READ CAREFULLY - RELEASE OF LIABILITY
For the purpose of this waiver, the terms VR and AR shall be used interchangeably.
Due to the unpredictable nature of the human response to virtual reality (dizziness, nausea, seizures, fear of heights, bumping into objects, etc.), we require all participants to sign this waiver releasing the Company from any liability regarding your (or your child/ dependent/ minor’s) use of the Company’s VR equipment.
We do NOT recommend that children under the age of 13 use the VR headset.
In consideration for gaining access to and engaging the services of CyberSmart, LLC, its subsidiaries, agents, owners, officers, directors, representatives, assigns, affiliates, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf, (hereafter collectively referred to as the “Company”), on or off the premises, and for the use of all equipment and facilities of the company agree as follows:
Please stop the use of the VR equipment if you feel any discomfort whatsoever.
BY USING ONE OF THE COMPANY’S VR HEADSETS, YOU ARE INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
I (or my child/dependent/minor) wish to use one of the Company’s VR headsets. I acknowledge and understand that my participation in the Company’s activities, including the use of any VR headset and associated equipment, involves certain risks. 1) I (or my child/dependent/minor) am using the VR equipment voluntarily; 2) I assume all of the physical, psychological, and financial risks associated with the use of VR equipment including, but not limited to broken bones, sprained or torn ligaments, paralysis, death, or other bodily or property damage to myself, my child(ren), or to third parties; 3) If I and/or my child(ren) are injured, I acknowledge that or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s); 4) By signing, I acknowledge that I have read and understood all of the terms of this release form and that I am voluntarily giving up substantial legal rights, including the right to sue the Company or its employees; 5) [If the headset is being used by a child/dependent/minor] I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability. I further acknowledge the fact that the Company reserves the right to refuse service to anyone for any reason at any time. If any portion of this release from liability shall be deemed by a court of jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and the invalid provision will be removed. By signing below, I certify that I, and/or my child for whom I sign this waiver, have not suffered from any experience of vertigo, dizziness, or lack of balance in the past year and do not suffer from vertigo, dizziness, or lack of balance on a regular basis.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
READ CAREFULLY-MEDIA RELEASE
By entering any Company location or premises, I authorize the Company to use the following information.
1) My picture – including photographic, motion picture, and electronic (video) images.
2) My voice – including sound and video recordings.
I hereby grant to the Company, the right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electric copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media.
This permission extends to all languages, media, formats, and markets now known or hereafter devised. This permission shall continue forever. I further grant the Company all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant the Company the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communication, or advertising purposes, as it deems fit.
I also certify that in the event I am signing on behalf of a minor who is under the age of eighteen years, to whom this release applies and that I have the legal authority to execute this release, I approve the foregoing and agree that we shall be bound thereby.