Waiver & Release of Liability

    PARTICIPANT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the "Agreement")

    Greenlight Simulation, LLC ("Greenlight") owns and operates a street driving simulation training facility (the "Business") at 730 Camino Ramon, Suite 130, Danville, CA 94526 (the "Premises"). The "Participant" desires to participate in the events, activities and services of the Business (the "Greenlight Activities") on the Premises.

    For and in consideration of Participant's permitted participation in the Greenlight Activities on the Premises, and other good and valuable consideration the receipt and sufficiency which is hereby acknowledges, Participant acknowledges and agrees to the following:

    (1) Participant hereby understands and agrees that he/she shall abide by all Greenlight's rules, regulations, restrictions, guidelines and policies at all times while on the Premises.

    (2) Participant hereby grants to the Greenlight Parties (as defined herein), and their duly authorized agents and assigns, the non-exclusive, worldwide, royalty-free and perpetual right and license to use the Participant's name, image and likeness, including without limitation photographs, audio/visual content, and images and sounds of Participant, in any medium (including but not limited to print, broadcasts by and through television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, film productions, audiotape productions, transmissions over the Internet, public and private online services, and sales and other commercial projects, and the like) for promoting, advertising, or reporting on the Premises, the Business, the Greenlight Activities, the Greenlight Parties, or related advertising, promotion, telecast or programming.

    (3) Participant acknowledges that, Greenlight exclusively and in perpetuity owns any and all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record by any means, process, medium or device (including but not limited to television, cable television, radio, pay-per-view, closed circuit television, satellite signal, digital signal, film productions, audiotape productions, transmissions over the Internet, public and private online services, sales and other commercial projects, and the like), whether or not currently in existence, all images, sounds and data arising from or during the Greenlight Activities or any other activities on the Premises, and that Greenlight shall be the owner of any and all intellectual property rights (including, but not limited to, patents, copyrights, trademarks, design rights, and other proprietary rights) worldwide in and to these works and in and to any other works, copyrightable or otherwise created from the images, sounds and data arising from, during or in connection with the Greenlight Activities and/or the Premises. In addition to the extent not already owned by Greenlight, Participant hereby assigns to Greenlight exclusively and in perpetuity any and all rights set forth above. Participant agrees to take all steps reasonably necessary, and all steps requested by Greenlight, to protect, perfect or effectuate Greenlight's ownership or other interest in these rights. Participant agrees not to take any action, nor cause others to take any action, nor enter into any third-party agreement which would contravene, diminish, encroach or infringe upon these rights of Greenlight.

    (4) Participant acknowledges and understands that the Greenlight Parties abide by all applicable federal, state and local guidelines and orders relating to the Premises and/or the Greenlight Activities, including without limitation preventative measures put in place to reduce the spread of COVID-19; however, the Greenlight Parties cannot and will not cannot guarantee that any persons present/in attendance on the Premises and/or at the Greenlight Activities will not become exposed to or infected with COVID-19 or any other communicable disease or illness, some of which may carry a risk of suffering severe personal injury and/or death, despite reasonable efforts to mitigate such dangers. In addition to the release, waiver of liability, assumption of risk and indemnities stated herein, Participant further hereby releases, waives, covenants not to sue and discharges the Greenlight Parties from all liability to the Participant, including without limitation Participant's personal representatives, assigns, heirs, and/or next of kin, for any and all loss or damage, and any claim or demands therefor on account of Participant's contraction of any communicable illness or disease, including without limitation COVID-19, arising out of or in any way related to the Premises and/or Participant's participation in Greenlight Activities, whether caused by the negligence of the Greenlight Parties or otherwise.

    (5) PARTICIPANT FURTHER UNDERSTANDS AND AGREES THAT NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE BY GREENLIGHT AS TO THE CONDITION OF THE PREMISES. THIS DOCUMENT IS TO WARN PARTICIPANT THAT DANGEROUS CONDITIONS, RISKS AND HAZARDS DO EXIST ON THE PREMISES. PARTICIPANT ALSO ACKNOWLEDGES THAT THE CONDUCTING OF THE BUSINESS AND THE GREENLIGHT ACTIVITIES ON THE PREMISES DO HAVE BOTH KNOWN AND UNKNOWN HAZARDS AND RISKS THAT CAN RESULT IN PROPERTY DAMAGE, INJURY, PERMANENT PARALYSIS OR EVEN DEATH. IT IS FURTHER AGREED THAT THE MANY POSSIBILITIES AND SOURCES OF INJURY AND DAMAGE ON THE PREMISES ARE HEREBY ACKNOWLEDGED BY PARTICIPANT, AND THAT PARTICIPANT NOW COMES ON THE PREMISES AND ENGAGES THE SERVICES OF THE BUSINESS AND PARTICIPATES IN THE GREENLIGHT ACTIVITIES WITH FULL KNOWLEDGE THAT SUCH HAZARDS AND RISKS EXIST.

    (6) AS PART OF THE CONSIDERATION FOR BEING ALLOWED BY GREENLIGHT TO ENTER THE PREMISES AND PARTICIPATE IN THE SERVICES OF THE BUSINESS AND THE GREENLIGHT ACTIVITIES, PARTICIPANT FURTHER UNDERSTANDS AND AGREES THAT GREENLIGHT AND ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, AND EACH OF THEIR RESPECTIVE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND INDEPENDENT CONTRACTORS (COLLECTIVELY, THE "GREENLIGHT PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGE, INJURY OR LOSS INCURRED BY PARTICIPANT OR PARTICIPANT'S PROPERTY WHILE ON THE PREMISES, EXCEPT FOR ANY DAMAGE, INJURY OR LOSS RESULTING FROM THE SOLE WILLFUL MISCONDUCT OF GREENLIGHT. PARTICIPANT AGREES TO USE THE PREMISES AT HIS/HER OWN RISK AND WITHOUT RECOURSE AGAINST THE GREENLIGHT PARTIES WHATSOEVER. PARTICIPANT AGREES TO REIMBURSE GREENLIGHT FOR ANY AND ALL DAMAGE CAUSED TO THE PREMISES BY PARTICIPANT.

    (7) In consideration for being allowed by Greenlight to enter the Premises and participate in the services of the Business and/or Greenlight Activities, Participant, for himself/herself and his/her personal representatives, heirs and next of kin:

    (A) Acknowledges, agrees, and represents that Participant has or will immediately upon entering the Premises, and will continuously thereafter, inspect the Premises, and Participant further agrees and warrants that, if at any time, Participant is on or about the Premises and feels anything to be unsafe, Participant will immediately advise Greenlight of such and if necessary, will leave the Premises. Participant hereby acknowledges and agrees that no warranty, either express or implied, is being given to Participant as to the condition of the Premises.

    (B) HEREBY RELEASES, WAIVES, DISCHARGES, COVENANTS NOT TO SUE, INDEMNIFIES AND HOLDS HARMLESS THE GREENLIGHT PARTIES FROM ALL LIABILITY, INCLUDING WITHOUT LIMITATION TO PARTICIPANT'S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY (EVEN RESULTING IN PERMANENT PARALYSIS OR DEATH) OF PARTICIPANT ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPANT'S PRESENCE WITHIN AND/OR PARTICIPATION IN GREENLIGHT ACTIVITIES ON THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE GREENLIGHT PARTIES OR OTHERWISE.

    (C) HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPANT'S PRESENCE WITHIN AND/OR PARTICIPATION IN ACTIVITIES ON THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE GREENLIGHT PARTIES OR OTHERWISE.

    (D) HEREBY ACKNOWLEDGES THAT THE GREENLIGHT ACTIVITIES IN AND AROUND THE PREMISES ARE INHERENTLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE, AND THAT PARTICIPANT'S NEXT OF KIN HAVE BEEN SO ADVISED. PARTICIPANT ALSO EXPRESSLY ACKNOWLEDGES THAT INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE GREENLIGHT PARTIES.

    (E) HEREBY AGREES THAT THIS AGREEMENT EXTENDS TO ALL ACTS OF NEGLIGENCE BY THE GREENLIGHT PARTIES, INCLUDING WITHOUT LIMITATION NEGLIGENT RESCUE OPERATIONS, AND INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF CALIFORNIA AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.

    (F) PARTICIPANT HAS READ THIS AGREEMENT, UNDERSTANDS ITS TERMS, UNDERSTANDS THAT PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS, AND AGREES TO THESE TERMS AND CONDITIONS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO PARTICIPANT AND INTENDS PARTICIPANT'S APPROVED PRESENCE ON THE PREMISES TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

    (G) PARTICIPANT HEREBY ACKNOWLEDGES AND AGREES THAT HE/SHE HEREBY WAIVES ON PARTICIPANT'S BEHALF AND BEHALF OF PARTICIPANT'S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, AND FULLY UNDERSTANDS THE EFFECT OF SUCH WAIVER, ALL BENEFITS FLOWING FROM ANY STATE STATUTE THAT WOULD OTHERWISE LIMIT THE SCOPE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A PERSON DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTIES."



    Appendix A to Waiver & Release of Liability

    APPENDIX A TO PARTICIPANT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

    FOR PARENTS/GUARDIANS OF PARTICIPANT MINOR
    (UNDER AGE 18 AT TIME OF REGISTRATION AND PARTICIPATION)

    This is to certify that I, as parent/guardian with legal responsibility for Participant, do consent and agree to his/her release and waiver of liability, assumption of risk and indemnity as provided in the above Agreement, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Greenlight Parties from any and all liability incidents to my minor child's involvement or participation in the Greenlight Activities on the Premises as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE GREENLIGHT PARTIES, to the fullest extent permitted by law.