ELEVE ENTERTAINMENT LLC
MASTER LIABILITY WAIVER, ACKNOWLEDGMENT OF INHERENT RISKS, RELEASE OF LIABILITY, INDEMNIFICATION, AND FACILITY USE AGREEMENT
IMPORTANT: THIS IS AN ANNUAL MASTER LEGAL CONTRACT. DO NOT SIGN OR ELECTRONICALLY EXECUTE THIS DOCUMENT UNTIL YOU HAVE READ IT IN ITS ENTIRETY. THIS AGREEMENT CONTAINS RELEASES OF LIABILITY, WAIVERS OF SUBSTANTIAL LEGAL RIGHTS, AND ASSUMPTIONS OF INHERENT RISKS. THIS AGREEMENT REMAINS VALID FOR ONE (1) CALENDAR YEAR FROM THE DATE OF EXECUTION, PROVIDED IT IS NOT EARLIER REVOKED, REPLACED, OR SUPERSEDED. CERTAIN PROVISIONS, INCLUDING THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND OTHER TERMS THAT BY THEIR NATURE ARE INTENDED TO SURVIVE, SHALL CONTINUE TO REMAIN ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IMPORTANT NOTICE TO ALL PARTICIPANTS, GUESTS, AND GUARDIANS
THIS MASTER AGREEMENT IS A CONDITION OF ENTRY. BY ENTERING THE FACILITY, PURCHASING TICKETS, UTILIZING AN RFID CREDENTIAL, EXECUTING AN ELECTRONIC KIOSK WAIVER, OR PARTICIPATING IN ANY ACTIVITIES, YOU ARE AGREEING TO ALL TERMS WITHIN THIS EIGHT-ARTICLE CONTRACT. YOU ARE WAIVING YOUR RIGHT (AND THE RIGHTS OF YOUR MINOR CHILDREN, HEIRS, AND ESTATE) TO SUE ELEVE ENTERTAINMENT LLC, THE PROPERTY OWNERS, AND ALL AFFILIATED ENTITIES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY LOSS, OR DAMAGE ARISING FROM ORDINARY NEGLIGENCE OR THE INHERENT RISKS OF MULTI-ATTRACTION ENTERTAINMENT VENUES.
ARTICLE I – DEFINITIONS
For purposes of this Master Liability Waiver, Acknowledgment of Inherent Risks, Release of Liability, Indemnification, and Facility Use Agreement ("Agreement"), the following terms shall have the meanings set forth below. Unless the context clearly indicates otherwise, words in the singular include the plural, and words in the plural include the singular.
1.1 Company: "Company" means ELEVE Entertainment LLC, together with its parent companies, subsidiaries, affiliates, related entities, successors, assigns, members, managers, officers, directors, employees, agents, volunteers, contractors, independent contractors, instructors, certified lifeguards, ride operators, track marshals, security personnel, sponsors, vendors, landlords, property owners, insurers, and any other persons or entities acting on its behalf or under its authority.
1.2 Facility: "Facility" means any real property, building, structure, attraction, hotel, restaurant, bar, retail area, parking facility, transportation vehicle, sidewalk, queue, waiting area, rooftop venue, water attraction, recreational area, event space, or other location now or hereafter owned, leased, operated, managed, licensed, sponsored, or controlled by the Company. The term includes, without limitation, RollCity VI, ÉLEVÉ at District 340, and any future entertainment, hospitality, recreational, lodging, or mixed-use facilities operated by the Company.
1.3 Participant: "Participant" means any individual who enters, remains upon, or uses any portion of the Facility, regardless of whether that individual actively participates in an attraction. Participants include, without limitation: Guests, Members, Ticket holders, Hotel guests, Restaurant patrons, Spectators, Parents or guardians, Event attendees, Competition participants, Volunteers, Contractors, Vendors, Invitees, and Visitors.
1.4 Minor: "Minor" means any individual who has not reached eighteen (18) years of age at the time this Agreement is executed.
1.5 Parent or Legal Guardian: "Parent or Legal Guardian" means an individual legally authorized under applicable law to execute this Agreement on behalf of a Minor. Temporary chaperones, event hosts, extended family members, or organizers who are not the lawful parent or legal court-appointed guardian do not possess legal authority to execute this Agreement on behalf of third-party Minors. The Company reserves the right to request reasonable verification of such authority whenever deemed appropriate.
1.6 Activities: "Activities" means all recreational, athletic, amusement, hospitality, lodging, dining, educational, promotional, aquatic, virtual, motorized, digital, entertainment, and event-related activities occurring within or offered through the Facility. Activities include, without limitation: Roller skating, Synthetic ice skating, Bowling, Arcade games, Redemption games, Virtual Reality attractions, Motion simulators, Trampoline attractions, Laser tag, Water attractions, Pools, Water slides, Wave pools, Water obstacle courses, Go-karts, Dining, Retail, Flex Suites, Hotels, Competitions, Camps, Birthday parties, Corporate events, Educational programs, Transportation services, Seasonal events, and any substantially similar future recreational or hospitality activity operated by the Company.
1.7 Facility Rules: "Facility Rules" means all posted signs, digital notices, attraction-specific requirements, verbal staff instructions, written operating procedures, emergency directives, safety briefings, policies published on the Company's website or mobile applications, and any other operational requirements established by the Company. Facility Rules may be modified from time to time in the interest of safety, security, maintenance, or operational efficiency.
1.8 Reservation: "Reservation" means any booking, admission, event reservation, hotel reservation, attraction reservation, membership reservation, or other scheduled use of Company services.
1.9 Membership: "Membership" means any recurring, prepaid, promotional, complimentary, employee, or premium membership program offered by the Company. Membership status does not alter or limit the Participant's obligations under this Agreement.
1.10 RFID or Digital Credential: "RFID or Digital Credential" means any radio-frequency identification wristband, membership card, barcode, QR code, mobile credential, digital pass, electronic token, biometric identifier (if implemented), or other technology used by the Company to verify identity, authorize access, validate waivers, record attendance, or facilitate operational services.
1.11 Emergency: "Emergency" means any situation reasonably believed by the Company or its personnel to require immediate action to protect life, health, safety, or property, including but not limited to fire, severe weather, medical emergencies, equipment failures, security incidents, evacuations, and governmental emergency orders.
ARTICLE II – SCOPE, TERM, AND ANNUAL VALIDITY
2.1 Condition of Entry: Execution of this Agreement is a condition of admission to, participation in, or continued presence within the Facility. By entering the Facility, purchasing admission, making a reservation, activating an RFID or Digital Credential, electronically signing this Agreement, or participating in any Activity, the Participant agrees to be bound by all terms contained herein.
2.2 Comprehensive Scope: This Agreement applies to every current and future visit by the Participant to any Facility owned or operated by the Company during the period in which this Agreement remains effective.
2.3 Annual Validity: Unless earlier revoked, superseded, or materially amended by the Company, this Agreement shall remain valid for one (1) calendar year from the date of execution ("Effective Period"). During the Effective Period, this Agreement shall govern every visit made by the Participant without requiring a new waiver, unless the Company determines that a new execution is necessary due to material revisions, additions of new attraction categories, changes in law, or operational needs.
2.4 Parent or Legal Guardian Authority: Any individual executing this Agreement on behalf of one or more Minors represents and warrants that they possess lawful authority to bind each listed Minor to the terms of this Agreement.
2.5 Electronic Execution: The Participant acknowledges and agrees that this Agreement may be executed through electronic signature, touchscreen signature, online waiver portal, mobile device, kiosk, Company website, membership registration, reservation process, or other legally recognized electronic methods.
2.6 Incorporation of Facility Rules: Facility Rules, attraction-specific operating requirements, posted warnings, and staff instructions are incorporated into this Agreement by reference.
2.7 Survival of Certain Provisions: The expiration of the one-year term shall not affect the continued enforceability, to the fullest extent permitted by law, of provisions relating to releases of liability, indemnification, governing law, venue, electronic execution, privacy, intellectual property, and media authorization.
2.8 Entire Operational Relationship: This Agreement is intended to serve as the master liability agreement governing the Participant's relationship with the Company during its effective term.
ARTICLE III – PARTICIPANT ELIGIBILITY, HEALTH, ACCESSIBILITY, AND COMMUNICABLE ILLNESS
3.1 General Eligibility for Participation: Participation in certain Activities is conditioned upon compliance with operational safety requirements established by ELEVE Entertainment LLC. The Company may establish eligibility criteria for any Activity, including age, height, weight, physical reach, attire, swimming ability, and safety briefing requirements.
3.2 Reservation of Operational Authority: The Company reserves the right to deny admission, restrict participation, suspend activities, revoke RFID or Digital Credentials, terminate memberships, or remove any Participant from the Facility whenever the Company reasonably determines that participation presents an unacceptable safety risk or violates Facility Rules.
3.3 Participant Responsibility for Personal Fitness: Each Participant is solely responsible for determining whether participation in any Activity is appropriate based upon their own physical condition, medical history, abilities, experience, and personal limitations.
3.4 Medical Conditions: Certain Activities involve significant physical exertion, rapid acceleration, elevated heights, water immersion, loud noises, flashing lights, confined spaces, repetitive impacts, or other conditions. Participants with medical conditions that could increase the risk of injury are strongly encouraged to refrain from participating.
3.5 Participant Obligation to Follow Attraction Restrictions: Participants agree to comply with all posted attraction-specific restrictions and staff instructions.
3.6 Accessibility: ELEVE Entertainment LLC is committed to making its facilities reasonably accessible in accordance with applicable law. Participants requiring accommodations are encouraged to speak with Guest Services before participating.
3.7 Participant Conduct Affecting Safety: Participants agree that they will not participate while under the influence of alcohol, illegal drugs, or impairing medication.
3.8 Communicable Illness Acknowledgment: The Participant voluntarily assumes the inherent risk of exposure to communicable illnesses while present at the Facility.
3.9 Emergency Operational Restrictions: The Company may temporarily suspend or restrict participation in any Activity due to severe weather, maintenance, water quality concerns, security incidents, or emergencies.
3.10 No Medical Advice: Any information provided by Company personnel regarding attraction suitability is general operational guidance only and shall not be interpreted as medical advice.
3.11 Voluntary Participation: Except where otherwise prohibited by law, participation in every Activity offered by the Company is entirely voluntary.
ARTICLE IV – ATTRACTION-SPECIFIC ACKNOWLEDGMENT OF INHERENT RISKS
4.1 General Acknowledgment: The Participant understands and acknowledges that each attraction, activity, amenity, service, and recreational experience offered by ELEVE Entertainment LLC presents unique hazards that cannot be completely eliminated, regardless of the exercise of reasonable care.
4.2 Roller Skating & Synthetic Ice Skating: Inherent risks include falls, loss of balance, high-speed falls, collisions with other skaters or obstacles, skate malfunction, and injuries caused by participant negligence.
4.3 Bowling: Inherent risks include dropping bowling balls, finger injuries, muscle strains, slips on lane approaches, lane conditioning oils, ball return mechanisms, and pinsetter equipment.
4.4 Arcade, Redemption Games & Interactive Attractions: Inherent risks include electrical equipment, trip hazards, crowded walkways, flashing lights, loud noises, and motion sickness.
4.5 Virtual Reality & Motion Simulator Attractions: Risks include motion sickness, dizziness, vertigo, disorientation, eye strain, nausea, anxiety, flashing light exposure, and sudden simulator movement.
4.6 Trampoline Attractions: Risks include falls, awkward landings, double bouncing, participant collisions, hyperextension injuries, sprains, fractures, and foam pit hazards.
4.7 Laser Tag: Risks include reduced lighting, flashing lights, low obstacles, elevated platforms, tight spaces, running hazards, participant collisions, and slips/falls.
4.8 Water Attractions: Inherent risks include drowning, near drowning, water aspiration, slippery surfaces, depth changes, current movements, wave actions, and chemical/biological water exposure.
4.9 Go-Kart Attractions: Risks include vehicle collisions, barrier impacts, mechanical malfunction, driver error, sudden braking, whiplash, tire failure, and loss of control.
4.10 Dining, Food & Beverage Services: Risks include food allergies, cross-contact with allergens, hot foods/beverages, choking hazards, and slippery restaurant floors.
4.11 Hotels, Lodging & Guest Accommodations: Risks include hazards associated with elevators, stairways, balconies, furniture, glass doors, bathroom surfaces, pools, and shared spaces.
4.12 Transportation Services: Risks include standard hazards associated with motor vehicle travel during shuttle, transfer, or valet operations.
4.13 Parking Areas: Risks include vehicle traffic, backing vehicles, uneven pavement, weather conditions, and pedestrian congestion.
4.14 Competitions, Camps, Lessons & Special Events: Risks include increased physical exertion, competitive environments, timed activities, and group participation dynamics.
4.15 Spectators: Non-participating individuals may be exposed to risks associated with flying objects, participant collisions, wet surfaces, and crowded conditions.
4.16 Future Attractions: This Article shall apply to any future attraction or activity of a substantially similar recreational or hospitality nature operated by the Company.
4.17 Participant Acknowledgment: The Participant acknowledges reading these inherent risks and voluntarily chooses to participate with full knowledge that serious injury, illness, property damage, or death may result.
ARTICLE V – PARTICIPANT RESPONSIBILITIES, FACILITY CONDUCT, AND OPERATIONAL POLICIES
5.1 General Duty of Care: Each Participant agrees to conduct themselves in a safe, responsible, and respectful manner while present at any Facility owned or operated by ELEVE Entertainment LLC.
5.2 Compliance with Facility Rules: Participants agree to comply with all posted signs, safety briefings, staff instructions, lifeguard directives, and operational restrictions.
5.3 Prohibited Conduct: Participants shall not engage in fighting, harassment, abuse, property damage, tampering with safety equipment, entering restricted areas, line cutting, illegal drug use, or unauthorized possession of weapons/firearms.
5.4 Supervision of Minors: Parents and legal guardians remain solely responsible for supervising their Minor children except during programs where the Company has expressly agreed in writing to provide supervision.
5.5 Appropriate Attire: Participants agree to wear attire and footwear suitable for their chosen Activities.
5.6 Personal Property: Participants are solely responsible for safeguarding their personal belongings.
5.7 RFID Wristbands and Digital Credentials: Admission devices remain the property of the Company and may not be shared, duplicated, or altered.
5.8 Photography, Recording, and Security: Participants acknowledge that security cameras operate throughout the Facility and public events may be recorded.
5.9 Emergency Procedures: Participants agree to immediately comply with evacuation orders and emergency announcements.
5.10 Operational Closures: Temporary closures for maintenance, weather, or safety do not constitute a breach of this Agreement.
5.11 Right to Refuse Service: The Company reserves the right to refuse admission or remove any Participant whose conduct threatens safety or operations.
ARTICLE VI – RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND MEDICAL AUTHORIZATION
6.1 Voluntary Participation: Participation in Activities is entirely voluntary.
6.2 Release of Liability: To the fullest extent permitted by the laws of the United States Virgin Islands, the undersigned Participant, and/or the undersigned Parent/Legal Guardian acting on behalf of themselves and on behalf of the Minor child (and their respective estates, heirs, and assigns), expressly releases, waives, and discharges ELEVE Entertainment LLC and its affiliated entities from any and all claims, demands, or causes of action arising out of inherent risks or ordinary negligence.
6.3 Assumption of Inherent Risks: The Participant expressly acknowledges and assumes all inherent risks associated with entering the Facility and participating in Activities.
6.4 Indemnification: The Participant agrees to indemnify and hold harmless ELEVE Entertainment LLC from third-party claims arising from the Participant's rule violations, misconduct, recklessness, or property damage.
6.5 Medical Authorization: The Participant authorizes the Company to contact emergency medical services if emergency treatment is reasonably believed necessary. The Participant remains solely responsible for all medical expenses incurred.
6.6 Emergency Contact Information: Participants agree to provide accurate emergency contact information upon request.
6.7 Medical Information: Medical information provided voluntarily is used solely to assist with operational decision-making and emergency response.
6.8 No Medical Advice: Company personnel do not provide medical diagnoses or medical advice.
6.9 Limitation of Emergency Response: Safety resources and personnel reduce risk but cannot eliminate the possibility of serious injury or death.
6.10 Survival: Provisions in this Article shall survive expiration or termination of this Agreement.
ARTICLE VII – FACILITY OPERATIONS, PRIVACY, DIGITAL SYSTEMS, AND ADMISSION POLICIES
7.1 General Operations: The Company reserves the right to modify operating procedures, schedules, pricing, and safety requirements as reasonably necessary.
7.2 Attraction Availability: Temporary or permanent modifications to attraction availability do not constitute a breach of this Agreement.
7.3 Reservations, Tickets, and Admissions: The Company reserves the right to verify identity to prevent fraud or credential misuse.
7.4 RFID Wristbands and Digital Credentials: Credentials are used to manage access, safety, waivers, and operational efficiency.
7.5 Privacy and Information Collection: Personal information is collected, stored, and processed in accordance with applicable law and the Company's Privacy Policy.
7.6 Security Cameras and Surveillance: Surveillance is conducted in public areas for guest safety, security, and loss prevention.
7.7 Promotional Photography, Video and Media Release: The Participant (and, if applicable, the Parent or Legal Guardian on behalf of any listed Minor) hereby grants ELEVE Entertainment LLC, its affiliates, licensees, successors, and assigns the absolute, irrevocable, and unrestricted right and permission to photograph, videotape, film, record, and capture the image, likeness, voice, name, appearance, and performance of the Participant and any accompanying Minors while present at or using the Facility. The Participant agrees that the Company may use, publish, broadcast, reproduce, edit, adapt, display, distribute, commercialize, and utilize such media in any form, format, or medium now known or hereafter developed—including but not limited to social media, websites, television, digital displays, advertisements, marketing materials, overhead and venue footage, and promotional campaigns—worldwide, in perpetuity, without royalty, compensation, inspection, or prior approval. The Participant hereby waives any right to inspect or approve finished marketing assets and releases the Company from any claims, demands, or liabilities based upon rights of privacy, publicity, or copyright.
7.8 Electronic Communications: By providing contact information, Participants authorize operational, transactional, and emergency communications.
7.9 Lost Property: Unclaimed property will be handled in accordance with Company policy and applicable law.
7.10 Intellectual Property: All Company trademarks, logos, branding, and materials remain the exclusive property of ELEVE Entertainment LLC.
ARTICLE VIII – GENERAL LEGAL PROVISIONS
8.1 Governing Law: Governed by the laws of the United States Virgin Islands without regard to conflict-of-law principles.
8.2 Venue: Any legal proceedings shall be brought in a court of competent jurisdiction within the United States Virgin Islands.
8.3 Severability: If any specific release or provision in this agreement (such as a minor release) is held invalid or found unenforceable under local law, the remaining provisions (indemnification, venue, adult releases) shall remain in full force and effect.
8.4 No Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
8.5 Modification of Operational Policies: Material modifications to this Agreement become effective following reasonable notice or re-execution.
8.6 Entire Agreement: This document constitutes the complete agreement regarding liability releases, risk assumption, and facility use.
8.7 Interpretation: Headings are for convenience only. "Including" means "including, without limitation."
8.8 Assignment: The Company may assign this Agreement to a successor entity in the event of a merger, acquisition, or asset sale.
8.9 Electronic Records: Electronic records, signatures, and audit logs shall be admissible to the fullest extent permitted by law.
8.10 Annual Validity: This Agreement remains effective for the term set forth in Section 2.3.
8.11 Survival: Core legal terms (releases, indemnification, venue, governing law) survive contract expiration.
8.12 Participant Certification: Execution confirms the Participant has read, understood, and voluntarily agreed to all terms.
8.13 Attorney Review Recommendation: Participants are advised that they have the right to consult independent legal counsel before signing.
ARTICLE IX – EXECUTION, ELECTRONIC ACCEPTANCE, PARTICIPANT CERTIFICATION
9.1 Execution of Agreement: Effective immediately upon execution electronically, online, at a kiosk, or in person.
9.2 Electronic Signatures: Electronic signatures carry the same full legal force and effect as original handwritten signatures.
9.3 Electronic Records: Official records (time stamps, IP addresses, audit logs) are maintained electronically by the Company.
9.4 Participant Information: Participants certify that all provided information is accurate.
9.5 Parent or Legal Guardian Certification: Adult signers represent full legal authority to execute this release on behalf of listed Minors and, to the fullest extent permitted by the laws of the United States Virgin Islands, expressly waive and release any and all claims of the Minor child.
9.6 Participant Roster: Household lists, booking rosters, and attached participant lists are incorporated into this Agreement.
9.7 Reservation and Membership Association: Association with bookings or credentials is for operational tracking and does not alter core legal terms.
9.8 Scope of Term: The one-year validity period established herein applies across all Facilities operated by the Company.
Concept renderings, amenities, pricing, and development plans are subject to change based on feasibility studies, financing, permitting, and operational planning.
© 2026 ÉLEVÉ at District 340. All Rights Reserved.
A proposed entertainment and hospitality destination concept for the USVI.
É L E V É
AT DISTRICT 340