Membership Agreement

MEMBERSHIP AND ANNUAL PASS AGREEMENT

The words “you”, “your”, or “my” mean collectively, (a) the person(s) agreeing to this Membership Agreement (“Agreement”) to purchase an Urban Air membership, (b) any person who provides payment for the fees described herein, (c) any person who receives benefits under this Agreement, and (d) any minor or other person on whose behalf a spouse, parent, guardian, representative, or agent agrees to this Agreement. The words “Urban Air,” “we,” “our,” and “us” refer to _______________________ d/b/a Urban Air Adventure Parks. This Agreement is between you and us. By entering into this Agreement, you also agree to Urban Air’s Privacy Policy, E-Sign Disclosure and Agreement, and Terms of Use, which are incorporated in this Agreement as if set forth herein. The Privacy Policy describes Urban Air’s information gathering and privacy practices, and the use of your personal information and is available for review at www.urbanairparks.com/privacy-policy. The E-Sign Disclosure and Agreement outlines your agreement to enter into this transaction electronically and receive documents electronically and is available for review at www.urbanairparks.com/esignature-agreement. The Terms of Use describes our agreement regarding the use of the Urban Air websites including, but not limited to, www.urbanairtrampolinepark.com and www.urbanairparks.com and is available for review at www.urbanairparks.com/terms-of-use. By purchasing this Agreement, you acknowledge this Agreement outlines the terms of such membership.

1. Membership Benefits. While you are a member, you may use your membership benefits only at the Urban Air Adventure Park where you purchased your membership. You will be required to pay the regular admission fee to visit other Urban Air Adventure Parks. If we later allow your membership benefits to be used at Urban Air Adventure Parks other than where you purchased your membership, we will notify you in writing. In such case, attractions, offerings, and pricing may vary between Urban Air Adventure Parks, certain member benefits and attractions may not be available at some Urban Air Adventure Parks, and you may be required to pay a fee to visit other Urban Air Adventure Parks where you did not purchase your membership. Some membership benefits may be available on a first-come, first-served basis with limited supplies and capacity. Membership benefits may not be available at some Urban Air Adventure Parks due to closure of the Park for any reason including, but not limited to, private or special events, Park capacity and attendance, unavailability of food, beverages, or merchandise, or other circumstances. Memberships are not valid for special events, including, but not limited to, teen night, summer camps, parent’s night out, private events, fitness classes, or birthday parties, unless specifically included in your membership benefits as outlined at www.urbanairparks.com. Memberships, membership benefits, and member discounts are for personal use only and are nontransferable, may not be combined with any other offer or promotion, and may not be used to obtain or purchase items or services with the intent to resell such items or services. You must present proof of membership, as Urban Air shall determine in its sole discretion, to receive any applicable membership benefits and discounts. At our sole discretion, we may change any term or condition of this Agreement, the terms of use, privacy policy, or e-signature agreement or the features, services, and/or benefits provided under this Agreement. We will notify you at least 30 days in advance of any such change becoming effective at the email or other address you provide in this Agreement or any updated address you subsequently provide to us in writing.

2. Membership Term, Automatic Renewal Notice, and Recurring Payment Authorization. By agreeing to this Agreement, you are committing to the selected membership term under the membership you choose (“Membership Plan”). Each Membership Plan contains an initial term (“Initial Term”) and, depending on the Membership Plan you select, may contain an automatically renewing membership for successive time periods (“Renewal Term”).

2.1 Membership Term. The term of the available memberships are listed below.

2.1.1 Six Month Membership with Automatic Renewal: If you choose this membership, you agree to an Initial Term of six months. You may not cancel your membership during the Initial Term, except as further explained in paragraph 3 of this Agreement. At the end of this six month Initial Term, this Agreement will be renewed automatically for a one month Renewal Term and continue on a month-by-month basis thereafter unless terminated by you or us in accordance with the terms of this Agreement.

2.1.2 Six Month Prepaid Membership without Automatic Renewal: If you choose this membership, you agree to an Initial Term of six months and will pre-pay the entire cost of the Membership Plan. You may not cancel your membership during the Initial Term, except as further explained in paragraph 3 of this Agreement. At the end of this six month Initial Term, your membership benefits under this Agreement will expire and no longer be available to you.

2.1.3 Twelve Month Membership with Automatic Renewal: If you choose this membership, you agree to an Initial Term of twelve months. You may not cancel your membership during the Initial Term, except as further explained in paragraph 3 of this Agreement. At the end of this twelve month Initial Term, this Agreement will automatically be renewed for a one month Renewal Term and continue on a month-by-month basis thereafter unless terminated by you or us in accordance with the terms of this Agreement

2.1.4 Twelve Month Prepaid Membership without Automatic Renewal: If you choose this membership, you agree to an Initial Term of twelve months and will pre-pay the entire cost of the Membership Plan. You may not cancel your membership during the Initial Term, except as further explained in paragraph 3 of this Agreement. At the end of this twelve month Initial Term, your membership benefits under this Agreement will expire and no longer be available to you.

2.2 Payment and Recurring Payment Authorization.

2.2.1 By agreeing to this Agreement, you authorize us to automatically charge the card you have specified (your “Card”) (1) if you selected the prepaid option, for the total cost of the Membership Plan (as disclosed on www.urbanairparks.com) plus the one-time registration fee and applicable taxes on the day you agree to this Agreement, (2) if you selected the monthly, recurring payment option, for the first recurring monthly membership payment plus the registration fee (as disclosed on www.urbanairparks.com) and applicable taxes on the day you agree to this Agreement and thereafter on or about the same day of each month for monthly membership fees plus applicable taxes until either you cancel or we terminate this Agreement in accordance with its terms; (3) in lieu of presenting the card for payment of any goods or services received or charges incurred by you under this Agreement; and (4) all additional fees and charges incurred by you under this Agreement, including, but not limited to, applicable taxes and government fees. During the membership signup process, you must designate an available payment method to pay those amounts you owe under this Agreement. If you sign up for recurring payments, Urban Air will charge your Card on or about the same day each subsequent month (e.g., if you sign up for membership on the 10th of the month, your Card will be charged on or about the 10th of each subsequent month). The amount you owe is due and payable on the date we charge (or attempt to charge) your Card. For purposes of identification and billing, you agree to provide us with current, accurate, complete, and updated information including your name, address, telephone number, and applicable payment data. You agree to notify us promptly of any changes in your information, including any changes to your method of payment. You may change or update your Card you designate as your payment method or view the amount you owe that will be charged to your Card and the date your Card will be charged on the Urban Air payment portal www.store.unleashedbrands.com/account.

2.2.2 IF YOU PURCHASE A RECURRING MEMBERSHIP PLAN, YOU ACKNOWLEDGE AND AGREE THAT WE MAY CHANGE THE AMOUNT OF YOUR RECURRING MONTHLY MEMBERSHIP FEES BEGINNING WITH THE RENEWAL TERM PROVIDED WE GIVE YOU WRITTEN NOTICE AT LEAST 30 DAYS IN ADVANCE OF SUCH A CHANGE CONSISTENT WITH THE TERMS OF THIS AGREEMENT. SALES TAXES AND OTHER GOVERNMENT-IMPOSED FEES ARE NOT A PART OF YOUR MONTHLY MEMBERSHIP FEE AND MAY BE ADDED OR ADJUSTED AT ANY TIME WITHOUT NOTICE AS REQUIRED BY LAW.

2.3 You are responsible for payment of your monthly membership payments and all other amounts you owe under this Agreement. If Urban Air is unable to obtain payment the first time Urban Air attempts to charge your Card, Urban Air may attempt to charge repeatedly until full payment is received. It is your responsibility to ensure that the Card you designate is always valid and has not expired. If funds available through your Card are insufficient to cover any payment when due, you are responsible for providing Urban Air access to another acceptable payment method to pay the full amount due. YOU ACKNOWLEDGE THAT IF ANY PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS AGREEMENT, YOUR MEMBERSHIP MAY BE SUSPENDED, AND YOU MAY BE REFUSED ADMISSION TO ANY URBAN AIR ADVENTURE PARK AND ACCESS TO OTHER MEMBERSHIP BENEFITS UNTIL THE AMOUNT YOU OWE IS PAID IN FULL. FURTHER, YOU ACKNOWLEDGE IF PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED), YOUR MEMBERSHIP MAY BE TERMINATED. IF YOUR MEMBERSHIP IS TERMINATED FOR FAILURE TO PAY ANY AMOUNT DUE, THE REMAINING MONTHLY MEMBERSHIP PAYMENTS IN YOUR INITIAL TERM WILL BECOME IMMEDIATELY DUE AND PAYABLE. For example, if your membership is terminated in the tenth month of a twelve month Initial Term, the remaining two monthly payments will become due immediately.

2.4 Failure to use your membership or your member benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times you use your membership or access your membership benefits, there are no refunds on amounts paid on any membership except as provided in this Agreement.

3. Membership Cancellation. YOU MAY NOT CANCEL YOUR MEMBERSHIP EXCEPT AS PROVIDED HEREIN.

3.1 Death/Disability. You or your estate may cancel your membership if by reason of death or disability you are unable to receive your membership benefits under this Agreement. Upon cancellation due to death or disability, you or your estate shall be relieved from the obligation of making monthly membership payments due after the date of death or the receipt of certification of a physical disability. A physical disability sufficient to warrant cancellation of this Agreement shall be established if you furnish us with a written certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice.

3.2 Relocation. You may cancel your membership if you permanently move your residence more than twenty-five miles from the location of any Urban Air Adventure Park nationwide. Upon Urban Air’s receipt of acceptable written verification of your move, you shall be relieved from the obligation of making monthly membership payments due after receipt of such written verification.

3.3 Cancellation. In the event of a condition described by sections 3.1 or 3.2 above, you are currently in the Initial Term of your Membership Plan and do not wish it to renew into a Renewal Term, or you are currently in a Renewal Term, you may cancel your membership by mailing your notice of cancellation to us at Urban Air, Attn: Membership Support, 2350 Airport Freeway, Suite 505, Bedford, Texas 76022, complete the online form available at www.urbanairmembership.com, or, if required by law, online at www.store.unleashedbrands.com/account. Memberships may not be cancelled by telephone, email, or by fax and may only be cancelled as described in this section. Your cancellation request will be effective at the end of your current Initial or Renewal Term. Any payments due under this Agreement prior to the cancellation effective date will be charged by us as scheduled.

4. Membership Suspension. Urban Air may suspend your membership under any one or more of the following circumstances:

4.1 If Urban Air is unable to successfully charge your Card for monthly membership payments and other amounts you owe at the time they are due and you do not pay the amounts due in some other way, then the Membership Plan under this Agreement will be deactivated and all memberships and benefits associated therewith will be suspended. If your membership is suspended due to failure to pay amounts owed, your membership will be immediately reinstated if you pay all monthly membership payments and other amounts that are due before your next payment is due.

4.2 If any member under this Agreement is suspected of violating any provision of this Agreement, any of the membership terms and conditions, any other rules, regulations, or policies of Urban Air, or is suspected of fighting or rowdy behavior in any Urban Air Adventure Park or allowing someone else to use the member’s membership, Urban Air may suspend, at its absolute and sole discretion, any or all of the memberships under this Agreement and deny all members under this Agreement access to any Urban Air Adventure Park while the alleged violation is investigated. Upon conclusion of Urban Air’s investigation and depending upon the findings of such investigation, Urban Air, in its sole discretion, may either reinstate the suspended memberships or immediately terminate such memberships. If a membership is reinstated following an investigation under this section, the member’s monthly membership payments will continue as scheduled and the end date of the member’s Initial or Renewal Term will not change. Urban Air will notify you if your membership is suspended in writing at the email or other address you provide in this Agreement or any updated address you subsequently provide to us in writing.

5. Membership Termination. We reserve the right to terminate or refuse to renew your Agreement at any time for any reason not prohibited by law and to collect any delinquent or outstanding balance(s) that has not been paid including for any monthly payments owed. If your membership is terminated, Urban Air will notify you in writing at the email or other address you provide in this Agreement or any updated address you subsequently provide to us in writing. When a membership is terminated, the affected Membership Plan will be deactivated permanently and the affected member(s) will no longer be eligible to receive any of the benefits of membership. Reasons for membership termination include, without limitation, the following circumstances:

• If you fail to pay monthly membership payments or other amounts you owe at the time they are due.
• If you use your membership for commercial purposes or engage in activity that Urban Air, in its sole discretion, deems improper, including without limitation, allowing someone else to use your membership, fighting or rowdy behavior in any Urban Air Adventure Park, or if Urban Air determines that you or any member under this Agreement violated any provision of this Agreement, any of the membership terms and conditions, or any other rules, regulations, or policies of Urban Air.
• If Urban Air, in its absolute and sole discretion, for any reason elects to terminate your membership.

If Urban Air elects to terminate your Agreement for any reason including, but not limited to, any of the reasons listed above, any prepaid amounts shall be non-refundable and any amounts that are owed to Urban Air shall become immediately due and payable, including any monthly payments remaining in the Initial Term or Renewal Term. For example, if Urban Air terminates your membership in the tenth month of your twelve month Initial Term, the remaining two monthly payments in your Initial Term will become due and payable immediately. You agree that we may charge any and all such fees and costs to your Card on the effective date of the termination of your Membership.

6. Nature of Activities, Assumption of Risk, and Release and Indemnification

6.1 Nature of Activities. Urban Air operates a trampoline and adventure park, which offers its customers (a) the opportunity to participate actively or passively, in trampoline and adventure park related activities, including, but not limited to, jumping, dodgeball, volleyball, tumbling, foam pit jumping, aerobics, skydiving, ninja warrior course, battle beam, laser tag, soft play, ropes course, climbing wall, roller coaster/sky rider, go carts, bowling, bumper cars, cyber sports, mini golf, arcades, slides, twist tower, exercising, and other miscellaneous trampoline and adventure activities, instruction, training, fitness classes, competition, events, and programs and (b) access to the Premises and cafe (collectively, Activities).

6.2 Risks and injuries Associated with Activities. You acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; dizziness, broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. When skydiving, the most common risk of injury is to the shoulders due to the force of the air on them. When participating in cyber or e-sports, the most common risk of injury is a seizure due to epilepsy. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing admission.

6.3 Assumption of Risks. Notwithstanding the foregoing risks and the safety measures implemented by Urban Air, you acknowledge it is impossible to eliminate all risk of injury and understand the demands of the Activities relative to your physical condition and skill level. You affirm that participation in the Activities is voluntary and knowingly, with understanding of the risks and potential injuries, assumes all risks inherent with the Activities and access to the Urban Air Adventure Park.

6.4 RELEASE AND INDEMNITY/WAIVER OF DAMAGES.

6.4.1 RELEASE AND INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ON BEHALF OF YOURSELF AND ALL OTHER PERSONS SUBJECT OF THIS AGREEMENT (COLLECTIVELY, “PARTICIPANTS”) AND THEIR HEIRS, EXECUTORS, ESTATES, AND REPRESENTATIVES RELEASE, COVENANT NOT TO SUE, AND SHALL INDEMNIFY AND DEFEND US, OUR FRANCHISOR, THE OWNER, LANDLORD, AND MANAGEMENT COMPANY OF THE PREMISES WHERE THE URBAN AIR ADVENTURE PARK IS OPERATED, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES, COURT COSTS, ARBITRATION FEES, OR OTHER COSTS) (COLLECTIVELY, “CLAIMS”) RELATING TO, RESULTING FROM, ARISING OUT OF, OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO ANY PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES WHERE THE URBAN AIR ADVENTURE PARK IS OPERATED, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF US, (E) PARTICIPANT’S RECEIPT OF MEDICAL TREATMENT DEEMED NECESSARY IF PARTICIPANT IS INJURED OR REQUIRES MEDICAL ATTENTION, OR (F) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT, UNLESS PROHIBITED BY LAW. ALSO, THE INDEMNITY SHALL INCLUDE PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (A) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF ANY PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS OR ACTIVITIES AND (B) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF ANY PARTICIPANT.

6.4.2 WAIVER OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANT ON HIS/HER BEHALF AND ALL OTHER PARTICIPANTS SHALL NOT ASSERT AND HEREBY WAIVES ANY CLAIM AGAINST ANY PROTECTED PARTY, ON ANY THEORY OF LIABILITY, FOR ACTUAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF, PARTICIPANT’S ENTRY INTO THE URBAN AIR ADVENTURE PARK OR PARTICIPATION IN THE ACTIVITIES.

6.4.3 NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN [APPLICABLE TO FLORIDA URBAN AIR ADVENTURE PARKS ONLY]. READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF URBAN AIR (HEREIN DEFINED) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM URBAN AIR IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND URBAN AIR HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

7. Binding Individual Arbitration and Class Action Waiver. Any disputes arising out of or relating to this Agreement or your use of any of the facilities at any Urban Air Adventure Park (collectively, “Disputes”) shall be governed by the law of the state where the Urban Air Adventure Park is located regardless of your country or state of origin, notwithstanding any conflicts of law principles. ANY DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, AND WITHOUT A JURY. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Urban Air Adventure Parks, Attn: Membership Support, __________________. If you and Urban Air do not reach an agreement to resolve the dispute within 30 days after the letter is received, either party may commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures rules in effect at the time the arbitration demand is filed (available at www.adr.org). The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Except as may be required by law, neither you nor an arbitrator may disclose the existence, content, or results of any arbitration under this section without the prior written consent of all parties. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator is bound by the terms of this Agreement and the parties’ delegation of authority to the arbitrator under this Agreement. The arbitrator will have no authority or power to: (a) stay the effectiveness of any pending termination of this Agreement; (b) assess punitive or exemplary damages; or (c) make any award that extends, modifies, or suspends any lawful term of this Agreement. The arbitrator must also follow the applicable law and may not disregard the law based on principles of justice or equity that are not a specific part of the applicable law. Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement and this Arbitration and Class Action Waiver provision, and who are proper parties to the Arbitration, shall be submitted to and exclusively decided by the Arbitrator. A judgment may be entered upon the arbitration award in any federal or state court having jurisdiction and enforced in accordance with the Federal Arbitration Act and applicable rules of arbitration provided the confidentiality obligations under this Agreement are not violated. Reasonable Arbitration costs and documented attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses. You may choose to have the arbitration conducted in the county in which you purchased your membership or at another mutually agreed location. We each agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you, we, nor any other person may pursue a Dispute in arbitration as a class action, private attorney general action, or other representative action, nor may any Dispute be pursued on your behalf in any litigation in any court. Unless you are a resident of California or Georgia or entered this Agreement in California or Georgia, you and we waive any right to a jury trial if a Dispute proceeds in court rather than in arbitration for any reason. YOU MAY OPT OUT OF BINDING ARBITRATION AND THIS CLASS ACTION AND JURY TRIAL WAIVER BY NOTIFYING US IN WRITING WITHIN 30 DAYS OF SIGNING THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY LAW. Your written notification electing to opt out of binding arbitration and this class action and jury waiver must be mailed to Urban Air Adventure Parks, Attn: Membership Support, ____________________ within 30 days of the date you enter this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve Disputes through arbitration. This Arbitration and Class Action Waiver provision and waiver of jury trial shall survive expiration or termination of this Agreement.

8. Limitation of Actions and Remedies. Any Dispute must be initiated within two years and one day of the date the Dispute accrues. If a dispute is not initiated within two years and one day of the date the Dispute accrues, you and we waive all such Disputes and claims arising out of or related to any such Dispute or this Agreement against each other. IN NO EVENT SHALL ANY AWARD RELATED TO ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO ANY SUCH DISPUTE OR THIS AGREEMENT EXCEED THE TOTAL OF MEMBERSHIP FEES PAID BY YOU OVER THE 12 MONTHS IMMEDIATELY PRECEDING THE INITIATION OF ANY ARBITRATION OR OTHER LEGAL PROCEEDING ALLOWED BY THIS AGREEMENT. YOU AND WE EXPRESSLY AGREE TO WAIVE THE REMEDY OF RESCISSION WITH RESPECT TO ANY DISPUTE OR ANY CLAIM ARISING OUT OF OR RELATED TO ANY SUCH DISPUTE OR THIS AGREEMENT.

9. Communications and Authorization for Phone Calls and Text Messages. By providing your phone number during the membership enrollment process and signing this Agreement, you consent to and authorize Urban Air, any Urban Air Adventure Park, our Franchisor, and their owners, agents, or representatives to (1) communicate with you via telephone or email and to receive from us on my wireless device mobile service commercial messages calls or to send you text messages to the number you provide regarding account balances, transactions, and Urban Air promotions or advertising. You acknowledge that these calls or text messages may be sent via autodialer and that standard message and data rates may apply. You are not required to authorize calls or text messages to become a member or to enter this Agreement, and you may opt-out at any time by request if called or by replying “STOP” in response to a message. You further agree that Urban Air, any Urban Air Adventure Park, our Franchisor, and their owners, agents, or representatives may contact you via mail or email for any purpose and that any debt collection agency or attorney hired by Urban Air may contact you by phone, text message, mail, or email in an effort to recover any unpaid amount due to Urban Air under this Agreement. Further, you agree that you will send any legal notice or other notice or information that you are required by law to provide or deliver to Urban Air by email to __________________ or by mail or hand-delivery to the following address: Urban Air, Attn: Membership Support, _________________.

10. Use of Personal Information, Image, Likeness, and/or Voice. Urban Air will take, and you agree to the taking and Urban Air’s storage and use of, an image of each member under this Agreement for purposes of member identification for the Urban Air membership program. Urban Air will retain such image in its computerized membership system. Urban Air also may photograph, record on audio or video, or otherwise record your presence or use of any Urban Air Adventure Park. In exchange for your use of any Urban Air Adventure Park, you understand, acknowledge, and agree that you may be photographed, recorded on audio or video, or otherwise recorded while at any Urban Air Adventure Park and hereby agree and consent for all purposes to the sale, reproduction, or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, any Urban Air Adventure Park, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art, and exhibition. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your likeness and/or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, and graphics, and hereby waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. You further agree that Urban Air and/or any Urban Air Adventure Park you may visit or owner thereof may use any information gathered in this form or through your use of any Urban Air Adventure Park, provided the information does not personally identify you or provide facts that could lead to your identification, for any purpose, including without limitation research, product and program improvements, and statistical purposes. You agree to hold harmless and indemnify Urban Air and any Urban Air Adventure Park you may visit or owner thereof from and against any and all liability, damage, loss, and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.

11. Transferability. Urban Air may transfer this Agreement at any time and without notifying you, but you agree that you may not sell your membership or transfer this Agreement at any time.

12. Entire Agreement. You acknowledge and agree that this Agreement and the incorporated Urban Air Privacy Policy, E-Sign Disclosure and Agreement, and Terms of Use as amended and modified constitute the entire agreement and supersede any prior agreement or representations made between you and Urban Air, either written or oral, and may only be modified in writing. This Agreement shall inure to the benefit of and be binding upon the parties hereto, the members under this Agreement, and their respective heirs, executors, administrators, successors, and assigns. Except as expressly provided herein, you warrant that you are not relying on, and that neither Urban Air nor its employees, agents, representatives, or franchisees have made and specifically negate and disclaim, any representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever, either express or implied, oral or written, past, present, or future, of, as to, or concerning or with respect to this Agreement.

13. Severability. If any part of this Agreement shall be held invalid (other than the Arbitration and Class Action Waiver provision above), that part shall be deemed excluded from this Agreement and the remainder of the Agreement shall remain in full force and effect. If the Arbitration and Class Action Waiver is held invalid by an Arbitrator, you and we agree that any Dispute will be decided by a court rather than by arbitration.

14. Waiver. The terms and conditions contained herein may be waived only by written instrument executed by the party waiving compliance. Any such waiver shall only be effective in the specific instance and for the specific purpose for which it is given and shall not be deemed a waiver of any other provision. Urban Air may delay enforcement of any of the provisions of this Agreement, including your promise to make timely payments, without waiving or losing its right to enforce the same or any other provision later.

15. Authority. If you sign this Agreement on behalf of others, including a spouse, child, family member, friend, minor child, or other person, you warrant and represent to Urban Air that you have the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity, and license.