In consideration for gaining access to and engaging the services of Gomar LLC d/b/a Voxel, 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 “Voxel”), on or off the Premises, and for the use of all equipment and facilities of Voxel, I agree as follows:
[VR at your own risk] I acknowledge that my participation in Voxel activities, including the use of any Virtual Reality headsets and associated equipment, entails known and unanticipated risks that could result in physical or emotional injury including, but not limited to broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, my child(ren), or to third parties. I expressly agree and promise to accept and assume all of the risks existing in this activity. My and/or my child(ren)’s participation in this activity is purely voluntary and I elect to participate, or allow my child(ren) to participate in spite of the risks. If I and/or my child(ren) are injured, I acknowledge that I 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). I UNDERSTAND AND AGREE THAT VOXEL WILL NOT PAY FOR ANY COSTS OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD(REN) ARE INJURED UNLESS SUCH INJURY WAS CAUSED BY GREATER THAN ORDINARY NEGLIGENCE OF VOXEL. I, for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to hold harmless, release and discharge Voxel of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Voxel’s ordinary negligence: and I, for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or any assigns, further agree that except in the event of Voxel’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against Voxel for any economic and non-economic losses due to bodily injury, death, property damage sustained by me and/or my minor child(ren) that are in any way associated with Voxel.
[photo release] I further grant Voxel the right, without reservation or limitation, to photograph, videotape, and/or record me and/or my child(ren), by any available means and to use my or my child(ren)’s face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, promotional materials, and security purposes.
[proper conduct] I further acknowledge the fact that Voxel 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 competent 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.
[not prone to vertigo] By signing below I certify that I, and/or my child(ren) 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 selecting "I Agree to the above Waiver & Release" below, typing my name and date of birth on this release, and submitting this electronic form, I acknowledge that I understand and agree to its content and that this release cannot be modified orally.