This Agreement governs the participant’s use of HMT Entertainment Inc. virtual reality gaming equipment, software and content. This Agreement contains important information regarding the risks involved in participating in virtual gaming activity and affects the participant’s legal rights – please review carefully before agreeing to these terms.
In consideration of HMT permitting the Participant and its parent or guardian, if applicable, access to HMT’s virtual reality gaming facility at the below listed location and the use of HMT’s virtual reality gaming equipment, software and content the Participant or the Participant’s parent or guardian, as applicable, agree as follows:
“Activity” means virtual reality gaming
The words “I” or “me” in this document refer to the Participant or the parent or guardian of the Participant, as applicable.
“Participant” means the person engaged in the Activity at the Facility.
“Facility” means the virtual gaming facility operated by HMT Entertainment Inc. and located at ….
“Released Parties” means HMT Entertainment Inc, its shareholders, directors, officers, employees and agents, and their respective administrators, successors and assigns.
HMT Entertainment Inc cards: authorized gaming cards that is issued by HMT Entertainment Inc for sole purpose of VR gaming.
Other reasonable persons: any other reasonable persons who uses this signer’s HMT Entertainment Inc cards.
Warranty as to age
I warrant that I am at least 18 years old of age. Where this agreement is being entered into by a parent, guardian or other person for and on behalf of a Participant who is under 18 years of age, (the “Minor Participant”) the person entering into this agreement warrants that he/she has authority to do so.
Acknowledgment of Inherent Risks
I acknowledge that the Activity involves certain risks that could result in physical or emotional injury to the Participant, including disability or death, damage to property or harm to other third parties or damage to their property. The risks include but are not limited to motion sickness, loss of awareness, disorientation, nausea, vomiting, dizziness, blurred or other vision impairments, fatigue, headaches, impaired balance or coordination, possibility of slipping or falling during or after each gaming session. Further, I acknowledge that the effects of participating in the Activity may persist for a period of time after the end of the Activity. HMT Entertainment Inc recommends a period of rest after the Activity is completed and advises that care must be taken before engaging in any subsequent activity, in particular, if such subsequent activity involves operating a motor vehicle.
Assumption of Risk
I on behalf of myself and other participants that use my HMT Entertainment Inc cards and the Minor Participant, if applicable, knowingly and voluntarily assume full responsibly for any and all risks related to or arising in connection with this activity and voluntarily choose to participate or to permit other reasonable persons or the Minor Participant to participate in this activity notwithstanding any such risks.
Disclaimer of Liability
In no event will the Released Parties, be liable for any damages or injury, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of any person participating in the Activity (even if the Released Parties are advised or made aware of the possibility of such damages) whether caused by breach of contract, tortuous behavior, negligence, breach of statutory obligation or under any other cause of action. The use of HMT Entertainment Inc’s gaming equipment, software and content is provided in “as is” basis only without warranties or conditions of any kind, either expressed or implied, including but no limited to, warranties as to uninterrupted or problem free service. I acknowledge that the Released Parties are not liable for this defamatory, offensive or illegal conduct of other persons present at the Facility and that the risk of injury from the foregoing rests entirely with the Participant.
Waiver and Release
To the fullest extent permitted by law, I hereby waive all rights that I and the Minor Participant, if applicable, may have to make any claim against any of the Released Parties in connection with my and the Minor Participant’s attendance at the Facility or participation in the Activity and I hereby on the behalf of myself and the Minor Participant release and discharge the Released Parties from any and all claims, liabilities, demands, costs, losses, statutory duty or damages whatsoever (collectively “Claims”), in each case arising from or in connection with my and other reasonable persons and the Minor Participant, if applicable, attendance at the Facility and participation in the Activity, and, without limiting the generality of the foregoing, from any damages or losses or costs arising out of or in connection with any temporary or permanent personal injury, loss of enjoyment of life, loss of remuneration, loss of future opportunity and all other losses and damages howsoever arising out of the matters set forth above and whether or not caused or contributed by the negligence of the Released Parties or breach of any statutory or other duty of care including any duty of owed under the Occupier’s Liability Act R.S.O 1990, Chapter 0.2.
2. Maximum Liability
Without limiting the generality of Sections 6 and 7, the maximum cumulative liability of Released Parties for all claims under any circumstances including claims for breach of contract, tort, negligence, or otherwise and my sole remedy, will be strictly limited to an award for direct, provable damages not to exceed the greater of: (i) the amount of fees paid by me to HMT Entertainment Inc for the gaming session which gave rise to subject liability or (ii) the sum of $50.00
3. Technical Malfunction & Damaged tool/ equipment
In the event that my gaming session is interrupted or affected as a result of any malfunctioning HMT Entertainment Inc equipment, software or content or some other technical problem within HMT Entertainment Inc’s direct control, it is my responsibility to promptly advise HMT Entertainment Inc representatives of any such problems. HMT Entertainment Inc may take such corrective measures, if any, as it considers appropriate and I agree to accept HMT Entertainment Inc’s corrective measures, if any, as final resolution of any such problem. In situation that the participants or accompanies break, damage or lose any of HMT 's equipment and tools, that participants are responsible for compensation that is equivalent to any replaced equipment or tool's value.
4. Restriction Reasonable
I acknowledge and agree that all restrictions contained in this document affecting my rights to make any claims against the Released Parties are reasonable and valid and defenses to the strict enforcement thereof are hereby waived.
I will defend, indemnify and save harmless the Released Parties from all claims, demands, costs, losses, damages liabilities and costs arising out of or resulting from any actions of the Participant or the Minor Participant, including any claims for personal injuries or damages to any property
I acknowledge that certain gaming environment may contain content that is not appropriate for all ages. It is my responsibility for selecting games with content suitable to myself or that is suitable for the Minor Participant
Full payment is required at the time of charging credits. No refunds of any fees will be provided. However, reasonable credit compensation might be provided in case of equipment malfunction.
In order to minimize risk of any injury or damage and to create an enjoyable environment for all participants and other persons present at any time at the Facility, HMT Entertainment Inc has implemented certain rules which it expects every person attending at the Facility to follow strictly. I acknowledge that I have read and understand the Rules and that I have explained them to the Minor Participant, if any.
9. Right to terminate gaming session
In the event that HMT Entertainment Inc determines, in its own discretion, that a Participant or any person accompanying the Participant is abusing or damaging any equipment located within the facility, is not adhering to the Rules or is being disruptive to other participants or otherwise acting inappropriately. HMT Entertainment Inc reserves the right to terminate any gamming session and eject any Participant or any persons accompanying the Participant and in such an event the Participant shall not be entitled to return of any fees paid
10. Binding Obligation
The provisions hereof shall ensure to the benefit of the successors and assigns of the Released Parties and shall be binding upon my heirs, executors, administrators, successors and assigns.
Any notice required or permitted to be given to HMT Entertainment Inc shall be in writing and shall be delivered to the address listed in “Contact” section of HMT Entertainment Inc webpage.
In the event that any provision or part of this agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.
This agreement and the rights, obligations and relations of the parties hereto shall be governed and construed in accordance with the laws of the Province of Saskatchewan and federal laws of Canada applicable therein.