Release of Liability
Read Carefully - This Affects Your Legal Rights
In exchange for participation in the activity of VR gaming organized by TBH Entertainment dba Apex VR, of 4943 W State Road 67, Mccordsville, Indiana, 46055 and/or use of the property, facilities, and services of TBH Entertainment dba Apex VR, I, the signed below, agree for myself and (if applicable) for the members of my family, to the following:
1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by TBH Entertainment dba Apex VR, or the employees, representatives, or agents of TBH Entertainment dba Apex VR.
2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge TBH Entertainment dba Apex VR for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of TBH Entertainment dba Apex VR, whether caused by the fault of myself, my family, TBH Entertainment dba Apex VR or other third parties.
3. Indemnification. I agree to indemnify and defend TBH Entertainment dba Apex VR against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of TBH Entertainment dba Apex VR.
4. Fees. I agree to pay for all damages to the facilities of TBH Entertainment dba Apex VR caused by any negligent, reckless, or willful actions by me or my family.
5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Indiana law.
6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that TBH Entertainment dba Apex VR has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
7. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE by filling out the form below, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.