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 (descried below) use of the Gamers World Lounge equipment with various virtual reality content and/ or software (the “Services”), at Gamers World Lounge locations (the “Premises”) (8547 Elk Grove Blvd., Elk Grove, CA 95758).

I acknowledge that my use of Gamers World Lounge 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 eliminate 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, 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. Gamers World Lounge 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 in this activity is purely voluntary and I elect to participate in spite of the risks.

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 Gamers World Lounge will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.

I agree to hold harmless and indemnify Gamers World Lounge from any and all liability for any property damage or personal injury to any third party resulting from my use of Gamers World Lounge equipment. I also agree to indemnify and fully compensate Gamers World Lounge for any property damage I cause to Gamers World Lounge equipment. Furthermore, should Gamers World Lounge or anyone acting on its behalf be required to incur legal fees and costs to enforce the agreement. I agree to indemnify and hold Gamers World Lounge harmless from all fees and costs.

I acknowledge that I have read, viewed or heard that rules governing my participation and or my child/ward’s participation in any activity at Gamers World Lounge Rules to my child/ward. I understand that Gamers World Lounge have been implemented for the safety of all participants at Gamers World Lounge, 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 for Gamers World.

This Agreement services as the complete and exclusive agreement between me and Gamers World Lounge. 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 the 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. I further agree that the arbitration will take place solely in the State of California and that the substantive law of California shall apply. If, despite the representations made in this agreement to defend and indemnify Gamers World Lounge, I agree (i) that any litigation involving the parties to this agreement shall be brought solely within the State of California and shall be governed by the laws of California, and (ii) to pay Gamers World Lounge within 60 days of initiating or filing a lawsuit against Gamers World Lounge liquidated damages in the amount of $5000 plus 12% interest per annum if payment is not made on time. Gamers World Lounge 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 prior written consent.

I further grant Gamers World Lounge the right to photograph, videotape and/or record me and/or my child/ward and to use my or my child/ward’s name, face, likeness, voice and appearance in connection with exhibition, publicity, advertising and promotional materials without reservation, limitation or compensation.

Contact details for Gamers World Lounge can be found on Gamers World www.gamersworldlougne.com Website. All notices regarding this Agreement and Services will be provided in writing 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 Gamers World Lounge to me, or two (2) business days after the date of posting.

Gamers World Lounge offers a variety of software titles with a range of genres and ratings. GWL staff can provide helpful recommendations regarding content, but it is the sole responsibility of the parent/guardian of any patron under the age of eighteen (18) to ensure that the content selected by them is deemed appropriate.

I am responsible and liable for all equipment I use. If I, or my child break a controller, headset, gaming console, CD game, or computer I will pay back the full cost of the device within 3 months from the date I visited. Console controller $70, VR controller $150, PC headphone $50, VR headset $1000, Computer $1500, TV $350, each Station’s Wall $100. Payment arrangements can be made with Gamers World Lounge.

By signing below, I am verifying I have had enough opportunity to read this Agreement and understand and agree to be bound by these terms. I also accept that I will be watching any Gamers World Lounge Virtual Reality tutorial videos presented in its entirety and also accept that any experience involving Gamers World Lounge equipment is dependent only own ability to follow the instructions of the operator.

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Date: 25.02.2019

Time: 10:48 PM

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