Upward VR, LLC Waiver and Release of Liability
Please read this document carefully. Before you begin, we require that all participants accept the terms of this Waiver and Release of Liability ("Agreement"). By accepting the terms, you are, among other things, waiving the right to sue and waiving the right to seek money damages.
The undersigned participant (“Participant”) desires to participate in the immersive full-motion virtual reality gaming experience (“VR Experience”) provided by Upward VR LLC. In consideration of Upward VR LLC’s provision of the VR Experience, Participant agrees to the following:
1. Warning. The VR Experience utilizes cutting edge technology that has not been subject to long term evaluation and testing. Participation in the VR Experience may result in injury or other serious medical consequences, and may have known, unknown or non-obvious side effects including all or some of the following:
● Stress, Panic or Anxiety ● PTSD
● Eye Strain ● Disorientation
● Nausea ● Motion Sickness
● Headaches or Fatigue ● Neurological Reactions
● Dizziness, Fainting or Loss of Balance ● Transmission of contagious conditions due to use of the equipment
● Increased Heart Rate or Blood Pressure
2. Instructions. Participant will adhere to the following instructions and any others given by the Upward VR host:
• Be aware of your surroundings, including any cables or cords. Use the equipment in a clear and safe area, maintain good footing and be careful to avoid running into partitions, walls, or other obstacles.
• If you have a history of negative physical or psychological reactions to certain real life circumstances, avoid using VR games with similar content. Simulated objects that may be encountered in your VR Experience may not exist in the real world and injuries may result when interacting with those simulated objects as if they were real.
• Prolonged, uninterrupted VR Experience should be avoided.
• Immediately stop your VR Experience if you experience any of the following symptoms:
A. Seizures, loss of awareness, involuntary movements, dizziness, disorientation, nausea, lightheadedness or fatigue;
B. Eye pain or discomfort, eyestrain, twitching or vision abnormalities;
C. Impaired balance or eye-hand coordination, excessive sweating or salivation, or symptoms of motion sickness;
• Until fully recovered from any of these symptoms, do not drive, operate machinery, or participate in activities that may have potentially serious consequences.
3. Conditions Prohibiting Participation.
Do not participate in the VR Experience if:
• You are under 18 years of age and your parent, legal guardian, or authorized custodian has not yet signed this waiver.
• You are less than 48 inches in height.
• You have an implanted medical device, such as a pacemaker.
• You are sick, fatigued, or under the influence of alcohol or other intoxicants.
• You are or may be pregnant, or
• You have a history of any of the following: (i) photosensitivity or sensory processing disorder, (ii) neurological problems such as epilepsy, blackouts, dizziness or seizures, (iii) hypertension or high blood pressure, (iv) cardiovascular conditions such as heart disease or strokes, (v) high anxiety or post-traumatic stress disorder.
4. Assumption of Risk. Participant acknowledges the warnings, instructions, and risks stated above and hereby agrees to assume all risks, both physical and financial, associated with his or her participation in the VR Experience, including the risk of severe injury or other serious medical consequences.
5. Waiver and Release of Claims. PARTICIPANT HEREBY WAIVES AND RELEASES ALL CLAIMS AGAINST UPWARD VR LLC AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR ANY LOSS, DAMAGE, INJURY OR EXPENSE INCURRED BY PARTICIPANT DURING OR AS A RESULT OF THE VR EXPERIENCE, INCLUDING ANY LOSS, DAMAGE, INJURY OR EXPENSE CAUSED BY UPWARD VR’S NEGLIGENCE.
6. Indemnification. PARTICIPANT HEREBY AGREES THAT IT WILL INDEMNIFY AND HOLD HARMLESS UPWARD VR LLC AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES ("INDEMNIFIED PARTIES") FROM AND AGAINST ALL CLAIMS FROM ANY THIRD PARTY ARISING FROM PARTICIPANT’S PARTICIPATION IN THE VR EXPERIENCE.
7. Participant’s Liability. Participant agrees that he or she will be liable for any damage to Upward VR LLC, its equipment, and to third parties as a result of Participant’s willful acts or negligence during the VR Experience.
8. Governing Law. This Agreement has been executed, delivered and is intended to be performed in Oklahoma City, Oklahoma, and the substantive laws of the State of Oklahoma will govern the validity, construction and enforcement of this Agreement.
9. Severability. If any term of this Agreement is illegal, invalid or unable to be enforced, such term will be excluded and all other terms hereof will remain in full force and effect.
BY CHECKING THE BOX BELOW, I acknowledge that I am 18 years of age or older, that I have read, understood and agree to the terms of this Agreement that is a binding legal contract. I further acknowledge that my checkmark in the box below has the full force and effect of my full signature and that this electronic form is valid and may be enforced as if it were a hand-signed physical document made by me on the date that this form was electronically submitted.
BY CHECKING THE BOX BELOW, I hereby certify the following: (1) that I am the parent or legal guardian or authorized custodian of the minor children above-named as Participant on whose behalf I execute this Agreement, (2) that I have authority to execute this Agreement on behalf of those above-named minor children, (3) that I am legally bound by the provisions of this Agreement and do hereby indemnify and hold harmless Upward VR LLC and Indemnified Parties from any claims that any such above-named minor children may now have or have arise in the future against Upward VR LLC and Indemnified Parties arising on the premises or in connection with the VR Experience, (4) that if it is determined that I am not the parent or legal guardian or authorized custodian of one or more of the above-named minor children or that I did not have the authority to sign the Agreement on behalf of any one or more such above-named minor children that I will nevertheless personally defend and indemnify Upward VR LLC and Indemnified Parties for and from any claim arising from the participation in or observance of the VR Experience on the premises by any one or more of such above-named minor children. I further acknowledge that I am 18 years of age or older, that I have read, understood and agree to the terms of this Agreement that is a binding legal contract, that my checkmark in the box below has the full force and effect of my full signature, and that this electronic form is valid and may be enforced as if it were a hand-signed physical document made by me on the date that this form was electronically submitted.