PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

I have voluntarily elected ___; and/or I have voluntarily elected to allow the minor child(ren) (“Child”) identified below ___: to use DINOSAUR ONE, LLC d/b/a DINOSAUR OUTPOST (“Dinosaur Outpost”), located at 6560 South Las Vegas Boulevard, Suite 173, Las Vegas, NV 89119. In consideration for being allowed to use, or observe others using, said facilities and equipment, and any other services provided by Dinosaur Outpost its employees, or agents (Dinosaur Outpost Attractions), I represent, acknowledge, and agree as follows:

General Release

I acknowledge and agree that this Participant Waiver, Release, Assumption of Risk and Indemnification Agreement (the “Agreement”) covers and is intended to release and provide other benefits, legal protections, and consideration to Dinosaur Outpost, and their agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on their respective or collective behalf (“Releasees”).

Release of Potential Injuries for Mini-Pedal Bikes

I acknowledge and agree that Dinosaur Outpost Attractions include mini-pedal bikes and agree that the participation and observation of this activity is potentially dangerous. These risks include serious physical or emotional injury, paralysis, death, cardiovascular distress, or damage to myself, the Child, and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activity and cannot just be removed without substantially changing the activity. I further agree that this activity is for recreational purposes and completely voluntary. I also agree to use Dinosaur Outpost Attractions and its facilities in a safe and responsible manner and follow all posted rules including, but not limited to, wearing closed toe shoes, containing hair, recommended height and weight guidelines, etc.

Release of Potential Injuries for Additional Attractions

I acknowledge that Dinosaur Outpost Attractions will involve activities to include a dinosaur photo opportunity, soft play area, interactive games, realistic and interactive animatronics that may cause young children to be afraid, and additional attractions. I agree that the use of these attractions, or observation of others using these attractions has inherent and potential dangers. These risks could include serious physical or emotional injury, paralysis, death, damage to me, the Child, and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activities and cannot just be removed without substantially changing the activity. I further agree that these activities are for recreational purposes and completely voluntary. I also agree to use Dinosaur Outpost Attractions in a safe and responsible manner and follow all posted rules including, but not limited to, recommended height and weight guidelines.

Release of Potential Infection of Disease and Viruses

I acknowledge that Dinosaur Outpost is a public location with many guests and employees who utilize the space on a daily basis. I further recognize that while Dinosaur Outpost practices appropriate and reasonable cleaning practices, I could still potentially get infected with a disease or virus, including, but not limited to COVID[1]19, through my participation in, or observation of others participating in, Dinosaur Outpost Attractions. I fully release Releasees from any claim against them regarding the contraction of a disease or virus for myself or the Child.

Attire

I understand that certain areas of Dinosaur Outpost are sock only, and that shoes are not allowed in any of the active soft play areas. Having socks on is necessary to maintain the health and safety standards, along with creating a safer experience for my Child and/or me, as the client. Dinosaur Outpost understands that certain medical conditions can prevent my Child and/or me and/or other participants from having only socks in the active play areas. I understand that if my Child and/or I have such a medical condition that may require shoes or an assistive device in the active play areas, Dinosaur Outpost will do all that it can to make a reasonable accommodation as is directed under the Americans with Disabilities Act. That being said, I understand that accommodations can only be made if the facility is made aware of my Child’s and/or my needs. I further understand that some accommodations would be unreasonable and may not be made.

Further, I understand that Dinosaur Outpost involves physical activity and that it is my responsibility to wear the appropriate attire. Dinosaur Outpost suggestions include, but are not limited to, the following: socks in the soft play areas, attire that will not confine my/Child’s movements or snag on my/Child’s surroundings, and a hairstyle that will not inhibit my/Child’s vision or get caught in my/Child’s surroundings. These precautions are necessary to maintain the health and safety standards, along with creating a safer experience for me and/or the Child, as the client. Dinosaur Outpost understands that certain medical conditions, religious beliefs, or other considerations, can prevent me, the Child, and/or other participants meeting these attire guidelines. I understand that if me and/or the Child have such considerations, Dinosaur Outpost will do all that it can to make a reasonable accommodation as is directed under the Americans with Disabilities Act and/or other relevant laws. That being said, I understand that accommodations can only be made if Dinosaur Outpost, its staff, employees, agents, owners, officers, managers, volunteers, participants, assigns, and all other persons or entities acting in any capacity on their respective or collective behalf are made aware of mine and/or the Child’s needs. I further understand that some accommodation would be unreasonable and may not be made.

Voluntary Assumption of Risk

I acknowledge and agree that I/the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Dinosaur Outpost employees could cause me or the Child significant bodily injury (as described within), and that Dinosaur Outpost is not responsible for the actions or activities of customers using Dinosaur Outpost Attractions or the negligence of its employees in supervising Dinosaur Outpost Attractions, including actions, activities, or omissions that result in such harm. I specifically acknowledge and assume the risk that participants may:

1.) Suffer cuts, scrapes, bumps, bruises, or sprain, pull break or otherwise seriously externally or internally injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body part as a result of falling off any Dinosaur Outpost Attraction, landing improperly on equipment, or making contact with other participants;

2.) Die or become paralyzed, partially or fully, through their use of Dinosaur Outpost facility and participation in Dinosaur Outpost Attractions;

3.) Suffer from the transmission of disease strains and allergic reactions or suffer heat stroke, heart attacks, dehydration and other exertion-related medical events through use of Dinosaur Outpost Facility or Dinosaur Outpost Attractions;

4.) Suffer from serious injuries due to unpredictable body movements and anticipated or unanticipated bodily contact caused by running, spinning, climbing, cycling, or digging;

5.) Suffer from similar physical injury from observing, standing, sitting, or taking photographs at or near any of Dinosaur Outpost Attractions, even if the observer is not participating; or

6.) Suffer from injuries caused by cardiovascular distress, overexertion, emotional distress, or other injuries caused by myself or the Child exerting energy to participate in the activities.

Agreement to Pay My Own Medical Expenses

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury or illness that I or the Child might sustain as a result of using Dinosaur Outpost Attractions. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, outpatient care, and/or physical/occupational therapy) is required or performed as a result of any injury I or the Child sustains while using Dinosaur Outpost Attractions, such assistance shall be at my own expense.

Arbitration

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN CLARK COUNTY, NEVADA BEFORE ONE ARBITRATOR. JUDGEMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. The Arbitration shall be in accordance with the JAMS Rules of Arbitration, which can be found online at jamsadr.com. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the Child, to maintain a lawsuit against Releasees. Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Child, and Dinosaur Outpost will NOT have the right to have claim(s) determined by a jury.

Time Limit to Bring Claim(s)

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE (1) YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury).

Photo/Video/Social Media Wavier

In connection with my and the Child’s use of Dinosaur Outpost Facility and Dinosaur Outpost Attractions, I consent to the recording of the Child’s and/or my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”). I hereby consent to and authorize Dinosaur Outpost and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Dinosaur Outpost Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims that I or the Child may have in connection with the Recordings.

PARENT OR GUARDIAN CONSENT

I HAVE READ AND VOLUNTARILY SIGNED THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, FOR MYSELF AND THE MINOR(S) IDENTIFIED BELOW. I AGREE TO OBSERVE AND FOLLOW THE RULES POSTED BY DINOSAUR OUTPOST. I HEREBY AFFIRM THAT I AM THE PARENT, LEGAL GUARDIAN OR WARD OF THE MINOR(S) LISTED BELOW.

All such terms, statements, warranties, notices representations, waivers, and releases fully apply to my child, ward or guardian as if I was the participant. I understand that, by signing this Parent or Guardian Consent, I am giving up important legal rights both on behalf of myself and the Child, regarding potential rights and claims against Dinosaur Outpost. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I hereby warrant and represent that if I am neither the Child’s Parent nor legal Guardian, I have been granted the expressed authority to execute this Agreement by, and on behalf of, the Child’s Parent or Guardian

PARENT OR GUARDIAN INDEMNIFICATION

AS THE INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF A MINOR OR OTHER INDIVIDUAL, I AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS RELEASEES, FOR ANY AND ALL CLAIMS CONNECTED WITH, ARISING OUT OF, OR RESULTING FROM THE INDIVIDUAL OR THE CHILD’S USE OF DINOSAUR OUTPOST FACILITY OR ATTRACTIONS. I FURTHER AFFIRM THAT I AM OVER THE AGE OF EIGHTEEN (18).

BY SIGNING THIS DOCUMENT, I REPRESENT THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS, CAUSES OF ACTION FOR MY OR THE CHILD’S LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, WHETHER OR NOT KNOWN OR ANTICIPATED, THAT OCCUR WHILE ON THE PREMISES OF DINOSAUR OUTPOST. I FURTHER UNDERSTAND AND AGREE TO INDEMNIFY RELEASEES FOR ANY LIABILITY FOR ANY INJURY, DAMAGE OR LOSSES OF ANY KIND CAUSED BY MY NEGLIGENT OR INTENTIONAL ACTS WHILE ON THE PREMISES OF DINOSAUR OUTPOST. THE SIGNATURE BELOW IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER, RELEASE, AND INDEMNIFICATION OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.