UCSIM Waiver of Liability & Assumption of Risk, Media Authorization & Release Form

Waiver of Liability & Assumption of Risk

I hereby acknowledge and agree that using virtual reality systems has inherent risks, which includes serious physical injury. As a spectator of or as participant of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems, I accept and assume those inherent risks for myself or my minor child listed below, which risks include, but are not limited to:

  1. Seizures; Some people (about 1 in 4000) may have severe dizziness, seizures, epileptic seizures or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people under the age of 20. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before using the headset.
  2. Discomfort; loss of awareness; eye strain; eye or muscle twitching; involuntary movements; altered, blurred, or double vision or other visual abnormalities; dizziness; disorientation; impaired balance; impaired hand-eye coordination; excessive sweating; increased salivation; nausea; light-headedness; discomfort or pain in the head or eyes; drowsiness; fatigue; or any symptoms similar to motion sickness; 
  3. Injuries resulting from slipping, tripping or falling; injuries resulting from slipping, tripping or falling over cables, extension cords, wires, or other equipment;
  4. Falls that result in bodily impact;
  5. Injuries to individuals observing the demonstration that result from others slipping, tripping, or falling;
  6. Injuries associated with failure of equipment, including, but not limited to, headsets, controllers, wires, cables, or electrical equipment.

Immediately discontinue use of the virtual reality headset if any of the above symptoms are experienced.

WARNING: Radio Frequency Interference: The headset can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the headset without first consulting your doctor or the manufacturer of your medical device.

WARNING:  Symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world.

WARNING:  Do not drive, operate machinery, or engage in other visually or physically demanding activities that have potentially serious consequences (i.e., activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as playing sports or riding a bicycle, etc.) until you have fully recovered from any symptoms.

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

Release of All Claims and Covenant Not to Sue: In consideration of my use or my minor child’s use of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems, I on behalf of myself, my heirs, representatives, executors, administrators and assignees HEREBY DO RELEASE the State of Ohio, University of Cincinnati, the UCSIM | Center for Simulations & Virtual Environments Research, and their respective board members, officers, employees, agents, representatives and volunteers from any and all liability, claims, damages, costs, expenses, injuries, illnesses, or demands of any nature whatsoever, which I, my heirs, representatives, executors and assignees may now have, or have in the future against all of the aforementioned parties on account of personal injury, property damage, death or accident of any kind, including negligence, arising out of or in any way related to my or my minor child’s use of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems.

In consideration of my use or my minor child’s use of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems I, the undersigned user, agree to INDEMNIFY AND HOLD HARMLESS the State of Ohio, University of Cincinnati, the UCSIM | Center for Simulations & Virtual Environments Research, and their respective board members, officers, employees, agents, representatives, and volunteers from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way relating to my use or my minor child’s use of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems.

I have full knowledge of the nature and extent of the risks inherent in the use of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems and that I am voluntarily assuming these risks for either myself or my minor child. I understand that I will be solely responsible for any loss or damage, including death, I sustain or sustained by my minor child while using the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems and that by signing this agreement I am relieving all of the aforementioned parties of any and all liability for such loss, damage, or death. I further certify that I or my minor child am/is in good health, that I or my minor child have/has no physical limitations that would preclude my/his/her safe use of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems and that I will consult a physician prior to participating in this activity if I or my minor child do/does not routinely participate in strenuous physical activity. I further certify that I will wear the virtual reality equipment properly and ensure that my minor child does as well.

Receipt of Policy. I further certify that a copy of the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems policies have been made available to me, that I have read the policies, and I agree to abide by all policies and rules of the demonstration as mandated by the UCSIM | Center for Simulations & Virtual Environments Research.

Acknowledgment of Understanding. By signing this form for either myself or my minor child, I am stating that I have read this Agreement, fully understand its terms and understand that it effects my legal rights and how it effects those legal rights. I am signing this Agreement knowingly and voluntarily, and intend for it to be a complete and unconditional release of liability to the greatest extent of the law.

Media Authorization & Release

From time to time, the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research may take photographic, audio, and/or video recordings of participants at virtual reality demonstrations for use in educational, research, training, marketing, and other promotional materials.  In consideration for participation in the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research demonstration of virtual reality systems, I hereby authorize the University of Cincinnati (UC) UCSIM | Center for Simulations & Virtual Environments Research to:

  1. Make and copyright photographic, audio, and/or video recordings of me;
  2. Use the original recordings as production elements in subsequent media projects;
  3. Use, reproduce, modify, distribute, and disseminate such recordings and projects in any form, manner, or mode of electronic transmission and for any purpose; and,
  4. Use my name, likeness, voice and biographical material in connection with such recordings.

I release the University from any liability for errors of omission or commission caused by image or sound editing, human error or other means. I waive the right to inspect or approve the finished projects. I certify that I provide this authorization, release, and waiver for value rendered and expect no further financial compensation. I further certify that my performance will be free from libel, slander, and copyright infringement. I revoke all my prior elections on this subject matter.

If under 18, this Agreement must be signed by a parent or guardian before a child or teenager can engage in any activity.


 

UCSIM Waiver of Liability & Assumption of Risk, Media Authorization & Release Form
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