Assumption of Risks, Release of Liability, Waiver of Claims, and Indemnity Agreement
Introduction
This Agreement applies to your participation in activities at Truth Traveler at the Ark Encounter in Williamstown, Kentucky (the “Activity”). The Agreement extends to all parent, subsidiary, and affiliated organizations, including their directors, officers, members, owners, employees, agents, contractors, and representatives.
Acknowledgment of Risks
I understand that using Truth Traveler equipment involves risks that could lead to physical or emotional injury and/or damage to myself, property, or others. These risks include, but are not limited to: Seizures • Loss of awareness • Eye strain or twitching • Involuntary movements • Visual abnormalities (blurred or double vision) • Dizziness or disorientation • Impaired balance or hand-eye coordination • Nausea or light-headedness • Head or eye discomfort • Drowsiness or fatigue • Symptoms similar to motion sickness.
These effects may persist and increase the risk of injury during normal activities after leaving the premises. I acknowledge that Truth Traveler staff at the Ark Encounter strive to maintain a safe environment but may be unaware of my health or abilities and that equipment may malfunction. Additionally, neither closed captions nor subtitles are provided in this experience.
Assumption of Risk
I voluntarily accept and assume all risks associated with this Activity, whether known or unknown.
Medical Acknowledgment
If I or my child/ward are injured, I understand that we may need medical assistance at our own expense or through personal insurance. I confirm that I have adequate insurance coverage for such medical expenses. I acknowledge that Ark Encounter will not cover any costs incurred due to injury.
Indemnification
I agree to hold harmless and indemnify Ark Encounter and its affiliates (collectively, “Ark Encounter”) from any liability for property damage or personal injury to third parties resulting from my use of their equipment. If Ark Encounter incurs legal fees to enforce this Agreement, I agree to cover those costs.
Rules and Compliance
I have read or been informed of the rules governing participation in any Activity at Truth Traveler at the Ark Encounter. I understand these rules are in place for the safety of all participants, including myself and my child/ward. I acknowledge that failure to follow the rules could result in expulsion from Truth Traveler and other attractions at the Ark Encounter.
Entire Agreement
This Agreement constitutes the complete and exclusive agreement between me and Ark Encounter, superseding all prior discussions, negotiations, agreements, and understandings. No term of this Agreement will be deemed waived by any previous failure to enforce it. Any waiver must be in writing and signed by the party waiving enforcement. If any part of this Agreement is found to be void or unenforceable, the remaining portions will remain in full force and effect.
Dispute Resolution
I agree that any disputes regarding this Agreement will be resolved by binding arbitration before the Christian Law Association (CLA) with a single arbitrator assigned by the CLA. Any arbitration proceedings and related litigation will take place solely within the Commonwealth of Kentucky and will be governed by the laws of Kentucky. I understand that my rights under this Agreement are not transferable without prior written consent.
Contact Information
For contact details, please visit the Ark Encounter website at: ArkEncounter.com/about/contact.
Equipment Responsibility
I am responsible and liable for all equipment I use. I agree to compensate Ark Encounter for any property damage I cause, including but not limited to VR equipment. For example, if a VR headset is damaged due to misuse, I understand that I am responsible for the replacement cost. If I or my child break a controller, headset, or computer, I will pay the full cost of the equipment within three months from the date of my visit. Payment arrangements can be made with Ark Encounter.
Agreement to Terms
By participating in this Activity, I agree to these terms. I will watch any provided tutorial videos in their entirety and acknowledge that my experience depends on following the operator’s instructions.
Legal Compliance
This Agreement is intended to comply with the laws of the Commonwealth of Kentucky, including provisions related to indemnity and arbitration clauses.