THIS ASSUMPTION OF RISK AND RELEASE OF CLAIMS (“Release”) is made on the date shown below (the “Effective Date”), by and between Common Ground Alliance (“CGA”), a District of Columbia non-profit corporation, and its licensees and contractors (together “Licensees”), and the individual named in the signature block of this Release below as the “Participant.” WHEREAS, CGA is a non-profit corporation engaging in educational activities to raise awareness about safe excavation practices near, and preventing damage to, underground lines and facilities (the “Purpose”);
WHEREAS, Licensees to CGA make available to users, including without limitation, the Participant, a virtual reality experience in order to educate the Participant about, and to illustrate and further, the Purpose; and
WHEREAS, Participant is a competent adult, or a competent minor, with parental or legal guardian consent, who desires to use the virtual reality experience in furtherance of the Purpose, provided that Participant first signs and provides to Licensees and/or CGA this Release;
NOW, THEREFORE, in consideration of the mutual promises that follow, and the recitals above which are incorporated by reference into this Release, Participant agrees as follows:
1. Dangerous Activity and Assumption of Risk. Participant understands and agrees that:
- A. the virtual reality experience in furtherance of the Purpose is, or can be, an inherently dangerous activity;
- B. the virtual reality experience can result in loss of balance or other abnormal or unusual conditions that can lead to serious and painful personal injuries, including, without limitation, sprains, cuts, bleeding, fractures, bruising, and other tissue injury or loss;
- C. Participant will undertake the virtual reality experience with full knowledge that the virtual reality experience can be, or is, inherently dangerous and may result in personal injuries;
- D. Participant assumes all risks associated with the virtual reality experience, including, without limitation, risks of such personal injuries and monetary damages related to such injuries; and
- E. CGA, and/or its Licensees, may terminate and/or limit availability and/or use of the virtual reality experience by Participant at any time without liability to, and without prior notice to, Participant.
2. Release. Agreement Not to Sue, Non-Availability of Virtual Reality Experience. In consideration of the provision of the virtual reality experience by Licensees to Participant, the Participant, or Participant’s parent or legal guardian if Participant is a minor, for Participant and Participant’s past, present, and future successors, assigns, heirs, executors, administrators, personal representatives, parents, legal guardians, and others acting by, through, because of, or on behalf of Participant, hereby irrevocably remise, release and forever discharge CGA, its Licensees, and their respective past, present, and future members, owners, shareholders, officers, directors, employees, contractors, agents, parents, subsidiaries, successors, assigns, heirs, administrators, executors, and personal representatives (“Released Parties”), of and from any and all manner of claims, demands, rights, liabilities, damages, losses, costs, expenses, potential actions, causes of action, suits, agreements, judgments, decrees, and controversies of any kind and nature whatsoever, at law, in equity, or otherwise, whether known or unknown, which have arisen, arise, or might subsequently arise in connection with the virtual reality experience (“Released Claims”). Participant will not file a complaint, claim or petition or commence a proceeding against one or more Released Parties in any forum relating in any way to the Released Claims. CGA, and/or its Licensees may terminate and/or limit availability and/or use of the virtual reality experience by Participant at any time without liability to, and without prior notice to, Participant.
3. Survival. This Release shall survive termination and/or limitation of availability and/or use of the virtual reality experience and shall survive termination of this Release.
4. Governing Law. This Release shall be governed by, construed in accordance with, and subject to the laws of the Commonwealth of Virginia, without reference to its conflicts of laws principles.
5. Severability. The invalidity, illegality or unenforceability of any provision or part of any provision of this Release under any law shall not affect the other provisions or parts of this Release, which shall remain in full force and effect.
6. No Assignment. Participant, or Participant’s parent or legal guardian if Participant is a minor, may not assign or transfer all or any part of this Release without the advance written consent CGA and its Licensees. Any assignment in violation of this paragraph shall be void and of no effect. Subject to the foregoing, this Release shall inure to the benefit of and bind the Participant, CGA, its Licensees, and their respective successors and assigns.
7. Parental Consent. If Participant is a minor, Participant’s parent or legal guardian, by signing this Release below, hereby gives consent to use of the virtual reality experience by Participant subject to this Release and agrees to the terms and conditions of this Release on behalf and for Participant.
8. Entire Agreement. This Release constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Release, and it supersedes all prior or contemporaneous oral or written representations, understandings, or agreements concerning the subject matter of this Release.