i-SimRace
​i-SimRace, LLC
1415 Mesa Creek San Antonio TX, 78258
Release of Liability Waiver
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified
above and all minor children under my supervision and referred to individually and
collectively herein as "Child", to use the i-SimRace facility and equipment. In
consideration for being allowed to use said facilities and equipment, and any other
services provided by i-SimRace, LLC and its employees or agents at said location, I
represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and
provide other benefits, legal protections, and consideration to i-SimRace LLC., and their
respective and collective agents, owners, officers, managers, shareholders, affiliates,
volunteers, participants, employees, and all other persons or entities acting in any
capacity on their respective or collective behalf.
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the use of Simulators and the other equipment at the i-
SimRace facility and that participating in these activities inherently and obviously
includes risks. These risks include serious physical or emotional injury, paralysis, death,
damage to myself, the Child, and/or third parties, and damage to personal property of
any or all such persons. I understand that such risks simply cannot be eliminated
without jeopardizing the essential qualities of the activity, which I further agree is for
recreational purposes and completely voluntary. I acknowledge and agree that, while
the Simulators and other activities that take place at the i-SimRace location are
monitored generally by i-SimRace employees, it is not feasible for such employees to
monitor the activities and actions of all customers at all times or all customers
simultaneously. Furthermore, i-SimRace employees have difficult jobs to perform. They
seek safety, but they are not infallible. They might be unaware of a participant’s health
or abilities. They may give incomplete warnings or instructions, and the equipment
being used might malfunction.
SPECIFIC RELEASE FOR "CENTRAL" ACTIVITIES
I acknowledge that i-SimRace may at any time engage in a promotion referred to as
"central", and other similar programs and activities, that involve the use of reduced and
altered or theatrical lighting and special effects, which can increase the inherent and
obvious dangers of the activity and can lead to physical or emotional injury, paralysis,
death, or damage to myself, the Child, and/or third parties, and damage to personal
property of any or all such persons. I understand that special rules apply to "central"
activities, and the other programs and activities that involve the use of reduced and
altered or theatrical lighting and special effects, and that I and the Child may choose not
to participate in such activities. I acknowledge and agree that I and the Child may
participate voluntarily in the "central" and other similar programs and activities solely
and exclusively at our own risk, and that by participating, we waive the right to seek
damages for any injuries that occur.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own
risk. I acknowledge and agree that the actions or activities of other customers or the
actions or inactions of i-SimRace employees could cause me or the Child(ren)
significant bodily injury (as described in this Agreement), and that i-SimRace is not
responsible for the actions or activities of customers using the i-SimRace facility or the
negligence of its employees in supervising the simulators or their usage, including
actions, activities, or omissions that result in such harm. Some of the risks include, but
are not limited to, the following:
a) Participants may die or become paralyzed, partially or fully, through their use of
the facility and participation in simulator activities.
b) Participants may suffer cuts, scrapes, bumps, bruises, concussions, the
transmission of disease strains and allergic reactions through use of the i-
SimRace equipment or contact with other participants or surfaces they have
contacted. Participants may sprain, pull, break or otherwise seriously externally
or internally injure their head, face (including nose and teeth/jaw), neck, torso,
spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of
falling off the simulator or other equipment, or making contact with other
participants. It is the responsibility of the participant(s) to ensure their use or the
Child(ren) in their care are properly secured using seat harnesses where
applicable. As noted in paragraph a) above, such injuries can lead to paralysis,
disfigurement, or death. Participation may result in heat stroke, heart attacks,
dehydration, and other exertion-related medical events.
c) Participants may fall on another user of the facility, resulting in broken bones and
other serious injuries.
d) Observing, standing, sitting or taking photographs at or near the simulators or
activity can result in similar physical injury (even if the observer(s) are not
themselves participating at the time).
e) Participation during reduced or altered lighting "central" events can affect depth
perception and visibility and may cause me and/or my Child to fall, slip, misstep,
collide with others, or collide with equipment which can result in a greater risk of
serious physical or emotional injury, paralysis, or death.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions,
limitations, or disabilities (whether temporary or permanent) that I or the Child possess,
whether known or unknown, which might contribute to or exacerbate any injury I or the
Child might sustain as a result of using the facility or any of its equipment. I
acknowledge and agree that if medical assistance (of any form, including emergency
care, hospitalization, out-patient care, and/or physical therapy) is required or performed
as a result of any injury I or the Child sustains while using the facility, such assistance
shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive,
relinquish, discharge from liability and covenant not to sue i-SimRace, LLC, and their
successors, predecessors-in-interest, and insurers (collectively, the "Releasees") from
any and all claims, demands, rights, actions, suits, causes of action, obligations, debts,
costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of
whatever kind or nature, in law, equity or otherwise, whether now known or unknown,
suspected or unsuspected, and whether or not concealed or hidden, related to or
arising, directly or indirectly, from my or the Child’s access to and/or use of the facility,
premises and/or its equipment (whether simulators or otherwise), the Child’s and/or my
entry into the facility, the condition, maintenance, inspection, supervision, control or
security of the i-SimRace facility, the failure to warn of dangerous conditions in
connection with the i-SimRace facility, and/or the acts or omissions of i-SimRace or any
of the Releasees, including, without limitation, any claim for negligence, failure to warn
or other omission, property damage, personal injury, emotional injury, illness, bodily
harm, paralysis or death. I understand that this release and waiver applies not only to
use of the simulators only, but also all other equipment, and all activities and games at
the i-SimRace facility. I understand that this release and waiver applies to and includes
all activities that I or my Child engage in at the premises, whether inside or outside this
facility. In the event that any claim released herein is brought by, or asserted on behalf
of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the
Releasees, and any of them, from any loss or liability, including reasonable attorneys'
fees, associated therewith or arising therefrom.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am
waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit
against i-SimRace and the other Releasees for any and all claims covered by this
Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have
my claim determined by a jury, and the minor child(ren) above will NOT have the right to
have claim(s) determined by a jury. Reciprocally, i-SimRace and the other Releasees
waive their right to maintain a lawsuit against me and the minor child(ren) above for any
and all claims covered by this Agreement, and they will not have the right to have their
claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING
OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF
THE FACILITY AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF
THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE
BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury)
AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE EVENT SPACE,
BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY
JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND
PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM
SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF
APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and
interpreted in accordance with the laws of the state of Nevada and the state of Texas in
United States of America, without regard to choice of law principles.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of the EVENT SPACE, I consent to the
recording of the Child’s and my physical likeness and/or voice through mechanical,
photographic, technical, digital, electronic or other means ("Recordings"). I hereby
consent to and authorize i-SimRace and its agents, representatives, employees,
successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s
name and my name, for any purpose, including advertising, promoting, exploiting and/or
publicizing any service or product i-SimRace offers. I further agree that the foregoing
includes the consent to use the Child’s and/or my physical likeness in any form. In
addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force
and legal effect each time I or my child(ren)/ward(s) visit i-SimRace, whether at the
current location or any other location.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO
FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a. You acknowledge that there are inherent risks in the participation in or on any
simulators, and that such risks include not only the use of simulators, but other
activities and equipment. Patrons have a duty to exercise good judgment and act
in a responsible manner while using the equipment, and while engaging in such
activities. Patrons have a duty to obey all oral or written warnings, or both, prior
to or during participation, or both.
b. You have a duty to not participate in any activity on a simulator or engage in any
other activity or use any other equipment, when under the influence of drugs or
alcohol.
c. You have a duty to properly use all safety equipment provided.
d. You have a duty to not participate in any activity on any equipment, if you have
pre-existing medical conditions, circulatory conditions, heart or lung conditions,
recent surgeries, back or neck conditions, knee or ankle conditions, high blood
pressure, known pregnancy, any history of spine, musculoskeletal or head
injuries, or if you may be pregnant.
e. You have a duty to remove inappropriate attire including hard, sharp or
dangerous objects such as buckles, pens, purses, badges and so forth.
f. You have a duty to avoid bodily contact with other patrons.
g. You have a duty to conform with or meet height, weight or age restrictions
imposed by the manufacturer or owner to use or participate in any simulation
activity, whether involving the use of virtual reality equipment, including monitors
or goggles.
h. You have a duty to avoid crowding, standing on, or overloading individual
sections of the simulators, or other equipment.
i. You have a duty to use the equipment, within your own limitations, training and
acquired skills.
j. You also agree to follow and obey all posted and stated warnings and patron
education signs.
k. You agree to explain all safety rules to each Child you accompany, and to ensure
that each Child obeys the safety rules.
NOTICE TO THE MINOR CHILD'S PARENT OR NATURAL GUARDIAN:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET
YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU
ARE AGREEING THAT, EVEN IF I-SIMRACE AND ALL OTHER RELEASEES USE
REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR
CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS
ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE
ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS
FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO
RECOVER FROM I-SIMRACE AND ALL OTHER RELEASEES IN A LAWSUIT FOR
ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY
PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL
PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS
FORM, AND I-SIMRACE AND ALL OTHER RELEASEES HAVE THE RIGHT TO
REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I have read and understood the preceding paragraph. I have had sufficient opportunity
to read this document. I have read and understood and agree to be bound by its terms. I
understand that employees working at the i-SimRace facility, including the manager, do
not have the authority to waive any provision of this Agreement. This Agreement
constitutes and contains the entire agreement between i-SimRace and me relating to
the Child’s and my use of the i-SimRace Facility. There are no other agreements, oral,
written, or implied, with respect to such matters. I further agree that this Release shall
be construed in accordance with the laws of the state of Nevada and state of Texas in
the United States of America. If any term or provision of this Release shall be held
illegal, unenforceable, or in conflict with any law governing this Release the validity of
the remaining portions shall not be affected thereby. By signing below, I represent and
warrant that I am the parent, legal guardian, natural guardian or power-of-attorney of the
above listed Child(ren) and have the authority to execute this Agreement on his/her or
their behalf and to act on his/her or their behalf. I have read each and every paragraph
in this document and I and they agree to be bound by the terms stated therein, including
the release of liability contained therein. I further agree to indemnify and hold harmless
the Releasees from any and all claims which are brought by or on behalf of this or these
minor Child or Children, or any of them, which are in any way connected with, arise out
of, or result from their use of the EVENT SPACE Facility. I am 18 years of age or older.
I am entering this agreement on behalf of myself, my spouse or domestic partner, the
Child, and our respective and/or collective issue, parents, siblings, heirs, assigns,
personal representatives, estate(s), and anyone else who can claim by or through such
person or persons (collectively, the "Releasing Parties").
IN SUMMARY, BY ACCEPTANCE AND PURCHASE OF A RIDE, I ACKNOWLEDGE THAT IF I OR ANY
OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND
PROHIBITS ANY RECOVERY OF MONEY FROM ANY EVENT SPACE RELATED