DISCLAIMER FOR THE USE OF THE WINGSUIT SIMULATOR (WINGSIM) FOR DEMONSTRATION

1. PRELIMINARY NOTE
SimVenture GmbH (hereinafter referred to as the Provider) is a provider of "digital twins" of worlds of experience in the sports sector with
a focus on the body's own movement and hyper-realistic, multi-sensory perception in the high-end simulation sector.
With the specially developed wingsuit simulator (hereinafter referred to as WingSim), the extreme experience of wingsuit flying can be
experienced safely and the usual limits of simulation can be broken.
The WingSim-Demonstrator (hereinafter referred to as WSD) has all functions necessary to demsontrated the basic functions of the
WingSim.
The provider expressly points out that the WSD may not fully comply with the standards and requirements that apply to commercial
products, including, but not limited to, safety certificates, SASO and CE markings. The WSD is used for demonstration only and not put
into circulation.
During the demonstration, the provider collects customer feedback and associated data, and uses this information to make product adjustments
and improve functionality.

 

2. Consent and disclaimer
The user is aware of the fact that the WSD is not put into circulation and does not have CE certification. Notwithstanding this, the user
already wishes to use the WSD and agrees that he/she uses the WSD at his/her own risk.
The provider therefore excludes its liability, irrespective of the legal basis, in particular for the usability, functionality and freedom from
defects of WSD, as well as associated information and damages caused thereby (including loss of profit and immaterial damages) or direct
and indirect consequential damages, injuries or losses resulting from the use of WSD, including to viewers and other persons, to the fullest
extent permitted by law, in particular in connection with:

  • Technical defects: Any damage resulting from technical defects, inadequacies or malfunctions of WSD.
  • Operating errors: Damage or injuries caused by improper operation or disregard of safety instructions.
  • Mental or physical reactions: Any physical or psychological complaints that may occur during or after using the WSD.

The provider assumes no liability for health risks of the user, even if these are not known to the user himself, in connection with participation
in the wingsuit simulation. It is the responsibility of each user to check their state of health beforehand or, if necessary, to have it confirmed
by a doctor. The user assures that he is not under the influence of alcohol, drugs, medication or other impairing substances; he acknowledges
that the use of WSD under the influence of alcohol, drugs, medication and other impairing substances is prohibited and dangerous.
Any illness or sudden changes in well-being such as nausea, dizziness, pain, palpitations or similar must be reported immediately to the
provider or its staff and, if necessary, the simulation must be cancelled.
The provider accepts no liability for personal items that are handed in or stored during the use of WSD
All instructions and safety precautions issued by the provider or its personnel must be strictly followed. Failure to comply with these
instructions may result in exclusion from the use of WSD.
The WSD may only be used for the intended purpose and in the specified manner. No liability is accepted for any other and improper use
of the WSD and any resulting damage.
The user agrees to use the WSD exclusively and without restriction at his/her own risk and responsibility and is aware of the specific risks
associated with the use of such a WSD. These include in particular

  • Technical malfunctions: The WSD could have unexpected errors due to insufficiently tested software or hardware, which could
    lead to a faulty simulation.
  • Physical strain: While using the WSD, you may experience physical stress or discomfort, particularly in the back, neck or extremities,
    which may be caused by the simulation or unusual sitting postures. Stress reactions can lead to sudden changes in
    blood pressure or heart rate. The WSD may not be optimally adapted to individual body sizes or shapes, which can lead to
    discomfort.
  • Mental stress: The experience in a WSD can cause emotional reactions ranging from stress to anxiety, as well as feelings of
    fear of heights or other emotional reactions to the simulation.
  • Risk of injury: Improper use or failure to comply with the safety instructions may result in injury.
  • Inadequate safety devices: Possible defects in the safety devices or the emergency shutdown.

 

3. Final provisions
Amendments and additions to this disclaimer must be made in writing or in text form. This formal requirement can only be waived in writing
or in text form.
No collateral agreements to this disclaimer have been made.
The exclusion of liability shall be governed exclusively by Austrian law, excluding conflict of law rules and the UN Convention on Contracts
for the International Sale of Goods.
It is agreed that all disputes arising from or in connection with this disclaimer shall be subject to the jurisdiction of the competent court with
local for 4710 Grieskirchen/Austria.
Should provisions of this disclaimer be or become ineffective, invalid or unenforceable, this shall not affect the effectiveness, validity or
enforceability of all other provisions.
In the event that one of these provisions is ineffective, invalid or unenforceable, a provision that comes as close as possible to the economic
result of this provision and is not ineffective, invalid or unenforceable shall be deemed to have been agreed.
By participating in the wingsuit simulation, the user recognises this disclaimer and agrees to the terms and conditions stated.
The user has read the entire text conscientiously, fully understood it and confirms this with his signature.
 

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