PARTICIPANT ACKNOWLEDGEMENT OF RISK & WAIVER
Section 1: Acknowledgment of Risk
By booking a VR headset, the customer (“Participant”), and his/her parent/legal guardian (“Responsible Party”) if Participant is under the age of eighteen (18), acknowledges that he/she has been fully informed by GOVR LTD of the risks inherent to participation in its virtual reality (“VR”) demonstrations and use of the Oculus Rift product (“Rift”) or other VR products on GOVR’s premises (the “Activity”) and use of any additional ancillary equipment and facilities required for participation in the Activity. Inherent hazards and risks include, but are not limited to:
Minor bodily changes/conditions: anxiety, blood pressure changes, disorientation, dizziness, drowsiness, fatigue, impaired hand-eye coordination, impaired sense of balance, impaired vision, increased heart rate, increased salivation, increased sweating, lightheadedness, motion sickness, nausea;
Minor injuries: eye soreness or strain, eye twitching, fainting, minor fall-related injuries, joint pain or weakness, muscle pain or weakness;
Serious conditions/injuries: damage to joints, ligaments, muscles, permanent or temporary alterations in vision, permanent or temporary hearing loss, loss of consciousness, panic attacks post-traumatic stress disorder (“PTSD”), repetitive stress injuries, seizures, serious contact or fall-related injuries,
Injuries arising from equipment malfunction or misuse by Participant or other participants;
Injuries arising from impact or collision with other participants, spectators, or agents or employees of the Released Party;
Participant further acknowledges that the above list is not complete and that pre-existing or unknown conditions or injuries of Participant and/or unanticipated risks could cause illness, injury, or death.
Section 2: Representation of Fitness
Participant represents that he/she is of sound mind and full mental and physical health at the time of signing.
Participant represents that he/she either (1) does not suffer from any of the following conditions or (2) suffers from one or more (1+) of the following conditions, but has elected to participated in the Activity despite such condition(s):
Any heart or respiratory condition(s), including high blood pressure;
Back, joint, or other orthopedic conditions;
Diagnosis of any anxiety disorder, mood disorder, or post-traumatic stress disorder;
Diagnosis of carpal tunnel or tendinitis
Difficulty performing physical exercise or other physical activities
Epilepsy or other seizure disorder;
Existing medical restriction on physical activity;
Implanted medical devices;
Section 3: Release of Liability, Indemnity, and Waiver of Claims
In consideration of being allowed to participate in the Activity, Participant:
Releases and holds harmless GOVR and any of its agents, officers, directors, members, representatives, contractors, employees, or volunteers (collectively the “Releasees”) with respect to any and all injury (including disability or death) and any and all loss or damage to person or property that may occur as a result of or in connection with the Participant engaging in the Activity. Participant further agrees that this release shall be effective even if caused by negligence on the part of the Releasees.
Releases the Releasees from any and all liability for any claims or causes of action that Participant or Participant’s estate, heirs, designees, representatives, successors, survivors, executors, administrators, and assigns (the “Substituted Parties”) may have for personal injury, property damage, or wrongful death arising from Participant engaging in the Activity, whether caused by active of passive negligence on the part of the Releasees. Participant understands that by signing this document he or she is freely and voluntarily waiving any and all claims or causes of action as described above that either Participant or Substituted Parties may have against the Releasees.
Participant further agrees to indemnify the Releasees against any and all claims or causes of action that may arise on behalf of third parties that relate to Participant’s engaging in the Activity.
The above release, waiver, and indemnity provisions shall apply to any and all injury (including disability or death) and loss or damage to person or property that occurs after the date listed below.
Participant acknowledges that he or she is entering into this agreement freely and voluntarily, fully understanding what he or she is doing. Participant further acknowledges that in entering into this agreement, he or she is not relying on any oral or written representations or statements by the Releasees other than those set forth in this agreement.
Section 4: Responsible Party Confirmation
By booking a VR headset online or in person at the premises, a Responsible Party for any Participant under the age of eighteen (18) makes the same acknowledges, consents, and representations as Participant and certifies that Participant’s representations in Section 2 of this document.
Section 5: Miscellaneous
This document is to be construed according to English law. If any provision herein is deemed unenforceable for any reason, the same shall be stricken without affecting the enforceability of the remaining provisions herein.