modified orally, (ii) that you are giving up substantial legal rights by accepting this Release, including the right to recover damages in case of injury, death or property damage, (iii) that you are aware of the legal consequences of accepting this Release, (iv) that you have accepted this Release freely and voluntarily without any inducement, assurance or guarantee being made to you, (v) that you intend for this Release to be a complete and unconditional release of all liability of the Releasees to the greatest extent allowed by law and (vi) that you agree to indemnify and hold harmless the Companies with respect to any damages incurred by the Companies as a result of any Participant’s participation in the Experience, as provided in Section 13 of this Release. You acknowledge that you understand the risks associated with participating in the Experience and have had the opportunity to personally discuss with a representative of WB the potential risks and dangers incidental to participating in the Experience.
Important Privacy Notice to Parents of Children Under 13
Parent and/or Legal Guardian: I verify that I am the parent and/or legal guardian of the Minor, and that I have the authority to enter into this agreement on behalf of the Minor, if applicable.