Agreement of Release and Waiver of Liability

Strive VR, LLC, an Idaho limited liability company doing business as Black Box VR (“Black Box VR”)

I hereby agree to the following:

  1. I am participating in one or more Black Box VR workout sessions (each, a “Workout”).  I recognize that as a participant I will be undergoing physical exertion, which may be strenuous and may cause physical injury.  I am fully aware of the risks and/or hazards involved. 
  2. I am at least 16 years of age.
  3. I acknowledge that if I am pregnant, have asthma, diabetes, epilepsy, a heart condition, arthritis, hyper/hypotension, neck, back or spine injuries, dizzy spells or any other condition that might result in harm or injury while participating in rigorous physical activity, I must consult my physician before engaging in a Workout. 
  4. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in a Workout.  I certify that I am physically fit and have no medical condition, which would prevent my full participation as a participant.
  5. I acknowledge that my use of virtual reality technology especially when combined with the Black Box VR resistance training system entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, damage to myself, to property, or other parties.  Risks include, but are not limited to: loss of awareness, lightheadedness, eye strain, seizures, muscle spasms, involuntary movements, altered, blurred, or double vision, dizziness, disorientation, fatigue, impaired balance, sweating, nausea, or motion sickness, all of which can be experienced both during a Workout or in the hours following.
  6. I have conducted such inquiries as to any activities to be undertaken as part of a Workout and made such inquiries regarding the Workouts as I deem necessary to satisfy myself that all such activities and the facilities and equipment related thereto, if any, are safe and reasonably suited for my use and participation.
  7. I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in a Workout.
  8. To the fullest extent allowed by applicable law, I hereby release, waive, discharge and agree not to sue the Black Box VR, and any of its members, managers officers, employees, representatives and agents (collectively, the “Releasees”) from and for any liability to me or my personal representatives, assigns, heirs and next of kin for any loss, damage, claims or demands related to my participation in one or more Workouts (collectively “Released Claims”). The Released Claims include, but are not limited to, any loss, damage, claims or demands for bodily injury, property damage, death, punitive or exemplary damages, or other losses arising out of or relating to my participation in one or more Workouts, whether caused by Releasees’ negligence, gross negligence, willful conduct or otherwise.
  9. To the fullest extent allowed by applicable law, I release and discharge the Releasees from any liability, claim, demand, or action that I may have related to the loss, theft or damage of any of my personal property while at the Black Box VR facility.
  10. To the fullest extent allowed by applicable law, I shall defend, indemnify, protect and hold harmless Releasees for, from and against, and hereby release Releasees with respect to, any and all claims, suits, losses, liabilities, damages or costs asserted against Releasees or that Releasees may incur arising out of or related to my participation in one or more Workouts, whether caused by the negligence, gross negligence, willful conduct or otherwise of Releasees.

Participant Responsibilities:

I understand that I am responsible for monitoring my own condition at all times. If, during exercise, unusual symptoms occur I will cease my participation and inform the instructor or staff of my symptoms. If such unusual conditions occur, I will be encouraged to visit my doctor for further evaluation. If indicated, Black Box VR staff will contact Emergency Medical Service (911), and I give my permission to do so.

I agree that I will not use this facility while under the influence of alcohol or other drugs or while experiencing any condition (medical, psychological or chemical) that might impair my ability to make safe and sound judgments affecting my safety and the safety of other participants.

In agreeing to this consent form I affirm that I have read this document in its entirety; all of my questions have been satisfactorily answered, and I understand what I have read. I agree to fully assume my responsibilities which include making arrangements for an appropriate medical evaluation if indicated by the criteria set forth in this document.