Due to the unpredictable nature of the human response to virtual reality (dizziness, nausea, seizures, fear of heights, bumping into objects, etc.), all participants are required to sign this waiver releasing the Science Arts and Space Institute from any liability regarding your (or your child/dependent/minor's) use of the Oculus Rift, HTC Vive, and/or any of the Science Arts and Space Institute VR equipment.

Oculus VR, LLC. and PlayStation VR, does NOT recommend that children under the age of 13 use the VR headsets.

In consideration of the risk of injury while participating in virtual reality experiences (here forth known as “VR”), and as consideration for the right to participate in VR, I (additionally represented as “Participant”) hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in VR, and do hereby release and forever discharge the Science Arts and Space Institute of Tucson, Arizona, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned VR activity including traveling to and from an event related to VR.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED VR AND I AM PARTICIPATING IN VR ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN VR, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS VR ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING VR.

 

I agree to indemnify and hold harmless the Science Arts and Space Institute against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If the Science Arts and Space Institute incurs any of these types of expenses, I agree to reimburse the Science Arts and Space Institute.

 

I acknowledge that the Science Arts and Space Institute and their directors, officers, volunteers, representatives and agents are not responsible for errors, omission, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the Science Arts and Space Institute.

 

I ACKNOWLEDGE THAT THIS VR ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

 

I ACKNOWLEDGE THAT I HAVE CCAREFULLY READ THIS “EAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SCIENCE ARTS AND SPACE INSTITUTE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, GROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO COLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SCIENCE ARTS AND SPACE INSTITUTE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

The extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Science Arts and Space Institute, its agents, and employees.

 

In the events that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

 

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and the Science Arts and Space Institute agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, of if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed foes not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limited said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.