Effective Date:               August 1, 2024

1. Release

In consideration of permission extended by Napa Valley Supercars LLC (referred to herein as “NVS”) to the undersigned Participant(s) to take part in, participate or otherwise be present for any purpose in connection with any supercar experience, drive, tour, trip, outing or event (collectively referred to as “Experience”), whether as a driver, passenger or in any other capacity, sponsored or provided to Participant by NVS or any of its owners, representatives, officers, directors, members, managers, employees, sponsors, partners, suppliers, contractors, guests, participants, parent or subsidiary entities, agents, assigns and all other individuals or entities acting in any capacity on behalf of NVS (collectively referred to herein as the “Releasees”), Participant, for him/herself, and his or her spouse, children, parents, heirs, assigns, personal representatives and estate hereby releases, holds harmless, covenants not to sue and agrees to indemnify the Releasees of and from any and all claims, demands, actions or rights of action, damages, losses, interest, costs, liabilities and expenses of any kind or nature whatsoever, known or unknown (collectively referred to herein as “Claims”) that Participant or anyone claiming on Participant’s behalf may now or hereafter have, including without limitation, any and all Claims for illness, injury to or death of any person or any loss, damage to or theft or destruction of any property resulting or claimed to result from or arising out of any Experience sponsored or provided by NVS, including specifically Claims that may arise or be claimed to arise out of the negligent acts or omissions of the Releasees.

2. Disclosure and Assumption of Risks Associated with Supercar Experience Experiences

Participant acknowledges and agrees that he/she has been informed and is aware of the risks and dangers associated with the Experience, including but not limited to: transportation to and from the start and end points of the Experience; operating, driving or as a passenger of any motor vehicle, whether on public or private land, or whether on improved roadways, the condition of the roadways; maintenance and repairs to vehicles; turbulent or other dangerous weather conditions; coming into contact/colliding with other vehicles or Participants participating in the Experience and/or members of the general public not associated with the Experience; defective or faulty motor vehicles and other equipment furnished by NVS for the Experience; loss of control of the motor vehicle resulting in collision, overturning or crashing, potentially causing Participant and/or third parties to be thrown from the motor vehicle or trapped in or under the motor vehicle; slipping and falling while entering into and/or alighting from the motor vehicle; becoming disoriented, panicked and/or traumatized from operating or riding in or using the motor vehicle. The Experience may include overnight lodging at a third-party commercial establishments outside the control of NVS and Participant acknowledges that NVS is not responsible for any illness, injury or death, or damage to property resulting from Participant’s or any third party’s arrangements with any such overnight lodging provider. The Experience may also include stops along the Experience route, road or path to take in scenic views and/or to rest. Participant acknowledges that NVS is not responsible for any illness, injury or death, or damage to property resulting from Participant’s or any third party’s participation in such stops along the Experience. Food preparation may be a part of the Experience and Participant acknowledges his/her responsibility to inform NVS of any specific food related allergies, and Participant may be eating outdoors and that the eating environment and some food may not be to Participant’s liking. There may be errors in food storage or preparation that could cause Participant’s dissatisfaction and/or illness. Accidents can occur resulting from changing weather conditions, and storms and lightning are possible; it is also possible that Participant may be exposed to the natural elements during the Experience, which can be uncomfortable or harmful and Participant acknowledges that such exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, frost bite, and/or hypothermia, some or all of which may diminish Participant’s or other third parties’ ability to react or respond. Participant may sustain injuries at any point before, during or after the Experience and depending on the location where such injury occurs, interference or disruption of communication with emergency medical assistance is possible, resulting in rescue and medical treatment personnel not being immediately available to treat Participant—all of which described in this Agreement involve or could involve known and unknown or unanticipated risks that could result in physical or emotional injury, death, disability or other harm or damage to Participant, third persons and/or property. Participant acknowledges that despite any, all or no action taken to avoid the risks associated with the Experience, NVS cannot eliminate such risks, takes no responsibility for reducing, mitigating or eliminating such risks and Participant understands and expressly agrees without limitation, exception or reservation to fully and completely assume the risks associated with the Experience. The Experience is intended to be a safe and enjoyable experience for Participant and passengers, if any, but NVS’s employees, agents, guides and staff are not infallible and do not guaranty Participant’s safety, fitness or abilities, may misjudge weather or other environmental conditions, may give incomplete warning or instructions and the motor vehicle driven by Participant may be defective or otherwise malfunction.

3. Indemnification

Participant agrees to indemnify and hold harmless Releasees in the fullest and broadest sense under the applicable law, from any claim, loss, judgment, award, liability, damage, interest, fees and/or costs, including attorneys’ fees, they may incur arising out of or related in any way to Participant’s participation in the Experience, regardless of whether caused by the negligence of any Releasee(s) or otherwise. Whenever any claim shall arise for indemnification under this Agreement, the party entitled to indemnification (“Indemnified Party”) shall promptly provide written notice of such claim to the other party (“Indemnifying Party”). In connection with any demand for indemnification under this Agreement arising out of any claim of a person or entity who is not a party to this Agreement, the Indemnifying Party, at its sole cost and expense and upon written notice to the Indemnified Party, may assume the defense of any such claim with counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party shall be entitled to participate in the defense of any such claim, with its counsel and at its own cost and expense. If the Indemnifying Party does not assume the defense of any such claim, the Indemnified Party may, but shall not be obligated to, defend against such claim in such manner as it may deem appropriate, including, but not limited to, settling such claim, after giving notice of it to the Indemnifying Party, on such terms as the Indemnified Party may deem appropriate and no action taken by the Indemnified Party in accordance with such defense and settlement shall relieve the Indemnifying Party of its indemnification obligations in this Agreement provided with respect to any damages resulting therefrom. In the Experience the Indemnifying Party does not assume the defense of any such claim, the Indemnifying Party shall be deemed to have waived any right or claim challenging any amounts due and owing as a result of the resolution of such claim, whether by settlement, verdict or otherwise. The Indemnifying Party shall not settle any claim without the Indemnified Party’s prior written consent (which consent shall not be unreasonably withheld or delayed).

4. Insurance Required

Participant is responsible for any damage incurred in connection with the Experience. Participant must carry a form of full coverage insurance, including liability, comprehensive and collision, with a minimum liability coverage of $100,000 / $300,000 / $100,000. Proof of Participant’s valid minimum insurance coverage must be provided to NVS prior to participating in the Experience. Participant must submit his/her insurance Declaration Page showing:

• Insurance Company Name

• Insurance Policy Number

• Coverage Limits

If Participant currently maintains auto insurance for his/her personal vehicle, Participant may use such insurance to cover the motor vehicle during the Experience. However, it is Participant’s sole responsibility to ensure that he/she maintains adequate coverage and that such coverage extends to Participant’s use of NVS’s motor vehicles. If Participant’s auto insurance does not meet NVS’s minimum liability coverage requirements:

• Participant may purchase additional coverage from his/her auto insurance company prior to participating in the Experience

• Alternatively Participant may purchase insurance coverage directly from NVS

5. Driver Responsibility

Participant is financially responsible for: (a) any and all damage to any vehicle NVS issues for use in the Experience(s), (b) any insurance deductible required to be paid for any damage caused to the vehicle issued, or involved property, (c) the full amount of damage not covered by the insurance policy purchased by the Participant, which includes returning the damaged vehicle to its prior, undamaged and fully functioning condition, and (d) the loss of use of the damaged vehicle by NVS for the period of time the damaged vehicle is being repaired.

6. Driver Requirements

Motor vehicles for use in the Experience are available to Participants over the age of 23 with a valid driver’s license issued by a state or territory of the United States of America. Participant consents to NVS performing or directing the performance of a motor vehicle record (“MVR”) check to verify that Participant has an acceptable driving record with no major violations that would restrict in any way Participant from operating a motor vehicle on public roads.

Due to the size of NVS’s motor vehicles, certain driver height and weight restrictions may apply. Minors and passenger participants must legally be at least 14 years of age and permitted to sit in the front seat of any NVS motor vehicle.

7. Alcohol and Impairments

Alcohol, controlled substances, drugs or any substance that could impair Participant’s operation of a motor vehicle shall not be consumed by Participant or any passenger participant prior to participation in the Experience or at any time during the Experience. Participant shall be solely and completely liable for any damages claimed as to the motor vehicle driven by/assigned to Participant, other Participants or any third parties resulting from the use of any such substance.

8. Voluntary Choice

Participant willingly participates in driving or riding as a passenger in a motor vehicle of his/her own free will and not due to any duress or coercion whatsoever by anyone. Participant fully understands the purpose of the Experience is solely for entertainment and no other reason. Participant understands and agrees that part of the required consideration for being permitted to drive and/or ride in a motor vehicle is Participant’s satisfaction of all provisions of this Agreement.

9. Agreement to Follow All Instructions

Participant understands that NVS will provide a motor vehicle to drive and/or ride in as a passenger and Participant agrees to follow the instructions and rules given in advance at the driver’s meeting. Participant agrees to listen without interruption to all the instructions, which include, without limitation: how to operate the motor vehicle, staying with the lead driver at all times (unless given permission otherwise by NVS or the lead driver), where the designated routes and stops will be, how all equipment such as keys and radios should be returned at the end of the Experience, obeying all traffic laws, and driving behavior that is unacceptable and which will not be tolerated by NVS. In light of the nature of the activity involved in the Experience and for the safety of all participants, Participant understands and agrees that if he/she does not follow and obey any of the instructions relating to the Experience, Participant will be barred from participating in the Experience for the remainder of the day on which such failure to follow instructions occurs.

10. Photos and Videos

I hereby grant NVS permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of NVS and will not be returned. I hereby irrevocably authorize NVS to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge NVS from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf have or may have by reason of this authorization.

11. Training

Participant agrees that he/she will not drive and/or ride in a motor vehicle unless Participant has no reservations about driving and/or riding as a passenger, regardless of the extent of training given to Participant or the application of such training. Participant agrees that if he/she feels at any time during the Experience that he/she is no longer qualified or able to complete the Experience for any reason, Participant will inform NVS, and a decision will be made jointly by Participant and NVS regarding whether Participant will continue to participate in the Experience. PARTICIPANT AFFIRMS AND AGREES THAT EVERY TIME PARTICIPANT DRIVES AND/OR RIDES IN A MOTOR VEHICLE AS A PASSENGER, THE ACT OF DRIVING AND/OR RIDING IS CONCLUSIVE PROOF THAT PARTICIPANT’S ABILITY AND TRAINING WERE ADEQUATE FOR THE RISKS INVOLVED.

12. Condition of Personal Health

Participant represents that he/she is in good physical and mental health and is able to withstand the inherent stresses involved in the activities contemplated in this Agreement. Participant further represents that he/she is unaware of any health problems that could affect Participant’s ability to drive a motor vehicle and/or ride as a passenger in the Experience.

13. The Experience Is Not Ultra-Hazardous and Does Not Involve a Public Service

Participant represents that he/she understands that the Experience involves potentially dangerous activity that could result in personal injury, death and/or property damage to Participant, passenger participants or third parties, and notwithstanding such risks, Participant agrees the activities associated with the Experience are not ultra-hazardous when Participant exercises reasonable care and obeys all instructions and rules. Participant further agrees that the Experience does not involve activities for which Participant, NVS or any individual associated with the Experience should be held strictly liable. The Experience does not involve activities that serve the public good or which are in the public’s interest. Rather, the Experience is a recreational activity in which Participant knowingly and voluntarily participates for his/her own entertainment and enjoyment.

14. Opportunity to Consult Legal Counsel

Participant understands and agrees that he/she is in no way obligated to sign this Agreement or participate in the Experience. Participant understands and agrees that he/she may seek the advice of legal counsel, at Participant’s cost and expense, regarding the legal effects of this Agreement, prior to signing it. Participant agrees that any advice, suggestions or statements made by his/her legal counsel are not binding on NVS. Participant further agrees that any advice, suggestions or statements made by NVS are not binding on Releasees unless they are set forth in this Agreement.

15. Severability

In the Experience a court of competent jurisdiction determines that any provision of this Agreement is illegal or unenforceable, such illegal or unenforceable provision shall be considered to have been severed from this Agreement, and that the court’s determination shall not affect the validity or enforceability of the remaining provisions, all of which shall remain in full force and effect.

16. Binding Agreement

Participant agrees that this Agreement is binding upon Participant and inures to the benefit of the parties to this Agreement and their respective heirs, successors, assigns and personal representatives.

17. Controlling Law

This Agreement, including the interpretation and enforcement of it shall be construed under the laws of the state of California regardless of that state’s conflict of law rules. Any action arising out of this Agreement shall be filed in the appropriate state court in Napa County, California. The parties’ consent to exclusive personal jurisdiction in the state and federal courts in California as described herein.

18. Acknowledgement and Agreement

Participant acknowledges and agrees that he/she has read this Agreement and fully understands that he/she has given up substantial rights by signing it freely and voluntarily without any inducement, assurance or guaranty being made to Participant. By his/her signature below, Participant intends to completely and unconditionally release the Releasees from any and all liability to the greatest extent allowed by law.

If signing below as a parent of a minor or as a legal guardian, Participant acknowledges that he/she has read the foregoing Agreement and Participant agrees that the participant(s) named below, and Participant, as their parent or legal guardian, will be bound by the terms of this Agreement. PARTICIPANT UNDERSTANDS THAT DRIVING AND/OR RIDING IN A MOTOR VEHICLE CAN BE DANGEROUS AND THAT PARTICIPANT AND/OR PASSENGERS COULD BE SERIOUSLY INJURED, MAIMED OR KILLED.