VR Consumer Agreement
THIS PARTICIPATION AGREEMENT (“Agreement”) is made and is effective as of the last date executed
(hereinafter the "Effective Date") by and between Journey Dome LLC (hereinafter "VR Experience") and
the adult or guardian identified (hereinafter "Adult"), who is executing this Participation Agreement
personally, and on behalf of themselves and any minor children specified below (the Adult and any minor
children on whose behalf Adult signs this Agreement are collectively referred to hereinafter as the
"Participants"). VR Experience and Participants are collectively referred to hereinafter as the "Parties."
WHEREAS, iPlay Experience owns and/or operates a recreational space with a VR (Virtual Reality)
experience where Participants where a virtual reality headset and walk through an open area at the
facility located at 6001 Denton Highway, Haltom City TX 76148 (hereinafter the "Facility"); and
WHEREAS, Journey Dome makes the “Facility” available to customers solely for recreational use and
enjoyment, not as a service to the general public; and
WHEREAS, Participants desire to participate in ALL the activities available at the “Facility”; and
WHEREAS, Participants know, understand, and acknowledge that participation in ANY of the recreational
activities, programs, parties, private events, group events available at the “Facility” is purely voluntary, not
essential or necessary, and intended solely for recreational enjoyment; and
WHEREAS, Participants know, understand, and acknowledge that the use of the “Facility” equipment,
including the VR equipment could result in physical injury (such as paralysis and death), damage to
property, and injury to third parties; and
WHEREAS, Journey Dome will not make the “Facility” available to Participants unless Participants are
willing to take personal responsibility for any and all known and unknown injuries to Participants, damage
to property, and injuries to third parties that may result from Participants' voluntary participation in ALL the
recreational activities, programs, parties, private events, group events available at the “Facility” and any
of the other causes identified hereinafter.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions,
representations, and agreements contained herein, as well as the cost of admission to the “Facility”, the
Parties hereby agree as follows:
1. Waiver and Release of Liability
To participate in the Use of Facility, all Participants, on behalf of themselves, and their parents, spouses,
children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other
persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as
the "Releasing Parties"), forever, finally, fully, permanently and unconditionally waive, release, acquit and
discharge Journey Dome, and its present and former employees, owners, members, principals, directors,
subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents,
officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers,
participants, next of kin and all other persons, firms, partnerships or corporations connected therewith
(collectively referred to hereinafter as the "Released Parties"), to the fullest extent permitted by law, from
any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues,
sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or
unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at
law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or
relate in any way to Participants' Use of Facility at the “Facility”, and any claims for costs, expenses and
attorneys' and expert fees associated therewith.
2. Assumption of Risk
Releasing Parties know, understand and acknowledge that the use of Facility, and use or participation in
any of the equipment, services, activities, programs, parties, private events, group events, or presence at
the “Facility” (collectively “Use of Facility”), constitutes an inherently risky recreational activity that may
result in serious injury (such as paralysis and death), injury to third parties, and damage to property.
Releasing Parties know, understand and acknowledge that these risks include, but are not limited to,
falling off equipment, double bouncing, collision with fixed objects and/or people, sudden and unforeseen
malfunction of equipment, and failed attempted jumps and stunts. Releasing Parties hereby assume the
risk both known and unknown of personal injury or death, injury to third parties, and damage to property
that arise out of or relate in any way to Participants' past, present or future Use of Facility.
3. Indemnification
To the extent allowed by law, the Releasing Parties hereby indemnify and covenant to hold harmless and
defend Released Parties from any and all charges, passive and active negligence, claims, debts,
disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities,
losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted,
threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by
the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' Use
of Facility, or based on or arising out of any breach of this Agreement, its covenants, representations, or
warranties by the Releasing Parties, and any claims for costs, expenses and attorneys'/expert fees
associated therewith.
4. Fitness to Participate
Participants represent that they: (i) Are in good health, and in proper physical condition to participate in
the Use of Facility and ALL activities, programs, parties, private events, group events at the “Facility”; (ii)
Are NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their
ability to safely participate in the Use of Facility and ANY activity at the “Facility”; (iii) Do NOT have ANY
preexisting conditions which would make Participants unfit to participate in the Use of Facility and ANY
activity at the “Facility”. It is the sole responsibility of all Participants to determine sufficiency of health,
fitness, and ability to participate in the Use of Facility and ANY activity at the “Facility”.
5. Covenant Not to Sue
Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges,
claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money,
accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether
or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity,
whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way
to Participants' Use of Facility, and any claims for costs, expenses and attorneys' fees associated
therewith.
6. Representations, Warranties, and Further Assurances
Adult represents and warrants that she/he was given ample opportunity to read and review this
Participation Agreement. Adult further represents, warrants, and covenants (a) that Adult is the parent or
legal guardian of the minor Participants, (b) that Adult has and will maintain adequate medical or other
insurance to cover and pay for any possible injury that may occur to Participants and/or third parties
(“Insurance”) that arise out of or relate in any way to Participants' presence at the “Facility”, participation
in any of the activities, programs, parties, private events, group events at the “Facility”, or Use of Facility
at the “Facility” (“Injury Event”); and (c) that in the event of any Injury Event, the Insurance shall be used
as the primary insurance and shall cover all costs, expenses, losses, and damages related to injuries
arising from or connected in any way to Use of Facility or such Injury Event, without any rights of
subrogation. Participants further represent and warrant that they HAVE read and MUST follow the rules of
the “Facility” as amended from time to time, and will cause other Participants (including minor children) to
follow such rules, including without limitation the safety video rules, rules conveyed orally, and any rules
posted on signs within the “Facility”.
7. Integration
This Participation Agreement constitutes the entire and only agreement and understanding between the
Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by
an agreement in writing executed by all of the Parties hereto.
8. Binding Nature of this Participation Agreement
The provisions of this Participation Agreement shall inure to the benefit of, and be binding upon, the
Parties hereto and their respective successors and assigns. Participants understand that Participants
have the chance to consult with an attorney about this Agreement and are otherwise signing it voluntarily.
9. Severability
All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In
the event that any provision hereof is determined to be invalid, prohibited, or unenforceable by a court or
other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid,
prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited,
or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of
this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity,
legality and enforceability of the remaining provisions contained in this Participation Agreement shall not
in any way be affected or impaired thereby.
10. Choice of Law and Jurisdiction
This Participation Agreement shall be governed by and construed in accordance with the laws of the
State of Texas without regard to any conflict of law rules of another state. Releasing Parties explicitly
know, understand and acknowledge that the laws of the State of Washington may be more likely to
recognize the validity and enforceability of the terms of this Participation Agreement-and particularly the
parental waiver and indemnification provisions-than the laws of the other states (including the state where
the “Facility” is located and/or the Releasing Parties reside). In executing this Participation Agreement,
Releasing Parties' expressly intend and desire for the substantive laws of the State of Texas to govern
the validity and enforceability of this Participation Agreement.
11. Mediation and Arbitration
Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement,
including but not limited to Participants' Use of Facility at the “Facility” may be submitted to a formal
mediation using a mediator, or a comparative impartial third party, either appointed by the American
Arbitration Association or any other mediator to which the Parties agree in writing. Mediation must
commence within any applicable statute of limitations, and shall be deemed to commence when a Party
notifies the agreed-upon mediator, in writing, of its request for mediation, the subject of the dispute, and
the relief requested. Mediation shall be deemed to be in the nature of settlement negotiations and any
dispute not otherwise satisfactorily resolved shall be subject to mandatory, final and binding arbitration.
Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the
other Party, in writing and within ten days after the mediation is concluded, of its demand for arbitration.
Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the
case. Except as otherwise agreed in writing by the Parties or as required by applicable law, any mediation
and arbitration shall be conducted in Washington. Similar to a judge or jury, an arbitrator may grant any
remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the
parties, however the scope and rules of arbitration differ, and review is limited. In the event the Parties
elect not to mediate, arbitration shall be the sole and exclusive forum for resolution of the dispute, claim
or controversy, and the award shall be in writing, state the reasons for the award, and be final and
binding. Judgment thereon may then be entered in any court of competent jurisdiction. By signing this
Agreement, the Participants, to the fullest extent permitted by law, agree to this Section 11 and agree to
settle disputes only by individualized mediation and/or arbitration, with disputes from different participants
to be heard in different proceedings. Participants thereby waive their right to seek relief in a court of law
and have any and all claims decided by a jury or a judge, or to maintain other available court action or
administrative proceedings to settle Participants’ disputes.
12. Attorney Fees for Breach of this Participation Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein,
including without limitation the eleventh clause, the non-prevailing Party shall pay all costs and expenses,
including reasonable attorneys' fees and expert fees, incurred by the prevailing Party as a result of this
default.
13. Use; Acknowledgment of the Rules
Participants understand that in order to be present at or participate in Use of Facility at the “Facility” or
any portion thereof, Participants must complete all of the following: (1) sign this Agreement; (2) Locate
Exit doors; and (3) read and abide by the rules and regulations prescribed/posted by the “Facility”.
Additionally, Participants agree that Participants will ensure any other guest Participant in their party to
the “Facility” signs this iPlay Experience’s waiver. Participants understand that Participants are
responsible for any guests Participants in their party to the “Facility”, and therefore agree to indemnify the
Released Parties for any liability arising out of Participants’ guest’s visit to or Use of Facility at the
“Facility” or any portion thereof. All Participants MUST READ, UNDERSTAND and FOLLOW all “Facility”
rules as amended from time to time. By signing this Agreement, you are representing and warranting that
you have READ, UNDERSTAND and WILL FOLLOW ALL RULES as amended from time to time.
14. Video, Photo, and Image Release; Data Storage and Use
The Agreement gives iPlay Experience the exclusive rights and permissions to use all media captured on
the “Facility” premises, including but not limited to: security footage, photos, and video. Such information
may be used for any and all purposes including but not limited to publication in both printed and electronic
media, internet, websites, advertisement, and other promotional uses.
In the event Participants choose to provide such data, iPlay Experience may collect and store data that
includes sensitive and personally identifiable information. This includes, for example, names, contact
information (such as an address, e-mail, or phone number), and dates of birth. Journey Dome may use
this data to help towards development of new services or to improve existing services, to provide
advertising and other information to Participants (including e-mails about special offers, new services, or
other information that may be of interest to Participants), or for any lawful business purpose, or to allow
Journey Dome’s business partners to do the same. Journey Dome Experience also reserves the right to
access, use, and share Participants’ personally identifying information with others for purposes of health,
safety and other matters in the public interest. iPlay Experience may also provide access to its database
or stored data in order to cooperate with investigations or legal proceedings initiated by governmental
and/or law enforcement officials, as well as private parties, including, for example, in response to
subpoenas, search warrants, court orders, or other legal process.
15. While we have implemented new guidelines to help protect against the spread of COVID-19 and any
other transmissible pathogens/communicable diseases, Participant understands and assumes all risk of
infection by COVID-19 coronavirus or any transmissible pathogens/communicable diseases from any
source including, but not limited to, employees, other participants, participation in the activities and use of
the facilities.
Participant is responsible for maintaining appropriate social distancing from other persons while at the
facilities with the understanding that there will be brief periods when close proximity is necessary to
ensure the safety of our guests due to the nature of our activity.
Participant is prohibited from entering the facilities if you answer yes to any of the following:
*Have you been in close contact with a confirmed case of COVID-19?
*Are you experiencing a cough, shortness of breath or sore throat?
*Have you had a fever in the last 48 hours?
* Have you had a new loss of taste or smell?
*Have you had vomiting or diarrhea in the last 24 hours?
15. Subsequent Visits
This Agreement shall apply to ALL of Participants’ future visits to Journey Dome.
IN WITNESS WHEREOF, the Adult has signed this Participation Agreement as of the Effective Date.
Any minor must have his or her parent or legal guardian sign this Agreement before that minor can
participate in any activities, programs, parties, private events, group events or Use of Facility at the
“Facility”. iPlay Experience may rely completely on the representation made by an individual who claims
to be the parent or guardian of a participant and shall not be obligated to independently verify whether or
not such individual is in fact the parent or legal guardian of the participant. By signing this Agreement for
yourself without a parent or guardian also signing, you are representing to Journey Dome that you are at
least 18 years of age and that you agree to all of the above terms and conditions.
In order to purchase and/or participate in any attraction, each individual must have a current waiver
signed
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
AGREEING TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FACILITY RULES
There is NO RUNNING in the VR experience. All users will be wearing headsets
that limit their ability to see others and facility barriers. Users should move slowly
and cautiously.
NO RUNNING, NO JUMPING, NO RAPID HAND MOVEMENTS.
(hereinafter the "Effective Date") by and between Journey Dome LLC (hereinafter "VR Experience") and
the adult or guardian identified (hereinafter "Adult"), who is executing this Participation Agreement
personally, and on behalf of themselves and any minor children specified below (the Adult and any minor
children on whose behalf Adult signs this Agreement are collectively referred to hereinafter as the
"Participants"). VR Experience and Participants are collectively referred to hereinafter as the "Parties."
WHEREAS, iPlay Experience owns and/or operates a recreational space with a VR (Virtual Reality)
experience where Participants where a virtual reality headset and walk through an open area at the
facility located at 6001 Denton Highway, Haltom City TX 76148 (hereinafter the "Facility"); and
WHEREAS, Journey Dome makes the “Facility” available to customers solely for recreational use and
enjoyment, not as a service to the general public; and
WHEREAS, Participants desire to participate in ALL the activities available at the “Facility”; and
WHEREAS, Participants know, understand, and acknowledge that participation in ANY of the recreational
activities, programs, parties, private events, group events available at the “Facility” is purely voluntary, not
essential or necessary, and intended solely for recreational enjoyment; and
WHEREAS, Participants know, understand, and acknowledge that the use of the “Facility” equipment,
including the VR equipment could result in physical injury (such as paralysis and death), damage to
property, and injury to third parties; and
WHEREAS, Journey Dome will not make the “Facility” available to Participants unless Participants are
willing to take personal responsibility for any and all known and unknown injuries to Participants, damage
to property, and injuries to third parties that may result from Participants' voluntary participation in ALL the
recreational activities, programs, parties, private events, group events available at the “Facility” and any
of the other causes identified hereinafter.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions,
representations, and agreements contained herein, as well as the cost of admission to the “Facility”, the
Parties hereby agree as follows:
1. Waiver and Release of Liability
To participate in the Use of Facility, all Participants, on behalf of themselves, and their parents, spouses,
children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other
persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as
the "Releasing Parties"), forever, finally, fully, permanently and unconditionally waive, release, acquit and
discharge Journey Dome, and its present and former employees, owners, members, principals, directors,
subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents,
officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers,
participants, next of kin and all other persons, firms, partnerships or corporations connected therewith
(collectively referred to hereinafter as the "Released Parties"), to the fullest extent permitted by law, from
any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues,
sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or
unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at
law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or
relate in any way to Participants' Use of Facility at the “Facility”, and any claims for costs, expenses and
attorneys' and expert fees associated therewith.
2. Assumption of Risk
Releasing Parties know, understand and acknowledge that the use of Facility, and use or participation in
any of the equipment, services, activities, programs, parties, private events, group events, or presence at
the “Facility” (collectively “Use of Facility”), constitutes an inherently risky recreational activity that may
result in serious injury (such as paralysis and death), injury to third parties, and damage to property.
Releasing Parties know, understand and acknowledge that these risks include, but are not limited to,
falling off equipment, double bouncing, collision with fixed objects and/or people, sudden and unforeseen
malfunction of equipment, and failed attempted jumps and stunts. Releasing Parties hereby assume the
risk both known and unknown of personal injury or death, injury to third parties, and damage to property
that arise out of or relate in any way to Participants' past, present or future Use of Facility.
3. Indemnification
To the extent allowed by law, the Releasing Parties hereby indemnify and covenant to hold harmless and
defend Released Parties from any and all charges, passive and active negligence, claims, debts,
disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities,
losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted,
threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by
the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' Use
of Facility, or based on or arising out of any breach of this Agreement, its covenants, representations, or
warranties by the Releasing Parties, and any claims for costs, expenses and attorneys'/expert fees
associated therewith.
4. Fitness to Participate
Participants represent that they: (i) Are in good health, and in proper physical condition to participate in
the Use of Facility and ALL activities, programs, parties, private events, group events at the “Facility”; (ii)
Are NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their
ability to safely participate in the Use of Facility and ANY activity at the “Facility”; (iii) Do NOT have ANY
preexisting conditions which would make Participants unfit to participate in the Use of Facility and ANY
activity at the “Facility”. It is the sole responsibility of all Participants to determine sufficiency of health,
fitness, and ability to participate in the Use of Facility and ANY activity at the “Facility”.
5. Covenant Not to Sue
Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges,
claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money,
accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether
or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity,
whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way
to Participants' Use of Facility, and any claims for costs, expenses and attorneys' fees associated
therewith.
6. Representations, Warranties, and Further Assurances
Adult represents and warrants that she/he was given ample opportunity to read and review this
Participation Agreement. Adult further represents, warrants, and covenants (a) that Adult is the parent or
legal guardian of the minor Participants, (b) that Adult has and will maintain adequate medical or other
insurance to cover and pay for any possible injury that may occur to Participants and/or third parties
(“Insurance”) that arise out of or relate in any way to Participants' presence at the “Facility”, participation
in any of the activities, programs, parties, private events, group events at the “Facility”, or Use of Facility
at the “Facility” (“Injury Event”); and (c) that in the event of any Injury Event, the Insurance shall be used
as the primary insurance and shall cover all costs, expenses, losses, and damages related to injuries
arising from or connected in any way to Use of Facility or such Injury Event, without any rights of
subrogation. Participants further represent and warrant that they HAVE read and MUST follow the rules of
the “Facility” as amended from time to time, and will cause other Participants (including minor children) to
follow such rules, including without limitation the safety video rules, rules conveyed orally, and any rules
posted on signs within the “Facility”.
7. Integration
This Participation Agreement constitutes the entire and only agreement and understanding between the
Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by
an agreement in writing executed by all of the Parties hereto.
8. Binding Nature of this Participation Agreement
The provisions of this Participation Agreement shall inure to the benefit of, and be binding upon, the
Parties hereto and their respective successors and assigns. Participants understand that Participants
have the chance to consult with an attorney about this Agreement and are otherwise signing it voluntarily.
9. Severability
All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In
the event that any provision hereof is determined to be invalid, prohibited, or unenforceable by a court or
other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid,
prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited,
or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of
this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity,
legality and enforceability of the remaining provisions contained in this Participation Agreement shall not
in any way be affected or impaired thereby.
10. Choice of Law and Jurisdiction
This Participation Agreement shall be governed by and construed in accordance with the laws of the
State of Texas without regard to any conflict of law rules of another state. Releasing Parties explicitly
know, understand and acknowledge that the laws of the State of Washington may be more likely to
recognize the validity and enforceability of the terms of this Participation Agreement-and particularly the
parental waiver and indemnification provisions-than the laws of the other states (including the state where
the “Facility” is located and/or the Releasing Parties reside). In executing this Participation Agreement,
Releasing Parties' expressly intend and desire for the substantive laws of the State of Texas to govern
the validity and enforceability of this Participation Agreement.
11. Mediation and Arbitration
Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement,
including but not limited to Participants' Use of Facility at the “Facility” may be submitted to a formal
mediation using a mediator, or a comparative impartial third party, either appointed by the American
Arbitration Association or any other mediator to which the Parties agree in writing. Mediation must
commence within any applicable statute of limitations, and shall be deemed to commence when a Party
notifies the agreed-upon mediator, in writing, of its request for mediation, the subject of the dispute, and
the relief requested. Mediation shall be deemed to be in the nature of settlement negotiations and any
dispute not otherwise satisfactorily resolved shall be subject to mandatory, final and binding arbitration.
Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the
other Party, in writing and within ten days after the mediation is concluded, of its demand for arbitration.
Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the
case. Except as otherwise agreed in writing by the Parties or as required by applicable law, any mediation
and arbitration shall be conducted in Washington. Similar to a judge or jury, an arbitrator may grant any
remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the
parties, however the scope and rules of arbitration differ, and review is limited. In the event the Parties
elect not to mediate, arbitration shall be the sole and exclusive forum for resolution of the dispute, claim
or controversy, and the award shall be in writing, state the reasons for the award, and be final and
binding. Judgment thereon may then be entered in any court of competent jurisdiction. By signing this
Agreement, the Participants, to the fullest extent permitted by law, agree to this Section 11 and agree to
settle disputes only by individualized mediation and/or arbitration, with disputes from different participants
to be heard in different proceedings. Participants thereby waive their right to seek relief in a court of law
and have any and all claims decided by a jury or a judge, or to maintain other available court action or
administrative proceedings to settle Participants’ disputes.
12. Attorney Fees for Breach of this Participation Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein,
including without limitation the eleventh clause, the non-prevailing Party shall pay all costs and expenses,
including reasonable attorneys' fees and expert fees, incurred by the prevailing Party as a result of this
default.
13. Use; Acknowledgment of the Rules
Participants understand that in order to be present at or participate in Use of Facility at the “Facility” or
any portion thereof, Participants must complete all of the following: (1) sign this Agreement; (2) Locate
Exit doors; and (3) read and abide by the rules and regulations prescribed/posted by the “Facility”.
Additionally, Participants agree that Participants will ensure any other guest Participant in their party to
the “Facility” signs this iPlay Experience’s waiver. Participants understand that Participants are
responsible for any guests Participants in their party to the “Facility”, and therefore agree to indemnify the
Released Parties for any liability arising out of Participants’ guest’s visit to or Use of Facility at the
“Facility” or any portion thereof. All Participants MUST READ, UNDERSTAND and FOLLOW all “Facility”
rules as amended from time to time. By signing this Agreement, you are representing and warranting that
you have READ, UNDERSTAND and WILL FOLLOW ALL RULES as amended from time to time.
14. Video, Photo, and Image Release; Data Storage and Use
The Agreement gives iPlay Experience the exclusive rights and permissions to use all media captured on
the “Facility” premises, including but not limited to: security footage, photos, and video. Such information
may be used for any and all purposes including but not limited to publication in both printed and electronic
media, internet, websites, advertisement, and other promotional uses.
In the event Participants choose to provide such data, iPlay Experience may collect and store data that
includes sensitive and personally identifiable information. This includes, for example, names, contact
information (such as an address, e-mail, or phone number), and dates of birth. Journey Dome may use
this data to help towards development of new services or to improve existing services, to provide
advertising and other information to Participants (including e-mails about special offers, new services, or
other information that may be of interest to Participants), or for any lawful business purpose, or to allow
Journey Dome’s business partners to do the same. Journey Dome Experience also reserves the right to
access, use, and share Participants’ personally identifying information with others for purposes of health,
safety and other matters in the public interest. iPlay Experience may also provide access to its database
or stored data in order to cooperate with investigations or legal proceedings initiated by governmental
and/or law enforcement officials, as well as private parties, including, for example, in response to
subpoenas, search warrants, court orders, or other legal process.
15. While we have implemented new guidelines to help protect against the spread of COVID-19 and any
other transmissible pathogens/communicable diseases, Participant understands and assumes all risk of
infection by COVID-19 coronavirus or any transmissible pathogens/communicable diseases from any
source including, but not limited to, employees, other participants, participation in the activities and use of
the facilities.
Participant is responsible for maintaining appropriate social distancing from other persons while at the
facilities with the understanding that there will be brief periods when close proximity is necessary to
ensure the safety of our guests due to the nature of our activity.
Participant is prohibited from entering the facilities if you answer yes to any of the following:
*Have you been in close contact with a confirmed case of COVID-19?
*Are you experiencing a cough, shortness of breath or sore throat?
*Have you had a fever in the last 48 hours?
* Have you had a new loss of taste or smell?
*Have you had vomiting or diarrhea in the last 24 hours?
15. Subsequent Visits
This Agreement shall apply to ALL of Participants’ future visits to Journey Dome.
IN WITNESS WHEREOF, the Adult has signed this Participation Agreement as of the Effective Date.
Any minor must have his or her parent or legal guardian sign this Agreement before that minor can
participate in any activities, programs, parties, private events, group events or Use of Facility at the
“Facility”. iPlay Experience may rely completely on the representation made by an individual who claims
to be the parent or guardian of a participant and shall not be obligated to independently verify whether or
not such individual is in fact the parent or legal guardian of the participant. By signing this Agreement for
yourself without a parent or guardian also signing, you are representing to Journey Dome that you are at
least 18 years of age and that you agree to all of the above terms and conditions.
In order to purchase and/or participate in any attraction, each individual must have a current waiver
signed
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
AGREEING TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FACILITY RULES
There is NO RUNNING in the VR experience. All users will be wearing headsets
that limit their ability to see others and facility barriers. Users should move slowly
and cautiously.
NO RUNNING, NO JUMPING, NO RAPID HAND MOVEMENTS.