Common use of Indemnification and Release of Liability Clause in Contracts

Indemnification and Release of Liability. In consideration of being allowed to use the facilities and participate in the Sports Park and other activities provided by ERM-GRAPEVINE, LLC, d.b.a. WhoaZone at Grapevine (“WHOAZONE”), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows: I, the undersigned Participant, am using WHOAZONE equipment and participating in WHOAZONE activities, including, but not limited to, the Wibit Sports Park, Stand Up Paddleboards, Kayaks, Pedal Boats, and other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, xxxxx, sprains, fractured or broken bones, as well as other head/brain, xxxx, xxxx, back/spine injuries, including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases, including COVID-19. I amalso aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects, and that the Activities are conducted in an outdoor environment where insects, small animals, etc. are present. I voluntarily assume these and any related risks inherent in my participation in the Activities by signing below. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS. I further agree that I am personally liable and responsible for paying WHOAZONE for any and all damage to WHOAZONE property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipment or loss of use of equipment, any claims for diminution in value of any WHOAZONE equipment, and/or the cost of repair or replacing any WHOAZONE equipment. I authorize WHOAZONE, at WHOAZONE’S discretion, to bill any such charges or costs directly tomy credit card or to my account without further notice to me. I understand and acknowledge that WHOAZONE and the Activities are self-guided, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activities. I understand that WHOAZONE Staff are available to answer any questions I may have regarding WHOAZONE equipment and/or proper use of such equipment. I further understand and acknowledge that I am required to wear a WHOAZONE provided Coast Guard approved lifejacket at all timeswhile using or participating in the Activities. If I am unwilling or unable to follow the safety rules or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that WHOAZONE, at WHOAZONE’S discretion, may immediately restrict my use of or participation in the Activities and/or require meto leave the WHOAZONE premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for WHOAZONE or the Activities. I also waive and release any claims I may have related to the use of recorded media of me at WHOAZONE including, without limitation, any right to approve any photos, videos or audio recordings of me, any claims of privacy, violation of the right of publicity, defamation, copyright infringement and/or collection of any compensation (fees) for use of such recorded media. This Indemnification and Release shall be governed by the laws of the State of Texas. I agree that any Claims I may bring against WHOAZONE shall be submitted to the jurisdiction of the courts of Tarrant County, Texas and that no Claims against WHOAZONE shall be brought in any other jurisdiction. I also agree that if any part of this Indemnification and Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that WHOAZONE has made no warranties, expressed or implied, to me beyond those, if any, contained in this Indemnification and Release. I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS INDEMNIFICATION AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES, I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY. Signature of Participant: Date: Printed Name of Participant: IF PARTICIPANT IS A MINOR (Under 18): Parent or Guardian must ALSO sign. Parent/Guardian Signature: Date: Participant Address: City: State: Zip: Phone Number: Email: RULES AND REGULATIONS All participants who visit WHOAZONE must use common sense at our facility and use of the features that we provide for your enjoyment. If a participant has any questions, they should let the WHOAZONE staff know right away. In addition, all persons must follow the rules below when at WHOAZONE. • Each guest or an authorized guardian for children under 18 years of age must complete a WHOAZONE Release of Liability form before starting the course; PARENT/GUARDIAN SIGNING ABOVE ACCEPTS FULL RESPONSIBILITY FOR EXECUTING THIS WAIVER FOR THE SHOWN MINOR PARTICIPANT REGARDLESS OF HIS OR HER BEING A FAMILY MEMBER OF THE XXXXXX. • Guests must wear a USCG Personal Flotation Device (PFD) provided by WHOAZONE and keep it buckled and zipped at all time • Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted • Tobacco and alcohol are not permitted anywhere in the park. • No refunds will be granted. • Anyone who appears to be under the influence of drugs or alcohol may not participate in the WHOAZONE • Pregnant women are prohibited from going on the WHOAZONE course • The Host reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required. • ERM – GRAPEVINE, LLC reserves the right to close the WHOAZONE without refund at any time due to inclementweather deemed unsafe for guests • Cell phones are prohibited on the WHOAZONE challenge course. Please make appropriate arrangements for these and otherpersonal items before entering the course. The Host is not responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the WHOAZONE to retrieve a lost item.

Indemnification and Release of Liability. In consideration of being allowed to use the facilities and participate in the Sports Park and other activities provided by ERM-GRAPEVINEXXXXX, LLC, d.b.a. WhoaZone at Grapevine Heron Beach (“WHOAZONE”), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows: I, the undersigned Participant, am using WHOAZONE equipment and participating in WHOAZONE activities, including, but not limited to, the Wibit Sports Park, Stand Up Paddleboards, Kayaks, Pedal Boats, and other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, xxxxx, sprains, fractured or broken bones, as well as other head/brain, xxxx, xxxx, back/spine injuries, including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases, including COVID-19. I amalso aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects, and that the Activities are conducted in an outdoor environment where insects, small animals, etc. are present. I voluntarily assume these risks by signing below and any related risks inherent in my participation participating in the Activities by signing belowActivities. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS. I further agree that I am personally liable and responsible for paying WHOAZONE for any and all damage to WHOAZONE property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipment or loss of use of equipment, any claims for diminution in value of any WHOAZONE equipment, and/or the cost of repair or replacing any WHOAZONE equipment. I authorize WHOAZONE, at WHOAZONE’S discretion, to bill any such charges or costs directly tomy credit card or to my account without further notice to me. I understand and acknowledge that WHOAZONE and the Activities are self-guided, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activities. I understand that WHOAZONE Staff are available to answer any questions I may have regarding WHOAZONE equipment and/or proper use of such equipment. I further understand and acknowledge that I am required to wear a WHOAZONE provided Coast Guard approved lifejacket at all timeswhile using or participating in the Activities. If I am unwilling or unable to follow the safety rules or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that WHOAZONE, at WHOAZONE’S discretion, may immediately restrict my use of or participation in the Activities and/or require meto me to leave the WHOAZONE premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for WHOAZONE or the Activities. I also waive and release any claims I may have related to the use of recorded media of me at WHOAZONE including, without limitation, any right to approve any photos, videos or audio recordings of me, any claims of privacy, violation of the right of publicity, defamation, copyright infringement and/or collection of any compensation (fees) for use of such recorded media. This Indemnification and Release shall be governed by the laws of the State of TexasMichigan. I agree that any Claims I may bring against WHOAZONE shall be submitted to the jurisdiction of the courts of Tarrant Oakland County, Texas Michigan and that no Claims against WHOAZONE shall be brought in any other jurisdiction. I also agree that if any part of this Indemnification and Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that WHOAZONE has made no warranties, expressed or implied, to me beyond those, if any, contained in this Indemnification and Release. I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS INDEMNIFICATION AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES, I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY. Signature of Participant: Date: Printed Name of Participant: IF PARTICIPANT IS A MINOR (Under 18): Parent or Guardian must ALSO sign. Parent/Guardian Signature: Date: Participant Address: City: State: Zip: Phone Number: Email: RULES AND REGULATIONS All participants who visit WHOAZONE must use common sense at our facility and use of encountering the features that we provide have provided for your enjoyment. If a participant has any questions, they should let the WHOAZONE staff know right away. In addition, all persons must follow the these rules below when at WHOAZONE. WHOAZONE • Each guest or an authorized guardian for children under 18 years of age must complete a WHOAZONE Release of Liability form before starting the course; PARENT/GUARDIAN SIGNING ABOVE ACCEPTS FULL RESPONSIBILITY FOR EXECUTING THIS WAIVER FOR THE SHOWN MINOR PARTICIPANT REGARDLESS OF HIS OR HER BEING A FAMILY MEMBER OF THE XXXXXX. course • Guests must wear a USCG Personal Flotation Device (PFD) provided by WHOAZONE and keep it buckled and zipped at all time • Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted • Tobacco and alcohol are not permitted anywhere in the park. • No refunds will be granted. • Anyone who appears to be under the influence of drugs or alcohol may not participate in the WHOAZONE • Pregnant women are prohibited from going on the WHOAZONE course • The Host reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required. • ERM – GRAPEVINEXxxxx, LLC reserves the right to close the WHOAZONE without refund at any time due to inclementweather inclement weather deemed unsafe for guests • Cell phones are prohibited on the WHOAZONE challenge courseWHOAZONE. Please make appropriate arrangements for these and otherpersonal other personal items before entering the course. The Host is may not be held responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the WHOAZONE to retrieve a lost item.

Indemnification and Release of Liability. In consideration of being allowed to use the facilities and participate in the Sports Park and other activities provided by ERM-GRAPEVINEXXXXX, LLC, d.b.a. WhoaZone at Grapevine Heron Beach (“WHOAZONE”), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows: I, the undersigned Participant, am using WHOAZONE equipment and participating in WHOAZONE activities, including, but not limited to, the Wibit Sports Park, Stand Up Paddleboards, Kayaks, Pedal Boats, and other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, xxxxx, sprains, fractured or broken bones, as well as other head/brain, xxxx, xxxx, back/spine injuries, including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases, including COVID-19. I amalso am also aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects, and that the Activities are conducted in an outdoor environment where insects, small animals, etc. are present. I voluntarily assume these and any related risks inherent in my participation in the Activities by signing below. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS. I further agree that I am personally liable and responsible for paying WHOAZONE for any and all damage to WHOAZONE property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipment or loss of use of equipment, any claims for diminution in value of any WHOAZONE equipment, and/or the cost of repair or replacing any WHOAZONE equipment. I authorize WHOAZONE, at WHOAZONE’S discretion, to bill any such charges or costs directly tomy credit card or to my account without further notice to me. I understand and acknowledge that WHOAZONE and the Activities are self-guided, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activities. I understand that WHOAZONE Staff are available to answer any questions I may have regarding WHOAZONE equipment and/or proper use of such equipment. I further understand and acknowledge that I am required to wear a WHOAZONE provided Coast Guard approved lifejacket at all timeswhile using or participating in the Activities. If I am unwilling or unable to follow the safety rules or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that WHOAZONE, at WHOAZONE’S discretion, may immediately restrict my use of or participation in the Activities and/or require meto me to leave the WHOAZONE premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for WHOAZONE or the Activities. I also waive and release any claims I may have related to the use of recorded media of me at WHOAZONE including, without limitation, any right to approve any photos, videos or audio recordings of me, any claims of privacy, violation of the right of publicity, defamation, copyright infringement and/or collection of any compensation (fees) for use of such recorded media. This Indemnification and Release shall be governed by the laws of the State of TexasMichigan. I agree that any Claims I may bring against WHOAZONE shall be submitted to the jurisdiction of the courts of Tarrant Oakland County, Texas Michigan and that no Claims against WHOAZONE shall be brought in any other jurisdiction. I also agree that if any part of this Indemnification and Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that WHOAZONE has made no warranties, expressed or implied, to me beyond those, if any, contained in this Indemnification and Release. I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS INDEMNIFICATION AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES, I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY. Signature of Participant: Date: Printed Name of Participant: IF PARTICIPANT IS A MINOR (Under 18): Parent or Guardian must ALSO sign. Parent/Guardian Signature: Date: Participant Address: City: State: Zip: Phone Number: Email: RULES AND REGULATIONS All participants who visit WHOAZONE must use common sense at our facility and use of the features that we provide for your enjoyment. If a participant has any questions, they should let the WHOAZONE staff know right away. In addition, all persons must follow the rules below when at WHOAZONE. • Each guest or an authorized guardian for children under 18 years of age must complete a WHOAZONE Release of Liability form before starting the course; PARENT/GUARDIAN SIGNING ABOVE ACCEPTS FULL RESPONSIBILITY FOR EXECUTING THIS WAIVER FOR THE SHOWN MINOR PARTICIPANT REGARDLESS OF HIS OR HER BEING A FAMILY MEMBER OF THE XXXXXX. • Guests must wear a USCG Personal Flotation Device (PFD) provided by WHOAZONE and keep it buckled and zipped at all time times. • Sharp objects (such as jewelry, hair pinshairpins, etc.) or other dangerous materials are not permitted permitted. • Tobacco and alcohol are not permitted anywhere in the park. • No refunds will be granted. • Anyone who appears to be under the influence of drugs or alcohol may not participate in the WHOAZONE WHOAZONE. • Pregnant women are prohibited from going on the WHOAZONE course course. • The Host reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required. • ERM – GRAPEVINEXxxxx, LLC reserves the right to close the WHOAZONE without refund at any time due to inclementweather inclement weather deemed unsafe for guests guests. • Cell phones are prohibited on the WHOAZONE challenge course. Please make appropriate arrangements for these and otherpersonal items before entering the course. The Host is not responsible for lost or damaged personal items. • Absolutely no one is allowed to dive under the WHOAZONE to retrieve a lost item.

Indemnification and Release of Liability. In consideration of being allowed return for the EYHBC allowing me or my minor child(ren) to use the facilities and voluntarily participate in the Sports Park and other activities provided Programs offered by ERM-GRAPEVINEthe EYHBC, LLCI agree: • TO ASSUME AND ACCEPT ALL RISKS arising out of, d.b.aassociated with, or related to my or my minor child(ren)'s participation in the Programs, even though such risks may have been caused by the negligence of the EYHBC. WhoaZone at Grapevine (“WHOAZONE”• TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I, my minor child(ren), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows: I, the undersigned Participant, am using WHOAZONE equipment and my guests may sustain while participating in WHOAZONE activitiesthe Programs, includingeven though such injury, but not limited toloss or damage may have been caused by negligence of the EYHBC. • TO INDEMNIFY AND HOLD HARMLESS EYH and it's agents, the Wibit Sports Parkemployees, Stand Up Paddleboardsvolunteers and representatives from any and all claims, Kayaksdemands, Pedal Boatsactions, and other activities costs (collectivelyincluding attorney fees) which might arise out of my or my child(ren)'s participation in the Programs, even though such claims, demands, actions, and costs, may have been caused by the "Activities"), at my own risknegligence of the EYHBC. I understand and acknowledge agree that there are inherent risks involved with this Agreement will have the Activitieseffect of releasing, includingdischarging, but not limited to, bruises, scrapes, lacerations, xxxxx, sprains, fractured or broken bones, as well as other head/brain, xxxx, xxxx, back/spine injuries, including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases, including COVID-19. I amalso aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defectswaiving, and forever relinquishing any and all actions or causes of action that the Activities are conducted in an outdoor environment where insectsI may have or have had, small animalswhether past, etc. are present. I voluntarily assume these present or future, whether known or unknown, and any related risks inherent in whether anticipated or unanticipated by me, arising out of my or my minor child(ren)'s participation in the Activities Programs. This Release constitutes a complete release, discharge and waiver of any and all actions or causes of action against the EYHBC. I understand and agree that this Agreement applies to personal injury, property damage, or wrongful death which I, my minor child(ren), or my guests may suffer, even if caused by negligent acts or omissions of others. I understand and agree that by signing below. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUMEthis Agreement, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS. I further agree that I am personally liable and responsible for paying WHOAZONE assuming full responsibility for any and all risk of death or personal injury or property damage to WHOAZONE property that I may causesuffered by me, whether caused negligentlymy minor child(ren), recklessly or intentionally, my guests while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipment or loss of use of equipment, any claims for diminution in value of any WHOAZONE equipment, and/or the cost of repair or replacing any WHOAZONE equipment. I authorize WHOAZONE, at WHOAZONE’S discretion, to bill any such charges or costs directly tomy credit card or to my account without further notice to mePrograms. I understand and acknowledge agree that WHOAZONE and the Activities are self-guidedthis Agreement will be binding me, my spouse, my heirs, my personal representatives, my assigns, my children, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activitiesguardian ad litem for said children. I understand and agree that WHOAZONE Staff are available to answer any questions I may have regarding WHOAZONE equipment and/or proper use of such equipment. I further understand and acknowledge that by signing this Agreement, I am required agreeing to wear a WHOAZONE provided Coast Guard approved lifejacket at release, indemnify and hold the EYHBC harmless from any and all timeswhile using liability or participating in the Activities. If I am unwilling costs, including attorney's fees, associated with or unable to follow the safety rules arising from me or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that WHOAZONE, at WHOAZONE’S discretion, may immediately restrict my use of or minor child(ren)'s participation in the Activities and/or require meto leave the WHOAZONE premisesPrograms. I acknowledge do hereby fully release and forever discharge the EYHBC from any and all claims for injuries, damages or loss, that once I have completed the safety rules briefingI, no refunds will be made for WHOAZONE my child(ren), or the Activities. I also waive and release any claims I my guests may have related or which may accrue to the use of recorded media of me at WHOAZONE includingor my minor child/xxxx and arising out of, without limitationconnected with, any right to approve any photos, videos or audio recordings of me, any claims of privacy, violation of the right of publicity, defamation, copyright infringement and/or collection of any compensation (fees) for use of such recorded media. This Indemnification and Release shall be governed by the laws of the State of Texas. I agree that any Claims I may bring against WHOAZONE shall be submitted to the jurisdiction of the courts of Tarrant County, Texas and that no Claims against WHOAZONE shall be brought in any other jurisdiction. I also agree that if any part of this Indemnification and Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that WHOAZONE has made no warranties, expressed or implied, to me beyond those, if any, contained in this Indemnification and Release. I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS INDEMNIFICATION AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES, I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY. Signature of Participant: Date: Printed Name of Participant: IF PARTICIPANT IS A MINOR (Under 18): Parent or Guardian must ALSO sign. Parent/Guardian Signature: Date: Participant Address: City: State: Zip: Phone Number: Email: RULES AND REGULATIONS All participants who visit WHOAZONE must use common sense at our facility and use of way associated with the features that we provide for your enjoyment. If a participant has any questions, they should let the WHOAZONE staff know right away. In addition, all persons must follow the rules below when at WHOAZONE. • Each guest or an authorized guardian for children under 18 years of age must complete a WHOAZONE Release of Liability form before starting the course; PARENT/GUARDIAN SIGNING ABOVE ACCEPTS FULL RESPONSIBILITY FOR EXECUTING THIS WAIVER FOR THE SHOWN MINOR PARTICIPANT REGARDLESS OF HIS OR HER BEING A FAMILY MEMBER OF THE XXXXXX. • Guests must wear a USCG Personal Flotation Device (PFD) provided by WHOAZONE and keep it buckled and zipped at all time • Sharp objects (such as jewelry, hair pins, etcPrograms.) or other dangerous materials are not permitted • Tobacco and alcohol are not permitted anywhere in the park. • No refunds will be granted. • Anyone who appears to be under the influence of drugs or alcohol may not participate in the WHOAZONE • Pregnant women are prohibited from going on the WHOAZONE course • The Host reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required. • ERM – GRAPEVINE, LLC reserves the right to close the WHOAZONE without refund at any time due to inclementweather deemed unsafe for guests • Cell phones are prohibited on the WHOAZONE challenge course. Please make appropriate arrangements for these and otherpersonal items before entering the course. The Host is not responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the WHOAZONE to retrieve a lost item.

Indemnification and Release of Liability. In consideration of being allowed to use the facilities and participate in the Sports Park and other activities provided by ERM-GRAPEVINEXXXXXX, LLC, d.b.a. WhoaZone at Grapevine Xxxxxx Lake Park (“WHOAZONE”), the Participant and/or the Participant's parent or legal guardian if the Participant is a minor, do hereby agree as follows: I, the undersigned Participant, am using WHOAZONE equipment and participating in WHOAZONE activities, including, but not limited to, the Wibit Sports Park, Stand Up Paddleboards, Kayaks, Pedal Boats, and other activities (collectively, the "Activities"), at my own risk. I understand and acknowledge that there are inherent risks involved with the Activities, including, but not limited to, bruises, scrapes, lacerations, xxxxx, sprains, fractured or broken bones, as well as other head/brain, xxxx, xxxx, back/spine injuries, up to and including drowning and death and/or actual or alleged contracting of any communicable bacterial or viral based diseases, including COVID-19. I amalso am also aware that using or participating in the Activities requires physical exertion and such exertion on the body may reinjure or aggravate pre-existing physical injuries, conditions, or congenital defects, and that the Activities are conducted in an outdoor environment where insects, small animals, etc. are present. I voluntarily assume these risks by signing below and any related risks inherent in my participation participating in the Activities by signing belowActivities. IN FULL RECOGNITION OF THE INHERENT RISKS INVOLVED WITH THE ACTIVITIES, WHICH RISKS I VOLUNTARILY ASSUME, I HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE WHOAZONE, ITS MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS AND/OR OPERATORS (COLLECTIVELY, “WHOAZONE STAFF”), FROM ALL INJURIES, DAMAGES, CLAIMS, DEMANDS, AND/OR CAUSES OF ACTION (COLLECTIVELY, “CLAIMS”), FOR ANY LOSS, DAMAGE, ILLNESS OR INJURY, INCLUDING DROWNING AND DEATH, WHETHER SUSTAINED BY MYSELF, A MEMBER OF MY FAMILY OR MY PROPERTY HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, FAULT OR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE, WILLFUL/WANTON OR INTENTIONAL CONDUCT, OR ILLEGAL ACTS) BY WHOAZONE AND/OR WHOAZONE STAFF IN CONNECTION, DIRECTLY OR INDIRECTLY, WITH THE ACTIVITIES. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING UPON ME, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND/OR ASSIGNS. I further agree that I am personally liable and responsible for paying WHOAZONE for any and all damage to WHOAZONE property that I may cause, whether caused negligently, recklessly or intentionally, while using or participating in the Activities, including, but not limited to, damage to any WHOAZONE equipment or other WHOAZONE property, any loss of WHOAZONE equipment or loss of use of equipment, any claims for diminution in value of any WHOAZONE equipment, and/or the cost of repair or replacing any WHOAZONE equipment. I authorize WHOAZONE, at WHOAZONE’S discretion, to bill any such charges or costs directly tomy to my credit card or to my account without further notice to me. I understand and acknowledge that WHOAZONE and the Activities are self-guided, and that I am required to attend a mandatory safety rules briefing prior to using or participating in any of the Activities. I understand that WHOAZONE Staff are available to answer any questions I may have regarding WHOAZONE equipment and/or proper use of such equipment. I further understand and acknowledge that I am required to wear a WHOAZONE provided Coast Guard approved lifejacket at all timeswhile times while using or participating in the Activities. If I am unwilling or unable to follow the safety rules or wear a lifejacket while using or participating in the Activities, I understand and acknowledge that WHOAZONE, at WHOAZONE’S discretion, may immediately restrict my use of or participation in the Activities and/or require meto me to leave the WHOAZONE premises. I acknowledge that once I have completed the safety rules briefing, no refunds will be made for WHOAZONE or the Activities. I also waive and release any claims I may have related to the use of recorded media of me at WHOAZONE including, without limitation, any right to approve any photos, videos or audio recordings of me, any claims of privacy, violation of the right of publicity, defamation, copyright infringement and/or collection of any compensation (fees) for use of such recorded media. This Indemnification and Release shall be governed by the laws of the State of TexasOhio. I agree that any Claims I may bring against WHOAZONE shall be submitted to the jurisdiction of the courts of Tarrant Xxxxxxx County, Texas Ohio and that no Claims against WHOAZONE shall be brought in any other jurisdiction. I also agree that if any part of this Indemnification and Release is deemed unenforceable, all remaining parts shall remain in full force and effect. I agree that WHOAZONE has made no warranties, expressed or implied, to me beyond those, if any, contained in this Indemnification and Release. I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND UNDERSTAND THIS INDEMNIFICATION AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS RELEASE AND USING OR PARTICIPATING IN THE ACTIVITIES, ACTIVITIES THAT I HAVE WAIVED AND SURRENDERED CERTAIN LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY. Signature of Participant: Date: Printed Name of Participant: IF PARTICIPANT IS A MINOR (Under 18): Parent or Guardian must ALSO sign. Parent/Guardian Signature: Date: Participant Address: City: State: Zip: Phone Number: Email: RULES AND REGULATIONS All participants who visit WHOAZONE must use common sense at our facility and use of encountering the features that we provide have provided for your enjoyment. If a participant has any questions, they should let the WHOAZONE staff know right away. In addition, all persons must follow the these rules below when at WHOAZONE. WHOAZONE • Each guest or an authorized guardian for children under 18 years of age must complete a WHOAZONE Release of Liability form before starting the course; PARENT/GUARDIAN SIGNING ABOVE ACCEPTS FULL RESPONSIBILITY FOR EXECUTING THIS WAIVER FOR THE SHOWN MINOR PARTICIPANT REGARDLESS OF HIS OR HER BEING A FAMILY MEMBER OF THE XXXXXX. course • Guests must wear a USCG Personal Flotation Device (PFD) provided by WHOAZONE and keep it buckled and zipped at all time • Sharp objects (such as jewelry, hair pins, etc.) or other dangerous materials are not permitted • Tobacco and alcohol are not permitted anywhere in the park. • No refunds will be granted. • Anyone who appears to be under the influence of drugs or alcohol may not participate in the WHOAZONE • Pregnant women are prohibited from going on the WHOAZONE course • The Host reserves the right to remove anyone who disregards the safety rules. There will be no refunds if such action is required. • ERM – GRAPEVINEXxxxxx, LLC reserves the right to close the WHOAZONE without refund at any time due to inclementweather deemed unsafe for guests • Cell phones are prohibited on the WHOAZONE challenge courseWHOAZONE. Please make appropriate arrangements for these and otherpersonal other personal items before entering the course. The Host is may not be held responsible for lost or damaged personal items. Absolutely no one is allowed to dive under the WHOAZONE to retrieve a lost item.