PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK,

AND INDEMNIFICATION AGREEMENT

This Participant Waiver, Release, Assumption of Risk, and Indemnification Agreement (“Agreement”) is entered into by the undersigned (“Adult Participant”) on behalf of myself and others identified below (“Other Participants”), whether as their parent, legal guardian, representative, or otherwise, in favor of AUSTIN’S FEC LLC, DBA AUSTIN’S, AUSTIN’S PARK, and AUSTIN’S PARK N PIZZA, along with AEC BEVERAGE INC., who is the owner and operator of AUSTIN’S FEC LLC (referred to herein as “AUSTIN’S”). Other Participant(s) shall mean the children or other person(s) identified below. Collectively and severally, Adult Participant and Other Participant(s), their representatives, executors, estate, heirs, successors, and assigns are referred to as Participant(s). In consideration of AUSTIN’S permitting Participant(s) to enter the Premises and participate in and/or observe Activities, located at 16231 N. Interstate Hwy 35, Pflugerville, TX 78660 (“Premises”), Adult Participant agrees as follows on behalf of himself or herself and Other Participant(s) identified below:

General Release: I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to AUSTIN’S, and their agents, owners, officers, directors, managers, shareholders, members, affiliates, volunteers, participants, employees, assigns, individual members, managers, agents, employees, volunteers, representatives, servants, predecessors, successors, and all other persons or entities acting in any capacity on their respective or collective behalf ("Releasees").

Release of Potential Injuries for Rockwall and Climbing Activities: I acknowledge and agree that AUSTIN’S Attractions include Rockwall and other climbing-based activities. I agree that participation in and observation of climbing activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, which includes, but is not limited to, slipping and falling, collisions with fixed objects and/or other people, sprains, fractures, breaks, scrapes, bruises, dislocations, paralysis, death, and injuries to the head, back, and neck, and/or general damage to myself, Other Participant(s) in our party, and/or third parties, and may include damage to personal property of any or all such persons, even as an observer not participating. I understand that these risks are inherent in the essential qualities of climbing activities and cannot be removed without substantially changing the activity. I further agree that this activity is for recreational purposes and completely voluntary. I also agree that I, or Other Participant(s) listed below, will abide by all instructions provided and will participate in a safe and responsible manner.

Release of Potential Injuries for Thrill and Mechanical Ride Attractions: I acknowledge and agree that AUSTIN’S Attractions include thrill and mechanical ride attractions, including the Barreling Rapids Roller Coaster, Tower Drop, Flyin' Pirates, Double Decker Carousel, Crazy Cups, and Fiesta Express, and any other ride attractions offered at the Premises from time to time. I agree that participation in and observation of these attractions is inherently and obviously dangerous. These risks include serious physical or emotional injury, which includes, but is not limited to, whiplash, blunt trauma, head and neck injuries, spinal injuries, falls or ejection from equipment, mechanical failure, sudden acceleration or deceleration, paralysis, death, and/or general damage to myself, Other Participant(s) in our party, and/or third parties, and may include damage to personal property of any or all such persons, even as an observer not participating. I acknowledge that ride attractions involve mechanical equipment that may malfunction, move without warning, or cause sudden jarring movement, and I assume all risks associated therewith. I further agree that these activities are for recreational purposes and completely voluntary, and I agree to follow all posted height, weight, and health restrictions and any instructions from AUSTIN’S employees at all times.

Release of Potential Injuries for Water Attractions: I acknowledge and agree that AUSTIN’S Attractions include water-based attractions, including Bumper Boats and any other water-based activities offered at the Premises from time to time. I agree that participation in and observation of water attractions is inherently and obviously dangerous. These risks include serious physical or emotional injury, including but not limited to drowning or near-drowning, slipping and falling on wet surfaces, collision with other watercraft or fixed objects, exposure to water-borne pathogens, blunt trauma, paralysis, death, and/or general damage to myself, Other Participant(s) in our party, and/or third parties, and may include damage to personal property including but not limited to electronic devices, clothing, and personal belongings. I acknowledge that I participate in water attractions at my own risk, including the risk of getting wet, even as an observer not participating. I further agree that these activities are for recreational purposes and completely voluntary, and I agree to follow all posted rules and instructions from AUSTIN’S employees.

Release of Potential Injuries for Go-Karts and Driving Attractions: I acknowledge and agree that AUSTIN’S Attractions include Go-Karts and any other motorized or driving-based attractions offered at the Premises from time to time. I agree that participation in and observation of Go-Karts and similar driving attractions is inherently and obviously dangerous. These risks include serious physical or emotional injury, which includes, but is not limited to, collisions between karts or with fixed structures, whiplash, blunt trauma, head and neck injuries, spinal injuries, burns from exhaust or mechanical components, mechanical failure, paralysis, death, and/or general damage to myself, Other Participant(s) in our party, and/or third parties, and may include damage to personal property of any or all such persons, even as an observer not participating. I acknowledge that driving attractions involve motorized vehicles operating in close proximity to other participants and fixed objects, and I assume all risks associated therewith. I further agree that I will follow all posted rules, speed limits, and instructions from AUSTIN’S employees, and that reckless or unsafe operation may result in immediate revocation of my right to use AUSTIN’S facilities without any right to refund.

Release of Potential Injuries for Batting Cages: I acknowledge and agree that AUSTIN’S Attractions include Batting Cages and any other batting or ball-sport attractions offered at the Premises from time to time. I agree that participation in and observation of batting cage activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, which includes, but is not limited to, being struck by a pitched or batted ball, being struck by a bat, slipping or falling on the batting surface, eye injuries, head injuries, dental injuries, blunt trauma, paralysis, death, and/or general damage to myself, Other Participant(s) in our party, and/or third parties, and may include damage to personal property of any or all such persons, even as an observer not participating. I understand that these risks are inherent in the essential qualities of batting cage activities and cannot be removed without substantially changing the activity. I further agree to use all recommended protective equipment, including helmets, and to follow all posted rules and instructions from AUSTIN’S employees.

Release of Potential Injuries for Entertainment, Lounge, and Additional Attractions: I acknowledge that AUSTIN’S Attractions also include the Claw Lounge, Bowling, Laser Tag, Arcade, XD Theater, Prize Store, Putt Vegas, REVL, Billiards, Darts, and any other entertainment or lounge-style activities offered at the Premises from time to time. I agree that the use of these attractions, or observation of others using these attractions, has inherent and obvious dangers. These risks include serious physical or emotional injury, including but not limited to slipping and falling, collisions with equipment or other participants, repetitive motion injuries, eye strain or discomfort from immersive or digital experiences, and/or general damage to me, Other Participant(s) in our party, and/or third parties, and may include damage to personal property of any or all such persons, even as an observer not participating. I understand that these risks are inherent in the essential qualities of the activities listed above and cannot be removed without substantially changing those activities. I further agree that these activities are for recreational purposes and completely voluntary. I also agree to use AUSTIN’S Attractions in a safe and responsible manner, follow all posted rules, and comply with all instructions from AUSTIN’S employees.

Release of Potential Injuries for Alcohol Consumption: I acknowledge and agree that AUSTIN’S serves alcoholic beverages, and I agree that consumption of alcohol comes with a variety of inherent risks (whether or not known or acknowledged), including serious physical or emotional injury, paralysis, death, and damage to me, Other Participant(s) in our group, and/or third parties. I understand that it can be dangerous to consume alcohol before engaging in physical activities, including but not limited to any AUSTIN’S Attractions. Consumption of alcohol is a personal choice, and I agree that any alcoholic beverages I consume are solely my responsibility. I agree to drink responsibly. I further agree that I or Other Participants will not consume alcohol if that individual is not twenty-one (21) years of age or older, and I will not purchase drinks for anyone under the legal drinking age. I agree that I release Releasees from any alcohol-related liability. I further acknowledge that alcohol may not be removed from the Premises, and I may not bring my own alcohol onto AUSTIN’S Premises. This shall include the facility, parking lot, and any other owned and/or leased property located at 16231 N Interstate Hwy 35, Pflugerville, TX 78660. Lastly, I agree to present a valid ID for purchase and agree AUSTIN’S, its owners and/or agents, may refuse to serve me at their discretion with no liability.

Release of Potential Infection of Disease and Viruses: I acknowledge that AUSTIN’S is a public location with many guests and employees who utilize the space on a daily basis. I further recognize that while AUSTIN’S practices appropriate and reasonable cleaning practices, I and/or Participant(s) in our group could still potentially become infected with a disease or virus, including but not limited to COVID-19, through participation in, or observation of others participating in, AUSTIN’S Attractions. I fully release Releasees from any claim against them regarding the contraction of a disease or virus for myself and/or Other Participants in our group.

Voluntary Assumption of Risk: I acknowledge and agree that I and Other Participant(s) 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 AUSTIN’S employees, could cause me or Other Participant(s) in our group significant bodily injury, and that AUSTIN’S is not responsible for the actions or activities of customers using AUSTIN’S Attractions or the negligence of its employees in supervising AUSTIN’S Attractions, including actions, activities, or omissions that result in such harm. I also fully understand that participating in the activities within the Premises involves physical exertion, and I represent that I am in sufficiently good health to participate, do not have any pre-existing physical or medical condition that might be worsened by use of AUSTIN’S Attractions, and will not use AUSTIN’S Attractions while under the influence of any drugs, alcohol, or medications that may impair my physical abilities or judgment. 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, landing improperly on equipment, slipping, colliding with fixed objects, or making contact with other participants;

2.) Become paralyzed, partially or fully, through their use of AUSTIN’S facilities and participation in AUSTIN’S 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 AUSTIN’S Facilities or AUSTIN’S Attractions;

4.) Suffer from serious injuries, including death, due to unpredictable body movements and anticipated or unanticipated bodily contact caused by running, physical exertion, and the general participation in AUSTIN’S Attractions; or

5.) Suffer from similar physical injuries as described above from observing, standing, sitting, or taking photographs at or near any AUSTIN’S Attractions, even if not participating.

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 Other Participants possess, whether known or unknown, which might contribute to or exacerbate any injury or illness that I or Other Participants might sustain as a result of using AUSTIN’S Attractions. I acknowledge and agree that if medical assistance of any form, including emergency care, hospitalization, out-patient care, and/or physical or occupational therapy, is required or performed as a result of any injury I or Other Participants sustain while using AUSTIN’S Attractions, such assistance shall be at my own expense. I authorize AUSTIN’S employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense. I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this activity, or else I agree to bear the costs of such injury or damage myself.

Release of Liability - Including Negligence of Releasees: I hereby voluntarily and fully and forever release, discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, actions, causes of action, suits, damages (including compensatory, general, special, consequential, exemplary, and punitive), liability, or obligations of any nature or kind connected with my participation in any activity at AUSTIN’S whether known at the time I leave the Premises or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (a) my activities within the Premises; (b) the activities within the Premises by others; (c) the operation of AUSTIN’S by Releasees; (d) my use of any and all AUSTIN’S facilities; and (e) my use of any and all equipment within AUSTIN’S, whether owned by me, Releasees, or a third party, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF RELEASEES, except claims arising from intentional or willful and wanton misconduct. I expressly accept and assume all of the risks inherent in these activities or that might have been caused by the negligence of the Releasees. My participation is purely voluntary and I elect to participate despite the risks. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.

BY SIGNING THIS DOCUMENT, I REPRESENT THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY OR OTHER PARTICIPANT(S)' LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, WHETHER OR NOT KNOWN OR ANTICIPATED, THAT OCCUR WHILE ON THE PREMISES OF AUSTIN’S, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF RELEASEES. 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 AUSTIN’S. I UNDERSTAND AND AGREE THAT RELEASEES WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME OR ANY PARTICIPANT IF I OR ANY PARTICIPANT IS INJURED.

ARBITRATION: I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR OTHER PARTICIPANT(S) ACCESS TO, USE, OR ABILITY TO OBSERVE OTHERS USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN TRAVIS COUNTY, TEXAS BEFORE ONE ARBITRATOR. JUDGMENT 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. 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 Other Participant(s), to maintain a lawsuit against Releasees. I agree that this waiver is “a contract evidencing a transaction involving commerce to settle by arbitration, a controversy thereafter arising out of such contract or transaction,” as set forth in the Federal Arbitration Act (FAA). I understand the FAA preempts any relevant state law, including, but not limited to, the Texas Arbitration Act (TAA). I further understand that this means the FAA governs any subsequent controversy, including personal injury matters, and I therefore agree to arbitrate ANY AND ALL CLAIMS arising from my and Other Participant(s)’ use of the AUSTIN’S Facility and AUSTIN’S Attractions. Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Other Participant(s), and AUSTIN’S will NOT have the right to have claim(s) determined by a jury.

Waiver of Jury Trial: ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND OTHER PARTICIPANT(S) AND AUSTIN’S KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, WAIVE THEIR RIGHT TO A BENCH TRIAL OR JURY TRIAL OF ANY DISPUTE ARISING UNDER THIS AGREEMENT.

Time Limit to Bring Claim(s): I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR OTHER PARTICIPANT(S)' ACCESS TO, USE, OR ABILITY TO OBSERVE OTHERS USING THE AUSTIN’S 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).

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. I agree that any legal proceeding shall be filed solely in the State of Texas, in the county where AUSTIN’S facility is located, and I further agree that the substantive law of Texas shall apply in any action, regardless of conflict-of-law principles.

Photo/Video/Social Media Waiver: In connection with my and Other Participant(s)' use of AUSTIN’S Facilities and AUSTIN’S Attractions, I consent to the recording of Other Participant(s) and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means ("Recordings"). I hereby consent to and authorize AUSTIN’S and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as Other Participant(s)' name and my name, for any purpose, including advertising, promoting, exploiting, and/or publicizing any AUSTIN’S facility. I further agree that the foregoing includes the consent to use Other Participant(s)' and/or my physical likeness in any form and in all media. In addition, I waive any and all claims that I or Other Participant(s) may have in connection with the Recordings.

Severability: If any provision, or any portion of any provision, of this Agreement is held to be invalid, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified or reformed to the minimum extent necessary to render it valid and enforceable; and if it cannot be so modified or reformed, it shall be severed from this Agreement. In either case, the remaining provisions of this Agreement shall continue in full force and effect and shall be enforced to the fullest extent permitted by law so as to give effect to the parties' intent to release and limit liability to the greatest extent allowed.

Acknowledgment: I have had sufficient opportunity to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. I understand that this activity might not be made available to me, or that the cost to engage in this activity would be significantly greater, if I were to choose not to sign this Agreement, and I agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I understand and agree that: (i) this Agreement gives up important legal rights; (ii) I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iii) the signature below is proof of my intention to execute a complete and unconditional waiver and release of all liability to the fullest extent of the law.