IMMERSIVE ART EXHIBIT RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER, AND INDEMNIFICATION AGREEMENT

In the Southern Sun, LLC (“ITSS”) IMMERSIVE ART EXHIBIT Participant Agreement

This Release of Liability, Assumption of Risk, Waiver, and Indemnification Agreement (the “Agreement”) is entered into by and between In the Southern Sun, LLC (“ITSS”) (the “Provider”), a Hawaii-based entity providing immersive art exhibit experiences, and the undersigned participant (the “Participant”). If the Participant is a minor (under 18 years of age), this Agreement must be signed by the Participant’s parent or legal guardian, who agrees to these terms on behalf of the minor and themselves.

By signing this Agreement, the Participant (and, if applicable, the parent or guardian) acknowledges that participation in the ITSS Immersive Art Exhibit (the “Exhibit”) involves inherent risks that could result in serious injury, death, or property damage. The Participant voluntarily chooses to participate despite these risks.

1. ACKNOWLEDGMENT AND FULL DISCLOSURE OF RISKS

The Provider provides full disclosure of the inherent risks associated with the Exhibit, as required under Hawaii law (including but not limited to Hawaii Revised Statutes § 663-1.54, to the extent applicable). The Exhibit is an experiential art installation that may involve physical, sensory, and environmental elements designed to immerse participants in artistic environments. Participation is voluntary and at the Participant’s own risk.

The Participant acknowledges and understands that the Exhibit may expose them to a wide range of known and unknown risks, hazards, and dangers, including but not limited to:

• Uneven, irregular, slippery, wet, or unstable walking surfaces, floors, or pathways that may cause tripping, slipping, falling, or loss of balance;
• Dark, dimly lit, completely unlit, or variably illuminated areas that may impair visibility and increase the risk of collision or disorientation;
• Flashing, strobing, intense, colored, or rapidly changing lights that may trigger seizures, migraines, dizziness, nausea, or visual disturbances (particularly for individuals with photosensitive epilepsy or similar conditions);
• Uneven, textured, irregular, or protruding wall surfaces, ceilings, or installations, including sticks, branches, poles, wires, sculptures, or other elements that may poke, scratch, puncture, impale, or otherwise contact the body, potentially causing cuts, bruises, abrasions, punctures, eye injuries, blindness, disfigurement, or death;
• Stairs, ramps, inclines, declines, sudden drops, elevated platforms, or multi-level structures that may lead to falls from heights or missteps;
• Choking hazards from small objects, loose particles, fog, mist, airborne elements, or interactive props that could be inhaled, swallowed, or cause respiratory distress;
• Smoke, fog, haze, scented elements, artificial mist, or atmospheric effects that may cause vertigo, confusion, or loss of spatial awareness;
• Heights, simulated falls, swinging elements, or precarious balances that may result in actual falls or perceived danger;
• Interactions with actors, props, installations, mechanical devices, or other participants that may involve physical contact, surprises, or unpredictable movements;
• Allergens, dust, pollen, mold, or environmental irritants present in the venue;
• Physical exertion, fatigue, strain, or overexertion from walking, standing, bending, reaching, or engaging with interactive elements;
• Psychological distress, fear, anxiety, panic attacks, or emotional reactions triggered by thematic content, surprises, or immersive storytelling;
• Exposure to heat, cold, humidity, or varying environmental conditions within the venue;
• Malfunctions, defects, or failures in equipment, lighting, structures, or installations;
• Any other hazards, dangers, or risks inherent to or commonly associated with immersive art exhibits, experiential installations, theme parks, haunted attractions, escape rooms, or similar recreational activities, whether foreseen or unforeseen.

The Participant represents that they have carefully read and understood this disclosure of risks and have had the opportunity to ask questions about the nature of the Exhibit and its associated risks.

THE PARTICIPANT ACKNOWLEDGES THAT THESE RISKS MAY RESULT IN SERIOUS PERSONAL INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE, AND THAT NO AMOUNT OF CARE, CAUTION, OR EXPERTISE CAN ELIMINATE THESE RISKS.

2. ASSUMPTION OF RISK

THE PARTICIPANT KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATION IN THE EXHIBIT, INCLUDING ALL RISKS DISCLOSED ABOVE AND ALL OTHER KNOWN AND UNKNOWN RISKS. THE PARTICIPANT ASSUMES THE RISK OF INJURY OR DAMAGE FROM ANY CAUSE, INCLUDING THE NEGLIGENCE OF THE PROVIDER, ITS OFFICERS, EMPLOYEES, AGENTS, OR OTHER PARTICIPANTS, OR FROM DEFECTS IN THE PREMISES, EQUIPMENT, OR FACILITIES. THE PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR THEIR PARTICIPATION AND ANY RESULTING INJURY, DEATH, OR DAMAGE.

The Participant agrees to act reasonably and responsibly, follow all instructions, warnings, and rules provided by the Provider (including signage, verbal directions, and staff guidance), and immediately cease participation if they observe any hazard or feel unsafe.

3. RELEASE AND WAIVER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY HAWAII LAW, THE PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES, AND PROMISES NOT TO SUE THE PROVIDER, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VOLUNTEERS, SPONSORS, OR AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, EXPENSES, COSTS, OR LIABILITIES OF ANY NATURE WHATSOEVER ARISING FROM OR RELATED TO PARTICIPATION IN THE EXHIBIT, WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

This release and waiver includes, but is not limited to, claims for personal injury, death, property damage, emotional distress, or economic loss, even if caused by the negligence of the Released Parties or defects in the premises or equipment. However, this release and waiver does NOT apply to claims arising from the Released Parties’ reckless, willful, grossly negligent, or intentional misconduct, as such waivers are unenforceable under Hawaii law.

4. INDEMNIFICATION AND HOLD HARMLESS

The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Participant’s participation in the Exhibit, including claims brought by third parties (such as other participants or family members). This indemnification applies even if the claim arises from the negligence of the Released Parties but does NOT apply to claims arising from their reckless, willful, grossly negligent, or intentional misconduct.

5. SEVERABILITY AND REFORMATION

If any provision of this Agreement is held to be invalid, illegal, or unenforceable in whole or in part by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties authorize and instruct the court to reform or modify the invalid provision to the minimum extent necessary to make it valid and enforceable, while preserving the intent to provide the maximum protection to the Provider allowable under Hawaii law. This reformation clause shall be interpreted as broadly as possible to maximize enforceability.

6. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to conflict-of-law principles. Any disputes arising out of or related to this Agreement or participation in the Exhibit shall be resolved exclusively in the state or federal courts located in Honolulu, Hawaii. The Participant consents to the personal jurisdiction and venue of these courts, regardless of where the ticket was purchased or the Participant resides.

7. MISCELLANEOUS

No Refunds: The Participant understands and agrees that all ticket sales are final and non-refundable, including in the event of removal from the Exhibit for failure to comply with safety rules or behavioral standards.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or representations.

Acknowledgment: By signing below (or by purchasing a ticket and/or entering the Exhibit), the Participant acknowledges that they have read this Agreement in its entirety, understand its terms, and voluntarily agree to be bound by it. The Participant further acknowledges that they have had the opportunity to consult with legal counsel before signing.