Game Changerz Virtual Reality Limited of 100 -1437 Commercial Crescent, Prince George, BC V2M 0A2
1. A) Casualty Value means the market value of the equipment at the end of the term or when in relation to a total loss, the market value of the equipment would have had at the end of the term but for the total loss. The Casual Value may be less than but will not be more than the original purchase price of the equipment.
B) Equipment means Oculus Quest installed with Educational Software.
C) Total Loss means any loss or damage that is not repairable or that would cost more to repair than the market value of the equipment.
2. Game Changerz Virtual Reality Limited agrees to rent the equipment to the customer in accordance with the terms set out in this agreement.
3. The fee to rent the Oculus Quest is $30 per day for a minimum of 3 days plus GST and will be paid prior to the customer taking possession of the equipment. A weekly discounted fee is described at the end of the agreement.
4. The customer will pay the deposit of $250 prior to taking possession of the equipment. Game Changerz Virtual Reality Limited will refund the deposit to the customer provided the customer has performed all of its obligations under this agreement. Inspection by both parties is mandatory before and after the rental period.
Use of Equipment
5. Equipment will not be used by children under the age of 7 years old. The customer will not add or alter any existing software for any reason. Equipment will be used indoors only. Cleaning of the equipment must follow the process laid out in the Recommended Cleaning Document included with your rental. No defacing of the equipment. The condition of the equipment must be exactly as it was at the time of the rental. Wrist straps attached to the controllers must always be worn during use. Regular wear and tear of the equipment is normal and acceptable.
6. The equipment will be used for the customer’s personal or family use only.
7. The equipment will be in good working order and good condition upon delivery.
8. The equipment is of merchantable quality and is fit for the following purpose: Educational Entertainment
9. To the extent permitted by law, the customer will be responsible for risk of loss, theft, damage or destruction the equipment from any and every cause.
10. If the equipment is lost or damaged, the customer will pay Game Changerz Virtual Reality Limited the cost of fixing the damage or if beyond repair will pay the Casualty of Value of the equipment. The values of each component are as follows:
Each Hand Controller: $100
Headset Case: $50
Charger and Cord: $10
Silicone Mask: $10
Any damages that require excessive cleaning will result in a $50 cleaning fee. These damages include but are not limited to stains, heavy fragrances or smoke damage.
To avoid damages to the headset and hand controllers, when not in use, please keep all the equipment stored in the container provided.
To avoid accidentally throwing the hand controllers, always use (and tighten) the straps on them.
We thoroughly inspect and sanitize the equipment before you receive it. If there’s any existing damage, it will be noted on the checklist included. Please take a careful look at the equipment when you first receive it and report and unmentioned damage to us right away.
11. The equipment is the property of Game Changerz Virtual Reality Limited and will remain as such.
12. The customer will not encumber the equipment or allow the equipment to encumber or pledge the equipment as security in any manner.
13. Game Changerz Virtual Reality Limited warrants that it has the right to rent the equipment according to the terms in this agreement.
14. Game Changerz Virtual Reality Limited warrants that as long as no event of default has occurred, it will not disturb the customer’s quiet and peaceful possession of the equipment or use of the equipment for the purpose for which the equipment was designed.
15. No insurance coverage for the Equipment is required under this agreement.
16. The customer will indemnify and hold harmless Game Changerz Virtual Reality Limited against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities arising out of or related to the customer’s use of the equipment.
17. The occurrence of any one or more of the following events will constitute an event of default under this agreement:
A) The customer fails to pay any amount provided for in the agreement when such amount is due or otherwise breaches the obligations under this agreement.
B) The customer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of Canada or another competent jurisdiction.
18. On the occurrence of an event of default, Game Changerz Virtual Reality Limited will be entitled to pursue any one or more of the following remedies:
A) Apply the deposit toward repair or if necessary, replacement costs owing to Game Changerz Virtual Reality Limited, if damaged beyond repair or if equipment is not returned according to the agreement date.
B) Commence legal proceedings to recover costs and other obligations accrued before and after the event of default.
C) Take possession of the equipment, without demand or notice, wherever same may by be located, without any court order or other process of law.
D) Terminate this agreement immediately upon written notice to the customer.
E) Pursue any other remedy available in law or equity.
19. The customer will not assign this agreement or the equipment to any other person.
20. If the customer assigns this agreement or equipment to any other person, Game Changerz Virtual Reality Limited will have recourse to the remedies and will be entitled to all damages caused by the assignment and to terminate this agreement immediately.
21. The customer may renew this agreement for an additional term if the customer has given Game Changerz Virtual Reality Limited 1 (one) days’ notice, if the equipment is available for further rental and if the customer is not in default of any of the terms under this agreement. The renewal will be on the same terms as this agreement.
22. All dollar amounts in the agreement refer to Canadian dollars and all payments required to be paid under this agreement will be paid in Canadian dollars unless the parties agree otherwise.
23. Devices past the return date are subject to a $30 late fee per day.
24. It is the intention of the parties to this agreement that this agreement and the performance under this agreement, and all suits and special proceedings under this agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the las of the Province of British Columbia without regard to the jurisdiction in which any action or special proceeding may be instituted.
25. This agreement may be executed in counterparts. Signatures on website documents are considered original signatures.
26. This agreement will extend to and be binding upon the benefit of the respective heirs, executors, administrators, successors and assigns of each party to this agreement.
27. Neither party will be liable in damages or have the right to terminate this agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the party whose performance is affected.
28. This is a rental agreement only. You are not buying the equipment. Do not sign the agreement before you read it. You are entitled to a completed copy of this agreement when you sign it.
29. Total Cost of Agreement – Rental fees are $30 per day per headset plus GST totaling $31.50 per day per headset. Equipment can be rented weekly, in which case, the customer will receive a discount and fees will be $175 plus GST for totaling $194.25
30. A delivery and pick up charge of $5.00 is available upon request and due at time of rental.
31. Ordering from the website will require a credit card for both deposit and payment. If you choose to pay with a debit card, you will need to attend our venue at 100-1437 Commercial Crescent in Prince George, BC.
32. COVID-19 safety procedures in effect in regard to handwashing, disinfecting and social distancing.
33. Daily rates are considered 24 hours. All equipment must be returned at the same time it was rented.
34. By signing this agreement, you are also giving Game Changerz Virtual Reality Limited authorization to store you credit card information, your name, address, phone number and any other personal information required to rent the equipment.
35. By using Game Changerz VR services, you acknowledge you are renting hardware and software for the duration of your reservation. Please keep to all the in game safety guides to prevent equipment damages. You are financially responsible for damages to any equipment that may occur during playtime. This includes: Oculus Quest Headsets, headset case, controllers, controller straps, cables, silicone masks and any additional cleaning equipment. In case of such damage(s) you are responsible to pay the price of the damaged equipment.
36. I acknowledge that I am responsible for the equipment I am renting, and any damage or loss that occurs during the time of my rental will be charged to my credit card.
35. Game Changerz Virtual Reality Limited uses an in-house waiver that is included in this agreement. Applicable liabilities extend to the customers’ homes as set out below.
By signing this document, you will waive certain legal rights, including the right to sue.
READ CAREFULLY BEFORE SIGNING
By signing this Waiver and Release of Liability (Agreement), I waive and release Game Changerz VR , its agents, servants, employees, insurers, successors and assigns from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence or involvement at the facility.
This waiver and release is intended to and does release Game Changerz VR from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Game Changerz VR negligence. This is not intended to release Game Changerz VR from any liability resulting from their intentional misconduct.
I further covenant and agree not to institute any claims or legal action against Game Changerz VR for any claim released by this Agreement. I further agree that should any claim be made against Game Changerz VR in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Game Changerz VR for any such claim and expenses including attorney's fees and costs incurred by Game Changerz VR in defending themselves or security indemnity hereunder.
I acknowledge that my use of Game Changerz VR virtual reality equipment entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that 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 Premises. Game Changerz VR employees have difficult jobs to perform. They seek to create a safe environment, 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. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate, despite the risks.
Game Changerz VR virtual reality equipment is for users who are seven (7) years of age and up and stand at least 40" tall. Anyone under the Age of 13 must always be supervised by a parent/guardian. Adults should monitor children who are using or have used the VR equipment for any of the symptoms described below and should ensure they take breaks during use. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance and multi-tasking ability.
A comfortable virtual reality experience requires an unimpaired sense of motion and balance. Do not use the Game Changerz VR virtual reality equipment when you are tired, are under emotional stress or anxiety, when suffering from a cold, flu, headaches, migraines or earaches, as this can increase your susceptibility to adverse symptoms.
The use of tobacco, drugs or alcohol is strictly prohibited while using our hardware. Any evidence of smoke/vape damage will result in a cleaning fee of $50.
You must be 7 years and over to play. We do not recommend this experience to those who are:
have pre-existing binocular vision abnormalities
have psychiatric disorders
suﬀer from a heart condition
other serious medical condition
children under the age of 13 without proper parent or guardian participation and permission
Seizures: Some people (about 1 in 4000) may have severe dizziness, seizures, epileptic seizures or blackouts triggered by light ﬂashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people under the age of 20. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before playing VR games.
I have had sufficient opportunity to read this Agreement and understand and agree to be bound by their terms, including the waiver/release of any legal right I may have to sue Game Changerz VR for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Game Changerz VR , will void and terminate this Agreement and may result in loss of the ability to use the facility.
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