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

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY

AGREEMENT

This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement

(“Agreement”) is made and entered into by the undersigned in favor of PUTT-PUTT OF MODESTO,

INC. dba “Funworks!”, its officers, directors, employees, agents, successors, and assigns

(“FUNWORKS”).

On behalf of myself, all minor children named below and our personal representatives, heirs,

next-of-kin, spouses and assigns, by purchasing an admission ticket(s), pass(es), or entering the facility

of FUNWORKS and in consideration thereof, and in consideration for being able to enter the facility of

FUNWORKS, visit and/or participate in attractions, transportation, and activities at the facility of

FUNWORKS, I agree, understand and acknowledge, on my own behalf, on behalf of all minor children

named below and on behalf of any individual who uses a ticket, pass or reservation purchased and/or

made by me, as follows:

I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the

World Health Organization and any strains, variants, or mutations thereof) and SARA-CoV-2 (the virus

that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious

disease, exists in any public place where people are present. “Communicable disease” means any

disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can spread,

directly or indirectly, from one person to another. “Infectious disease” means any disease or illness

caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and

can cause infection. COVID-19 is an extremely contagious communicable disease that can lease to

sever illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of

exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”),

older adults (people 65 years and older) and people of any age who have underlying medical conditions

might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of

exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will

expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness

myself. By vising and/or participating in attractions, transportation, and activities at FUNWORKS, I

agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other

communicable or infectious disease, including illness, injury or death of myself or others, and including

without limitation, all risks on the sole, joint, active or passive negligence of any of the Released Parties,

named below. I acknowledge that my visit and participation are entirely voluntary.

Waiver – COVID-19

On behalf of myself, all minor children named below and our personal representatives, heirs,

next-of-kin, spouses and assigns, I agree to forever waive, covenant not to sue, release, and discharge

the Released Parties, named below, from any and all liability claims, causes of action, damages, costs, or

expenses of every kind, including all claims and causes of action based on the sole, joint, active or

passive negligence of any of the Released Parties, arising out of or in any way related to exposure to

COVID-19 and any other communicable or infectious disease during my visit to and/or participation in

Release of Liability and Assumption of Risk

Page 1 of 5attractions, transportation and activities at FUNWORKS. This waiver of liability and assumption of risk

set forth above is intended to be as broad and inclusive as is permitted by law.

WARNING: PHYSICALLY DEMANDING RIDES, SLIPPERY SURFACES, POOLS AND

STREAMS OF WATER ARE INHERENT RISKS WITHIN SOME FUNWORKS ATTRACTIONS.

PLEASE STAY ALERT AND AWARE OF YOUR SURROUNDINGS AND ABIDE BY ALL

FUNWORKS ATTRACTION RULES AND REQUIREMENTS INCLUDING BUT NOT LIMITED

TO THOSE POSTED WITHIN THE PREMISES OF FUNWORKS.

On behalf of myself, all minor children named below and our personal representatives, heirs,

next-of-kin, spouses and assigns, I hereby assume all risk incidental to waterparks, water rides,

amusement parks, amusement park rides and all FUNWORKS attractions, whether occurring prior to,

during or after the event, and agree that FUNWORKS and its affiliates, and its and their respective

owners, operators, employees, members and/or agents (“FUNWORKS STAFF”) shall not be liable for

property damage, bodily and/or severe injury, and/or death resulting from such causes. By purchasing

an admission ticket(s), pass(es), or entering the facility of FUNWORKS, I, on behalf of myself, all

minor children named below and our personal representatives, heirs, next-of-kin, spouses and assigns,

agree not to file any claim or lawsuit against FUNWORKS STAFF for property damage, personal injury

or death.

I AM AWARE AND UNDERSTAND THAT ANY AND ALL ACTIVITIES AT THE

FACILITY OF FUNWORKS ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF

PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR

PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I

ACKNOWLEDGE THAT ANY INJURIES THAT I OR MY MINOR CHILD(REN) SUSTAINS MAY

RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF

FUNWORKS STAFF, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE

OPERATIONS OF FUNWORKS STAFF. NOTWITHSTANDING THE RISK, I

ACKNOWLEDGE THAT I AND MY MINOR CHILD(REN) ARE KNOWINGLY AND

VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS

UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT

AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY

DAMAGE ARISING FROM PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED

BY THE ORDINARY NEGLIGENCE OF THE FUNWORKS STAFF OR OTHERWISE.

Release and Waiver of Liability - Attractions

I hereby expressly waive and release any and all claims which I or my minor child(ren) may

have, or which I or my minor child(ren) may hereafter have, whether known or unknown, against

FUNWORKS and FUNWORKS STAFF (collectively, "Releasees"), on account of injury, disability,

death, or property damage arising out of or attributable to participation in in any and all activities on the

facility of FUNWORKS, whether arising out of the ordinary negligence of FUNWORKS or any

Releasees or otherwise. I covenant not to make or bring any such claim against FUNWORKS or any

other Releasees on my behalf of myself, my spouse, my heirs, successors, assigns and my minor

child(ren), and forever release and discharge FUNWORKS and all other Releasees from liability under

Release of Liability and Assumption of Risk

Page 2 of 5such claims. This waiver and release does not extend to claims for intentional or reckless misconduct, or

any other liabilities that California law does not permit to be Released by agreement.

I understand that by signing this Agreement, I am waiving any and all claims, of any kind arising

out of or attributable to any and all activities at the facility of FUNWORKS, including those claims that

may be unknown to me, or which I do not suspect to exist at this time on behalf of myself, my spouse,

my heirs, successors, assigns and my minor child(ren). WITH THE INTENTION OF WAIVING

ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL

RIGHTS, BENEFITS, AND PROTECTIONS I OR PARTICIPANT MAY HAVE UNDER

CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does

not know or suspect to exist in his or her favor at the time of executing the Agreement and

that, if known by him or her, would have materially affected his or her settlement with the

debtor or released party.

Indemnification

I agree to defend, indemnify, and hold harmless FUNWORKS and all other Releasees against

any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest,

awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of

enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance

providers, incurred by/awarded against FUNWORKS or any other Releasees arising out of or resulting

from any claim of a third party related to participation in any and all activities on the facility of

FUNWORKS, including any claims arising out of my own negligence or the ordinary negligence of

FUNWORKS.

Released Parties

The Released Parties are: PUTT-PUTT OF MODESTO, INC. dba “Funworks!”, Funworks, and

their respective parents, subsidiary and other affiliated or related companies, and all officers, directors,

employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors,

assigns, insurers, and volunteers of each of the foregoing entities.

I HEREBY AGREE ON BEHALF OF MYSELF AND MY MINOR CHILD(REN) THAT ANY

DISPUTE BETWEEN MYSELF AND/OR MY MINOR CHILD(REN) AND FUNWORKS OR

FUNWORKS STAFF ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION

TO THIS AGREEMENT MUST BE SUBMITTED TO (1) MEDIATION TO BE ADMINISTERED

BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION

PROCEDURES AND THEN (2) BINDING ARBITRATION TO BE ADMINISTERED THROUGH

THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION

PROCEDURES IF MEDIATION IS NOT SUCCESSFUL. In the event of a dispute, controversy, or

claim arising out of or relating in any way to this Agreement or the use of FUNWORKS attractions or

facilities, the complaining party shall notify the other part in writing. The demand for mediation and/or

arbitration must be made within a reasonable time after the claim, dispute, or other matter in question

has arisen, and in no event will it be made after one year from when the aggrieved party knew or shouldRelease of Liability and Assumption of Risk

Page 3 of 5have known of the claim, controversy, dispute, or breach. The arbitration will be conducted in the same

county as the FUNWORKS facility at which the controversy occurred and the laws of the state in which

the FUNWORKS facility is located shall govern. Except as required by law, neither a party nor its

representatives may disclose the existence, content, or result of any arbitration hereunder without prior

written consent of all parties. Each party shall pay its own attorneys’ fees and costs and a proportionate

share of the arbitrator fees and expenses.

I ON BEHALF OF MYSELF AND MY MINOR CHILD(REN) IRREVOCABLY WAIVE

ANY RIGHT TO A JURY TRIAL.

Photo Release

By entering the premises of FUNWORKS, on behalf of myself and my minor child(ren), I

hereby grant to FUNWORKS the irrevocable right and permission to photograph and/or record us while

on the premises of FUNWORKS and to use the photograph and/or recording for all purposes, including

without limitation, advertising and promotional purposes and other commercial purposes, in any manner

and all media now or hereafter known, in perpetuity throughout the world, without restriction as to

alteration. I on behalf of myself and my minor children, waive any right to inspect or approve the use of

the photograph and/or recording, and acknowledge and agree that the rights granted by this Agreement

are without compensation of any kind.

I understand that this Agreement extends forever into the future and will have full force and legal

effect each and every time I or my minor child(ren) visit the premises of FUNWORKS, including any of

its subsidiary or affiliates locations or facilities. I agree that this Agreement is intended to be as broad

and inclusive as is permitted by the laws of the state of California and that if any portion thereof is held

invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

General Provisions

This Agreement constitutes the sole and entire agreement between FUNWORKS and myself and

my minor child(ren) with respect to the subject matter contained herein and supersedes all prior and

contemporaneous understandings, agreements, representations, and warranties, both written and oral,

with respect to such subject matter. If any term or provision of this Agreement is held invalid, illegal, or

unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other

term or provision of this Agreement or invalidate or render unenforceable such term or provision in any

other jurisdiction. This Agreement is binding on and shall inure to the benefit of FUNWORKS and me

and our respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement

shall be governed by and construed in accordance with the internal laws of the State of California

without giving effect to any choice or conflict of law provision or rule (whether of the State of

California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be

brought only in the federal and state courts located in Stanislaus, California and I hereby consent to the

exclusive jurisdiction of such courts.

Release of Liability and Assumption of Risk

Page 4 of 5I HAVE READ THIS AGREEMENT AND WAIVER OF LIABILITY, ASSUMPTION OF RISK

AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND

VOLUNTARILY.

IF MINOR: I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR CHILD(REN)

NAMED BELOW. I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY SIGNING

BELOW, I HEREBY CONSENT AND AGREE TO THE TERMS AND CONDITIONS OF THIS

AGREEMENT OF LIABILITY AND ASSUMPTION OF RISK. BY SIGNING BELOW, I

ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS

OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL

LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FUNWORKS FOR CLAIMS,

WHETHER KNOWN OR UNKNOWN, ARISING OUT OF PARTICIPATION IN THE

ACTIVITIES ON BEHALF OF MYSELF, MY SPOUSE, MY HEIRS, SUCCESSORS, ASSIGNS

AND PARTICIPANT. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT,

I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS

AGREEMENT. I CERTIFY THAT I HAVE LEGAL RESPONSIBILITY FOR THE

PARTICIPANT, I HAVE LEGAL AUTHORITY TO BIND THE MINOR CHILD(REN) TO

THIS AGREEMENT AND HAVE EXPLAINED THE PROVISIONS OF THIS AGREEMENT

TO THE MINOR CHILD(REN).