By agreeing to this service agreement (also known as a non-staffed rental agreement, equipment only rental agreement, or virtual event agreement), accepting the equipment delivery, and/or paying your invoice from VirtualRealityRental.co, you agree to the terms below.

Terms:
You = The Client
We = The Company = VirtualRealityRental.co

Lease: You agree to lease the equipment described in your invoice. Payment is due immediately and in full upon receipt and prior to delivery.

AR/VR Experience Selection:
For Non-Staffed / Equipment Only Orders: You agree to select and/or provide the VR experiences [Game(s), Movie(s), Video(s), Experience(s)] for your rental at least seven (7) business days prior to your delivery date. By failing to do so, you will incur an expedited servicing and shipping fee. These fees are determined by your order size, lease duration, and shipping address confirmation delay (# of days).

For Virtual Events: You agree to select and/or provide the VR experiences [Game(s), Movie(s), Video(s), Experience(s)] for your rental at least ten (10) business days prior to your delivery date. By failing to do so, you will incur an expedited servicing and shipping fee. These fees are determined by your order size, lease duration, and shipping address confirmation delay (# of days).

Shipping Address Confirmation: You agree to confirm and/or provide the appropriate shipping address for your rental delivery at least seven (7) business days prior to your rental start date for recipients in the United States and fourteen (14) days for recipients outside the United States. By failing to do so, you may incur an expedited servicing and shipping fees. These fees are determined by your order size, lease duration, and shipping address confirmation delay (# of days).

Wrong Shipping Address Is Provided: If a wrong address is provided and causes delivery delays, we will not be held responsible for said delays and no refunds or credits will be given. If a wrong address is provided and the shipment is delivered, you and the expected recipient will help us to retrieve package from wrong address. If we are unable to retrieve the package, you are responsible for any replacement costs owing to the equipment being delivered to the wrong address. Payment must be made in full with in fifteen (15) days.

Delivery and Return: Since we partner with a third-party logistics provider (FedEx), we cannot guarantee a day or time for delivery. All listed arrival times are estimates only. VirtualRealityRental.co is not responsible for delivery delays caused by FedEx.

To receive your package, FedEx requires a signature. You will ensure recipients make themselves available to sign for the package to prevent any delivery delays. VirtualRealityRental.co is not responsible for delivery delays caused by signature related delays (delivery exceptions).

International Shipping: If your package is stopped or held by customs, you will help us to clear the package in a timely manner. If we are unable to clear the package, you are responsible for any replacement costs owing to the equipment being stopped or held by customs. Payment must be made in full with in fifteen (15) days. If your package is stopped or held by customs and later cleared causing delivery delays, we will not be held responsible for said delays and no refunds or credits will be given.

Cancellations: We reserve the right to cancel any order at any time before delivery occurs. You may cancel your order anytime before the equipment has shipped. In order to receive a full refund, cancellations must be made both within thirty (30) days from the date you confirmed your rental and paid your deposit and no later than fifteen (15) days before the event date. All refunds are subject to a 3% transaction fee. After 30 days you forfeit any payment made to the company and are responsible for paying any remaining balance within 48 hours.

Order Reduction: You may reduce your order anytime before the equipment has shipped. In order to receive a prorated refund or credit, order reductions must be made at least thirty (30) days before the event date for events in February through October and sixty *(60) days before the event date for events in November through January. All refunds are subject to a 3% transaction fee. Credits are not subject to a transaction fee, but do expire after a year. If you reduce your order inside those deadlines you are responsible for paying the invoice in full regardless if you decide to reduce your order or not.

Rescheduling Before Equipment Has Shipped:

If we are unable to accommodate your newly requested rental date the cancellation clause above applies.

Rescheduling After Equipment Has Shipped:

While we cannot guarantee availability, we will do our best to accommodate your new rental date. Please work with your VirtualRealityRental.co contact to find a new rental date that works for both parties. If the delay between the events is minimal, your VirtualRealityRental.co contact may allow you to keep the rentals until your event date. If your new event date is unknown or into the future, the equipment must be returned. For these cases, you will be billed for the additional shipping and handling charges as well as a restocking fee prior to the shipment of your newly rescheduled order. Said fees are determined by your order size.

If we are unable to accommodate your newly requested rental date the cancellation clause above applies.

Shipping Costs: You agree to pay both outgoing and return shipping charges via FedEx Ground. The shipping carrier will be FedEx for all transport of the equipment. If you request expedited shipping via 2 Day or overnight that will be an additional fee and will be billed separately.

Use of return shipping methods other than those agreed upon at the time of the transaction violate the terms of this agreement. This violation may result in additional charges to you due to damage, late return, or the equipment failing to arrive.

Rental Term: The term of this lease shall be in accordance with the date of rental and the date of return listed on the order receipt (invoice).

By agreeing to these terms, you agree to return the equipment to FedEx by the end of the business day on the “date of return” listed on the order invoice.

Branded Content: Video branding is not included in our packages unless specifically stated. If you request your videos be branded, that will be an additional fee and will be billed separately.

Equipment Malfunction: In the event that equipment malfunctions, you shall contact us immediately and arrange to return the equipment prior to the end of the term. We agree to refund any portion of your rental payment due to malfunctions we are able to confirm/validate. If we are unable to confirm the malfunction we may still refund a prorated portion of your invoice minus S&H and restocking fee. Said fees are determined by the amount of equipment returned.

If you are experiencing technical difficulties, or something doesn’t seem to be working the way you expected, you must contact our support for assistance. Most of the time, there is a quick and easy fix that we can explain to you. If you fail to contact support with any technical questions, no refunds will be given for non-functioning equipment.

Late Returns: Late returns (returns arriving back to FedEx after the “date of return” listed on the order invoice) are penalized a maximum daily penalty equivalent to 100% of the 1-day rental rate for the equipment. All late fees will be due within seven (7) business days.

Unreturned Equipment: All applicable equipment including but not limited to tripods, mice, link boxes, headsets, computers, laptops, cords, cables, keyboards, controllers, sensors, divider curtains, divider frames, cases, pouches, printed collateral, signage, placemats, menus, eye pieces, face masks, folders, and chargers must be returned to FedEx on the date outlined on your agreement. Failure to return equipment to FedEx on the date outlined on your agreement will result in additional charges. We consider equipment to be “returned” by you if the tracking information provided through FedEx outlines that the equipment has been received by FedEx on or before the outlined on your agreement. For every day over you will be charged an additional prorate rental fee. In the event the rental is not returned to us within seven (7) days of the due date for any reason, the equipment will be considered stolen and you will be charged up to three times the full market value of the equipment (varies based on equipment type) to account for both acquiring new equipment, setting it up, updating our systems systems, and restocking said equipment. Failure to return the equipment or pay applicable penalties or fees will result in civil and criminal proceedings.

Use: You agree to use the equipment safely and with care. You assume all liability including but not limited to costs arising from malfunction or failure of the equipment. It is your responsibility to comply with all applicable laws and ordinances relating to your use and possession of the equipment. You fully understand the contents of this agreement and that this release cannot be modified orally. You are aware that this is a release of liability and a contract

Payment: You agree to pay the full total fees due for your order seven (7) days before the date of delivery, or the date otherwise specified in your order invoice. VirtualRealityRental.co may cancel your order if the required payment has not been made by the due date, or may charge a late payment fee of up to 30% of your order total for every day after the due date that your order fees are not paid.

Ownership: VirtualRealityRental.co retains the right of ownership over all equipment. However, VirtualRealityRental.co does not make any claim to images, videos, sound recordings, or other content you make while using the equipment.

Google Chromecast Operation: Google Chromecasts must be connected to the internet to work. If you do not have an active internet connection at your event/location via Wifi or you cannot access said Wifi connection, the Google Chromecast devices you rented will not work. You will not received a discount or refund if you cannot get these to work due to lack of, quality issues with, or access to internet connection/Wifi.

Modifications: By agreeing to lease our equipment, you agree not to materially modify or alter the equipment in any way. Modification of the equipment represents a violation of this agreement. In the event you modify the equipment, you agree to be responsible for all costs to restore the equipment to its normal condition or if need be, to replace the equipment. Unacceptable modifications include, but are not limited to removing stickers/labels, damaging stickers/labels, removing software, voiding the equipment warranty including altering the function or appearance of said devices.

Extended Hours: If you choose to host your virtual event outside the hours of 8am - 7pm CT, you may be subject to an “Extended Hours” surcharge.

Damaged Equipment: Upon receipt you agree to bear the risk of damage to the equipment from any cause and continue to bear the risk of damage until the equipment is returned to FedEx.”

You must report pre-existing damage to us within six (6) hours after the equipment arrives.

If the equipment is damaged under your possession, we will choose the method and venue for repair. We may choose to repair the equipment in-house or to send the equipment to an external repair facility. Costs relating to repairs will be assessed in accordance with market value for services and parts. You are responsible for all costs relating to repairs.

If there is a dispute regarding the nature or origin of this damage, we will send the equipment to a third-party repair facility chosen by us. The opinion of the repair facility regarding the nature of the damage will be binding and represents an extension of the terms of your agreement with VirtualRealityRental.co.

Dirty Equipment: You agree to return the equipment in clean condition. We may charge a cleaning fee for the equipment if any of the following must be removed from the equipment upon return to us: smoke, mud, dirt, dust, makeup, grass, chalk, sand, or any other material at our discretion.

Lost or Stolen Equipment: Once you or your recipients / participants take possession, you assume the risk of loss of the equipment due to any cause until the equipment is returned to FedEx. You are responsible for any replacement costs owing to the equipment being lost or stolen. Payment must be made in full with in seven (7) days.

Default: In the event that you fail to pay any costs arising from this transaction, you will be considered in default. VirtualRealityRental.co reserves the right to pursue all applicable civil and criminal remedies, including but not limited to debt collection and attorney’s fees.

Taxes or Duties: You are responsible for any taxes, duties, liens, or other fees relating to your rental of the equipment.

Severability and Governing Law: This contract represents the entire agreement between VirtualRealityRental.co and you. If any portion of this agreement is found unenforceable, the remainder of the agreement will remain valid. This agreement will be governed by the laws of the State of Texas and jurisdiction for adjudication of any disputes regarding this agreement will remain within the State.

Limitation of Liability. We (VirtualRealityRental.co / the Company) and our affiliates’ cumulative liability to you (the Client), (or any other party whatsoever) for any loss or damages resulting from any claims, demands or actions arising out of or relating to the Services, whether in contract, tort, (including negligence) or otherwise, shall not exceed the Payment made to you (the Company) for such Services. In no event shall the Company or its affiliates be liable for any indirect, incidental, consequential, special, punitive or exemplary damages or lost profits.

Indemnification. Each Party agrees to indemnify and hold harmless the other and their respective directors, officers, agents and employees (each, an “Indemnified Person”) from and against any damages, and shall reimburse each Indemnified Person for all reasonable expenses (including reasonable attorney’s fees) as they are incurred in investigating, preparing or defending any claim, action, proceeding, or investigation, whether or not in connection with pending or threatened litigation and whether or not any Indemnified Person is a party (collectively, “Actions”), arising out of or in connection with the negligent acts or misconduct by Each Party in the performance of this Agreement. Despite the foregoing, Each Party shall not be responsible for any damages of any Indemnified Person that have resulted from the gross negligence or willful misconduct of such or any Indemnified Person in connection with any of the advice, actions, inactions, or Services referred to above.

Representation and Warranties. You (the Client) represent to us the following: you are duly organized, validly existing, and in good standing under applicable state. You have all requisite power and authority to carry on its business as currently conducted. The execution of the Agreement and the performance of the Services does not and will not (i) violate the your certificate of formation, or equivalent document, or any material judgment, order, writ, decree, statute, rule or regulation applicable to the Client; (ii) violate any provision of, or result in the breach or the acceleration of, or entitle any other person to accelerate (whether after the giving of notice or lapse of time or both), any material mortgage, indenture, agreement, instrument or contract to which you, or a principal or agent, is a party or by which it is bound; or (iii) result in the creation or imposition of any lien upon any property, asset or revenue of the Client or the suspension, revocation, impairment, forfeiture, or nonrenewal of any material permit, license, authorization or approval applicable to the Client, its business or operations, or any of its assets or properties.

Force Majeure. Either party (Company / Client) may be released from its obligation to perform under this agreement in the event that acts of God, domestic war, government regulations, riots, terrorism, disasters, or strikes renders such performance objectively impossible or illegal. The party invoking this clause must send written notice to the other party within ten (10) days after the occurrence of such force majeure event. Under no circumstance shall an information/recognition picket line excuse party from performance hereunder. The excused party is obligated to promptly resume performance in accordance with the terms of this Agreement after such intervening cause ceases, to the extent possible

Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of Texas without regard to any provisions relating to conflict of laws. Venue shall be in the state or federal courts of Harris County, Texas. Except as otherwise provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors, and administrators of the Parties hereto. This Agreement and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement among the Parties and supersede all prior agreements and understandings relating thereto. Neither this Agreement nor any term hereof may be amended, waived, discharged, or terminated other than by a written instrument signed by the Party against whom enforcement of any such amendment, waiver, discharge, or termination is sought. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision. Any severed provision shall be amended as best as possible in order to affect the original intent of the Parties. It is agreed that, in addition to any other remedies a Party may have at law or equity, the Parties shall be entitled to seek an injunction or injunctions to prevent breach of this Agreement and to enforce specifically the terms hereof. Notices must be in writing, and shall be considered to have been received when received via electronic email to the addresses below:

Ensure Participants Are Able to Safely Use the Product
Consult with health care professionals before using the product or allowing others to use this product if a pre-existing serious medical conditions (such as a heart ailment) is present or conditions that affect one’s ability to safely perform physical activities, psychiatric conditions (such as anxiety disorders or post-traumatic stress disorder), or if one is pregnant or elderly. Do not use the product if one is sick, fatigued, under the influence of intoxicants/drugs, or are not feeling generally well, as it may exacerbate your condition.

Photosensitive Seizures
Like other products that produce visual effects (including light flashes), the product may trigger epileptic seizures, seizures, fainting, or severe dizziness even in people who have no history of these conditions. If you have a previous history of epilepsy or seizures, loss of awareness, or other symptoms linked to an epileptic condition, consult your doctor before using the product.

Physical and Psychological Effects
Content viewed using the product can be intense, immersive, and appear very life-like and may cause your brain and body to react accordingly. Certain types of content (e.g. violent, scary, emotional, or adrenaline-based content) could trigger increased heart rate, spikes in blood pressure, panic attacks, anxiety, PTSD, fainting, and other adverse effects. If you have a history of negative physical or psychological reactions to certain real life circumstances, avoid using the product to view similar content.

Be Aware of the Cable and Connections
Keep in mind the location of the cable and connections running from the headset so that participants are not likely to trip over or pull on them while moving around or walking around the play area.

Radio Frequency Interference
The product can emit radio waves that can interfere with the operation of nearby electronic devices. If one has a cardiac pacemaker or other implanted medical device, do not use the product until you have consulted with your doctor or the manufacturer of your medical device.

Stop Using If You Experience Any Discomfort
Stop using the product and consult your doctor if one experiences any of the following symptoms:
• Seizures, loss of awareness, convulsions, involuntary movements, dizziness, disorientation, nausea, lightheadedness, drowsiness, or fatigue;
• Eye pain or discomfort, eye strain, eye twitching, or vision abnormalities
• Excessive sweating increased salivation, impaired sense of balance, impaired hand-eye coordination, or other symptoms similar to motion sickness.

Use by Children
The product was not designed to be used by children. Do not leave the product within the reach of young children or allow them to use or play with it. They could hurt themselves or others, or could accidentally damage the product. Recommended ages for the VR/AR equipment is 13 and older.

CDC Guidelines
In accordance with CDC guidelines we have enhanced sanitation procedures. Please note that the CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Customers, attendees, and participants should evaluate their risk in determining whether to touch, use, or share rented VR equipment including but not limited to VR headsets. People who show no symptoms can spread COVID-19 if they are infected, any interaction with the others poses an elevated risk of being exposed to COVID-19, and we cannot guarantee that you will not be exposed. We appreciate your cooperation during this unprecedented time. Given that this is an equipment-only rental and no staff will be physically present, it is your job to ensure your team, attendees, participants are safe.

COVID-19 ASSUMPTION OF RISK, RELEASE, & WAIVER OF LIABILITY
Client acknowledges that they are requesting an in-person event with Company. Client understands that the 2019 novel coronavirus (COVID-19), has been declared a worldwide pandemic by the World Health Organization. Client also understands that COVID-19 is extremely contagious and is believed to spread by person-to-person contact. Client understands that the risk of person-to-person spread of the virus is increased by close physical contact and activities associated with in-person events, such as touching of shared equipment. Client further understands the COVID-19 virus has a long incubation period during which carriers of the virus may not show symptoms and still be highly contagious. Client recognizes that VirtualRealityRental.co (VRR) is closely monitoring this situation and has put in place reasonable preventative measures aimed to reduce the spread of COVID-19. However, given the nature of the virus, Client understands and recognizes there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with these Services, including but not limited to sickness, permanent physical damage, and death and that Company cannot guarantee that attendees, participants, partners, clients, colleagues and contractors will not become infected with COVID-19 or any other infectious diseases. CLIENT HEREBY ACKNOWLEDGES THE INHERENT RISK OF CONTRACTING COVID-19 AND KNOWINGLY AND FREELY AND VOLUNTARILY ENTERS INTO THIS AGREEMENT AND ACCEPTS AND ASSUMES THE RISK AND DANGERS OF ATTENDEES, PARTICIPANTS, PARTNERS, CLIENTS, COLLEAGUES, AND CONTRACTORS BECOMING INFECTED WITH COVID-19.

Client affirms that people in attendance have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to COVID-19) within the past thirty days. Client agrees to implement reasonable preventative measures at its Event(s) aimed to reduce spread of COVID-19 or any other infectious diseases, and will prohibit attendees, participants, partners, clients, colleagues, and contractors from participating in Event(s) if such persons exhibit any symptoms consistent with COVID-19.

Client agrees that it and its Event participants shall comply with all Company policies and rules, including but not limited to all Company policies, guidelines, signage, and instructions.

Client agrees that its Event shall comply in all material respects with all laws, orders, regulations, directives, guidelines and other legal requirements imposed by any federal, state, county, or municipal authority (collectively, "Laws"), including but not limited to any Laws that relate to COVID-19 such as restrictions on gatherings and requirements to wear masks and adhere to social distancing requirements. Client understands and agrees that if its Event does not comply with any Laws, the Company shall have the right to immediately terminate this Agreement to protect any of its employees or contractors at the Event and no refunds will be provided.

CLIENT HEREBY RELEASES AND AGREES TO INDEMNIFY AND SAVE AND HOLD COMPANY HARMLESS FROM, AND WAIVE ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES AND COMPENSATION FOR DAMAGE OR LOSS TO YOURSELF AND/OR PROPERTY THAT MAY BE CAUSED BY ANY ACT, OR FAILURE TO ACT OF THE COMPANY, OR THAT MAY OTHERWISE ARISE IN ANY WAY IN CONNECTION WITH ANY SERVICES RECEIVED FROM COMPANY, INCLUDING ANY CLAIMS RELATED TO CLIENT’S OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF COMPANY. CLIENT UNDERSTANDS THAT THIS RELEASE DISCHARGES COMPANY FROM ANY LIABILITY OR CLAIM MAY HAVE AGAINST THE COMPANY WITH RESPECT TO ANY BODILY INJURY, ILLNESS, DEATH, MEDICAL TREATMENT, OR PROPERTY DAMAGE THAT MAY ARISE FROM, OR IN CONNECTION TO, ANY SERVICES RECEIVED FROM COMPANY. THIS LIABILITY WAIVER AND RELEASE EXTENDS TO THE COMPANY TOGETHER WITH ALL OWNERS, PARTNERS, CONTRACTORS, AND EMPLOYEES. CLIENT UNDERSTANDS THAT THIS AGREEMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

SERVICE Agreement

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