RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

1. Parties and definitions

“Producer” means Houston Family Fun LLC and its parents, subsidiaries, affiliates, members, managers, officers, employees, agents, contractors, subcontractors, vendors, volunteers, ride operators, insurers, successors, and assigns.

“Venue Parties” means Houston Discovery Green, the owner and operator of the premises, and each of their respective parents, affiliates, officers, directors, employees, agents, contractors, and assigns.

“Released Parties” means the Producer and the Venue Parties, collectively and individually.

“Activities” means entry to and presence at the Houston Pumpkin Festival and the use of any attraction, ride, equipment, or amenity located there.

“Holder,” “you,” and “your” mean the person accepting this Agreement and, where that person is accepting on behalf of a minor, that minor.

2. Voluntary participation and assumption of risk

You understand that the Activities involve inherent risks of property damage, bodily injury, illness, permanent disability, paralysis, and death, and that these risks cannot be eliminated regardless of the care taken. You voluntarily choose to participate with knowledge of these risks and you assume all of them, whether known or unknown, foreseen or unforeseen.

Without limiting the foregoing, you specifically acknowledge and assume the risks associated with:

• Slides, including falls, collisions, friction injuries, and injuries on landing
• A carousel and other mechanical amusement rides, including falls from or collisions with moving parts, sudden starts and stops, and mechanical failure
• Bouncy and inflatable attractions, including collisions with other participants, falls, and entrapment
• A corn pit or corn play area, including entrapment, submersion, eye and respiratory irritation from dust and debris, and hidden objects
• Cruiser boats and bumper boats and the surrounding water, including capsizing, collision, entrapment, immersion, drowning, and near drowning
• Water hazards generally, including the presence of open water at the Venue
• Uneven, wet, muddy, or obstructed ground, hay, straw, mulch, gravel, ramps, steps, and temporary structures
• Weather, including heat, sun exposure, lightning, wind, and rain
• Crowds, lines, congestion, and the conduct of other guests
• Live animals, if present
• Food and beverage, including allergens and cross contamination
• Lighting conditions, noise, special effects, and equipment
• Loss of, theft of, or damage to personal property
• Delays in, or unavailability of, emergency medical care

3. Compliance and physical condition

You represent that you and any minor in your care are physically and mentally able to participate, and that you will comply with all posted rules, height and weight restrictions, safety instructions, and staff directions. You will not participate while impaired by alcohol, drugs, or medication. You acknowledge that some attractions are unsuitable for certain guests and that it is your responsibility, not the Producer’s, to decide whether to participate.

You agree to wear a personal flotation device where required and to supervise minors at all times, including in and around water attractions.

4. Release of liability

IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, ILLNESS, OR DEATH SUSTAINED BY YOU OR TO ANY PROPERTY BELONGING TO YOU, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, WHILE PARTICIPATING IN THE ACTIVITIES OR WHILE ON THE PREMISES WHERE THE ACTIVITIES ARE BEING CONDUCTED.

YOU SPECIFICALLY UNDERSTAND AND AGREE THAT THIS RELEASE APPLIES TO CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING NEGLIGENT SUPERVISION, NEGLIGENT MAINTENANCE, NEGLIGENT INSPECTION, NEGLIGENT HIRING, NEGLIGENT TRAINING, AND NEGLIGENT DESIGN OR SETUP OF ANY ATTRACTION.

This release does not apply to conduct that a court of competent jurisdiction determines to be gross negligence, willful misconduct, or intentional wrongdoing, or to any liability that cannot lawfully be released.

5. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from any claim, loss, liability, damage, or cost, including reasonable attorneys’ fees, arising out of or related to your participation in the Activities, the participation of any minor in your care, or your breach of this Agreement, including claims brought by or on behalf of any minor in your care.

6. Minors

If you are accepting this Agreement on behalf of a minor, you represent that you are the parent or legal guardian of that minor and that you have full authority to do so. You accept this Agreement both individually and on behalf of that minor.

You acknowledge that you are responsible for supervising that minor at all times and for determining which attractions are appropriate for that minor. You release the Released Parties from your own claims arising from injury to that minor, including claims for medical expenses, loss of consortium, bystander recovery, and mental anguish, and you agree to indemnify the Released Parties as set out in Section 5 with respect to any claim brought on that minor’s behalf.

You consent to emergency medical treatment for yourself and any minor in your care, and you agree to be financially responsible for the cost of that treatment.

7. Entry is a revocable license

Your ticket and admission are a revocable license to enter and remain at the Festival, subject to all posted and published policies. The Producer may revoke it and remove you from the premises without refund, in its sole discretion, if the Producer determines that you have failed to comply with Festival policies, present a safety risk to yourself or others, have violated any Venue rule or any law, or have engaged in conduct that could bring the Producer, the Festival, or the Venue into disrepute.

You consent to search of your person and belongings as a condition of entry. Tickets and admissions may not be resold, transferred for profit, or duplicated, and any attempt to do so voids them.

8. Media release

You grant the Producer and the Venue Parties the irrevocable right to photograph, film, and record you and any minor in your care at the Festival, and to use, reproduce, and distribute those images, recordings, likenesses, and voices in any medium, worldwide, in perpetuity, for any purpose including advertising and promotion, without compensation, notice, or further approval.

9. Binding arbitration, class action waiver, and jury trial waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS HOW YOU CAN BRING A CLAIM AGAINST US.

Any dispute, claim, or controversy arising out of or relating to this Agreement or to the Activities, including any claim of personal injury, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The seat of arbitration shall be Harris County, Texas. This arbitration agreement is governed by the Federal Arbitration Act.

YOU AND THE RELEASED PARTIES EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

If you are accepting on behalf of a minor, this Section applies to that minor’s claims as well.

Opt out. You may opt out of this arbitration agreement by sending written notice to Houston Family Fun LLC, 2401 E 6th St, Suite 3037 #133, Austin, TX 78702, or by email to thehoustonfamilyfun@gmail.com, within thirty days of accepting this Agreement, stating your name, the date of your visit, and your intent to opt out. Opting out does not affect any other provision of this Agreement.

10. Governing law and venue

This Agreement is governed by the laws of the State of Texas without regard to its conflict of laws rules. To the extent any claim is not subject to arbitration, exclusive venue lies in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction there.

11. Electronic acceptance

You agree that accepting this Agreement electronically, including by checking a box, tapping an on-screen button, or signing on a payment terminal, constitutes your signature and has the same legal effect as a handwritten signature under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act.

12. Severability and entire agreement

If any provision of this Agreement is held invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary and the remainder shall remain in full force and effect. This Agreement, together with the Terms of Sale and Conditions of Entry, is the entire agreement between you and the Released Parties regarding the Activities, and supersedes any prior or contemporaneous understanding.

13. Acknowledgment

YOU HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS INCLUDING THE RIGHT TO SUE, AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.