PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE. BY SIGNING OUR ELECTRONIC WAIVER, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THESE TERMS.

This Liability Waiver and Assumption of Risk (“Waiver”) is a binding agreement between The VR Arena, LLC d/b/a Infinity Zone VR Arena (“Infinity Zone VR Arena”, “we”, “us”, or “our”) and each individual participant (“Participant”, “you”, or “your”). If you sign on behalf of a minor, “you” includes both the minor Participant and you as the minor’s parent or legal guardian.

By participating in our activities, you understand that you will be asked to sign this Waiver electronically (for example, via our Smartwaiver system) and that your participation is conditioned on that electronic signature.

1. PARTICIPANT INFORMATION

I understand that this waiver applies to my use of the virtual reality (“VR”) equipment, facilities, attractions, and services provided by The VR Arena, LLC d/b/a Infinity Zone VR Arena (“Infinity Zone VR Arena,” “we,” “us,” or “our”) at 1108 N Greenville Ave, STE 110, Allen, TX 75002.

If I am signing on behalf of a minor, the term “Participant” includes both me and each minor Participant identified on this waiver.

I confirm that all information provided on this waiver, including names, dates of birth, and contact information, is true, accurate, and complete

2. AGE, SUPERVISION, AND ELIGIBILITY

• I understand that participation is subject to Infinity Zone VR Arena’s minimum age requirements and other eligibility rules.

• I understand that minors must be accompanied and supervised in accordance with Infinity Zone VR Arena’s posted policies.

• If I am a parent or legal guardian, I accept full responsibility for the supervision, conduct, and safety of each minor Participant listed on this waiver.

I CONFIRM THAT ALL INFORMATION PROVIDED IN THIS WAIVER IS TRUE AND ACCURATE.

 

3. DESCRIPTION OF VR ACTIVITIES AND RISKS

I understand that Infinity Zone VR Arena provides immersive virtual reality experiences that involve wearing a headset, using handheld controllers, moving around a designated play area, and interacting with virtual environments while my vision may be partially or fully obscured.

I understand that participation involves inherent and unavoidable risks, including but not limited to:

• Slips, trips, falls, loss of balance, and other accidents.

• Collisions with walls, barriers, props, equipment, staff, or other participants.

• Accidental physical contact with other participants during gameplay.

• Sprains, strains, bruises, cuts, and other injuries resulting from movement, loss of balance, or contact with persons or objects.

• Motion sickness, dizziness, disorientation, nausea, vertigo, eye strain, headaches, fatigue, or loss of balance.

• Impaired depth perception, balance, situational awareness, and ability to perceive real-world obstacles while immersed in virtual environments.

• Exacerbation of existing medical conditions, including heart, lung, circulatory, neurological, seizure-related, musculoskeletal, or balance-related conditions.

• Seizures, fainting, or loss of consciousness triggered by visual or audio stimuli.

• Emotional distress, anxiety, fear responses, or discomfort resulting from immersive content.

• Property damage, bodily injury, serious injury, disability, or death.

I understand that not all risks can be predicted, identified, or eliminated and that these risks are inherent in the nature of VR activities.

4. HEALTH AND MEDICAL CONDITIONS

By signing this waiver, I acknowledge and represent that:

• I am physically and mentally capable of participating in the activities offered.

• I understand that certain medical conditions may increase the risks associated with participation, including heart, lung, circulatory, neurological, seizure-related, vision, balance, or musculoskeletal conditions, and I have determined that participation is appropriate for me.

• If I am pregnant, believe I may be pregnant, or have any medical concerns regarding participation, I have consulted with an appropriate medical professional before participating.

• I am not under the influence of alcohol, illegal drugs, or any medication that may impair my judgment, balance, coordination, reaction time, or ability to safely participate.

• I understand that VR experiences may involve flashing lights, rapid visual movement, loud sounds, physical movement, and psychological stressors that may affect certain individuals differently.

I understand that Infinity Zone VR Arena staff are not medical professionals and cannot evaluate my fitness for participation.

I agree to immediately stop participating and notify staff if I experience dizziness, nausea, pain, disorientation, discomfort, or any other condition that may affect my safety.

 

5. RULES OF CONDUCT AND EQUIPMENT CARE

I agree to:

• Follow all posted rules, warnings, policies, and staff instructions.

• Use all equipment only as instructed.

• Refrain from running, pushing, striking, horseplay, reckless conduct, or any behavior that may endanger myself or others.

• Wear and use all equipment properly.

I understand that VR equipment is fragile and expensive.

I agree to reimburse Infinity Zone VR Arena for damage to equipment or facilities resulting from my intentional misconduct, reckless behavior, unauthorized use of equipment, or failure to follow safety instructions.

I understand that Infinity Zone VR Arena is not responsible for the loss, theft, or damage of my personal property.

6. SAFETY INSTRUCTIONS AND BRIEFING

I acknowledge that I have been given the opportunity to review all safety instructions, facility rules, warnings, and operating procedures before participating.

I understand that I may ask questions at any time and that it is my responsibility to seek clarification if I do not understand any instruction, warning, or safety procedure.

I agree to immediately follow all instructions provided by Infinity Zone VR Arena staff before, during, and after participation.

7. ASSUMPTION OF RISK

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I FREELY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ARISING OUT OF OR RELATED TO MY PARTICIPATION (AND ANY MINOR PARTICIPANT’S PARTICIPATION) IN VR ACTIVITIES AND MY PRESENCE (AND ANY MINOR PARTICIPANT’S PRESENCE) ON OR ABOUT THE PREMISES OF INFINITY ZONE VR ARENA.

I UNDERSTAND AND AGREE THAT THIS INCLUDES RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF INFINITY ZONE VR ARENA, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LANDLORDS, SUCCESSORS, ASSIGNS, AFFILIATES, AND INSURERS, EXCEPT TO THE EXTENT PROHIBITED BY LAW.

I UNDERSTAND THAT PARTICIPATION IS VOLUNTARY AND THAT I MAY CHOOSE NOT TO PARTICIPATE OR TO STOP PARTICIPATING AT ANY TIME. 

8. RELEASE OF LIABILITY AND WAIVER OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE INFINITY ZONE VR ARENA AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LANDLORDS, SUCCESSORS, ASSIGNS, AFFILIATES, AND INSURERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, LIABILITIES, OR OBLIGATIONS OF ANY KIND ARISING OUT OF OR RELATED TO MY PARTICIPATION (OR A MINOR PARTICIPANT’S PARTICIPATION) IN VR ACTIVITIES OR MY PRESENCE (OR A MINOR PARTICIPANT’S PRESENCE) ON OR ABOUT THE PREMISES OF INFINITY ZONE VR ARENA.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT TO THE EXTENT SUCH RELEASE IS PROHIBITED BY APPLICABLE LAW.

9. INDEMNIFICATION

I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of:

• My actions, omissions, or conduct;

• The actions, omissions, or conduct of any minor Participant listed on this waiver; or

• Any violation of this waiver by me or any minor Participant listed on this waiver.

 

10. EMERGENCY MEDICAL TREATMENT

I authorize Infinity Zone VR Arena and its personnel to obtain emergency medical assistance or treatment for me or any minor Participant listed on this waiver if, in their judgment, such assistance appears necessary.

I understand that Infinity Zone VR Arena is under no obligation to provide medical care and assumes no responsibility for the quality, nature, timing, or outcome of any medical treatment obtained.

I agree that I am solely responsible for all costs associated with medical treatment, transportation, emergency services, or related care.

11. MINOR PARTICIPANTS

If I am signing as the parent or legal guardian of a minor Participant:

• I certify that I am the parent or legal guardian of each minor Participant listed on this waiver, or that I otherwise possess legal authority to execute this waiver on the minor’s behalf.

• I consent to each minor Participant’s participation in VR activities.

• I agree to all terms of this waiver on behalf of each minor Participant.

• I understand that Infinity Zone VR Arena may rely upon my representations regarding my authority to sign for each minor Participant.

• I accept responsibility for supervising each minor Participant in accordance with Infinity Zone VR Arena policies.

12. GOVERNING LAW AND VENUE

THIS WAIVER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.

ANY DISPUTE ARISING FROM OR RELATING TO THIS WAIVER, PARTICIPATION IN ACTIVITIES, OR PRESENCE ON THE PREMISES SHALL BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION LOCATED IN COLLIN COUNTY, TEXAS.

13. ELECTRONIC SIGNATURES

I AGREE THAT MY ELECTRONIC SIGNATURE, ELECTRONIC INITIALS, ACKNOWLEDGMENTS, AND ACCEPTANCE OF THIS WAIVER SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS AN ORIGINAL HANDWRITTEN SIGNATURE.

I FURTHER AGREE THAT ELECTRONIC RECORDS MAINTAINED BY INFINITY ZONE VR ARENA MAY BE INTRODUCED AND RELIED UPON AS EVIDENCE OF MY ACCEPTANCE OF THIS WAIVER.

14. SEVERABILITY

IF ANY PROVISION OF THIS WAIVER IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

I HAVE READ THIS WAIVER IN ITS ENTIRETY AND AGREE TO BE BOUND BY ITS TERMS. 

I UNDERSTAND THAT THIS WAIVER CONTAINS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. 

I UNDERSTAND THAT PARTICIPATION IN VIRTUAL REALITY ACTIVITIES INVOLVES INHERENT RISKS OF INJURY. 

15. ACKNOWLEDGMENT

BY SIGNING THIS WAIVER, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.

I UNDERSTAND THAT I AM ASSUMING SIGNIFICANT LEGAL RISKS AND GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CLAIMS AGAINST THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.

I SIGN THIS WAIVER FREELY, VOLUNTARILY, AND WITHOUT INDUCEMENT AND INTEND MY SIGNATURE TO SERVE AS A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.