LIABILITY WAIVER

LIABILITY WAIVER AND RELEASE

LIABILITY WAIVER, RELEASE OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT

I, the undersigned participant (the “Participant”), and if the Participant is under 19 years of age, the Participant’s parent/legal guardian (together with the Participant, the “Releasors”), acknowledge that by signing and/or submitting this document I/we are giving up certain legal rights, including the right to sue.

In consideration of being permitted to enter Arcadia and participate in activities operated by Arcadia (“Arcadia” / “Arcadia Magic”) located at:

707 Johnson St, Victoria, British Columbia, Canada
(the “Venue”), I/we agree as follows:

1) Activities Covered

This waiver applies to all activities at Arcadia, including but not limited to:

Virtual Reality (VR) experiences (headsets, controllers, room-scale/free-roam play)
Escape Room experiences (puzzles, timed challenges, themed sets/props)
Active Grid / LED Floor Games (interactive LED-floor play involving running, jumping, fast direction changes, and group play)
Arcade and related attractions, waiting areas, party rooms, hallways, and common areas

(collectively, the “Activities”).

2) Assumption of Risk

I understand that participation in the Activities involves inherent risks that cannot be eliminated, which may result in property damage, injury, illness, or in rare cases severe injury or death.

Risks may include, without limitation:

slips, trips, falls, collisions with objects/people, and impacts with walls, props, doors, or fixtures
strains/sprains, muscle soreness, joint injuries, overexertion, fatigue
Active Grid / LED Floor risks: jumping/landing, sudden stops/turns, crowded play, loss of balance
VR risks: motion sickness, dizziness, nausea, disorientation, temporary vision discomfort, loss of balance, tripping, collisions, and headset/controller impacts
Escape Room risks: navigating themed environments, time pressure, startled reactions, interacting with props, moving through spaces with low light or narrow pathways
psychological/emotional discomfort depending on content
hearing discomfort from loud sounds, flashing lights, or sensory stimulation
other known or unknown risks related to interactive entertainment

I voluntarily choose to participate with full knowledge of these risks.

3) Health & Safety Confirmation

I confirm that:

I am physically and medically fit to participate and have no condition that would make participation unsafe (including, for example, heart conditions, seizures, serious balance issues, uncontrolled asthma, or other conditions affected by physical activity, flashing lights, or VR use).
I will follow all posted rules and all staff instructions at all times.
I will not participate under the influence of alcohol, cannabis, or drugs (including impairing prescription medication).
I will stop immediately and notify staff if I feel unwell (e.g., dizziness, nausea, pain, panic, or discomfort).

4) Release of Liability (Waiver)

To the fullest extent permitted by law, I/we release and forever discharge Arcadia and its owners, directors, officers, employees, contractors, volunteers, agents, representatives, affiliates, successors, and assigns (the “Releasees”) from any and all claims, demands, actions, causes of action, damages, losses, costs, or liability arising out of or related to my participation in the Activities or presence at the Venue, including claims arising from the negligence of the Releasees, except to the extent prohibited by applicable law.

5) Covenant Not to Sue

I/we agree not to sue, commence, or participate in any legal proceeding against any of the Releasees for any claims released by this waiver.

6) Indemnity

I/we agree to indemnify and hold harmless the Releasees from any and all claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:

my actions or omissions during the Activities,
my failure to follow rules or staff instructions,
damage I cause to persons or property, and/or
claims brought by or on behalf of a minor Participant for matters covered by this waiver.

7) Marketing Communications Consent (Optional)

If I provide my email address and/or phone number:

YES, I consent to receive marketing communications from Arcadia (promotions, updates, newsletters). I understand I can unsubscribe at any time.

NO, I do not consent to marketing communications.

8) Personal Property

I am responsible for my personal property. Arcadia is not responsible for loss, theft, or damage to personal items, except where required by law.

9) Severability

If any part of this waiver is found invalid or unenforceable, the remaining portions will remain in full force and effect.

10) Governing Law & Jurisdiction

This waiver shall be governed by the laws of British Columbia and the applicable laws of Canada, and any disputes shall be resolved in the courts of British Columbia, unless otherwise required by law.

11) Acknowledgement & Execution

I/we have read and understood this waiver,
I/we understand it affects legal rights,
I/we agree voluntarily, and
if signing for a minor, I am the minor’s parent/legal guardian and I consent on the minor’s behalf.

PARTICIPANT INFORMATION

Participant Full Name(Required)

Phone(Required)

Date of Birth(Required)

Email(Required)

FINAL CONFIRMATION (CHECK TO SUBMIT)(Required)

I AGREE — By checking this box and submitting this form, I confirm that I have read, understood, and agree to the Liability Waiver and Release, and that this electronic submission is the legal equivalent of my signature.