LEGAL INFORMATION

TERMS AND CONDITIONS FOR ADMISSION, TICKETING, AND SEASON PASSES

(Including Minor Acknowledgment and Parental Consent)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

These Terms and Conditions ("Terms") contain important provisions, including assumption of risk, release of claims, mandatory arbitration, waiver of jury trial, class action waiver, and parental consent for minors. By purchasing, possessing, using, or redeeming a ticket or season pass, or by entering or remaining on park property, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms apply to all guests, including minors. A parent or legal guardian is responsible for accepting these Terms on behalf of any minor.

1. ASSUMPTION OF RISK

Amusement parks and recreational facilities involve inherent and other risks, including risks that cannot be eliminated without fundamentally altering the nature of the activity.

Each guest voluntarily assumes all inherent and other risks, whether known or unknown, associated with:

• The use of or participation in any amusement attraction, ride, device, show, game, water feature, or recreational activity
• Walking on park grounds, queues, decks, stairs, and common areas
• Weather conditions and the actions or omissions of other guests

These risks include, but are not limited to, bodily injury, emotional distress, property damage, permanent disability, or death.

2. ACKNOWLEDGMENT OF POTENTIAL INJURY

• Serious bodily injury or death may occur as a result of participation in attractions or activities
• Injuries may result from sudden movements, ride forces, collisions, slips, falls, equipment failure, weather conditions, or guest behavior
• The park cannot guarantee safety under all conditions

3. VOLUNTARY PARTICIPATION & HEALTH RESTRICTIONS

Participation in all attractions and activities is voluntary. Guests are responsible for determining whether they are physically and medically able to participate.

Guests should not participate if they have conditions including, but not limited to:

• Pregnancy
• Heart conditions
• Neck, back, or spinal conditions
• High blood pressure
• Motion sickness or other medical sensitivities

Guests must comply with all posted rules, instructions, warnings, height and health restrictions, and operator directions.

4. RELEASE AND WAIVER OF LIABILITY (ADULT GUESTS)

To the fullest extent permitted by applicable New Jersey and New York law, each adult guest releases and agrees not to sue:

• The park owner(s), operator(s), and lessee(s)
• Manufacturers, designers, distributors, and installers of rides or equipment
• All affiliated entities, officers, directors, employees, agents, contractors, and representatives

for any claim arising from personal injury, illness, disability, death, property loss, or ordinary negligence.

This release does not apply to gross negligence or willful misconduct where prohibited by law.

5. MINORS – PARENTAL ACKNOWLEDGMENT & CONSENT

By purchasing, accepting, or permitting use of a ticket or season pass for a minor, the Parent or Legal Guardian certifies that they have authority to accept these Terms and voluntarily permit the Minor to participate with full knowledge of the inherent risks.

The Parent/Guardian personally assumes all risks associated with the Minor’s participation to the fullest extent permitted by law.

6. INDEMNIFICATION

Each guest, and each Parent/Guardian on behalf of themselves, agrees to indemnify, defend, and hold harmless the released parties from all claims, damages, losses, and expenses arising from guest conduct, violations of these Terms, or minor participation.

7. MEDICAL AUTHORIZATION FOR MINORS

In the event of an emergency involving a Minor, the Parent/Guardian authorizes emergency medical treatment and agrees to be financially responsible if they cannot be reached.

8. MANDATORY ARBITRATION & WAIVER OF JURY TRIAL

Any dispute arising out of these Terms or park use shall be resolved exclusively by binding arbitration administered by the American Arbitration Association.

YOU AND THE PARK KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

All claims must be brought on an individual basis only. Class actions are waived.

9. SEVERABILITY

If any provision is found unenforceable, the remaining provisions shall remain in effect.

10. MODIFICATION OF TERMS

The park reserves the right to modify these Terms at any time. Updated Terms are effective upon posting.

11. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the guest and the park.

BY PURCHASING OR USING A TICKET OR SEASON PASS, OR BY ENTERING THE PARK, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS.

GIFT CARD STORED VALUE CARD TERMS AND CONDITIONS

Effective Date: 1-1-2026

These Gift Card Stored Value Card Terms and Conditions (the “Terms”) govern the purchase, use, and redemption of Gift Card stored value cards (“Gift Card(s)” or “Card(s)”) issued by IAM NJ WP, LLC, a New Jersey limited liability company, doing business as Diggerland USA (“Diggerland,” “IAM,” “we,” “us,” or “our”), for use at Diggerland USA locations in the State of New Jersey (the “Park”).

By purchasing, accepting, or using a Gift Card, you agree to be bound by these Terms.

1. Nature of Gift Card

Gift Card is a prepaid stored value product and is not a credit card, debit card, bank account, or other financial instrument. Gift Card has no cash value and is redeemable only for eligible goods and services at the Park, subject to these Terms and applicable New Jersey law.

2. Purchase and Activation

• Gift Card may be purchased online, at the Park, or through authorized sales channels.
• Gift Card is activated at the time of purchase or first use, as determined by IAM.
• The value purchased will be loaded to the Card balance upon activation.
• Except as required by law, all sales are final.

3. Redemption and Use Restrictions

• Gift Card may be redeemed only at participating Diggerland USA locations for eligible admissions, attractions, food and beverage, merchandise, rentals, and other items designated by IAM.
• Gift Card cannot be redeemed for cash, refunded, or exchanged, except where required by applicable law.
• Gift Card may not be used to purchase other gift cards or stored value products.
• IAM reserves the right to limit or exclude certain items or services from eligibility.

4. No Expiration; No Fees

In compliance with New Jersey law (including N.J.S.A. 56:8-110 et seq.):

• Gift Card does not expire.
• No dormancy, inactivity, maintenance, or service fees will be charged.

5. Balance Inquiries

Cardholders may check Gift Card balances at the Park or through other balance inquiry methods made available by IAM. The balance will be reduced with each authorized transaction until depleted.

6. Lost, Stolen, or Damaged Cards

Treat Gift Card like cash. Title and risk of loss pass to the purchaser upon delivery.

Lost, stolen, or damaged Cards will not be replaced unless proof of purchase and the remaining balance can be verified to IAM’s reasonable satisfaction. IAM is not responsible for unauthorized use of Gift Card.

7. Promotional and Bonus Gift Card

From time to time, IAM may issue promotional or bonus Gift Card subject to additional terms and conditions, which may include restrictions on redemption, eligible items, or promotional periods. Promotional Gift Card may be voided if obtained through fraud, misuse, or violation of applicable promotional rules.

8. Fraud, Misuse, and Suspension

To the extent permitted by law, IAM reserves the right to:

• Refuse, suspend, or cancel Gift Card balances if fraud, abuse, or violation of these Terms is suspected
• Limit quantities purchased or used per person or transaction
• Void Gift Card obtained through unauthorized or unlawful channels

If Gift Card is suspended or canceled due to fraud or misuse, any remaining balance may be forfeited as permitted by law.

9. Limitation of Liability

To the fullest extent permitted by law, IAM’s total liability relating to Gift Card shall not exceed the remaining balance on the Card at issue.

IAM shall not be liable for any indirect, incidental, consequential, or special damages arising from the purchase, possession, or use of Gift Card.

10. Disclaimer of Warranties

Gift Card is provided “AS IS” without warranties of any kind, express or implied, including implied warranties of merchantability or fitness for a particular purpose, except as required by New Jersey law.

11. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-law principles. Any action arising out of or relating to Gift Card shall be brought exclusively in the state or federal courts located within the State of New Jersey.

12. Changes to Terms

IAM reserves the right to amend or update these Terms at any time, subject to applicable law. Updated Terms will be posted at the Park, on Diggerland USA’s website, or at points of sale, and will apply prospectively.

13. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Contact Information

For questions regarding Gift Card or these Terms, please contact:

IAM NJ WP, LLC d/b/a Diggerland USA
100 Pinedge Drive
West Berlin, NJ 08091
856-768-1110

BY PURCHASING OR USING A GIFT CARD, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND CONDITIONS.