ELEVE ENTERTAINMENT LLC

MASTER LIABILITY WAIVER, ACKNOWLEDGMENT OF INHERENT RISKS, RELEASE OF LIABILITY, INDEMNIFICATION, AND FACILITY USE AGREEMENT

IMPORTANT: 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AGREEMENT REMAINS VALID FOR ONE (1) YEAR FROM THE DATE OF EXECUTION, PROVIDED IT IS NOT EARLIER REVOKED, REPLACED, OR SUPERSEDED.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.

Document Control: Version 2.0

Effective Date: July 13, 2026

Review Cycle: Annual

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, ÉLEVÉ at District 340, RollCity VI, SplashDome VI, 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

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.

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

SplashDome 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

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.

This Agreement applies regardless of whether the Participant is:

Participating in an attraction;

Observing activities;

Dining;

Staying at a Company-operated hotel;

Attending an event;

Using transportation services;

Shopping;

Waiting within the Facility; or

Otherwise present on Company property.

2.3 Annual Validity

Unless revoked, superseded, or materially amended by the Company, this Agreement shall remain valid for one (1) year (365 consecutive days) from the date of execution.

During that 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 to this Agreement;

Significant additions of new attraction categories;

Changes in applicable law;

Insurance requirements; or

Other operational or legal considerations.

The Company reserves the right to require execution of a revised Agreement at any time.

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.

The signing adult further represents that the information provided regarding each Minor is accurate to the best of their knowledge.

Nothing in this Agreement shall be interpreted as expanding or reducing any rights or obligations established under applicable law regarding parental or guardian authority.

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.

To the fullest extent permitted by applicable law, an electronic signature or electronic acknowledgment shall have the same force and effect as an original handwritten signature.

2.6 Incorporation of Facility Rules

Facility Rules, attraction-specific operating requirements, posted warnings, and staff instructions are incorporated into this Agreement by reference.

Failure to comply with such rules may result in denial of participation, removal from the Facility, suspension of privileges, or termination of membership, without refund where permitted by applicable law.

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;

Choice of venue;

Electronic execution;

Privacy and data usage;

Intellectual property;

Media authorization; and

Any other provision that by its nature is intended to survive expiration or termination of this Agreement.

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.

Nothing in this Article limits the Company's right to require additional attraction-specific acknowledgments, safety briefings, or operational instructions where appropriate or required by law, insurance requirements, or the nature of a particular Activity.

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 ("Company").

The Company may establish eligibility criteria for any Activity, including but not limited to:

Minimum or maximum age requirements;

Minimum or maximum height requirements;

Minimum or maximum weight restrictions;

Physical reach or restraint-system requirements;

Appropriate footwear;

Appropriate attire;

Swimming ability where applicable;

Completion of required safety briefings;

Successful demonstration of required skills or competency;

Compliance with all posted attraction requirements.

Participants acknowledge that these eligibility standards are implemented solely for operational safety and risk management.

3.2 Reservation of Operational Authority

To promote the safety of Participants, employees, contractors, and guests, 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.

Such determinations may be based upon, among other things:

Failure to satisfy attraction eligibility requirements;

Failure to comply with staff instructions;

Unsafe conduct;

Apparent intoxication;

Suspected impairment;

Aggressive, threatening, or disruptive behavior;

Tampering with safety equipment;

Fraudulent use of tickets, memberships, or credentials;

Emergency operational conditions.

Where permitted by applicable law, such actions may occur without refund.

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.

Participants are encouraged to consult a qualified healthcare provider whenever uncertainty exists regarding their ability to safely participate.

The Company does not evaluate a Participant's medical fitness and relies upon each Participant's own judgment and representations.

Participation constitutes the Participant's representation that they believe they can safely participate in the selected Activity.

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 that may not be suitable for every individual.

Participants with any medical condition that could increase the risk of injury—including, but not limited to:

Heart or cardiovascular conditions;

High blood pressure;

Pregnancy;

Epilepsy or seizure disorders;

Photosensitivity;

Neck, back, spinal, or joint injuries;

Chronic pain disorders;

Respiratory conditions;

Mobility limitations;

Balance disorders;

Motion sickness;

Recent surgery;

Cognitive impairments affecting safe participation;

Any other condition identified by a healthcare provider—

are strongly encouraged to refrain from participating in Activities that could aggravate those conditions.

Participation by such individuals is voluntary and undertaken at their own risk.

3.5 Participant Obligation to Follow Attraction Restrictions

Participants agree to comply with all posted attraction-specific restrictions, including but not limited to:

Height requirements;

Weight limitations;

Age restrictions;

Rider position requirements;

Swimming requirements;

Health advisories;

Required protective equipment;

Maximum occupancy limits;

Staff instructions.

Failure to comply may result in denial of participation or removal from the Activity.

3.6 Accessibility

ELEVE Entertainment LLC is committed to making its facilities reasonably accessible in accordance with applicable law.

Certain attractions, however, involve inherent physical requirements that cannot be modified without fundamentally altering the nature of the Activity or creating unreasonable safety risks.

The Company may determine that participation in a specific Activity is not appropriate for certain individuals based upon legitimate safety considerations.

Nothing in this Agreement shall be interpreted as limiting any rights or obligations established by applicable accessibility laws.

Participants requiring accommodations are encouraged to speak with Guest Services before participating.

3.7 Participant Conduct Affecting Safety

Participants acknowledge that their own actions may increase risks for themselves and others.

Participants agree that they will not participate while:

Under the influence of alcohol or illegal drugs;

Using medication that substantially impairs judgment, coordination, or reaction time;

Experiencing dizziness or faintness;

Suffering from a condition that creates an unreasonable safety risk;

Failing to follow staff instructions.

The Company reserves the right to deny participation whenever staff reasonably believe participation would be unsafe.

3.8 Communicable Illness Acknowledgment

The Participant understands that public entertainment venues, restaurants, hotels, water attractions, transportation services, and recreational facilities involve interaction with numerous individuals.

Accordingly, exposure to communicable illnesses, viruses, bacteria, fungi, parasites, or other infectious agents cannot be completely eliminated.

The Participant voluntarily assumes the inherent risk of such exposure while present at the Facility.

Participants agree that they will not knowingly enter the Facility while experiencing symptoms of a contagious illness that could reasonably endanger others.

Nothing in this Agreement shall be interpreted as a guarantee that the Facility is free from communicable illnesses.

3.9 Emergency Operational Restrictions

The Company may temporarily suspend or restrict participation in any Activity due to:

Severe weather;

Lightning;

Tropical storms;

Hurricanes;

Equipment inspections;

Maintenance;

Water quality concerns;

Fire alarms;

Security incidents;

Medical emergencies;

Government orders;

Any condition reasonably believed to affect guest safety.

Participants agree to immediately comply with all evacuation orders, attraction closures, emergency announcements, and staff instructions.

3.10 No Medical Advice

The Company does not provide medical diagnoses or medical advice.

Any information provided by Company personnel regarding attraction suitability is general operational guidance only and shall not be interpreted as medical advice.

Participants remain solely responsible for obtaining professional medical advice concerning their own health and fitness for participation.

3.11 Voluntary Participation

Except where otherwise prohibited by law, participation in every Activity offered by the Company is entirely voluntary.

Each Participant acknowledges that they have had sufficient opportunity to review Facility Rules, ask questions, observe Activities, and determine whether participation is appropriate.

By choosing to participate, the Participant voluntarily accepts the inherent risks associated with the selected Activities and agrees to comply with all safety requirements established by the Company.

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, maintenance, supervision, inspection, instruction, lifeguard presence, ride operation, staffing, or safety procedures.

The Participant further understands that participation in one attraction may involve risks that differ from participation in another attraction. The Participant voluntarily accepts and assumes all inherent risks associated with each attraction they choose to use.

The examples contained within this Article are representative and are not intended to be exhaustive. The inability to identify every possible hazard shall not diminish the Participant's assumption of risk.

4.2 Roller Skating & Synthetic Ice Skating

The Participant understands that roller skating and synthetic ice skating involve inherent risks including, but not limited to:

Falls while entering or exiting the skating surface;

Loss of balance;

High-speed falls;

Collisions with other skaters;

Collisions with walls, barriers, railings, benches, equipment, or Facility fixtures;

Skate malfunction or improper fit;

Sudden changes in skating direction;

Improper stopping techniques;

Congestion during busy skating sessions;

Uneven skating abilities among participants;

Instructor-led lessons;

Speed skating;

Games and competitions;

Theme events;

Performances;

Rental equipment failure despite reasonable inspection;

Injuries caused by participant negligence.

The Participant agrees to skate only within their abilities and to comply with all rink rules and staff instructions.

4.3 Bowling

The Participant understands that bowling presents inherent risks including:

Dropping bowling balls;

Finger injuries;

Muscle strains;

Slips on lane approaches;

Lane conditioning oils;

Ball return mechanisms;

Pinsetter equipment;

Bowling ball rebound;

Collisions with other guests;

Spectator injuries caused by errant bowling balls;

Injuries resulting from improper lifting techniques.

Participants agree not to enter restricted employee areas or interfere with bowling equipment.

4.4 Arcade, Redemption Games & Interactive Attractions

The Participant understands that arcade and interactive attractions involve risks including:

Electrical equipment;

Trip hazards;

Crowded walkways;

Flashing lights;

Loud noises;

Prize redemption congestion;

Motion sickness from certain interactive attractions;

Equipment malfunction;

Participant misuse.

The Company does not guarantee uninterrupted operation of arcade equipment.

4.5 Virtual Reality & Motion Simulator Attractions

The Participant understands that Virtual Reality, augmented reality, mixed reality, and motion simulator attractions may produce:

Motion sickness;

Dizziness;

Vertigo;

Disorientation;

Balance impairment;

Eye strain;

Nausea;

Anxiety;

Claustrophobia;

Flashing light exposure;

Seizure risks for susceptible individuals;

Neck strain;

Back strain;

Sudden simulator movement.

Participants agree to immediately discontinue participation if discomfort occurs.

4.6 Trampoline Attractions

The Participant understands that trampoline attractions involve inherent risks including:

Falls;

Awkward landings;

Double bouncing;

Participant collisions;

Hyperextension injuries;

Sprains;

Fractures;

Foam pit hazards;

Equipment misuse;

Overexertion.

Participants shall comply with all attraction capacity limits and operational rules.

4.7 Laser Tag

The Participant understands that laser tag activities involve:

Reduced lighting;

Flashing lights;

Low obstacles;

Elevated platforms;

Tight spaces;

Running hazards;

Participant collisions;

Slips and falls;

Equipment impacts.

Participants agree not to run recklessly or engage in physical contact.

4.8 SplashDome Water Attractions

The Participant understands that aquatic attractions involve significant inherent risks including:

Drowning;

Near drowning;

Water aspiration;

Water slides;

Wave pools;

Lazy rivers;

Interactive play structures;

Water obstacle courses;

Climbing elements;

Jump platforms where permitted;

Strong currents;

Moving water;

Entrapment;

Entrapment by clothing or accessories;

Submerged obstacles;

Slippery walking surfaces;

Sudden water depth changes;

Collisions with flotation devices;

Collisions with other participants;

Exposure to chlorinated or chemically treated water;

Exposure to naturally occurring microorganisms;

Heat exhaustion;

Sunburn;

Dehydration;

Lightning-related evacuations;

Attraction closures for weather or water quality.

The Participant understands that:

Lifeguards reduce but cannot eliminate the risk of injury or drowning;

Parents and guardians remain responsible for supervising minors except where supervision is expressly assumed by the Company under a separate written program;

Failure to follow lifeguard instructions may result in immediate removal.

4.9 Go-Kart Attractions

The Participant understands that motorized attractions involve risks including:

Vehicle collisions;

Barrier impacts;

Mechanical malfunction;

Driver error;

Sudden braking;

Whiplash;

Tire failure;

Flying debris;

Weather conditions;

Loss of vehicle control;

Contact with safety barriers;

Contact with track personnel;

Participant misconduct.

Participants agree to obey all track flags, operator instructions, speed controls, and safety requirements.

4.10 Dining, Food & Beverage Services

The Participant understands that dining services involve risks including:

Food allergies;

Cross-contact with allergens;

Hot foods;

Hot beverages;

Choking hazards;

Foodborne illness despite reasonable food safety practices;

Broken dishware;

Slippery restaurant floors;

Alcohol service where permitted.

Participants remain responsible for communicating food allergies and dietary restrictions before ordering.

4.11 Hotels, Lodging & Guest Accommodations

The Participant understands that hotel accommodations involve inherent risks associated with:

Elevators;

Stairways;

Balconies;

Furniture;

Glass doors;

Bathroom surfaces;

Pools and spas;

Fitness areas;

In-room appliances;

Housekeeping operations;

Emergency evacuations;

Shared public spaces.

Guests remain responsible for supervising children within hotel accommodations.

4.12 Transportation Services

The Participant understands that transportation services provided or arranged by the Company—including airport transfers, cruise transfers, courtesy shuttles, golf carts, valet operations, and other transportation—carry risks associated with motor vehicle travel.

Participants agree to comply with all operator instructions, seat belt requirements where available, and safe loading and unloading procedures.

4.13 Parking Areas

The Participant understands that parking lots, garages, loading areas, sidewalks, and pedestrian pathways involve risks including:

Vehicle traffic;

Backing vehicles;

Uneven pavement;

Weather conditions;

Slippery surfaces;

Limited visibility;

Pedestrian congestion.

Participants remain responsible for exercising reasonable caution while traveling through parking facilities.

4.14 Competitions, Camps, Lessons & Special Events

Participation in organized events may involve elevated risks due to:

Increased physical exertion;

Competitive environments;

Timed activities;

Performance requirements;

Instructor demonstrations;

Group participation;

Audience presence.

Participants agree to comply with all event-specific safety requirements.

4.15 Spectators

Even individuals who do not actively participate may be exposed to risks associated with:

Flying objects;

Participant collisions;

Wet surfaces;

Crowded conditions;

Emergency evacuations;

Equipment operation.

Spectators agree to remain within designated viewing areas and comply with all posted warnings.

4.16 Future Attractions

The Participant acknowledges that ELEVE Entertainment LLC may introduce additional recreational attractions, entertainment experiences, hospitality services, transportation services, or amenities during the effective term of this Agreement.

The Participant agrees that this Article shall apply to any future attraction or activity of a substantially similar recreational or hospitality nature, to the fullest extent permitted by applicable law, unless the Company requires execution of an additional attraction-specific acknowledgment.

4.17 Participant Acknowledgment

The Participant acknowledges that:

They have had an opportunity to review the inherent risks associated with the Activities they choose to participate in.

They understand that no recreational activity can be made completely risk-free.

The Company's implementation of safety rules, inspections, maintenance, supervision, lifeguards, instructors, ride operators, security personnel, or emergency procedures does not eliminate the inherent risks associated with participation.

They voluntarily choose to participate with full knowledge that serious injury, permanent disability, illness, property damage, emotional distress, or death may result.

They voluntarily and knowingly assume all inherent risks associated with participation in any Activity offered by ELEVE Entertainment LLC to the fullest extent permitted by applicable law.

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 ("Company").

Participants acknowledge that their own actions may affect the safety and enjoyment of other guests, employees, contractors, and visitors.

Accordingly, each Participant agrees to exercise reasonable care for their own safety and the safety of others while using the Facility.

5.2 Compliance with Facility Rules

Participants agree to comply with:

All posted signs and warnings;

Attraction-specific rules;

Safety briefings;

Staff instructions;

Lifeguard instructions;

Ride operator instructions;

Referee or instructor directions;

Security personnel instructions;

Emergency announcements;

Temporary operational restrictions.

Failure to comply may result in denial of participation, removal from the Facility, suspension of privileges, revocation of RFID or Digital Credentials, or termination of membership without refund where permitted by applicable law.

5.3 Prohibited Conduct

To promote a safe and enjoyable environment, Participants shall not:

Engage in fighting or physical altercations;

Threaten, harass, intimidate, or abuse other guests or employees;

Use obscene, discriminatory, or abusive language toward others;

Damage Company property;

Tamper with safety equipment or attraction controls;

Enter employee-only or restricted areas;

Bypass safety barriers;

Misuse rides or attractions;

Throw objects;

Cut in lines or interfere with attraction operations;

Possess illegal drugs;

Smoke or vape except in designated areas, if any;

Bring outside alcoholic beverages unless expressly authorized;

Bring firearms, weapons, explosives, fireworks, or hazardous materials except where required by applicable law;

Engage in conduct reasonably determined by the Company to present an unacceptable safety risk.

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.

The Company does not assume parental responsibilities merely because a Minor is present at the Facility.

Parents and guardians shall promptly respond to instructions from Company personnel concerning the safety of their children.

5.5 Appropriate Attire

Participants agree to wear attire suitable for the Activities they choose to participate in.

The Company may prohibit participation where attire, footwear, accessories, jewelry, costumes, loose clothing, or personal items present a safety hazard.

5.6 Personal Property

Participants are solely responsible for safeguarding their personal belongings.

To the fullest extent permitted by applicable law, the Company shall not be responsible for loss of, theft of, or damage to personal property unless resulting from the Company's gross negligence or other liability that cannot legally be disclaimed.

Lockers, where provided, are offered solely as a convenience and do not create a bailment or guarantee of security.

5.7 RFID Wristbands and Digital Credentials

RFID wristbands, membership cards, digital credentials, QR codes, barcodes, or similar admission devices remain the property of the Company.

Participants agree that they shall not:

Share credentials with another individual;

Alter or duplicate credentials;

Attempt unauthorized access;

Circumvent admission systems.

The Company reserves the right to deactivate any credential reasonably believed to be lost, stolen, duplicated, altered, fraudulently used, or otherwise misused.

5.8 Photography, Recording, and Security

Participants acknowledge that:

Security cameras operate throughout portions of the Facility for safety and operational purposes;

Public events may be photographed or recorded;

Participants may appear incidentally in photographs or video captured in public areas.

Separate promotional media permissions, where requested by the Company, shall be governed by the Participant's media authorization election.

5.9 Emergency Procedures

Participants agree to immediately comply with evacuation orders, emergency announcements, attraction closures, shelter-in-place instructions, and directions provided by Company personnel, emergency responders, or governmental authorities.

Failure to comply may increase risks to the Participant and others.

5.10 Operational Closures

The Company may temporarily suspend or permanently discontinue any attraction or portion of the Facility because of:

Maintenance;

Inspections;

Mechanical concerns;

Weather;

Hurricanes;

Tropical storms;

Lightning;

Water quality;

Public health concerns;

Security incidents;

Government orders;

Utility failures; or

Other operational reasons.

Temporary closures do not constitute a representation that the remaining portions of the Facility are unsafe.

5.11 Right to Refuse Service

To the fullest extent permitted by applicable law, the Company reserves the right to refuse admission, discontinue participation, revoke privileges, or remove any Participant whose conduct reasonably threatens safety, security, operations, or the enjoyment of other guests.

Nothing in this Agreement shall be interpreted as requiring the Company to permit continued participation when doing so would reasonably compromise safety.

ARTICLE VI – RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND MEDICAL AUTHORIZATION

6.1 Voluntary Participation

The Participant acknowledges that participation in Activities is entirely voluntary.

The Participant has had sufficient opportunity to observe Activities, review applicable rules, ask questions, and determine whether participation is appropriate.

The Participant voluntarily elects to participate with full knowledge of the inherent risks described throughout this Agreement.

6.2 Release of Liability

To the fullest extent permitted by applicable law, the Participant, on behalf of themselves, their heirs, personal representatives, successors, assigns, and anyone claiming through them, knowingly and voluntarily releases, waives, and discharges ELEVE Entertainment LLC and its affiliated persons and entities from claims arising out of or relating to the inherent risks of participation in Activities or the ordinary negligence of the Company.

This release does not apply to liability that cannot legally be waived under applicable law.

6.3 Assumption of Inherent Risks

The Participant expressly acknowledges and assumes all inherent risks associated with entering the Facility and participating in Activities, whether such risks are specifically described in this Agreement or are otherwise reasonably inherent to recreational, entertainment, hospitality, aquatic, athletic, transportation, or amusement activities.

6.4 Indemnification

To the fullest extent permitted by applicable law, the Participant agrees to indemnify and hold harmless ELEVE Entertainment LLC from third-party claims arising directly from:

The Participant's violation of Facility Rules;

Intentional misconduct;

Reckless conduct;

Misrepresentation of authority to sign for a Minor;

Unauthorized use of Company property;

Damage caused by the Participant beyond ordinary wear and tear.

This indemnification provision shall not require indemnification for liability arising solely from the Company's own conduct where such indemnification is prohibited by law.

6.5 Medical Authorization

In the event that Company personnel reasonably believe emergency medical treatment is necessary, the Participant authorizes the Company to contact emergency medical services and, when appropriate, to provide available emergency information to responding healthcare providers.

The Participant understands that:

The Company is not obligated to provide medical care;

Emergency responders may not be immediately available;

Medical treatment outcomes cannot be guaranteed;

The Participant remains solely responsible for all medical expenses incurred.

6.6 Emergency Contact Information

Participants agree to provide accurate emergency contact information when requested.

Failure to provide such information does not relieve the Participant of responsibilities under this Agreement.

6.7 Medical Information

Participants acknowledge that any medical information voluntarily provided to the Company is intended solely to assist with operational decision-making and emergency response.

The Company does not undertake responsibility for monitoring medical conditions, administering medications, or providing ongoing medical supervision unless expressly agreed in writing.

6.8 No Medical Advice

Company employees, contractors, instructors, lifeguards, ride operators, and other personnel do not provide medical diagnoses or medical advice.

Any statements regarding attraction suitability are general operational guidance and should not be interpreted as medical recommendations.

6.9 Limitation of Emergency Response

The Participant understands that emergency equipment, first-aid supplies, automated external defibrillators (AEDs), lifeguards, first-aid personnel, instructors, or other safety resources are intended to reduce risk but cannot eliminate the possibility of serious injury or death.

The existence of such resources does not constitute a guarantee of safety or immediate medical assistance.

6.10 Survival

The release, assumption of risk, indemnification, and medical authorization provisions contained in this Article shall survive expiration of this Agreement to the fullest extent permitted by applicable law and shall continue to govern any claim arising from participation occurring during the effective term of this Agreement.

ARTICLE VII – FACILITY OPERATIONS, PRIVACY, DIGITAL SYSTEMS, AND ADMISSION POLICIES

7.1 General Operations

ELEVE Entertainment LLC ("Company") reserves the right to establish, modify, suspend, or discontinue operating procedures, attraction schedules, admission policies, pricing, hours of operation, safety requirements, maintenance schedules, and operational practices whenever reasonably necessary for safety, security, maintenance, business operations, legal compliance, or guest experience.

Nothing in this Agreement shall be interpreted as guaranteeing the availability of any particular attraction, event, service, amenity, restaurant, hotel accommodation, transportation service, or operational feature on any specific date.

7.2 Attraction Availability

The Company may temporarily or permanently suspend, delay, modify, substitute, or discontinue any attraction, ride, activity, event, restaurant, hotel amenity, transportation service, or other offering because of, including but not limited to:

Preventive maintenance;

Equipment inspections;

Mechanical repairs;

Safety concerns;

Weather conditions;

Tropical storms;

Hurricanes;

Lightning;

High winds;

Water quality concerns;

Utility interruptions;

Public health concerns;

Government orders;

Staffing considerations;

Private events;

Capacity limitations; or

Any circumstance reasonably affecting safe operation.

Participants acknowledge that temporary attraction closures do not constitute a breach of this Agreement.

Refunds, rain checks, credits, or rescheduling shall be governed by the Company's applicable admission, ticketing, reservation, or membership policies.

7.3 Reservations, Tickets, and Admissions

Admission may require:

A valid ticket;

Reservation;

Membership;

RFID Wristband;

Mobile credential;

Digital credential;

Barcode;

QR code; or

Other Company-approved admission method.

The Company reserves the right to verify identity whenever reasonably necessary to prevent fraud, unauthorized transfers, or misuse of admission privileges.

7.4 RFID Wristbands and Digital Credentials

The Participant acknowledges that RFID wristbands and digital credentials are used to improve guest experience, operational efficiency, and safety.

Such credentials may be used for purposes including:

Admission verification;

Attraction eligibility;

Membership verification;

Reservation validation;

Locker access;

Hotel access;

Cashless purchases;

Event registration;

Competition management;

Guest identification;

Operational analytics;

Safety verification;

Waiver validation.

Participants agree not to:

Transfer credentials to another person;

Alter, duplicate, counterfeit, or tamper with credentials;

Circumvent security measures;

Attempt unauthorized access to restricted areas.

Lost or damaged credentials may be subject to replacement procedures or applicable replacement fees established by the Company.

7.5 Privacy and Information Collection

The Participant understands that the Company may collect, process, store, and use information reasonably necessary to operate its business and provide services.

Such information may include:

Contact information;

Reservation information;

Membership information;

Waiver information;

Emergency contact information;

Transaction history;

Attraction participation records;

RFID activity records;

Digital credential records;

Customer service communications;

Hotel registration information;

Competition registrations;

Loyalty program information;

Security records;

Operational records.

Information shall be collected, stored, retained, disclosed, and disposed of in accordance with applicable law and the Company's Privacy Policy.

7.6 Security Cameras and Surveillance

The Participant acknowledges that portions of the Facility may be monitored through security cameras, access control systems, and other security technologies for purposes including:

Guest safety;

Security;

Incident investigation;

Loss prevention;

Fraud prevention;

Operational management;

Emergency response.

Participants should not expect privacy in public areas of the Facility where surveillance is reasonably used for these purposes.

Nothing in this section authorizes surveillance where prohibited by law.

7.7 Promotional Photography and Media

Separate from security surveillance, the Company may photograph or record public areas of the Facility for marketing, promotional, educational, or operational purposes.

Where the Company requests a Participant's promotional media authorization, such authorization shall be governed by the Participant's media release election.

This provision does not limit the Company's ability to capture incidental crowd footage in public areas as otherwise permitted by applicable law.

7.8 Electronic Communications

By providing contact information, the Participant authorizes the Company to communicate regarding:

Reservations;

Memberships;

Operational notices;

Safety information;

Schedule changes;

Attraction closures;

Emergency notifications;

Account administration;

Waiver updates.

Marketing communications shall be governed by applicable law and the Participant's communication preferences where required.

7.9 Lost Property

The Company may maintain a lost-and-found program as a courtesy.

The Company does not guarantee recovery, storage, or return of lost property.

Any unclaimed property may be handled in accordance with Company policy and applicable law.

7.10 Intellectual Property

All Company trademarks, service marks, logos, graphics, designs, photographs, videos, promotional materials, software, mobile applications, websites, and other intellectual property remain the exclusive property of ELEVE Entertainment LLC or its licensors.

Nothing in this Agreement grants any Participant a license to reproduce or commercially use Company intellectual property.

ARTICLE VIII – GENERAL LEGAL PROVISIONS

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States Virgin Islands without regard to its conflict-of-law principles.

8.2 Venue

Unless otherwise required by applicable law, any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction located within the United States Virgin Islands.

Nothing in this section prevents the parties from voluntarily agreeing to mediation or another lawful dispute-resolution process.

8.3 Severability

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

The invalid provision shall be interpreted, where reasonably possible, in a manner consistent with the original intent of the parties.

8.4 No Waiver

The failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision.

A waiver shall be effective only if made in writing by an authorized representative of the Company.

8.5 Modification of Operational Policies

The Company may modify Facility Rules, operational procedures, safety requirements, admission procedures, and other operational policies from time to time.

Material modifications to this Agreement itself shall become effective only after reasonable notice to Participants and, where required by law or determined appropriate by the Company, execution of a revised Agreement.

8.6 Entire Agreement

This Agreement constitutes the complete agreement regarding assumption of risk, release of liability, participant responsibilities, and Facility use between the Participant and the Company.

It supersedes prior oral or written understandings concerning those matters.

Nothing in this section supersedes separate written agreements governing employment, vendor relationships, hotel reservations, event contracts, memberships, sponsorships, or other independent contractual relationships unless expressly stated.

8.7 Interpretation

Headings are included solely for convenience and shall not affect interpretation.

Whenever the words "including," "includes," or "include" are used, they shall be interpreted to mean "including, but not limited to."

References to the singular include the plural where appropriate.

8.8 Assignment

Participants may not assign or transfer rights under this Agreement without the Company's prior written consent.

The Company may assign this Agreement to a successor entity resulting from merger, acquisition, reorganization, sale of substantially all assets, or other lawful corporate transaction.

8.9 Electronic Records

The Participant agrees that electronic copies of this Agreement, electronic records, electronically stored waivers, electronic signatures, electronic acknowledgments, electronic communications, and electronically generated audit logs may be maintained by the Company and shall be admissible to the fullest extent permitted by applicable law.

Printed copies generated from electronic records shall be considered accurate reproductions of the original electronic record unless demonstrated otherwise by competent evidence.

8.10 Annual Validity and Version Control

This Agreement shall remain effective for the period specified in Article II unless earlier revoked, replaced, or superseded by the Company.

The Company may issue revised versions of this Agreement from time to time.

Each version shall include:

Version number;

Effective date;

Revision date, if applicable.

Execution of a revised version shall supersede any prior version as of its effective date unless otherwise stated.

8.11 Survival

The provisions concerning releases, assumption of risk, indemnification, privacy, intellectual property, governing law, venue, electronic records, media authorization, and any provision that by its nature is intended to survive shall remain effective after expiration or termination of this Agreement to the fullest extent permitted by applicable law.

8.12 Participant Certification

By executing this Agreement, the Participant certifies that:

They have carefully read this Agreement in its entirety.

They understand the legal rights they may be giving up to the fullest extent permitted by law.

They have had sufficient opportunity to ask questions before signing.

They voluntarily agree to all terms contained herein.

They intend for this Agreement to be legally binding upon themselves and, where applicable, upon the Minor Participant(s) identified in the accompanying participant information.

8.13 Attorney Review Recommendation

The Participant acknowledges that this Agreement has been made available for review before execution.

The Company recommends that any Participant who has questions regarding the legal effect of this Agreement consult independent legal counsel before signing.

Execution of this Agreement confirms that the Participant has voluntarily chosen to proceed, whether or not independent legal advice was obtained.

ARTICLE IX – EXECUTION, ELECTRONIC ACCEPTANCE, PARTICIPANT CERTIFICATION, AND VERSION CONTROL

9.1 Execution of Agreement

This Agreement shall become effective immediately upon execution by the Participant or, where applicable, the Participant's Parent or Legal Guardian.

Execution may occur before arrival, during online registration, during the reservation process, during membership enrollment, at an electronic kiosk, on a mobile device, at Guest Services, or through any other Company-approved method.

Execution of this Agreement is a condition of participation in Activities unless expressly waived in writing by an authorized representative of ELEVE Entertainment LLC.

9.2 Electronic Signatures

The Participant acknowledges and agrees that this Agreement may be executed electronically.

Electronic execution includes, but is not limited to:

Drawing a signature on a touchscreen;

Typing a legal name;

Clicking an acceptance checkbox where legally sufficient;

Signing through an electronic waiver platform;

Executing through a membership portal;

Executing through an online reservation system;

Executing through a mobile device;

Executing through a kiosk;

Executing through any other legally recognized electronic method.

To the fullest extent permitted by applicable law, every electronic signature or acknowledgment shall have the same legal force and effect as an original handwritten signature.

9.3 Electronic Records

The Participant agrees that ELEVE Entertainment LLC may maintain electronic records relating to this Agreement.

Such records may include:

Signed waiver documents;

Electronic signatures;

Date and time of execution;

Audit logs;

Device information;

Internet Protocol (IP) address where available;

Booking reference numbers;

Membership numbers;

RFID credential numbers;

Digital credential identifiers;

Participant rosters;

Emergency contact information;

Participant selections;

Version history.

Electronically stored records shall constitute the official Company record of this Agreement unless otherwise required by applicable law.

9.4 Participant Information

The Participant certifies that all information provided in connection with this Agreement is true and accurate to the best of their knowledge.

The Participant agrees to promptly notify the Company if material information affecting participation changes before the scheduled Activity.

The Company may rely upon information provided by the Participant unless the Company has actual knowledge that such information is materially inaccurate.

9.5 Parent or Legal Guardian Certification

Any individual executing this Agreement on behalf of one or more Minor Participants certifies that:

They are the Minor's parent or legal guardian, or otherwise possess lawful authority to execute this Agreement;

The Minor information provided is accurate to the best of their knowledge;

They have authority to make participation decisions on behalf of each listed Minor;

They understand the legal consequences of executing this Agreement.

Nothing contained herein shall expand or diminish parental rights established by applicable law.

9.6 Participant Roster

When this Agreement is executed electronically, any Participant roster, household list, Minor list, reservation information, booking information, membership information, or event registration submitted together with this Agreement shall automatically become incorporated into and form part of this Agreement.

Each listed Participant shall be subject to this Agreement only to the extent permitted by applicable law and, in the case of a Minor, only when properly executed by an authorized Parent or Legal Guardian.

9.7 Reservation and Membership Association

Where applicable, this Agreement may be associated with one or more:

Reservations;

Memberships;

Admission tickets;

RFID wristbands;

Digital credentials;

Event registrations;

Hotel reservations;

Competition registrations;

Party or group bookings.

Association of this Agreement with a reservation or membership is solely for operational convenience and does not alter the legal obligations established herein.

9.8 Annual Validity

Unless revoked, superseded, or materially amended by the Company, this Agreement shall remain valid for one (1) year from the date of execution.

During that period, the Agreement shall apply to every visit by the Participant to any Facility operated by ELEVE Entertainment LLC.

The Company may require execution of a revised Agreement before expiration whenever reasonably necessary because of:

Material revisions to this Agreement;

Introduction of new attraction categories presenting materially different inherent risks;

Insurance requirements;

Changes in applicable law;

Operational requirements.

9.9 Version Control

To maintain accurate legal records, each edition of this Agreement shall contain:

Agreement title;

Version number;

Effective date;

Revision date, if applicable;

Approval date;

Document control identifier.

Execution of a revised version shall supersede previously executed versions as of its effective date unless otherwise stated.

Historical versions may be retained by the Company for legal, operational, insurance, or regulatory purposes.

9.10 Entire Agreement

This Agreement constitutes the complete understanding between the Participant and ELEVE Entertainment LLC concerning assumption of risk, release of liability, participation in Activities, and use of the Facility.

Separate agreements governing memberships, hotel reservations, event contracts, employment, vendor relationships, sponsorships, or other independent legal relationships remain effective according to their own terms unless expressly modified in writing.

PARTICIPANT CERTIFICATION

By signing below, I certify and acknowledge that:

☐ I have carefully read this entire Agreement.

☐ I understand the inherent risks associated with participation.

☐ I voluntarily choose to participate.

☐ I understand that I am releasing certain legal claims against ELEVE Entertainment LLC to the fullest extent permitted by applicable law.

☐ I agree to comply with all Facility Rules and staff instructions.

☐ I understand that this Agreement remains effective for one (1) year unless replaced or otherwise terminated according to its terms.

☐ I understand that my electronic signature carries the same legal effect as my handwritten signature.

Concept renderings, amenities, pricing, and development plans are subject to change based on feasibility studies, financing, permitting, and operational planning.