What to Expect in the VR Experience: The Pixaera VR experience includes virtual reality safety training that may expose users to stress-inducing virtual situations (the “Training Activities”). I understand that virtual reality experiences like the Training Activities are highly immersive and can feel extremely realistic at times. I affirm that my participation is fully voluntary and that I do not have any known physical, mental or health-related reasons or problems that should preclude or restrict my participation in the Training Activities.
Health Notice/Affirmation: I am aware that some people may experience nausea, disorientation, vertigo, seizures, motion sickness, general discomfort, headaches, anxiety or other physical, mental or health-related injuries when experiencing virtual reality. Those with epilepsy may be adversely affected by virtual reality experiences. I voluntarily assume all associated risks, and take full responsibility for these and any other consequences that may arise from my participation in the Training Activities.
Risk Waiver and Release:
In consideration for being permitted to participate in the Training Activities provided by Pixaera, I hereby, for myself, my heirs, executors, administrators, assigns or personal representatives, release and forever discharge Pixaera Inc. and its affiliates, members, partners, representatives, directors, employees, contractors, licensors, agents, and their successors and assigns (collectively, the Pixaera Parties) from and against any and all losses, damages, injuries (including death) or other liability financial or otherwise that may arise from my participation in the Training Activities.
I acknowledge that I may subsequently learn of claims, risks or facts of which we are not currently aware. It remains my intention, on behalf of myself to grant the Pixaera Parties a full and final release of all claims, whether known or unknown. I am aware of Section 1542 of the California Civil Code, which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
Being aware of this code section, I expressly waive any rights that I may have based upon it, as well as under any other statutes or common law principles of similar effect.
I will not pursue legal or other action against any of the Pixaera Parties for any losses, damages, injuries (including death) or other liability real or perceived arising from my participation in the Training Activities.
Entire Agreement: I understand that this Waiver and Release contains the entire agreement between the parties, and no other evidence will be used or admitted to alter or explain the terms of this Waiver and Release. If any provision within this Waiver and Release shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this Waiver and Release shall be determined to be unlawful or otherwise unenforceable, the remainder of this Waiver and Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties.
BY ACKNOWLEDGING AND ACCEPTING THIS LIABILITY WAIVER AND RELEASE, I AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY ACKNOWLEDGING AND ACCEPTING THIS WAIVER AND RELEASE ON MY BEHALF, IF APPLICABLE. I CERTIFY THAT I HAVE READ THIS WAIVER AND RELEASE, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS WAIVER AND RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM ACKNOWLEDGING AND ACCEPTING IT OF MY OWN FREE WILL.