Legal

MetaVersive Arena Participant Waiver

This is the waiver guests sign before they play. Read it here before your visit.

LONG ISLAND VR LLC DBA METAVERSIVE ARENA
PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Long Island VR LLC dba MetaVersive Arena
1500 Old Country Rd, 2nd Floor, Unit 204
Westbury, NY 11590

I have voluntarily elected to use, and/or I have voluntarily elected to allow the minor child(ren) or disabled person for whom I am the guardian (collectively referred to herein as the “Child”) identified below to use the facilities and equipment of Long Island VR LLC dba MetaVersive Arena, located at 1500 Old Country Rd, 2nd Floor, Unit 204, Westbury, NY 11590 (“Long Island VR LLC dba MetaVersive Arena”).

In consideration for being allowed to use, or observe others using, said facilities and equipment, and any other services provided by Long Island VR LLC dba MetaVersive Arena, its employees, or agents (collectively, “Long Island VR LLC dba MetaVersive Arena Attractions”), I represent, acknowledge, and agree as follows:

General Release

I acknowledge and agree that this Participant Waiver, Release, Assumption of Risk and Indemnification Agreement (the “Agreement”) covers and is intended to release and provide other benefits, legal protections, and consideration to Long Island VR LLC dba MetaVersive Arena, and its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, the “Releasees”).

Release of Potential Injuries for Long Island VR LLC dba MetaVersive Arena Attractions

I acknowledge that Long Island VR LLC dba MetaVersive Arena Attractions may include virtual reality, augmented reality, mixed reality, free-roam immersive experiences, interactive games, immersive escape rooms, and other immersive experiences offered by Long Island VR LLC dba MetaVersive Arena.

I agree that the use of these attractions, or observation of others using these attractions, has inherent and obvious dangers. These risks include serious physical or emotional injury, paralysis, death, damage to me, the Child, and/or third parties, and may include damage to personal property of any or all such persons.

I understand that these risks are inherent in the essential qualities of the activities and cannot be completely removed without substantially changing the activity. I further agree that these activities are for recreational purposes and completely voluntary. I also agree to use Long Island VR LLC dba MetaVersive Arena Attractions in a safe and responsible manner.

Release of Potential Infection of Disease and Viruses

I acknowledge that Long Island VR LLC dba MetaVersive Arena is a public location with many guests and employees who utilize the space on a daily basis.

I further recognize that while Long Island VR LLC dba MetaVersive Arena practices appropriate and reasonable cleaning practices, I could still potentially get infected with a disease or virus, including, but not limited to COVID-19, through my participation in, or observation of others participating in, Long Island VR LLC dba MetaVersive Arena Attractions.

I fully release Releasees from any claim against them regarding the contraction of a disease or virus for myself or the Child.

Voluntary Assumption of Risk

I acknowledge and agree that the Child and I are participating voluntarily at our own risk.

I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Long Island VR LLC dba MetaVersive Arena employees could cause me or the Child significant bodily injury, and that Long Island VR LLC dba MetaVersive Arena is not responsible for the actions or activities of customers using Long Island VR LLC dba MetaVersive Arena Attractions or the negligence of its employees in supervising Long Island VR LLC dba MetaVersive Arena Attractions, including actions, activities, or omissions that result in such harm.

I specifically acknowledge and assume the risk that participants may:

1. Die or become paralyzed, partially or fully, through their use of Long Island VR LLC dba MetaVersive Arena facilities and participation in Long Island VR LLC dba MetaVersive Arena Attractions;
2. Suffer cuts, scrapes, bumps, bruises, sprains, pulls, breaks, or otherwise seriously externally or internally injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body part as a result of falling, losing balance, colliding with other participants or objects, or making contact with equipment or surroundings;
3. Suffer from the transmission of disease strains and allergic reactions or suffer heat stroke, heart attacks, dehydration, and other exertion-related medical events through use of Long Island VR LLC dba MetaVersive Arena facilities or Long Island VR LLC dba MetaVersive Arena Attractions;
4. Suffer from dizziness, disorientation, nausea, motion sickness, headaches, eye strain, fatigue, loss of spatial awareness, or other physical or emotional effects associated with virtual reality, augmented reality, mixed reality, or other immersive experiences;
5. Suffer injuries resulting from unexpected movement, contact with other participants, physical surroundings, equipment, obstacles, or other conditions associated with Long Island VR LLC dba MetaVersive Arena Attractions; or
6. Suffer similar physical injury from observing, standing, sitting, or taking photographs at or near any Long Island VR LLC dba MetaVersive Arena Attractions, even if the observer is not participating.

Agreement to Pay My Own Medical Expenses

I acknowledge, accept, and assume the risk of any medical conditions, limitations, or disabilities (whether temporary or permanent) that the Child or I possess, whether known or unknown, which might contribute to or exacerbate any injury or illness that the Child or I might sustain as a result of using Long Island VR LLC dba MetaVersive Arena Attractions.

I acknowledge and agree that if medical assistance of any form, including emergency care, hospitalization, outpatient care, and/or physical or occupational therapy, is required or performed as a result of any injury I or the Child sustain while using Long Island VR LLC dba MetaVersive Arena Attractions, such assistance shall be at my own expense.

Arbitration

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHERS USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN NASSAU COUNTY, NEW YORK BEFORE ONE ARBITRATOR. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

The Arbitration shall be in accordance with the JAMS Rules of Arbitration. I understand that by agreeing to arbitrate any dispute as outlined in this section, I am waiving my right, and the right(s) of the Child, to maintain a lawsuit against Releasees. Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Child, and Long Island VR LLC dba MetaVersive Arena will NOT have the right to have claim(s) determined by a jury.

Time Limit to Bring Claim(s)

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHERS USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury).

Photo / Video / Social Media Waiver

In connection with my and the Child’s use of Long Island VR LLC dba MetaVersive Arena facilities and attractions, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”).

I hereby consent to and authorize Long Island VR LLC dba MetaVersive Arena, and its agents, representatives, employees, successors, and assigns, to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting, and/or publicizing any Long Island VR LLC dba MetaVersive Arena facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any claims that the Child or I may have in connection with the Recordings.

Parent or Guardian Consent

I have read and understand the terms of this Agreement and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers, and releases on behalf of both myself and my child or ward. All such terms, statements, warranties, notices, representations, waivers, and releases fully apply to my child or ward as if I were the participant. I understand that, by signing this Parent or Guardian Consent, I am giving up important legal rights both on behalf of myself and the Child regarding potential rights and claims against Long Island VR LLC dba MetaVersive Arena.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I hereby warrant and represent that if I am neither the Child’s Parent nor legal Guardian, I have been granted the express authority to execute this Agreement by, and on behalf of, the Child’s Parent or Guardian.

Parent or Guardian Indemnification

AS THE INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF A MINOR OR OTHER INDIVIDUAL, I AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS RELEASEES, FOR ANY AND ALL CLAIMS CONNECTED WITH, ARISING OUT OF, OR RESULTING FROM THE INDIVIDUAL OR THE CHILD'S USE OF LONG ISLAND VR LLC dba MetaVersive Arena FACILITIES OR ATTRACTIONS.

Final Release and Acknowledgment

BY SIGNING THIS DOCUMENT, I REPRESENT THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS, CAUSES OF ACTION FOR MY OR THE CHILD’S LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, WHETHER OR NOT KNOWN OR ANTICIPATED, THAT OCCUR WHILE ON THE PREMISES OF LONG ISLAND VR LLC dba MetaVersive Arena. I FURTHER UNDERSTAND AND AGREE TO INDEMNIFY THE RELEASEES FOR ANY LIABILITY FOR ANY INJURY, DAMAGE, OR LOSSES OF ANY KIND CAUSED BY MY NEGLIGENT OR INTENTIONAL ACTS WHILE ON THE PREMISES OF LONG ISLAND VR LLC dba MetaVersive Arena. THE SIGNATURE BELOW IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER, RELEASE, AND INDEMNIFICATION OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.

I represent that I am 18 years of age or older. For minors, the Parent or Guardian Consent section must be completed by the appropriate Parent or Court-Appointed Legal Guardian. I represent that I have had ample time to read this Agreement and that I have entered into this Agreement voluntarily, freely, under no threat of duress, without inducement, promise, or guarantee being communicated to me.

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