Virtual Reality Waiver and Release of Liability

Updated November 2022

Some of Interplay Learning, Inc. (“us”, “our”, “we”) training simulations offered through our website and related Interplay Learning websites, pages, API’s, Facebook and other social applications and mobile applications that link to or reference these terms (“Site”) may be accessible using virtual reality (“VR”) headsets. While we hope that training using our VR simulations will improve your training experience, for some individuals under certain circumstances, training using a VR simulation or using a VR headset can, potentially, have harmful effects on your health or safety. We ask that you understand the inherent risks of using VR equipment, assess your vulnerability to those risks, and either choose not to use VR equipment in accessing our training simulations or waive Interplay Learnings liability for injury or sickness that results from those inherent risks. Please read through the following information carefully before you decide to use our training simulations using a VR headset. You must review and agree to this waiver and release before you are authorized to access or use the Site using VR equipment.

You represent and warrant that you are 18 years of age or older and are fully able and competent to form a binding contract with Interplay Learning by agreeing to this waiver and release.
  1. HEALTH AND SAFETY PRECAUTIONS: IMPORTANT INFORMATION. Read the following warnings before ​accessing or using the Site using VR equipment​. If you believe any of these precautions apply to you, please read the detailed information following this paragraph. Failing to do so may cause injury, illness, or even death. If you or family members have had seizures, epilepsy, or blackouts, you may be vulnerable to photosensitive seizures that the videos such as those that play during the ​use of the Site using VR equipment may trigger. Please read the detailed information on photosensitive seizures on the following page to determine whether to use ​the Site using VR equipment​. If you experience persistent or recurring discomfort, pain, throbbing, aching, tingling, numbness, burning sensation, or stiffness during or after use of ​the Site using VR equipment​, you may be experiencing musculoskeletal disorders or repetitive motion injuries and should IMMEDIATELY CEASE USE OF THE SIMULATOR AND SEE A DOCTOR. ​Using the Site using VR equipment or using a virtual reality headset may trigger motion sickness or “sim sickness” in some individuals due to the difference in the field of vision and focus points between the real world and the virtual world. Cease use if you experience disorientation or motion sickness.
  2. RELEASE AND WAIVER.
    ● YOU HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE INTERPLAY LEARNING, ANY DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES OF INTERPLAY LEARNING (ALL FOR THE PURPOSES HEREIN REFERRED TO AS RELEASEES), FROM ALL LIABILITY TO YOU, YOUR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO YOU, INCLUDING BUT NOT LIMITED TO DEATH, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE INHERENT RISKS OF THE USE OF INTERPLAY LEARNING’S SITE USING VR EQUIPMENT OR FACILITIES.

    ● IF DESPITE THIS RELEASE, YOU, OR ANYONE ON YOUR BEHALF, MAKES A CLAIM AGAINST ANY OF THE “RELEASEES” NAMED ABOVE, YOU AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE “RELEASEES” AND EACH OF THEM FROM ANY LITIGATION EXPENSES, ATTORNEYS FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE “RELEASEES” NAMED ABOVE, FOR ANYTHING OTHER THAN THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MALFEASANCE OF THE RELEASEES.

    ● YOU AGREE, AND, AS A CONDITION OF BEING ALLOWED TO USE THE INTERPLAY LEARNING SITE USING VR EQUIPMENT AND FACILITIES, WARRANT THAT YOU ARE COMFORTABLE IN AND AROUND VR SIMULATIONS AND VR EQUIPMENT AND THAT YOU ARE IN GOOD PHYSICAL HEALTH. IN PARTICULAR, YOU WARRANT THAT YOU HAVE NONE OF THE MEDICAL CONDITIONS INDICATED IN THE HEALTH AND SAFETY PRECAUTIONS THAT WOULD BE ADVERSELY AFFECTED BY YOUR USE OF INTERPLAY LEARNING EQUIPMENT AND FACILITIES.

    ● YOU ALSO WARRANT THAT YOU ARE NOT PREGNANT, AND IF SO YOU AGREE TO WAIVE AND RELEASE ALL LIABILITY OF INTERPLAY LEARNING AND ALL RELEASED PARTIES FROM ANY COMPLICATIONS TO YOU OR YOUR UNBORN CHILD. INTERPLAY LEARNING RECOMMENDS THAT ANY USER, WITH ANY MEDICAL CONDITION OR WHO IS OR MAY BE PREGNANT, SHOULD CONSULT WITH HIS OR HER PHYSICIAN, PRIOR TO USING A VR HEADSET OR OTHER VR EQUIPMENT.

    ● BY AGREEING TO THIS WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE RISKS INHERENT IN THE USE OF VR HEADSETS AND/OR OTHER VR EQUIPMENT AND FACILITIES AND ARE VOLUNTARILY ASSUMING THE RISKS INHERENT IN THE USE OF SUCH VR HEADSETS AND/OR OTHER VR EQUIPMENT. YOU ACKNOWLEDGE THAT INTERPLAY LEARNING ASSUMES NO LIABILITY FOR ILLNESS OR INJURY RESULTING FROM THE INHERENT RISKS OF USE OF VR HEADSETS AND/OR OTHER VR EQUIPMENT.

    ● YOU ALSO ACKNOWLEDGE THAT YOU HAVE HAD ADEQUATE TIME TO READ THIS DOCUMENT AND TO DECIDE WHETHER TO USE THE SITE VIA A VR HEADSET AND/OR OTHER VR EQUIPMENT. YOU HAVE READ THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY CONTAINED IN THIS DOCUMENT; YOU FULLY UNDERSTAND ITS TERMS; YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT; YOU UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL; YOU HAVE ACCEPTED THESE TERMS OF USE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO US; AND IF YOU HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS DOCUMENT, YOU WILL CONSULT AN ATTORNEY BEFORE AGREEING TO IT.
  3. WARNING – PHOTOSENSITIVE SEIZURES. A very small percentage of people may have seizures or blackouts when exposed to certain visual images, such as light flashes or patterns that may appear in videos. This may occur while they are watching videos such as those that play during the use of ​the Site using VR equipment​. Even if they have never had a seizure or epilepsy before, some people may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching the video that is part of ​the Site​. These seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. Immediately stop using the ​Site with VR equipment and consult a doctor if you experience any of these symptoms. Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition, or has a relative with a history of seizures or epilepsy, should consult a doctor before using ​the Site with VR equipment​.
  4. WARNING – MOTION SICKNESS. Videos like those that play during the ​use of the Site with VR equipment can cause motion sickness in some players. If the user of a VR headset moves his or her head, that motion might not register as accurately or quickly as necessary inside the virtual environment, and any discrepancy between what the user sees and feels could lead to motion sickness. If you feel dizzy or nauseous when using the Site with VR equipment​, stop using the ​Site with VR equipment and rest. Do not drive or engage in other demanding activity until you feel better. Some users have noted sustained visual effects after long use of VR headsets.

    BY CLICKING ON THE “ACCEPT” BUTTON, I AM CONSENTING TO BE BOUND BY THIS VIRTUAL REALITY WAIVER AND RELEASE OF LIABILITY.