FanX, Inc. Waiver

Liability Waiver and Release

Welcome!  We are very excited that you found us!  

If this is your first time here, we need to explain a few things to you or to your parent or legal guardian if you are less than eighteen (18) years old.

Some of our virtual reality, augmented reality and other interactive games and experiences (“Games and Experiences”) are highly realistic and immersive.  They can be thrilling and even frightening at times.

Our Games and Experiences are so immersive that it is easy to forget where you really are and lose track of what is real and not real.  

This is part of the fun of our Games and Experiences but they may be overwhelming to some people.

You affirm that your participation and, if applicable, the participation of your dependent child(ren) (individually and collectively, the “Child”), is fully voluntary and that neither you nor the Child has any known physical, mental or health-related reasons or problems that might preclude or limit your or your Child’s participation in the Games and Experiences.  

We recommend that you err on the side of caution if you and/or the Child are prone to nausea, disorientation, vertigo, seizures, or anxieties.  Please let us know if there may be a problem, and we will do our best to help.  

Health Notice/Affirmation:

You are aware that some people may experience nausea, disorientation, vertigo, seizures, motion sickness, general discomfort, headaches, anxiety or other physical, mental or health-related injuries when experiencing virtual reality, augmented reality and other immersive interactive games and experiences.  On behalf of yourself and the Child, you voluntarily assume all associated risks, and take full responsibility for these and any other consequences that may arise from your participation in the Games and Experiences.

Risk Waiver and Release:

In consideration for being permitted to participate in the Games and Experiences provided by FanX, Inc. (hereinafter, “FanX”), I hereby, for myself, the Child, my heirs, executors, administrators, assigns or personal representatives, release and forever discharge FanX and its affiliates, members, partners, representatives, directors, officers, shareholders, employees, contractors, licensors, agents, parents, subsidiaries, and their successors and assigns (collectively, the FanX Parties) from and against any and all losses, damages, injuries (including death) or other liability financial or otherwise that may arise from my or the Child’s participation in the Games and Experiences.

I acknowledge that the Child or I may subsequently learn of claims, risks or facts of which we are not currently aware.  It remains my intention, on behalf of myself and the Child, to grant the FanX Parties a full and final release of all claims, whether known or unknown.  I am aware of Section 1542 of the California Civil Code, which provides that:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR

Being aware of this code section, I expressly waive any rights that the Child or I may have based upon it, as well as under any other statutes or common law principles of similar effect.

Neither I nor the child will pursue legal or other action against any of the FanX Parties for any losses, damages, injuries (including death) or other liability real or perceived arising from the Child’s or my participation in the Games and Experiences.

Photography/Likeness Release:

I understand and agree that the Child or I may be photographed, videotaped, or recorded (“Recordings”) during the Child’s or my participation in the Games and Experiences and while engaging in other activities at FanX, and that such Recordings, including use of the Child’s or my likeness, may be used by FanX and its affiliates in their discretion for promotional and marketing purposes without compensation to me or the Child.  Please also see our Privacy Policy at www.fanxvr.com/privacy.html, which describes in further detail our collection and use of personal information.

Entire Agreement:  

I understand that this Waiver and Release contains the entire agreement between the parties, and no other evidence will be used or admitted to alter or explain the terms of this Waiver and Release. If any provision within this Waiver and Release shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties.

BY ACKNOWLEDGING AND ACCEPTING THIS LIABILITY WAIVER AND RELEASE, I AFFIRM THAT I AM 18 YEARS OLD OR OLDER, AND THAT I AM FREELY ACKNOWLEDGING AND ACCEPTING THIS WAIVER AND RELEASE ON MY BEHALF AND ON BEHALF OF THE CHILD. IF APPLICABLE, I CERTIFY THAT I HAVE READ THIS WAIVER AND RELEASE, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS WAIVER AND RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM ACKNOWLEDGING AND ACCEPTING IT OF MY OWN FREE WILL.