Rules for using virtual reality equipment at Kitchener Public Library
The following rules govern your participation and/or your child/ward’s participation in any virtual reality activity at Kitchener Public Library:
All Users using the virtual reality equipment for the first time are required to accept the rules, terms and conditions prior to using the equipment. For Users under the age of 18, a parent or guardian's acceptance of the rules, terms and conditions is required.
We recommend consulting a physician before using the virtual reality equipment if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition. Anyone who has had a seizure, loss of awareness, or other symptoms linked to an epileptic condition should also consult a physician before using the virtual reality equipment.
The virtual reality equipment may not be used by children shorter than 48 inches. Adults should monitor children who are using or have used the VR equipment for any of the symptoms described below, and should limit the time children spend using the virtual reality equipment 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 use of the VR equipment for any decrease in these abilities.
A comfortable virtual reality experience requires an unimpaired sense of motion and balance. Do not use the virtual reality equipment when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches, as this can increase your susceptibility to adverse symptoms. Operation of virtual reality equipment under the influence of drugs or alcohol is strictly prohibited.
Immediately cease use of the virtual reality equipment if you experience any of the following symptoms: 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, fatigue, or any symptoms similar to motion sickness. Consult a physician if you have serious and/or persistent symptoms.
The virtual reality equipment can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the virtual reality equipment without first consulting your physician or the manufacturer of your medical device.
Symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machinery, or engage in other visually or physically demanding activities that have potentially serious consequences (i.e., activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as playing sports or riding a bicycle, etc.) until you have fully recovered from any symptoms.
Food and drink are not permitted within the virtual reality gaming area stations.
Users or library staff may need also be required to calibrate the virtual reality equipment prior to beginning their session. The calibration of the virtual reality equipment may take up a portion of the User’s time allotment scheduled booking at the Premises.
Any damage caused to virtual reality equipment by you and/or your child/ward shall be your sole liability and you shall indemnify and save harmless Kitchener Public Library from said damages.
Kitchener Public Library is not responsible for any lost, stolen, or damaged personal items which occur during your time on the library premises.
Any misconduct, including but not limited to excessive yelling, swearing, misuse of equipment, intentional disruption of other patrons, will result in the immediate termination of your session by Kitchener Public Library staff at their sole discretion.
Terms and Conditions
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement
By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!
TO: Kitchener Public Library, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "KPL":
This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the "Agreement"), together with any documents referred to herein, governs the User's (described below) use of the virtual reality equipment with various virtual reality content and/or software (the "Services"), at Kitchener Public Library locations (the "Premises").
IN CONSIDERATION OF KPL allowing the User to use the Services, the User agrees as follows:
1. By using the Services I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words "I" and "me" in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. 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 a legal agreement in the province of Ontario, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.
2. If I do not agree to the terms of this Agreement I understand that I must promptly discontinue my access to and use of the Services. Any continued use of the Services will be considered as consent and acceptance of the terms of this Agreement the User or their parent or legal guardian.
3. I acknowledge that my use of 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. KPL 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 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.
4. If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that KPL will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.
5. UNDER NO CIRCUMSTANCES WILL KPL, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH KPL DOES BUSINESS ("BUSINESS PARTNERS"), 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 HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS KPL AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST KPL, AND TO RELEASE KPL FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE 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 WHATSOEVER, 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, R.S.O. 1990, c. O. 2 ON THE PART OF KPL AND FURTHER INCLUDING THE FAILURE ON THE PART OF KPL TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE VIRTUAL REALITY EQUIPMENT AND VARIOUS VIRTUAL REALITY CONTENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS "CLAIMS").WITHOUT LIMITING THE FOREGOING, THE LIMIT ON KPL'S (INCLUDING ITS BUSINESS PARTNERS) 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.
6. I agree to hold harmless and indemnify KPL from any and all liability for any property damage or personal injury to any third party resulting from my use of virtual reality equipment. I also agree to indemnify and fully compensate KPL for any property damage I cause to KPL property, including but not limited to virtual reality equipment, resulting from my use of virtual reality equipment. Furthermore, should KPL or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold KPL harmless from all such fees and costs.