Terms, Policies, Conditions, and Liability Waiver (hereinafter “Document”)
In consideration of granting the permission to use its services to the undersigned and/or any children who enter the premises of VR NOBLE’s[i] virtual reality arcade under the direct or indirect supervision of the undersigned, I, the undersigned, hereby on behalf of myself, my children, my heirs, executors, administrators, the accompanying children, or anyone who might claim on their behalf warrant and agree to the terms, policies, conditions, and liability waiver of this document. PLEASE READ THIS DOCUMENT CAREFULLY, as by signing it, you may waive certain legal rights, including the right to sue.
The undersigned may be a user or a Legal Parent / Guardian of a child under the age of 18 years. The words “I” and “me” in this document include the undersigned, user, a child visiting VR NOBLE[ii], and the Legal Parent / Guardian of a child under the age of 18 years. Any individual who is unable to agree to the terms, policies, and conditions outlined in this document is NOT permitted to enter the premises of VR NOBLE and/or use any services provided by VR NOBLE[iii].
Should I access the VR NOBLE’s services on behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to this document. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the province of Ontario. If I do not have the capacity to enter into the legal agreement in the province of Ontario, I may not use the Services unless a parent or legal guardian agrees and consents to this document on my behalf. By permitting a person who lacks the capacity to utilize the Services, the parent or legal guardian is hereby bound by this document.
If I do not agree to the terms of this document, I understand that I must promptly discontinue any access to and use of the services permitted by this document. Any continued use of the services will be considered as consent and acceptance of the terms of this document by the user or their parent or legal guardian.
I acknowledge that I have read, viewed, or heard the terms, policies, conditions, and liability waiver governing my participation and/or my child’s participation in any activity at VR NOBLE. I understand that I should abide by this document as it ensures the safety of all participants at VR NOBLE, including myself and/or my child. I acknowledge that failure to follow the document could result in the expulsion, at the sole discretion of VR NOBLE, of myself, other accompanying adults, and/or my child from VR NOBLE’s premises.
By entering the premises of VR NOBLE, I acknowledge being fully aware of the inherent risks present in virtual reality entertainment, and the equipment and the nature of its use being dangerous that may result in serious injury to myself and/or the child/children. These risks include, without limitation, damage to personal property, personal injury, or death.
By signing this document, I hereby knowingly and voluntarily assume and accept all risks, including all presently unknown or unforeseeable risks, and assume all responsibility for risks to myself, the child/children, my personal property, and the personal property of the child/children.
I warrant and represent that I assumed and accepted all risks after reading this document, and I do not have any questions or concerns about it. I agree to and shall ensure the child/children use VR NOBLE premises only in accordance with this document. I acknowledge that failure to abide by this document or failure to use the equipment in a safe and appropriate manner may, at the sole discretion of VR NOBLE, result in my or the child’s/children’s removal from the premises.
I understand and agree that VR NOBLE shall not be liable for any injury, damage, or loss that I or the child/children may suffer as a result of using the premises. I understand and agree that VR NOBLE is not responsible for the supervision of the child/children and shall not be held liable for any reason for failing to supervise the child/children, including child disappearance.
I hereby release, waive and forever discharge VR NOBLE from any liability, claims, demands, losses, or damages arising due to my property damage, theft, and/or personal injury (including death), and based on tort, intentional act, strict liability, negligence, and/or negligent rescue, including damages the child or I may suffer as a result of I or the child using the premises, including as a result of the negligence of VR NOBLE. I will indemnify, save and hold harmless VR NOBLE from any and all claims, expenses, legal fees, losses, liabilities, damages, or costs which relate to or arise from this release/waiver/discharge to the fullest extent permitted by law.
I understand that I may get injured while participating in activities at the premises and may require emergency / regular medical treatment as may be deemed necessary. The undersigned hereby releases, discharges VR NOBLE, and agrees to indemnify and save harmless VR NOBLE from all liability, claims, demands, losses, or damages caused or alleged to have been caused in whole or in part by participating in any activity as per this document.
I represent and warrant that I and the child/children/are in the good physical condition and physically able to play on the premises and that the child/children are/are old enough to participate.
If I book/use a multi-entry package (e.g., monthly pass, membership, etc.), I authorize VR NOBLE to enter this document into its database and use it as a continuous, multi-use waiver for the users’ ongoing entry to play at the premises or use it as a waiver executed for the other child/children. I hereby expressly authorize VR NOBLE to use this document as a multi-use wavier, if applicable, until such time as I revoke it in writing.
I agree and acknowledge that VR NOBLE shall use reasonable efforts to ensure that the premises are a nut-free facility; however, due to numerous factors outside its control, VR NOBLE makes no guarantee, warranty, or representation that the premises are a nut-free facility. The undersigned is cautioned to treat the premises as a NON-nut-free facility and take necessary precautions accordingly. I accept any and all risks that this may cause to my child/children. PLEASE INFORM VR NOBLE IN ADVANCE IF ANY PARTICIPANT HAS A NUT ALLERGY.
Online Payment Security
Safeguarding customers’ information by providing a safe and secure payment method is very important to us. VR NOBLE uses Square’s and/or Stripe’s Payment Gateway for its online credit card secured transactions. Square and Stripe process online credit card transactions for merchants all over the world, providing a safe and secure means of collecting payments via the internet. To keep customers’ data safe from hackers, Square follows a series of security guidelines called PCI compliance. Moreover, security is engineered into Square hardware and software from the ground up. Similarly, Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is currently the most stringent level of certification available in the payments industry. To accomplish this, Stripe uses the best-in-class security tools and practices to maintain a high level of security to secure transactions. You can securely pay on our website in a safe and hassle-free manner.
Full payment of all applicable fees is required by the user before using VR NOBLE Services. A full refund will be issued for all reservations canceled at least forty-eight (48) hours in advance of a scheduled booking. Users who cancel their reservation between forty-eight (48) hours and twenty-four (24) hours in advance of a scheduled booking will be entitled to a full refund less a cancellation fee of 50%. Users who cancel their reservation less than twenty-four (24) hours in advance of a scheduled booking will forfeit all fees paid and shall not be entitled to a refund.
Refund & Returns Policy
VR NOBLE will refund the user’s payment as per the Cancellation Policy. The user’s payment using a credit card will be refunded to the same credit card. If paid by cash, a refund will be in cash.
We value your satisfaction with our services. Please email us at email@example.com 24/7 if you are not satisfied with your purchase so that we can resolve any problem.
Late Arrival Policy
Users are expected to arrive AT LEAST 15 minutes early to check in and attend a tutorial for games. We encourage group users to arrive even earlier so your booked hour can timely start without any delay. Please note that during the tutorial, we will introduce you to the equipment and the premises. The tutorial is NOT a crash course on How to Play Virtual Reality Games? or Everything of Virtual Reality In 15 Minutes! Also, read below about “Preparation Before Visiting VR NOBLE”.
If you are late for the time you booked, your clock starts ticking without you. If your booked time only has 15 minutes left, then you cannot start playing unless you book another time.
We allow a split hour of any single device for users. You may bring a guest and share your booked time with your guest on that device. Please ask us in advance, as Split Hour is subject to availability.
We encourage users to bring friends and share their booked hours. Remember, we strive to provide you with an Unforgettable Immersive experience. However, there is an additional $10 fee charged for each guest beyond what the package allows. The fee is charged on-site by cash or credit card. Your friends can come with you or come later during your booked time.
Ask us for Batch Hour Special, wherein users, i.e., a group of friends, book a set of hours and devices to split among one another. We look forward to giving you a premium-quality experience without you paying a premium price.
We encourage a group to share a set of booked hours and devices. For a group booking, please contact VR Noble. Your friends can come with you or come later during your booked time.
We take the safety of children very seriously. All children under 18 years of age must be accompanied by an adult (18+). Any child under 18 coming without an adult will not be allowed to play. Children below six years of age are NOT allowed to play. It is the user’s responsibility to ensure the accompanying child is of proper age.
The adult accompanying any child is responsible for monitoring the child closely for any negative effects during and after using VR NOBLE’s services. The adult should promptly inform us and discontinue further play in case of such a negative effect. Refer below for potential negative effects of using a VR headset.
Children should always be closely monitored by the accompanying adult(s) and NEVER be left unattended at the VR NOBLE premises. A group of children (1-6 children) should be accompanied by at least one adult. A group of children (7-10) should be accompanied by at least two adults.
VR NOBLE allows the use of its premises and provides equipment for playing VR games. VR NOBLE is not responsible for monitoring or supervising children, which is the sole responsibility of the accompanying adult(s). Please note we are in the entertainment industry and love working for our non-adult clients. However, we are not child care providers. No pun intended!
Accompanying adults should constantly and closely supervise and monitor children throughout their presence at VR NOBLE premises. VR NOBLE is not responsible for the safety and care of children.
At VR NOBLE, we love pets. However, due to the nature of our business, taking care of a pet on the premises could become a hazard. To ensure and enhance everyone’s safety, we DO NOT allow any pets at VR NOBLE’s premises.
Additional Booking Notes:
VIP monthly passes and membership can be purchased online or by calling us. Once you buy, you may schedule your first hour immediately. Call us to schedule flex hours remaining in your VIP monthly passes or membership. Ask us for a great rate for frequent customers. If you have any issues with your booking leading up to your session, you can contact the office at info@VR NOBLE.com 24/7.
Noise and Loitering Policy
VR NOBLE’s objective is to provide users with a safe and memorable experience. Any disorderly conduct undermines this objective and is therefore strictly prohibited. Disorderly conduct includes but is not limited to loitering, excessive noise, shouting, littering, and horseplay.
VR NOBLE thanks users and accompanying children, visitors, and guests for maintaining an ambient and clean environment. Any violation of this or other terms/policies may result in VR NOBLE—at its sole discretion—canceling/discontinuing any booking with or without any refund.
Preparation Before Visiting VR NOBLE
VR NOBLE’s webpage lists the type of headset a user would get for each package. Most of our customers are familiar with the games and equipment used for virtual reality games. However, if this is your first time with any virtual reality game, please read carefully. To make your experience enjoyable at VR NOBLE, we strongly recommend you familiarize yourself with what to expect at VR NOBLE. You may ask a virtual-reality-knowledgeable family member or a friend about what to expect. You may even search online for articles or videos. We expect our customers to have a basic knowledge of the virtual reality world, so it is your responsibility to come prepared for your booked time. We appreciate your familiarizing yourself g with virtual reality before your visit. A Big Thank You for coming prepared!
COVID-19 / Infectious Disease Prevention Protocol
The importance of everyone’s safety on our premises is apparent and integral in everything we do. Our objective is to promote the safety and health of our users, employee, and guests while delivering a premium virtual reality entertainment experience. We adhere to applicable government guidelines to prevent the spread of COVID-19 or other infectious diseases. We recommend each client play individually in a private room to maintain sufficient social distance between people. We sanitize our devices after every use. We spray the play rooms after every visit. We provide sanitizers and facemasks at the premises. We encourage each client to wear face masks during the session. Therefore, when you choose to play here, you agree: UNDER NO CIRCUMSTANCES WILL VR NOBLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY COVID-19 / INFECTIOUS DISEASE RELATED DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES AT VR NOBLE. THIS INCLUDES, BUT IS NOT LIMITED TO, contraction of the disease, testing positive, and becoming transmissive.
By signing this document, you agree to follow the government-issued guidelines at the municipal, provincial and federal levels while visiting VR NOBLE. VR NOBLE’s main head office and the virtual game arena are located in Mississauga, ON. You agree to abide by the applicable guidelines issued by the municipality of Mississauga, the province of Ontario, and the federal government of Canada. If the guideline mandates that you be vaccinated before the visit, then by the signing of this document, you declare that you are vaccinated and are abiding by all the guidelines and regulations at the time of your visit.
Liability of Lost or Damaged Property
Please take care of your items / personal property. VR NOBLE WILL NOT be responsible for any loss or damage to your items / personal property.
If you directly or indirectly damage VR NOBLE’s property, including but not limited to the VR headset or controller, you agree to replace that property either with a brand-new replacement or to pay an equivalent replacement cost in cash.
Risk In Using Virtual Reality Equipment
I acknowledge that the use of VR NOBLE virtual reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, property, or third parties. I understand such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, discomfort or pain in the head or eyes, drowsiness, decreased ability to multi-task, fatigue, or any symptoms similar to motion sickness, all of which can persist and become more apparent hours after use and which may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the VR NOBLE premises.
I declare I am physically and mentally fit to safely use the services provided by VR NOBLE. I understand my responsibility to consult a physician or professional before my visit to ascertain my physical and mental fitness to use these services. VR NOBLE seeks to create a safe environment. It is not VR NOBLE’s responsibility to evaluate your fitness. By signing this document, you relieve VR NOBLE of any damages/consequences resulting from an injury caused because of your being unfit for using these services. We caution you to use our services at your own risk. The equipment being used might malfunction during your visit. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
If I and/or my child become injured or sick at the premises and require medical assistance, I agree to pay for the associated expenses, either personally or through my insurer(s). I hereby represent/affirm that I have adequate insurance/resources to provide coverage for such medical expenses. I understand and agree that VR NOBLE will not pay for any cost or expenses incurred by me arising from this injury/sickness.
VR NOBLE strongly advises you to consult your medical, health, or other competent professional before using the VR NOBLE equipment about any physical, mental, and/or emotional condition that may prevent you from using the VR NOBLE equipment in a safe manner. By signing this document, you affirm you are using VR NOBLE equipment at your own risk, and VR NOBLE specifically disclaims all responsibility for any liability, loss, or risk, personal or otherwise incurred as a consequence, directly or indirectly, of the use of the VR NOBLE device or the service.
UNDER NO CIRCUMSTANCES WILL VR NOBLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT ARISING OUT OF THE USE OF THE SERVICES. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS VR NOBLE AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST VR NOBLE, AND TO RELEASE VR NOBLE FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, SICKNESS OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE PREMISES AND MY USE OF THE SERVICES DUE TO ANY CAUSE, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSO 1990, c. O. 2 ON THE PART OF VR NOBLE, OR THE FAILURE ON THE PART OF VR NOBLE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF VR NOBLE’S VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”). WITHOUT LIMITING THE FOREGOING, THE LIMIT ON VR NOBLE’S TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF $10.00 CANADIAN DOLLARS.
Warning: Age Requirement / Children
According to the manufacturer of the virtual reality (VR) headset, the VR headset is not a toy and should not be used by children under the age of 13, as the headset is not sized for children, and improper sizing can lead to discomfort or adverse health effects, and younger children are in a critical period in visual development. Adults, i.e., the undersigned and accompanying adults, should make sure children (age 13 and older) use the headset in accordance with these health and safety warnings, including making sure the headset is used as described in this document. The adults should monitor children (age 13 and older) who are using or have used the headset for any of the symptoms described herein and should limit the time children spend using the headset and ensure they take breaks during use. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after the use of the headset for any decrease in these abilities. At any given moment during the visit, children SHOULD NOT be left unattended by the accompanying adult(s). Please make sure someone is monitoring the children in case you want to take a break from monitoring them. By signing this document, I assume full responsibility for any untoward consequence/effect on myself or any accompanying children (REGARDLESS OF THEIR BEING BELOW OR OVER 13 YEARS OF AGE) due to using VR NOBLE’s headsets. I further agree NEVER to pursue any lawsuit or damages against VR NOBLE.
I agree to hold harmless and indemnify VR NOBLE from any and all liability for any property damage, stolen, or personal injury to any third party resulting from my use of VR NOBLE virtual reality equipment. I also agree to indemnify and fully compensate VR NOBLE for any property damage I cause to VR NOBLE property, including but not limited to VR NOBLE virtual reality equipment, resulting from my use of VR NOBLE virtual reality equipment. Furthermore, should VR NOBLE or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold VR NOBLE harmless from all such fees and costs.
This Agreement serves as the complete and exclusive agreement between me and VR NOBLE. This Agreement supersedes and replaces any and all previous discussions, negotiations, understandings, and agreements, written or oral, regarding any or all of the subject matter herein. No term of this Agreement will be deemed waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in writing, signed by the party waiving enforcement. I agree if any portion of this Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. If there are any disputes regarding this agreement, I, on behalf of myself and/or my child/ward, hereby waive any right to a trial and agree that such dispute shall be brought within ONE (1) YEAR of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered pursuant to the Arbitration Act (Ontario). I further agree that the arbitration will take place solely in the Province of Ontario and that the substantive law of Ontario shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child/ward file or otherwise initiate a lawsuit against VR NOBLE, in addition to my agreement to defend and indemnify VR NOBLE, I agree: (i) that any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and shall be governed by the laws of Ontario, and (ii) to pay VR NOBLE within 60 days of initiating or filing a lawsuit against VR NOBLE liquidated damages in the amount of $5000 plus 12% interest per annum from the date of initiating the lawsuit if payment is not made on time. VR NOBLE may assign this document, in whole or in part, without notice to me at any time. Your rights under this document are in no way transferable, in whole or in part, without our prior written consent.
I give consent to VR NOBLE photograph, videotape, and/or record the premises during my and/or the child’s visit for the safety and security of the premises and its occupants. I also consent to VR NOBLE contacting me to get my consent to use my or my child’s name, face, likeness, and appearance in connection with exhibitions, publicity, advertising, and promotional materials.
Contact details for VR NOBLE can be found on VR NOBLE’s website. I agree that all notices regarding this document and the services may be provided by email or by post using the contact information provided by me upon registration.
I declare having sufficient time to read and understand this document before signing. By signing herewith, I agree to be bound by it.
[i] VR NOBLE is a trademark of Taacam Inc., which is a corporation incorporated under the laws of Canada. Taacam’s agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf are hereinafter collectively referred to as “VR NOBLE”, “VR NOBLE”.
[ii] Throughout this document, VR NOBLE may represent “VR NOBLE’s virtual reality arcade”.
[iii] Throughout this document, VR NOBLE may be used instead of Taacam Inc.