Customer Waiver

PLEASE READ THIS DOCUMENT CAREFULLY

BY AGREEING TO THIS DOCUMENT, YOU ARE PROVIDING YOUR WAIVER AND CONSENT AS SET OUT BELOW.

In consideration of the services and facilities offered and/or provided by Forever Land LLP (trading under the brand of “Forever Land”) its employees, directors and agents, and all other persons or entities acting in any capacity on behalf thereof (collectively, “Forever Land”), I hereby acknowledge and agree to the following terms of this document (this “Waiver and Consent”):

CAPACITY AND AUTHORITY

I have attained 18 years of age, and am accepting and agreeing to this Waiver and Consent on my own behalf, and/or on behalf of the participants under the age of 18 (“minors”) as, or as duly authorized agent on behalf of, their parent or legal guardian.

In relation to minors, I represent that I have full authority as, or on behalf of, the parent or legal guardian of the minors to accept the terms of this Waiver and Consent on their behalf.

ASSUMPTION AND ACKNOWLEDGEMENT OF ALL RISKS

Forever Land is the supplier of virtual reality gaming services and facilities offered and / or provided by Forever Land at its premises (the “Forever Land Venue”) including, but not limited to, gaming, simulation walk-throughs, training exercises, use of motion capture and tracking technology, use of wireless controllers, use of haptic feedback technology, use of head mounted virtual reality displays, use of room scale tethered virtual reality simulation technology and equipment, recreation and waiting areas, equipment rental and maintenance, use of tracking spaces and/or any equipment or item on the Forever Land Venue (collectively, the “Forever Land Facilities”), the use, rental or maintenance of any item or equipment in, and the use of, any Forever Land Facilities and any activities whatsoever (including but not limited to any training classes, instructions and/or courses) (collectively, the “Forever Land Activities”) in the Forever Land Venue.

I acknowledge and understand that the Forever Land Activities have certain inherent risks and hazards that cannot be eliminated without jeopardizing the essential qualities of the Forever Land Activities and the use of the Forever Land Facilities. Any participation in the Forever Land Activities, use or misuse of the Forever Land Facilities, Forever Land equipment and/or Forever Land Venue involves a significant risk to Participants. Such risks could include, but are not limited to, cuts and bruises, falls, broken bones, injuries to face, arms, legs, ankles, backs, heads and necks, injuries from contact with other participants, spinal injuries, other serious injuries, permanent disability and/or even death.

To enter virtual reality, I will have to wear a headset which will totally block my view of my real location, and headphones that will prevent me from hearing the outside world. I will communicate with my party and Forever Land team members through the built-in communications system. In the event of a fire alarm, the system will shut down immediately. If this happens, I shall remove the headset and take instructions from Forever Land team members.

My view of the virtual world can be shown on monitors at Forever Land Venue. Forever Land team members can always see this view. Some multiplayer experiences will allow me to see, and be seen by people online from anywhere in the real world in virtual reality, so I will be mindful of my actions and language, respecting other children and adults who may be in the virtual world with me.

Many titles have an age rating or suggestion. Players will be able to choose any title. It is the players (or player’s guardian if under 18) responsibility to check and ensure that the selected games are appropriate.

Online – Some games allow access to the internet and can allow interaction, including audio and gestures which Forever land will have absolutely no control over. Unfortunately, this means inappropriate behaviour and verbal comments can be easily encountered, and all users should be aware that any online game will allow this to happen. Forever Land cannot police this and are therefore unable to guarantee this will not happen if an online title is selected.

In Store – Some players and users of virtual reality can be easily shocked or surprised, both pleasantly and not, which can result in some people shouting expletives. Forever Land and its staff will do all it can to stop this but it is obviously impossible for them to stop it entirely. I, as a player, shall respect others in the locations.

I agree to voluntarily participate in the Forever Land Activities and/or use the Forever Land Facilities and the Forever Land Venue at my own risk, and expressly assume and accept all risks in relation thereto.

WAIVER, RELEASE AND DISCHARGE

To the fullest extent permitted by law, I hereby waive any and all claims, suits or demands arising out of, and the right to sue Forever Land for, and release and discharge Forever Land from any liability for any personal injury or death in any way whatsoever caused by or relating to the Participant’s participation in such activities howsoever caused, save and to the extent found to be directly caused by Forever Land’s negligence; and any property damage or other loss, including but not limited to any and all negligence, negligent supervision and/or negligent instruction, faulty equipment, or the activities of others.

INDEMNITY

To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless Forever Land against all and any losses, claims, proceedings, damages, liabilities (whether joint or several), costs and expenses (including reasonable legal fees), whether as a result of my or any of the minor’s own negligence, omission, act, conduct or behaviour otherwise whilst participating in the Forever Land Activities, using the Forever Land Facilities or otherwise being in the Forever Land Venue, and/or arising in connection with or as a result of (or anyone on my or any minor’s behalf) making a claim against Forever Land despite the waiver, release and discharge I have given.

AGREEMENT AND ACKNOWLEDGEMENT

I agree that I will use the Forever Land Facilities in a responsible manner, and with respect for my own safety and the safety of others. I acknowledge that I may be liable to other individuals for their injuries, if such injuries arise from irresponsible, deliberate or reckless behaviour. I agree to pay for any damage caused to any part of the Forever Land Facilities as a result of irresponsible, deliberate or reckless behaviour.

I agree to pay the cost of and authorize Forever Land to take all steps it considers reasonably necessary to protect my welfare in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.

Where I am responsible for a minor (whether as parent, legal guardian, custodian or otherwise), I agree to be bound by this Waiver and Consent on the minor’s behalf. I take responsibility for the minor’s safety and undertake to directly supervise him/her at all times.

DECLARATION OF GOOD HEALTH

I certify that I and the minors are, as at the date of this Waiver and at each visit to the Forever Land Venue, in good health and physical condition and free from any medical conditions which may affect or preclude any of us from safely participating in any activities.

I understand that for safety reasons, pregnant women and customers with pre-existing health issues or wearing casts are not permitted in the Forever Land Facilities. I should seek medical advice if in doubt.

I will NOT use the virtual reality equipment:

  1. If I have any communicable or infectious disease or illness, skin disorder, large cuts, open sores or wounds
  2. If I am under the influence of alcohol or drugs
  3. If I am epileptic, unless in my opinion of my physician, my epilepsy is under medical control so that I am in sufficient control of my seizures not to endanger myself

I hereby declare that I either (1) do not suffer from any of the following conditions or (2) suffer from one or more (1+) of the following conditions, but has elected to participate in Forever Land Activity despite such condition(s):

  1. Suffering from any heart or respiratory condition(s), including high blood pressure
  2. Back, joint, or other orthopaedic conditions
  3. Diagnosed with any anxiety disorder, mood disorder, or post-traumatic stress disorder
  4. Difficulty performing physical exercise or other physical activities
  5. Existing medical restriction on physical activity
  6. Photosensitivity
  7. Diagnosis of carpal tunnel or tendinitis

LIST OF POTENTIAL ISSUES THAT I MAY BE AFFECTED BY. I HAVE READ CAREFULLY AND CONSIDERED HOW THEY MAY AFFECT ME BEFORE SIGNING THIS WAIVER AND ENTERING VIRTUAL REALITY.

  1. Eye strain
  2. High volumes in the headphones (there is a volume control)
  3. Flickering screens and flashing images which could trigger underlying health conditions
  4. Motion sickness including nausea, vomiting and vertigo
  5. Equipment may affect some medical devices such as cardiac pacemakers, etc.
  6. The equipment and media content of some experiences may affect those with pre-existing medical or mental health conditions
  7. May affect pregnant women adversely
  8. It is possible to feel claustrophobia, panic, or other phobias
  9. Objects in the real world may not be visible in the virtual world
  10. Objects in the virtual world may not exist in the real world
  11. Feelings of disorientation may be felt at the end of the experience
  12. Repeated use may exaggerate the effects above

I shall stop use of the virtual reality equipment if I feel any discomfort whatsoever.

PROPERTY AND BELONGINGS

I undertake to look after my own belongings at the Forever Land Venue and release Forever Land from any liability for any loss or damage to my property (howsoever caused) in the course of engaging in any Forever Land Activities.

AUTHORIZATION TO USE IMAGES AND PERSONAL INFORMATION

I acknowledge that Forever Land may operate closed circuit television or cameras on the Forever Land Venue and I hereby consent to images, audios and videos being taken for security or promotional purposes of me and/or the minors. Such images, audios and videos will be the exclusive property of Forever Land and I agree to the free publication and/or use in any form or media whatsoever of such images, audios and videos, without payment or compensation of any kind.

I understand that Forever Land may collect, use and/or disclose of any personal information provided by me in accordance with its Privacy Policy (a copy of which I have read), and I hereby consent to such collection, use and disclosure of such personal information by Forever Land.

GENERAL

This Waiver and Consent applies forever, for any date in the future including today’s date, that I or the minors may visit the Forever Land Venue, and is further binding on the heirs, representatives and estates of me or the minors.

I will comply with all signs, notices, directions, instructions or requests of Forever Land, and acknowledge that Forever Land reserves the right (in its absolute discretion) to suspend or cancel any person’s access to any Forever Land Activities and/or any Forever Land Facilities, without refund or compensation, for non-compliance with any of Forever Land’s Conditions of Sale, signs, notices, directions, instructions or requests, for any unsafe, reckless or careless conduct, to ensure the safety, security or order at the Forever Land Venue, or if Forever Land considers that the circumstances so require.

Each of the terms of this Waiver and Consent shall be subject to and shall apply to the fullest extent permitted by law. In the event of any conflict with the Conditions of Sale, the relevant terms of this Waiver and Consent shall prevail.

Any provision stated herein which is held to be illegal, invalid or unenforceable will be ineffective solely to the extent of such illegality, invalidity or unenforceability, without affecting the other provisions herein which shall remain in full force and effect, and will be deemed to be amended as necessary to give effect as close as possible to the intent and purposes of the illegal, invalid or unenforceable provision.

This Waiver and Consent shall be governed by and construed in accordance with the laws of India and the courts of India shall have exclusive jurisdiction over any dispute arising in connection with this Waiver and Consent.

I, for myself and/or for the minors as (or as the duly authorized agent of) their parent, legal guardian, custodian, have carefully read this Waiver and Consent, fully understand its terms, and sign it freely and voluntarily.

I understand that I, and the minors, have given up substantial rights by signing it, and agree to be bound by its terms for myself and on behalf of the minors (including furnishing our particulars and identity documentation during any spot checks carried out by Forever Land at the Forever Land Venue from time to time).

I certify and confirm that the information I have entered is accurate and true.

TERMS AND CONDITIONS

  1. I AM AT LEAST 18 YEARS OLD AND I HAVE READ AND AGREE TO THE TERMS OF THIS WAIVER AND CONSENT FOR MYSELF.
  2. I AM THE PARENT OR LEGAL GUARDIAN OF THE MINORS OR AM THE DULY AUTHORIZED AGENT OF THE PARENT OR LEGAL GUARDIAN OF THE MINORS AND HAVE DUE AUTHORITY TO AGREE TO THE TERMS OF THIS WAIVER AND CONSENT ON THEIR BEHALF.
  3. I HAVE READ AND AGREE TO THE TERMS OF FOREVER LAND, CONDITIONS OF SALE, AND PRIVACY POLICY.

By submitting the acknowledgement code received on your mobile number provided at the time of registration, you are electronically certifying this Waiver and Consent, as well as Forever Land Conditions of Sale, just as if you would physically sign it, if it was on paper.