⚠️ Legally Binding Agreement

By accessing, booking, purchasing, entering, observing, or participating in any activity, experience, or service provided by NEX PLAY XR, whether on-site or through any digital platform, the undersigned participant acknowledges and agrees that this document constitutes a legally binding agreement and enforceable contract between Participant and NEX PLAY XR, its owners, officers, members, managers, employees, agents, contractors, affiliates, licensors, successors, assigns, and all related entities (collectively, the "Company"), and that Participant is voluntarily relinquishing substantial legal rights, including but not limited to the right to bring claims or initiate legal proceedings against the Company.

1. Assumption of Risk (Expanded)

Participant acknowledges, understands, and expressly agrees that participation in virtual reality (VR), augmented reality (AR), extended reality (XR), motion simulation systems, interactive gaming environments, physical movement-based attractions, and related activities involves inherent, latent, and non-obvious risks, hazards, and dangers that may result in physical injury, psychological harm, emotional distress, property damage, permanent disability, or death. Such risks include, without limitation, tripping, slipping, falling, collisions with walls, structures, objects, or other participants, malfunction or failure of equipment, improper calibration of systems, sensory disorientation, vertigo, nausea, dizziness, seizures, panic responses, cardiovascular strain, and any other injury arising from immersive technological environments.

Participant further acknowledges that such risks may arise from known or unknown causes, including but not limited to Participant's own actions or inactions, the actions or inactions of others, defects in equipment, environmental conditions, or the alleged negligence of the Company, and Participant expressly and voluntarily assumes all such risks in their entirety.

2. Voluntary Participation and Acceptance

Participant affirms that participation is voluntary, that no representations or guarantees have been made regarding safety, and that Participant elects to engage in such activities with full knowledge of the risks involved. Participant further acknowledges that the Company has made no warranties, express or implied, regarding the safety, suitability, or fitness of any activity, equipment, or environment, and that Participant accepts the condition of the premises and equipment "AS IS" and "WITH ALL FAULTS."

3. Waiver, Release, and Covenant Not to Sue (Maximum Scope)

To the fullest extent permitted by applicable law, Participant hereby irrevocably releases, waives, discharges, and covenants not to sue the Company from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, including but not limited to claims arising out of or related to personal injury, illness, emotional distress, wrongful death, property damage, economic loss, or any other harm, whether arising in contract, tort, strict liability, or otherwise.

This waiver expressly includes, without limitation, any claims based upon the alleged negligence, gross negligence (to the extent waivable), premises liability, negligent supervision, negligent instruction, failure to warn, product defects, or any other act or omission by the Company.

4. Negligence and Premises Liability Waiver

Participant expressly acknowledges and agrees that this Agreement is intended to release the Company from liability for its own negligence to the maximum extent permitted under Florida law, including any duty arising from ownership, operation, maintenance, inspection, or control of the premises, equipment, or activities. Participant understands that this clause is a material inducement for the Company to allow participation and that without such agreement, participation would not be permitted.

5. Medical Fitness and Health Representations

Participant represents and warrants that they are physically and mentally capable of safely participating in the activities offered, and that they do not suffer from any medical condition, impairment, or disability that could be aggravated or exacerbated by participation, including but not limited to epilepsy, seizure disorders, heart conditions, respiratory issues, musculoskeletal limitations, or severe motion sensitivity. Participant agrees to assume full responsibility for any adverse medical outcome and acknowledges that the Company has no obligation to screen, monitor, or evaluate Participant's fitness.

6. No Duty of Care / No Safety Guarantee

Participant acknowledges that the Company does not and cannot guarantee the safety of any activity, and that risks cannot be completely eliminated. Participant agrees that the Company owes no duty to eliminate or mitigate all risks, and that Participant assumes responsibility for their own safety at all times while on the premises or participating in any activity. Height requirement of 48 inches is a general guideline and does not constitute a safety guarantee.

7. Indemnification and Defense (Broad Form)

Participant agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, demands, actions, damages, judgments, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to Participant's actions, omissions, participation, or breach of this Agreement, including any claims brought by third parties, family members, or legal representatives.

8. Minor Participants (Parent/Guardian Waiver)

If Participant is a minor, the undersigned parent or legal guardian acknowledges and agrees that they are executing this Agreement on behalf of the minor and themselves, and that they expressly waive and release any and all claims on behalf of the minor, including claims arising from injury or death. The parent/guardian further agrees to indemnify and hold harmless the Company from any claims brought by or on behalf of the minor, including future claims, and accepts full financial responsibility for any damages caused by the minor.

9. Property Damage and Financial Responsibility

Participant agrees to be financially responsible for any damage to equipment, facilities, or property resulting from misuse, negligence, or failure to follow instructions, and authorizes the Company to charge for repair or replacement costs as necessary.

10. Image, Likeness, and Content License

Participant grants the Company a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable license to use, reproduce, distribute, modify, display, and create derivative works from Participant's name, image, likeness, voice, and any content captured during participation, for any lawful purpose, including marketing, advertising, promotional, and commercial uses, without compensation or notice.

11. Arbitration and Class Action Waiver

Participant agrees that any dispute, claim, or controversy arising out of or relating to this Agreement or participation shall be resolved exclusively through binding arbitration administered under the rules of JAMS, in the State of Florida, and that Participant waives any right to bring or participate in a class action, collective action, or jury trial. Arbitration shall be conducted on an individual basis only.

12. Limitation of Liability and Damages

To the maximum extent permitted by law, Participant agrees that the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or emotional distress, and that any recovery shall be limited strictly to the amount paid, if any, for participation.

13. Digital Signature and Enforcement

Participant agrees that electronic signatures are legally binding under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and Florida's Electronic Signature Act. Records including name, email, IP address, timestamp, and device data constitute evidence of agreement. Participant confirms they have read or had the opportunity to read this Agreement and choose to be bound by its terms.

14. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles, and any permitted legal action shall be brought exclusively within the State of Florida.

15. Severability and Survival

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and any such provision shall be modified to the extent necessary to render it enforceable.

16. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether written or oral. No reliance on any external statements, verbal representations, or prior agreements shall be claimed.

By signing below, Participant acknowledges that they have carefully read this Agreement, fully understand its terms, understand that they are giving up substantial legal rights, including the right to sue, and voluntarily agree to be bound by its terms.

⚠️ Legally Binding Agreement — Parent/Guardian Required

This Minor Participant Waiver & Release of Liability Agreement ("Agreement") is entered into by the undersigned parent or legal guardian ("Guardian") on behalf of the minor participant identified below ("Minor"), in favor of NEX PLAY XR, its owners, officers, members, managers, employees, agents, contractors, affiliates, and all related entities (collectively, the "Company").

1. Guardian Representations

The undersigned Guardian represents and warrants that: (a) they are the parent or legal guardian of the Minor; (b) they have full legal authority to execute this Agreement on behalf of the Minor; (c) they have read and fully understand this Agreement; and (d) they are voluntarily executing this Agreement as a condition of the Minor's participation in NEX PLAY XR activities.

2. Assumption of Risk on Behalf of Minor

Guardian acknowledges, on behalf of themselves and the Minor, that participation in VR, AR, XR, motion simulation, interactive gaming, and physical movement-based experiences involves inherent, significant, and unavoidable risks, including but not limited to bodily injury, permanent disability, emotional distress, or death. Such risks may arise from equipment malfunction, physical movement within immersive environments, sensory disorientation, dizziness, interaction with other participants, or environmental/operational conditions.

Guardian voluntarily assumes ALL RISKS, whether known or unknown, foreseeable or unforeseeable, on behalf of the Minor.

3. Full Waiver and Release on Behalf of Minor (Maximum Scope)

To the fullest extent permitted by Florida law, Guardian, on behalf of themselves and the Minor, hereby irrevocably releases, waives, discharges, and covenants not to sue the Company from any and all claims, demands, liabilities, damages, or causes of action of any kind whatsoever arising from the Minor's participation, including claims for personal injury, death, property damage, emotional distress, or economic loss — INCLUDING CLAIMS ARISING FROM NEGLIGENCE, PREMISES LIABILITY, FAILURE TO SUPERVISE, OR EQUIPMENT FAILURE.

4. Negligence Waiver

Guardian expressly agrees that this Agreement is intended to release the Company from liability for its own negligence to the maximum extent permitted under Florida law, and acknowledges that this waiver is a material condition of the Minor's participation.

5. No Duty of Care / No Safety Guarantee

Guardian acknowledges that NEX PLAY XR does not guarantee a safe environment, risks cannot be eliminated, and the Company has no obligation to eliminate all hazards. The Minor's participation is entirely voluntary and at the Minor's and Guardian's own risk.

6. Medical Fitness Representation for Minor

Guardian represents that the Minor is physically and mentally fit to participate and does not suffer from any condition that may be aggravated, including but not limited to seizure disorders, heart conditions, or severe motion sensitivity. Guardian assumes full responsibility for any adverse medical outcome involving the Minor.

7. Indemnification — Guardian's Personal Obligation

Guardian personally agrees to indemnify, defend, and hold harmless NEX PLAY XR from any and all claims, liabilities, damages, and expenses, including attorneys' fees, arising out of or related to the Minor's actions, the Minor's participation, or any claim brought by third parties, even if caused by negligence. Guardian accepts full financial responsibility for any damages caused by the Minor.

8. Height Requirement Acknowledgment

Guardian acknowledges that NEX PLAY XR's 48-inch height requirement is a general guideline and does not constitute a safety guarantee. Guardian assumes full responsibility for ensuring the Minor meets any applicable requirements and for any consequences arising from participation.

9. User Conduct & Removal

Guardian agrees that the Minor will follow all rules and staff instructions. NEX PLAY XR reserves the right to remove the Minor for unsafe behavior without refund. Guardian accepts responsibility for the Minor's conduct at all times.

10. Property Damage Liability

Guardian agrees to be financially responsible for any damage to equipment or property caused by the Minor due to misuse, negligence, or failure to follow instructions.

11. Image and Likeness Release for Minor

Guardian grants NEX PLAY XR a perpetual, irrevocable, worldwide, royalty-free license to use the Minor's image, likeness, voice, and any content captured during participation for marketing, promotional, and commercial purposes without compensation.

12. Arbitration & Class Action Waiver

Guardian agrees that all disputes relating to the Minor's participation shall be resolved exclusively through binding arbitration in the State of Florida under JAMS rules, and waives the right to file lawsuits, participate in class actions, or request a jury trial on behalf of the Minor.

13. Future Claims Waiver

Guardian expressly waives any claims that may arise in the future on behalf of the Minor, including claims the Minor may personally bring upon reaching the age of majority, to the fullest extent permitted by Florida law.

14. Governing Law

This Agreement shall be governed by the laws of the State of Florida and enforced to the maximum extent permitted.

15. Digital Signature & Enforcement

Guardian agrees that electronic signatures are legally binding. Records including name, email, IP address, timestamp, and device data constitute evidence of this Agreement. Guardian confirms they have read and understood this Agreement and voluntarily execute it on behalf of themselves and the Minor.

By signing below, Guardian confirms they have read and fully understand this Agreement, that they are waiving substantial legal rights on behalf of themselves and the Minor, and voluntarily accept all risks.

Information We Collect

NEX PLAY XR collects personal information you provide when booking, completing waivers, or contacting us, including name, email, phone number, date of birth, digital signatures, and payment information. We also collect technical data including IP addresses, device information, and usage data when you visit our website.

How We Use Your Information

We use collected information to: process bookings and payments; maintain legally required waiver records; communicate about your reservations and inquiries; send marketing communications (with your consent); comply with legal obligations; and enforce our Terms & Conditions.

Legal Records Retention

Signed waivers, digital signatures, IP addresses, timestamps, and related records are retained for a minimum of 7 years as required for legal compliance and defense purposes under Florida law.

Data Sharing

We do not sell your personal information. We may share information with service providers who assist our operations, legal authorities when required by law, or successors in the event of a business transfer.

Your Rights

You may request access to, correction of, or deletion of your personal information by contacting fun@nexplayxr.com. Note that waiver and legal records may be retained regardless of deletion requests due to our legal obligations.

Contact

For privacy inquiries: fun@nexplayxr.com | 1-800-NEXPLAYXR