WAIVER AND RELEASE AND ASSUMPTION OF RISK - TERMS OF USE FOR COURTESY CAR

The user/customer recognizes the use of the Courtesy car of The Swingin’ Door involves risks of physical injury, including that caused by the negligence of him/herself of The Swingin’ Door, its agents, volunteers and employees. The user/customer hereby agrees to assume the risk of injury in its entirety regardless of the cause. You (customer and all guests) agree that if you engage in any ride or activity or use any The Swingin’ Door Courtesy Car or any of its affiliates or related entitles, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any ride or activity to or from the premises. Your assumption of risk includes, without limitation, your use of the Courtesy Car of The Swingin’ Door. Customer agrees to assume the risks in his or her participation in any activity. You agree that you are voluntarily participating in the aforementioned activities and using The Swingin’ Door Courtesy Car and assume of all risk of injury, illness, damage, or loss to you or your property the might result, including, without limitation, any loss or theft of any personal property, including injuries or damages that might result from the negligence of The Swingin’ Door or any of its affiliates, employees, volunteers, agents, representatives, successors, and assigns.

You agree on behalf of yourself (and all of your representatives, heirs, executors, administrators, agents, and assigns) to release and discharge The Swingin’ Door (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (know and unknown) arising out of the negligence of The Swingin’ Door, or any of its affiliates, employees, volunteers, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of the Courtesy Car which may malfunction or break, (b) The Swingin’ Door’s improper maintenance of any equipment or facilities, (c) The Swingin’ Door negligent instruction or supervision, including while parked or moving, and (d) you slipping and falling while on or in the car or any portion of the premises for any reason, including The Swingin’ Door negligent inspection or maintenance of its car. If you agree to take this free service you agree to the “terms of use” herein, and hereby agree to indemnify and hold harmless The Swingin’ Door from any loss, liability, damage, or cost The Swingin’ Door may incur due to your usage of The Swingin’ Door Courtesy Car. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law I 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.

YOU ACKNOLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY USING THE FREE SERVICE YOU AGREE TO THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE SWINGIN' DOOR FOR IT’S NEGLIGENCE, OR ANY DEFECTIVE PRODUCT ON OR IN IT’S CAR. YOU HAVE READ AND VOLUNTARILY AGREE TO THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESNTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

Dated October 1, 2010