Terms Of Use

INTRODUCTION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING OR USING ANY OF OUR SERVICES, VISITING OUR PREMISES AND USING OUR WEBSITE.

IMPORTANT NOTICE – ARBITRATION; CLASS ACTION WAIVER; LIMITATION OF CLAIMS. THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND A WAIVER OF THE RIGHT TO A TRIAL BY JUDGE OR JURY. IT ALSO INCLUDES A CLASS ACTION / COLLECTIVE / REPRESENTATIVE ACTION WAIVER, MEANING THAT DISPUTES MUST BE BROUGHT ONLY ON AN
INDIVIDUAL BASIS. IN ADDITION, THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT CERTAIN CLAIMS AND REMEDIES, INCLUDING LIMITATIONS ON DAMAGES AND/OR THE TIME PERIOD IN WHICH A CLAIM MAY BE BROUGHT. BY SIGNING OR ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE
TERMS.
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If you have any questions or if there is anything you don’t understand please let us
know using the contact details in Section 2.2.

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THESE TERMS

1.1 Terms and Conditions; Applicability; Agreement. These terms and conditions
(together with any rules, notices, safety instructions, policies (including our Privacy
Policy), and other terms referenced herein) (collectively, the “Terms”) govern:

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(a) TOCA Social’s website(s) and any related online services, features, mobile
sites, applications, portals, or digital experiences through which TOCA Social offers
information, reservations, bookings, memberships, accounts, purchases, waivers, or
other services (“Websites”); and

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(b) Your access to and use of the premises we offer (“Premises”) and
participation in any and all activities on the Premises (including observation, waiting,
practice, participation, and departure) and any use of equipment, goods, or services
provided, rented, or made available by TOCA Social (collectively, “Activities”),
including any equipment used in connection with the Activities.
The Terms apply at all times you are using the Website and/or are on the Premises
or otherwise participating in the Activities, regardless of whether you pay a fee or are
accompanied by others.

1.2 Acceptance; Formation of Agreement. By accessing or using the Website,
creating an account, making a reservation or purchase, signing below, clicking to
accept, or otherwise entering the Premises or participating in any Activities, you
acknowledge and agree that you have read and understand these Terms and accept
and agree to be bound by them, and that the Terms constitute a legally binding
agreement between you and TOCA Social. If you do not agree, you must not use the
Website and must not enter the Premises or participate in the Activities. TOCA
Social may refuse access to the Premises or participation in the Activities to any
person who does not accept the Terms.

1.3 Minor Participants; Parent/Guardian Required. If you are under the age of
eighteen (18) (or the age of majority in the jurisdiction where the Activities occur),
you may not enter the Premises or participate in any Activities unless your parent or
legal guardian (“Guardian”) executes or accepts these Terms on your behalf. By
signing or accepting these Terms as a Guardian, you represent and warrant that you
are the Minor’s parent or legal guardian and have full legal authority to bind the
Minor and yourself to these Terms. The Guardian consents to the Minor’s
participation in the Activities and agrees that the Minor and the Guardian are bound
by all Terms, including, without limitation, the assumption of risk, release and waiver
of claims, indemnity, dispute resolution (including arbitration), limitations of liability,
and all other binding provisions. The Company may require reasonable proof of
guardianship and age as a condition of entry or participation.

1.4 Electronic Signatures. You agree that this Agreement and any related
consents, authorizations, disclosures, notices, and records may be provided and
executed electronically, and that your electronic acceptance (including click-through
acceptance) has the same legal effect as an ink signature.

ABOUT US CONTACT

2.1 TOCA Social. We are Active Entertainment Texas, LLC, a Delaware limited
liability company) (“TOCA Social”), our website is https://toca.social/us, and ‘we’,
‘us’, ‘our’ in these terms means us.

2.2 How to contact us. You can contact us through our customer service team
here, by calling us at 001 833 581 4370 or by writing to us at
grandscape.info@toca.social. How we may contact you. If we have to contact you,
we will do so by telephone or by writing to you at the email address or postal address
you provided to us in your order. When we use the words “writing” or “written” in
these terms it includes emails.

BOOKING REQUESTS

3.1 Booking Requests and Acceptance. You may request to book a game, event,
or other reservation (each, a “Booking”) through any channel TOCA Social makes
available, including in person, through the Website, or by telephone. Your request
constitutes an offer to purchase the applicable services on these Terms. The
Company will accept your Booking only when TOCA Social issues a written booking
confirmation to you (including by email, text message, or other written confirmation)
(the “Booking Confirmation”). Upon acceptance, we will provide you with a booking
reference number (the “Booking Reference”). Please include your Booking
Reference in communications with TOCA Social regarding your Booking.

3.2 Non-Acceptance; Errors; No Charge if Not Provided. We may decline or be
unable to accept a Booking request for any reason, including, without limitation, if we
are fully booked or at capacity for the requested time, if the requested services are
unavailable, or if we identify an error in pricing, availability, or the description of
services. If we do not accept your Booking request, we will not issue a Booking
Confirmation and will notify you that the request could not be accepted. We will not
charge you for services that are not provided, and if any payment was collected in
connection with an unaccepted Booking request, it will be refunded in accordance
with our then-current refund policy (as described on the Website or otherwise
provided to you at the time of the request).

3.3 Walk-Ins; No Guarantee of Availability. While we may accept walk-ins, we do
not guarantee that it can accommodate you or your party without an accepted
Booking, and capacity limitations may apply. If we cannot accommodate you for a
requested game/time slot, we may, in our discretion, offer alternative times,
locations, or areas of the Premises. TOCA Social makes no guarantee regarding the
availability of any services, time slots, specific areas, or the Premises generally.

OUR SERVICES

4.1 Illustrative Descriptions; Variations. Any descriptions, specifications, images,
videos, demonstrations, renderings, or other depictions of TOCA Social’s services,
Activities, Premises, or equipment that appear on the Website or other TOCA Social
“Technology” (including any booking platform, mobile experience, kiosk, digital
signage, email, or other digital communications) or in our marketing materials
(including social media) are provided for general informational and illustrative
purposes only. While we use reasonable efforts to describe and display its offerings
accurately, the actual services, experiences, and/or equipment made available to
you may differ or vary from what is depicted or described, including due to
availability, operational changes, maintenance, safety considerations, staffing,
weather, capacity constraints, or other factors. TOCA Social does not guarantee that
any service, experience, or equipment will match any particular description, image,
or video in every respect.

4.2 No Advice; No Reliance. Content made available through our Technology is
provided for general information only and does not constitute medical, safety, legal,
or other professional advice. You are solely responsible for evaluating the suitability
of any Activities or services for your circumstances. You should obtain appropriate
professional or specialist advice before participating in Activities or using services if
you have questions about health, physical condition, safety, or other risks. Your
safety obligations while on the Premises are addressed in the Health and Safety
section of this Agreement.

4.3 No Warranty as to Technology Content. Although we may update information
on our Technology from time to time, TOCA Social makes no representations,
warranties, or guarantees, whether express or implied, that any content on the
Technology is accurate, complete, current, or free from errors or omissions, and we
disclaim any duty to update such content except as required by applicable law.

PROVIDING THE SERVICES

5.1 Service Timing; Duration. If your Booking is accepted, we will use commercially
reasonable efforts to make the services available on the date and at the time stated
in your Booking Confirmation and to provide them until completion. Any stated or
estimated duration (including time allotments for a game/session) is an estimate
only, may vary, and is not a guarantee.

5.2 Your Group; Compliance. You are responsible for ensuring that each person in
your party or group (including any guests you invite or bring) is aware of and
complies with this Agreement, and all rules, policies, and safety instructions
applicable to the Premises and Activities. You are responsible for the conduct of your
party while on the Premises and while using any services or TOCA Social-provided
equipment.

5.3 Events Outside Our Control; Delays; Cancellation/Refund for Unprovided
Services. TOCA Social is not responsible for delays or failures to perform caused by

events outside our reasonable control (including, without limitation, weather, power
or internet outages, governmental actions, emergencies, labor disruptions,
supplier/vendor failures, or other force majeure events). If our performance is
materially affected by such an event, we will use reasonable efforts to notify you and
to mitigate the impact. Provided we do so, we will not be liable for delays or non-
performance caused by the event. If there is a risk of a substantial delay or
cancellation of your Booking, you may contact us to cancel, and you will be eligible
for a refund for services paid for but not received, subject to any applicable refund
policy and any non-refundable fees disclosed at purchase.

5.4 Information Needed to Provide Services; Check-In; Accuracy. To provide
services and administer Bookings, we may require certain information from you
(including, as applicable, your name, email address, telephone number, date of birth,
and your preferences or consents regarding data collection and use). Additional
details are described in the our privacy policy. We may require check-in at the
Premises using our terminals or other check-in processes. If you do not provide
required information within a reasonable time after request, or if you provide
incomplete, outdated, or inaccurate information, we may (a) delay, suspend, or
decline to provide some or all services, (b) cancel the Booking, (c) terminate this
Agreement as permitted herein, and/or (d) assess a reasonable additional charge to
cover incremental costs or rework caused by the incomplete or incorrect information,
to the extent permitted by applicable law. We are not responsible for providing
services late or not providing any part of the services to the extent caused by your
failure to provide required information in a timely and accurate manner.

5.5 Suspension of Services or Technology. We may from time to time suspend,
modify, limit, or discontinue the services, Activities, or our Technology (in whole or in
part) for operational, maintenance, safety, capacity, technical, security, or
improvement reasons, including to (a) address technical problems or perform
maintenance, (b) implement updates or enhancements, (c) reflect changes in
applicable law or guidance, or (d) respond to user needs or safety considerations.
Where reasonably practicable, we will provide advance notice if a suspension is
scheduled; however, urgent issues or emergencies may require immediate action
without notice.

5.6 Effect on Bookings During Suspension. If a suspension materially affects a
Booking, we will use reasonable efforts to notify you in advance (unless urgent or an
emergency) and to offer an alternative time or date, subject to availability. If we
cannot reasonably accommodate your Booking within a comparable timeframe, we
will provide a refund for services paid for but not received, subject to any applicable
refund policy and any non-refundable fees disclosed at purchase.

5.7 Non-Payment; Cancellation; Interest. If you fail to pay amounts due when
required, and you do not cure the non-payment promptly after notice or reminder we
may cancel your Booking and will notify you of the cancellation. To the extent
permitted by applicable law, we may also charge interest on overdue amounts at a
reasonable rate from the due date until paid in full, and may recover reasonable
costs of collection.

CHANGES TO BOOKINGS; CHANGES TO SERVICES/TECHNOLOGY;
UPDATES TO TERMS

6.1 Changes Requested by You. If you wish to change a Booking or any services
you have ordered (including, without limitation, adding or removing participants,
changing the time, date, duration, or service type), you must contact us. We will
advise whether the requested change can be accommodated. If the change is
available, we will inform you of any resulting adjustments to price, timing, duration,
capacity requirements, or other material terms, and the change will become effective
only after you confirm your acceptance and we issue an updated Booking
Confirmation (or other written confirmation). If the requested change cannot be
accommodated (for example, because a specific time slot is at capacity or otherwise
unavailable), your Booking will remain as stated in the original Booking Confirmation.
Any cancellation rights are governed by the cancellation section of this Agreement.

6.2 Changes to Services, Technology, and Terms. We may modify, suspend, or
update the services, the Premises experience, our Technology, and/or these Terms
from time to time, including to (a) reflect changes in applicable laws, regulations, or
guidance; (b) address security, safety, operational, or capacity needs; (c) implement
minor technical adjustments, bug fixes, or performance improvements; and/or (d)
make enhancements to features, processes, or offerings. When you use the
Website, enter the Premises, or participate in Activities, you are responsible for
reviewing the then-current Terms to understand what applies at that time.

6.3 Current Terms; No Implied Terms; Effective Date. These Terms are the
current terms governing your use of the Website, the Premises, and the services,
and no additional or implied terms apply except as required by applicable law. The
“Last Updated” date at the top of this document reflects the most recent revision
date.

6.4 Material Changes; Notice; Effect on Existing Bookings. If we make changes
that are reasonably likely to be material (including material changes to these Terms,
the Technology, or the services), we will use reasonable efforts to provide notice by
contacting you through your account (if any), the email address or phone number
associated with your Booking, or by posting notice on the Website. To the extent
permitted by applicable law, the updated Terms will be effective as of the stated
effective date in the notice and will apply going forward. If a material change
adversely impacts a Booking that has already been accepted and paid for, you may
contact us before the effective date of the change to cancel the affected Booking and
receive a refund for services paid for but not received, subject to any non-refundable
fees disclosed at purchase and any applicable refund policy.

ON-PREMISES RULES AND POLICIES; AGE RESTRICTIONS; CHECK-IN;
ARRIVAL; SMS NOTIFICATIONS; ON-SITE DISPLAYS

7.1 Compliance with Policies; Game Rules. While on the Premises, you and your
party must comply with all policies, procedures, posted notices, and rules in effect at
the time of your visit, including any game rules, safety rules, and code of conduct
requirements displayed on-site (collectively, “Rules”). Additional health and safety
information is addressed in the Health and Safety section of this Agreement. The
Company may make copies of certain Rules available on the Website; however,
posted on-site Rules and staff instructions control while you are on the Premises.

7.2 Minors; Adult Supervision; Age-Restricted Hours; ID. Individuals under
eighteen (18) years of age (“Minors”) may enter the Premises only if accompanied by
an adult at least eighteen (18) years of age, and the accompanying adult is

responsible for the Minor(s) and the group during the visit. In addition, we may
designate certain hours, days, areas, events, or experiences as 21+ only (including,
for example, after 8:00 p.m. Monday through Sunday, as posted or communicated by
TOCA Social), in which case all Minors must vacate the Premises by the applicable
time (or such earlier time as TOCA Social may reasonably require for operational or
safety reasons). We may permit Minors at other times (including, for example, all day
Sunday, as posted), subject to capacity, supervision, and other Rules. You may be
required to provide date-of-birth information when making a Booking, and we may
require valid government-issued photo identification for entry, service, and/or age
verification. We reserve the right to refuse entry or service to any person who cannot
provide satisfactory proof of age or otherwise fails to comply with applicable Rules.

7.3  Check-In; Acknowledgement at Terminals; Arrival; Late Arrivals. We may
require you (and/or members of your party) to check in upon arrival using our
terminals or other processes, including confirming agreement to comply with this
Agreement and all Rules then in force. Unless otherwise stated in your Booking
Confirmation, you should arrive at least twenty (20) minutes prior to your scheduled
start time to allow for check-in and any pre-activity instructions. If you expect to be
late, you should contact us as soon as reasonably practicable. If you or your party
are not ready to begin at the scheduled start time, we may, subject to availability and
operational constraints, reschedule your Booking to another time or date, shorten the
session, or treat the Booking as a no-show, in each case in accordance with TOCA
Social’s then-current policies.

7.4 SMS/Automated Messages; Opt-Out. We may send reminders and operational
messages in connection with your Booking, including by SMS/text message (for
example, a message approximately thirty (30) minutes before your booked time to
facilitate check-in). By providing a mobile number, you consent to receive automated
text messages (including messages with pre-generated content) related to your
Booking, account, and on-site operations. Message and data rates may apply. You
may opt out of receiving text messages at any time by following the opt-out
instructions included in the messages or otherwise contacting TOCA Social;
however, opting out may limit your ability to receive time-sensitive updates regarding
your Booking. Consent to receive automated text messages is not a condition of
purchase.

7.5 Assignments and On-Site Displays. Your assigned box number may be
provided at check-in or otherwise communicated to you. For operational and
wayfinding purposes, we may display your name (or a portion of it) and/or Booking
information on screens or signage on the Premises when your assigned area is
ready. You are responsible for ensuring that you and your party are prepared to
begin at the scheduled start time. We cannot guarantee that you will be able to
participate if you miss communications from us and/or miss your scheduled start
time.

7.6 Standards of Conduct; Remedies. If we reasonably determines that your
behavior, or the behavior of any person for whom you are responsible, (i) violates
this Agreement or any Rules, policies, or procedures (including game rules), (ii)
poses a safety or security risk, (iii) is disruptive, abusive, intoxicated, or otherwise
inappropriate, or (iv) otherwise falls below standards reasonably expected for guest
conduct, then we may take such action as it reasonably deems appropriate,
including (without limitation): (a) immediate temporary or permanent suspension or

revocation of your access to the Website, Premises, Technology, facilities, and/or
services; (b) removal from the Premises; (c) cancellation of Bookings (with refunds, if
any, determined in accordance with the applicable refund/no-show policies and to
the extent permitted by law); (d) charging for damage, cleaning, or other costs
caused by you or your party, to the extent permitted by applicable law; (e) pursuing
legal remedies, including recovery of reasonable costs and expenses arising from
your breach; and/or (f) disclosing information to law enforcement or other authorities
where we reasonably believe necessary or as required by law. We also reserve the
right to refuse service (including food and beverage service) to any person or group
as permitted by applicable law.

7.7 No Liability for Reasonable Enforcement Actions. To the fullest extent
permitted by applicable law, TOCA Social will not be liable for any loss,
inconvenience, or damages arising out of or relating to our reasonable exercise of
our rights under this Section (including removing guests, denying entry, canceling
Bookings, or suspending access), provided that nothing in this Agreement limits or
excludes liability to the extent such limitation or exclusion is prohibited by applicable
law (including, if applicable, liability for gross negligence or willful misconduct).

FILMING AND PHOTOGRAPHY

8.1 Recording on the Premises; Purposes. We may photograph, film, livestream,
and/or otherwise record you and members of your party in the public portions of the
Premises, including while participating in Activities and events (including via CCTV
and other security systems). We may do so for legitimate business purposes,
including (without limitation) providing action replays or other guest-facing features,
maintaining safety and security for guests, staff, equipment, and the Premises,
investigating incidents, preventing fraud or misuse, training and quality assurance,
marketing and promotional uses, and for other purposes described in our Privacy
Policy.

8.2 Consent and Release for Company Use. By entering the Premises and/or
participating in Activities, you grant TOCA Social and its affiliates, successors,
assigns, contractors, and licensees (collectively, the “TOCA Parties”) an irrevocable,
perpetual, worldwide, royalty-free right and license to record, photograph, and
capture your name, image, likeness, voice, appearance, and mannerisms
(collectively, “Likeness”) and to use, reproduce, modify, edit, publish, translate,
create derivative works from, distribute, perform, display, transmit, broadcast, and
otherwise exploit such recordings (including any photos, video, audio, or other
content and any works derived therefrom, the “Recordings”) in any and all media
now known or later developed, for any lawful purpose, including commercial and
promotional purposes, without compensation or credit to you, except where
prohibited by applicable law.

8.3 Ownership; Waiver; Release of Claims. All Recordings and all intellectual
property and other rights therein are and shall remain the sole property of TOCA
Social (or its designee). To the fullest extent permitted by applicable law, you waive
any rights of publicity, privacy, or similar rights you may have in connection with the
Recordings and our use thereof, and you release and forever discharge the TOCA
Parties from any and all claims, demands, causes of action, damages, losses,
liabilities, costs, and expenses arising out of or relating to the Recordings or any use
thereof, including claims for misappropriation, intrusion, false light, defamation, or infringement of any right of publicity or privacy, except to the extent such waiver or
release is prohibited by applicable law.

8.4 Opt-Out; Condition of Entry. If you do not agree to this Section or do not wish
to be recorded or to appear in Recordings, you must not enter the PPremises or
participate in Activities. We may, in its discretion and subject to operational and
safety constraints, offer alternative accommodations where practicable; however, we
do not guarantee that it can provide a recording-free environment.

8.5 Minors; Guardian Authorization. You represent that you are at least eighteen
(18) years old and have full authority to grant the rights and releases in this Section.
If you bring, supervise, or are otherwise responsible for a Minor, you represent and
warrant that you are the Minor’s parent or legal guardian (or have other lawful
authority) and that you have full legal authority to grant the rights and releases in this
Section on behalf of the Minor, and you agree that the Minor is bound by this Section
to the fullest extent permitted by applicable law. Additional information about TOCA
Social’s data practices, including CCTV and related processing, is described in the
Privacy Policy.

8.6 Guest Photography and Filming. You may take photographs or record video
on the Premises solely for your personal, non-commercial use, provided you do not
interfere with operations, staff instructions, safety procedures, or other guests’
enjoyment. You must not use any photographs, footage, or audio recorded on the
Premises for business, promotional, advertising, commercial, or other non-personal
purposes, and you must not record in any restricted areas (including restrooms,
locker/changing areas, staff-only areas) or in any manner that violates law or third-
party rights. We may require you to stop recording and/or to delete content captured
in violation of this Agreement, to the extent permitted by applicable law.

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OUR TECHNOLOGY

9.1 Technology Provided “As Available.” TOCA Social’s Website and other
Technology are made available for convenience and, unless expressly stated
otherwise, are provided without charge separate from any fees you pay for services.
The Company does not guarantee that the Technology (or any content on it) will
always be available, accessible, timely, accurate, or uninterrupted. The Company
may suspend, withdraw, discontinue, or restrict access to all or any portion of the
Technology for business, operational, maintenance, security, capacity, or other
reasons. Where reasonably practicable, TOCA Social will provide reasonable notice
of scheduled suspensions or material outages (including by posting an alert on the
Website or on-site terminals); however, urgent issues may require immediate action
without notice.

‍9.2 Third-Party Links. The Technology may contain links to third-party websites,
services, or resources. Such links are provided for convenience and informational
purposes only. The Company does not control, and is not responsible for, third-party
websites or resources, and does not endorse or approve them unless TOCA Social
expressly states otherwise. Your use of third-party sites is at your own risk and is
subject to the third party’s terms and policies.

‍9.3 User Content; Names/Nicknames; Leaderboards; Removal. The Technology
may permit you to submit or display information or content, such as player profiles,
names or nicknames, images, comments, and scores that may appear on
leaderboards or similar features (“User Content”). You are solely responsible for your

User Content and for ensuring it is lawful, appropriate, and non-infringing. User
Content is not reviewed, verified, or approved by us, and the views expressed by
users do not reflect TOCA Social’s views or values. If you wish to report or complain
about User Content (including offensive names/nicknames), please contact us. We
reserve the right, in our sole discretion, to remove, restrict, or disable access to any
User Content at any time if the we reasonably believe it violates this Agreement,
applicable law, or the our standards (including if we consider it offensive, abusive,
misleading, or inappropriate), without prior notice.

‍9.4 Security; Viruses; Your Responsibility. We do not guarantee that the
Technology will be secure or free from bugs, errors, viruses, or other harmful
components. You are responsible for configuring your devices, systems, and internet
connection to access the Technology and for using appropriate security protections,
including up-to-date antivirus/anti-malware software. To the fullest extent permitted
by law, we disclaim liability for damage or loss caused by distributed denial-of-
service attacks, viruses, or other technologically harmful material that may infect
your devices due to your use of the Technology.

9.5 Acceptable Use; Restrictions. You agree not to, and will not attempt to, directly
or indirectly: (a) reproduce, duplicate, copy, sell, resell, distribute, or commercially
exploit any portion of the Technology, the Premises, or the facilities except as
expressly permitted by us; (b) modify, adapt, translate, create derivative works from,
disassemble, decompile, reverse engineer, or otherwise attempt to derive source
code or underlying ideas from any part of the Technology, except to the extent such
restriction is prohibited by applicable law; (c) access, interfere with, damage, disrupt,
overload, or impair any part of the Technology, the Premises, or the facilities; (d)
misuse the Technology, including by knowingly introducing viruses, malware, or
other malicious or technologically harmful material; (e) attempt to gain unauthorized
access to any accounts, systems, networks, terminals, devices, or data connected to
the Technology, the Premises, or the facilities; or (f) use the Technology in a manner
that violates law, infringes rights, or otherwise violates this Agreement.

9.6 Linking to the Website. You may link to our home page for non-commercial
purposes, provided that you do so in a fair and lawful manner that does not harm
TOCA Social’s reputation or suggest any association, approval, or endorsement by
us where none exists. You must not: (a) frame the Website on any other site; (b) link
to the Website from a site you do not own or control; or (c) create links to internal
pages other than the home page without our prior written consent. We may withdraw
linking permission at any time without notice.

PRICE AND PAYMENT

10.1 Pricing; Promotions. The price for services, Activities, Bookings, and any
products or upgrades (collectively, “Charges”) will be the price in effect at the time
you place your order, as displayed on our Technology and/or TOCA Social’s then-
current price list, unless we have expressly agreed to a different price in writing. The
applicable price will be reflected in your order confirmation and/or Booking
Confirmation. We may change prices from time to time; any price changes apply only
to orders placed after the change takes effect. Discounts, promo codes, bundles,
and other promotional terms may be offered from time to time and are subject to any
additional terms disclosed on the Technology or at the time of purchase.

‍10.2 Taxes; Additional Fees. Posted prices generally do not include applicable
taxes. Taxes and any mandatory fees or charges (including, where applicable,
service fees, booking fees, or similar charges) will be disclosed to you prior to
completing your purchase and will be added to your total. Your total Charges,
including taxes and itemized fees, will be shown in your cart/checkout flow and in
your order confirmation.

10.3 Pricing Errors; Corrections; Order Cancellation. We use reasonable efforts
to display accurate pricing and availability; however, errors, inaccuracies, or
omissions may occur (including typographical errors and incorrect price or availability
information). We reserve the right to correct any errors, inaccuracies, or omissions at
any time and to adjust or cancel any affected orders or Bookings. If a pricing error
affects your order, We may (as applicable) (a) notify you of the correct price and give
you the option to proceed at the corrected price or cancel, or (b) cancel the
order/Booking and issue a refund for amounts paid for services not provided, in
accordance with applicable law and any refund policy.

10.4 When Payment Is Due; Payment Methods; Cashless Venue. Unless
otherwise stated in writing by us, payment for games/boxes/bays, Bookings, and any
pre-ordered online upgrades is due at the time you place your order. Separate terms
may apply to Events as described in the Events section of this Agreement. Food and
beverage purchases are generally due at the time of order, unless TOCA Social
offers you the option to open a tab, in which case the tab is due at the end of your
visit (or earlier upon request). We accept payment by credit or debit card and any
other payment methods identified on the Technology from time to time. The
Premises are a cashless venue.

10.5 Receipt or Billing Questions; No Interest During Good-Faith Dispute. If you
believe your receipt, invoice, or billing statement is incorrect, you must notify TOCA
Social promptly and provide reasonable details supporting the dispute. The
Company will investigate in good faith. No interest will accrue on amounts
reasonably disputed in good faith while the dispute is pending. Once resolved,
interest may accrue on any undisputed and correctly invoiced overdue amounts from
the original due date at a reasonable rate to the extent permitted by applicable law.

CANCELLATION; AMENDMENTS; ENDING THE AGREEMENT; REFUNDS

11.1 Standard Cancellation/Amendment Window. Subject to the additional
December policy below and any Event-specific terms, you may cancel a Booking or
request to amend group size, date, or start time no later than forty-eight (48) hours
before the scheduled start time and receive a refund in accordance with this Section
and TOCA Social’s refund policy (including any disclosed non-refundable fees, if
applicable).

11.2 December Peak Period Policy. Because December is a peak demand period,
cancellations and amendments to group size, date, or start time for Bookings
scheduled in December must be made at least fourteen (14) days prior to the
scheduled start time in order to be eligible for a refund, subject to any non-
refundable fees disclosed at purchase.

11.3 How to Cancel or Amend. To cancel or request an amendment to a Booking,
you must contact TOCA Social as soon as possible using the contact methods
identified in this Agreement (or otherwise provided on the Website). The applicable

deadline (48 hours in most months; 14 days for December Bookings) is measured
from the scheduled start time stated in your Booking Confirmation.

11.4 Late Cancellations/Amendments; Discretionary Rescheduling. If you
cancel or request an amendment after the applicable deadline, i.e., less than 48
hours before the scheduled start time (or less than 14 days before the scheduled
start time for December Bookings), you will not be entitled to a refund.
Notwithstanding the foregoing, we may, in its discretion, offer a rescheduled
time/date or other accommodation, subject to availability and any applicable policies;
any such accommodation is not guaranteed and does not create an ongoing
obligation to provide credits or refunds.

11.5 Good-Cause Termination; Refund for Unprovided Services. If you have a
good reason to end this Agreement based on Company action or circumstance as
described below, you may terminate this Agreement immediately by providing notice
to TOCA Social, and TOCA Social will provide a full refund for services that have not
been provided or have not been properly provided, to the extent required by
applicable law. Good reasons include: (a) a material change to the Terms; (b) if we
notify you of an error in the price or description of the services you booked, and you
elect not to proceed at the corrected terms; (c) if there is a material risk that the
services will be significantly delayed due to events outside our reasonable control,
and you elect to cancel as permitted by this Agreement; (d) we suspend the services
or Technology for technical reasons (or notifies you we will do so) for a continuous
period of more than forty-eight (48) hours, and the suspension materially affects your
ability to receive the purchased services; or (e) we have materially failed to perform
its obligations or otherwise materially breached this Agreement, as determined under
applicable law.
Approved refunds will be issued to the original payment method (or an alternative
method at TOCA Social’s reasonable discretion) within a reasonable time, subject to
payment processor timelines and any applicable policies disclosed at purchase.

EVENTS

12.1 Definition of “Event.” An “Event” means a booking for a special occasion (for
example, a birthday, corporate gathering, team event, or similar) where you reserve
a dedicated space on the Premises (including a box, a portion of the venue, or the
entire venue), and you identify the booking to us as an event (including through the
Events Team). Events are subject to this Events section and may be subject to
additional written terms provided by us (including an event order, statement of work,
banquet/catering agreement, or similar). Event cancellation and payment terms differ
from standard Bookings and supersede the standard cancellation provisions to the
extent of any conflict. Events must be booked in advance. The Company’s Events
Team may contact you to confirm details, including date/time, guest count, space
configuration, food and beverage selections, minimums, and other requirements.

12.2 Deposit; Invoicing; Payment Schedule. Unless otherwise agreed by us in
writing, an Event requires a non-refundable deposit equal to fifty percent (50%) of
the total estimated Charges for the Event (the “Event Deposit”). The Event Deposit
must be paid in full no later than six (6) weeks prior to the scheduled Event start
date. We will invoice you for the Event Deposit and, if applicable, for subsequent
installments and/or the remaining balance. Payment is due upon invoice issuance (or
as otherwise stated on the invoice) and, in all cases, the Event Deposit must be paid by the deadline above. Pricing, taxes, fees, and payment methods are governed by
the Pricing/Payment section of this Agreement and any invoice terms, to the extent
consistent with applicable law.

12.3 Event Cancellation; Rescheduling; Deposit Application. If you cancel an
Event, the Event Deposit is non-refundable. In addition, the following applies unless
otherwise agreed in writing:

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(a) Cancellation/Rescheduling 30+ Days in Advance. You may cancel or request
to reschedule an Event by providing notice at least thirty (30) days prior to the
scheduled Event start date. If you reschedule with at least 30 days’ notice, the Event
Deposit may be applied to a rescheduled Event date, provided the rescheduled
Event occurs within six (6) months of the original scheduled Event date. If the Event
Deposit is not used within that six-month period, it is forfeited and retained by us.

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(b) Cancellation/Rescheduling Less Than 30 Days. If you cancel or reschedule
less than thirty (30) days before the scheduled Event start date, you are responsible
for the full remaining balance of Charges for the Event, including any applicable food
and beverage minimums, catering commitments, or other contracted third-party
costs. Because the Premises are indoors, this policy applies regardless of weather
conditions, except as expressly provided below for events outside our control.

12.4 Events Outside Company Control. If an Event cannot proceed due to an
event outside TOCA Social’s reasonable control (as described in the delays/force
majeure provision), you may elect to (i) apply the full Event Deposit to a rescheduled
Event date, or (ii) receive a refund of the Event Deposit, unless prohibited or
modified by applicable law or by non-refundable third-party costs disclosed to you in
advance.

12.5 Rescheduling; Mitigation; Additional Costs. If you request to reschedule an
Event, any deposit application, credits, or amounts due may depend on our ability to
resell the reserved Event space and time and any additional costs incurred (including
staffing, vendors, or catering commitments). We may require an updated event order
and may adjust pricing based on the rescheduled date, availability, and then-current
pricing.

12.6 Conduct; Right to Refuse Admission and Cancel. We reserves the right to
refuse admission, remove guests, and/or cancel an Event at any time if we
reasonably determines that you or any guest is violating this Agreement, the Rules,
or standards of conduct (including behavior that is unsafe, disruptive, abusive, or
otherwise inappropriate). If an Event is canceled for cause under this Section,
refunds (if any) will be determined in accordance with applicable law and our
policies, and you remain responsible for any Charges and costs incurred prior to
cancellation and any non-cancelable commitments.

TOCA SOCIAL’S TERMINATION RIGHTS; REFUNDS; COMPENSATION;
DISCONTINUATION OF SERVICES

13.1 Termination for Your Breach. We may terminate this Agreement (and/or
cancel any Booking or Event) by written notice to you if you materially breach this
Agreement, including, without limitation, if: (a) you fail to pay amounts when due and
you do not cure the non-payment within a reasonable time after we provide a
reminder or notice that payment is overdue; or (b) you fail, within a reasonable time
after request, to provide information reasonably necessary for us to provide the services or administer your Booking/Event (for example, a valid email address or
other required contact or check-in information).

‍13.2 Refunds; Reasonable Costs. If we terminate this Agreement under this
Section, we will refund amounts you paid in advance for services that have not been
provided; however, we may deduct from any refund (or charge you, if applicable)
reasonable compensation equal to the net costs, losses, and expenses we incur as a
result of your breach (including, as applicable, cancellation fees imposed by vendors,
staffing costs, reserved capacity that cannot be resold, and administrative costs), to
the extent permitted by applicable law and consistent with any disclosed policies.

‍13.3 Discontinuation of Services. We may decide to stop offering certain services,
Activities, or Technology features. We may provide written notice to you that it will
discontinue services. Except in an emergency, for safety reasons, or due to
unforeseen circumstances, we will use reasonable efforts to provide at least fourteen
(14) days’ advance notice before discontinuing services that materially affect an
existing Booking or Event, and we will refund amounts paid in advance for services
that will not be provided, subject to applicable law and any non-refundable third-party
costs disclosed to you in advance.

HEALTH AND SAFETY

14.1 Disclosures; Allergies; Sensory Conditions. If you or anyone in your party
has allergies, dietary requirements, or other sensitivities that may be relevant to food
and beverage service, you must notify us both at the time of booking and upon
arrival. The Premises may include flashing lights, screens, and amplified sounds;
guests with epilepsy, photosensitivity, or other conditions triggered by light or sound
should notify us before visiting and should take appropriate precautions.

14.2 Fitness to Participate; Assumption of Risk. Participation in the Activities
requires physical exertion and may involve sporting movements and contact with
moving balls and equipment. You represent that you (and each member of your
party who participates) are physically fit and able to participate safely, and you
acknowledge and agree that participation is at your and your party’s own risk,
consistent with the Assumption of Risk provisions of this Agreement.

‍14.3 Minors; Supervision; Authority. All Minors must be supervised at all times by
a responsible adult. If you bring or supervise a Minor and you are not the Minor’s
parent or legal guardian, you represent that you have the parent’s/guardian’s
permission for the visit and that the parent/guardian has been made aware of, and
agreed to, these Terms, including the safety rules and releases, to the fullest extent
permitted by law.

‍14.4 Rules of the Game; Staff Instructions; Security. For everyone’s safety and
enjoyment, you and your party must comply with all safety instructions, security
procedures, and “Rules of the Game” communicated by TOCA Social’s staff
(including “Playmakers”), the Technology, signage, and posted notices. Rules will be
explained before play begins and are posted throughout the Premises. We may
refuse admission, require a guest to leave, and/or cancel a Booking or Event if a
guest fails to comply with Rules or staff instructions. WE may conduct security
screenings or searches as a condition of entry, to the extent permitted by law.

‍14.5 Responsible Conduct; Intoxication; Removal. We may decline to honor a
Booking and/or remove any guest who, in our reasonable judgment, is intoxicated,
under the influence of drugs, violent, threatening, disruptive, irresponsible, or otherwise creates a safety risk or nuisance, or appears to be involved in conduct that
may constitute a criminal or civil offense.

‍14.6 Footwear and Ball Control; Turf Staining; Personal Property. Appropriate
footwear is required to participate safely. We may offer footwear rentals (e.g.,
through a “Boot Room”) and may refuse participation if footwear is unsafe or
unsuitable. Even with proper footwear, risks remain, including multiple balls in play;
guests must keep balls under control and must not kick irresponsibly. The playing
surface/turf may stain footwear (particularly light-colored shoes). You are responsible
for your choice of footwear and personal items. To the fullest extent permitted by law
and subject to any non-waivable obligations, we are not responsible for staining or
damage to clothing, footwear, or personal property. You are responsible for
safeguarding personal property and should not leave items unattended. If you
believe you have lost property, contact us promptly.

‍14.7 Emergencies; Evacuation. You and your party must follow all directions given
by TOCA Social personnel relating to health and safety, including evacuation
instructions and emergency procedures.

ASSUMPTION OF RISK; DISCLAIMER; RELEASE; LIMITATION OF LIABILITY;
INDEMNITY; SURVIVAL

‍15.1 Assumption of Risk. You acknowledge that the Activities involve inherent and
other risks, hazards, and dangers, whether known or unknown, that may result in
property damage, personal injury, illness, disability, paralysis, death, and other
losses. These risks include, without limitation: slips, trips, and falls; collisions with
persons, vehicles, equipment, structures, fixed or natural objects; errant balls or
other projectiles; uneven, wet, or otherwise hazardous surfaces and conditions;
weather and environmental conditions; equipment malfunction, misuse, or improper
fit; acts or omissions of other participants, invitees, or third parties; and the
negligence of the Released Parties (defined below), except to the extent prohibited
by applicable law. You voluntarily and knowingly elect to participate in the Activities
and assume all risks arising from or related to the Activities, including risks arising
from the condition of the Premises and any equipment provided by us, whether
arising before, during, or after participation. You acknowledge that you have had the
opportunity to inspect the Premises and any TOCA Social-provided equipment, to
ask questions, and to decline participation, and that you are solely responsible for
determining your fitness to participate and for using any equipment safely and in
accordance with instructions.

‍15.2 Disclaimer. THE ACTIVITIES, PREMISES, FACILITIES, THE
WEBSITE/TECHNOLOGY, AND ANY EQUIPMENT, GEAR, OR OTHER
PROPERTY PROVIDED OR MADE AVAILABLE BY THE COMPANY ARE
PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE OTHER
RELEASED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, SAFETY, QUALITY, WORKMANLIKE
CONDITION, AND/OR FREEDOM FROM DEFECTS, AND ANY WARRANTIES
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT
LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR
WARRANT THAT (A) THE PREMISES OR ANY PORTION THEREOF WILL BE

SAFE, SUITABLE, OR FREE FROM HAZARDS; (B) THE ACTIVITIES WILL BE
UNINTERRUPTED, ERROR-FREE, OR RISK-FREE; (C) ANY EQUIPMENT
PROVIDED WILL BE IN GOOD WORKING ORDER, PROPERLY MAINTAINED,
SANITIZED, OR FITTED FOR YOUR USE; OR (D) ANY INSTRUCTION,
GUIDANCE, OR SUPERVISION PROVIDED BY THE COMPANY WILL PREVENT
INJURY OR LOSS. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON
ANY STATEMENT OR WARRANTY BY THE COMPANY OR ANY RELEASED
PARTY, WHETHER ORAL OR WRITTEN, EXCEPT AS EXPRESSLY SET FORTH
IN THIS AGREEMENT.

15.3 Release of Liability. To the fullest extent permitted by applicable law, you, on
behalf of yourself and your heirs, executors, administrators, personal
representatives, successors, and assigns, hereby release, waive, and forever
discharge TOCA Social and its past, present, and future parents, subsidiaries,
affiliates, owners, officers, directors, managers, members, employees, agents,
contractors, volunteers, insurers, and representatives (collectively, the “Released
Parties”) from any and all claims, demands, causes of action, damages, losses,
liabilities, costs, and expenses (including reasonable attorneys’ fees) of any kind,
whether in law or equity, whether known or unknown, suspected or unsuspected,
arising out of or related to your participation in the Activities or presence on the
Premises, including, without limitation, claims for bodily injury, death, property
damage, emotional distress, economic loss, and loss of consortium, including claims
arising from the negligence of any Released Party, except to the extent such release
is void or unenforceable under applicable law (including, without limitation, for gross
negligence, willful misconduct, or other non-waivable conduct, if applicable).

15.4 Limitation of Liability and Damages. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY
OTHER RELEASED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS
OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION,
DIMINUTION IN VALUE, OR COST OF SUBSTITUTE GOODS OR SERVICES,
ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE
WEBSITE/TECHNOLOGY, THE ACTIVITIES, YOUR PRESENCE ON OR USE OF
THE PREMISES, OR ANY COMPANY-PROVIDED EQUIPMENT, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
WARRANTY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
AGGREGATE LIABILITY OF THE COMPANY AND THE OTHER RELEASED
PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE
WEBSITE/TECHNOLOGY, THE ACTIVITIES, YOUR PRESENCE ON OR USE OF
THE PREMISES, OR ANY COMPANY-PROVIDED EQUIPMENT WILL NOT
EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO THE
COMPANY FOR WEBSITE SERVICES, BOOKINGS, OR ACCESS TO OR
PARTICIPATION IN THE ACTIVITIES DURING THE SIX (6) MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B)
US $100. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY LIMITED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION
LIMITS OR EXCLUDES LIABILITY TO THE EXTENT SUCH LIMITATION OR

EXCLUSION IS PROHIBITED BY APPLICABLE LAW, INCLUDING, IF
APPLICABLE, LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT,
OR FRAUD.

15.5 Indemnity. You agree to indemnify, defend, and hold harmless the Released
Parties from and against any and all claims, liabilities, damages, losses, and
expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your
participation in the Activities or presence on the Premises; (b) your breach of this
Agreement or any applicable Website Terms; or (c) your acts or omissions on or in
connection with the Premises, the Activities, or the Technology, including any claim
brought by or on behalf of any third party.

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‍15.6 Broad Interpretation; Survival; Severability. This Section is intended to be
interpreted broadly, to the maximum extent permitted by applicable law, and shall
survive termination or expiration of this Agreement and completion of the Activities. If
any portion of this Section is held invalid or unenforceable, the remaining portions
shall continue in full force and effect to the maximum extent permitted by law.

HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 How we will use your personal information. We will use the personal information
you provide to us to: (a) provide the services to you; (b) process your payment for
such services; and (c) if you agreed to this during the order process, to inform you
about similar products and services that we provide, but you may stop receiving
these communications at any time by contacting us, and for further information
please see our Privacy Policy.  We will only give your personal information to third
parties where the law either requires or allows us to do so.

INTELLECTUAL PROPERTY; LICENSE; PERMITTED USES; RESTRICTIONS

17.1 Ownership; Trademarks. All trademarks, service marks, trade names, logos,
and brand features displayed on or in connection with the services or the Technology
(including any registered marks owned by TOCA Social or its affiliates) are the
property of TOCA Social and/or its licensors. Except as expressly permitted in this
Agreement, you may not use any such marks without TOCA Social’s prior written
consent.

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‍17.2 Company Materials and Technology. All intellectual property rights in and to
the services, the Technology, and all content and materials made available through
them (including text, software, interfaces, graphics, photographs, video, audio,
designs, and compilations) are owned by TOCA Social and/or its licensors and are
protected by applicable intellectual property laws and treaties. All rights not expressly
granted are reserved. You must not remove, obscure, or alter proprietary notices,
author attributions, or other rights notices appearing on the Technology or in
Company materials, and you must acknowledge TOCA Social (and any identified
contributors) as the author(s) of content where such attribution is provided.

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‍17.3 Limited License to You. Subject to your compliance with this Agreement, we
grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable,
royalty-free license to access and use the Technology and related content solely for
your personal, non-commercial use and solely as necessary to receive and use the
services and participate in the Activities.

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‍17.4 Permitted Personal Copies. You may print a single copy of, and download
limited extracts from, pages of the Website for your personal, non-commercial use,provided you do not modify the materials, you keep all copyright and proprietary
notices intact, and you do not use images, video, audio, graphics, or other content
separate from accompanying text or context.

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‍17.5 Commercial Use Prohibited; Termination for Misuse. You may not use any
portion of the services, Technology, or Company content for any commercial
purpose without an express written license from TOCA Social or the applicable
licensor. If you copy, print, download, distribute, or otherwise use the Technology or
Company materials in breach of this Agreement, your right to use the Technology
will automatically terminate, and you must, at TOCA Social’s option, promptly return
or destroy any copies of the materials you made or retained.

DISPUTE RESOLUTION; BINDING AAA ARBITRATION; CLASS ACTION
WAIVER

18.1 Agreement to Arbitrate; Scope. Any dispute, claim, or controversy arising out
of or relating to this Agreement, the Website/Technology, the Activities, your
presence on or use of the Premises, or any equipment or services provided by
TOCA Social (including the interpretation, validity, formation, performance, breach,
termination, enforceability, or scope of this arbitration provision, and including any
claim sounding in contract, tort, statute, or equity) (each, a “Dispute”) shall be
resolved exclusively as set forth below.

18.2 Informal Resolution; Notice. Before initiating arbitration, the party asserting a
Dispute must provide the other party written notice describing the nature and basis of
the Dispute and the relief sought. The parties will attempt in good faith to resolve the
Dispute informally for at least thirty (30) days after receipt of the notice, unless a
shorter period is required to seek emergency relief.

18.3 Binding Arbitration; AAA; Rules. If the Dispute is not resolved informally, it
shall be resolved by final and binding arbitration administered by the American
Arbitration Association (“AAA”) under the AAA rules then in effect applicable to the
Dispute (including the AAA Consumer Arbitration Rules if applicable) (the “Rules”),
as modified by this Section. Judgment on the award may be entered in any court of
competent jurisdiction.

18.4 Commencing Arbitration; Fees. A party may commence arbitration by
submitting a demand to AAA and providing a copy to the other party in accordance
with the Rules. Unless the Rules require otherwise, the initiating party shall advance
filing fees. Allocation and shifting of fees and costs (if any) shall be determined by
the arbitrator in accordance with the Rules and this Agreement, subject to any non-
waivable consumer protections under applicable law.

18.5 Seat; Venue; Language; Hearing Format. The seat (legal place) of arbitration
shall be Dallas, Texas, and the arbitration shall be conducted in English. The
arbitrator may conduct hearings by videoconference or telephone when appropriate
and may decide the Dispute on written submissions where permitted under the Rules
(including any applicable expedited procedures), unless the arbitrator determines
that an in-person hearing is necessary.

18.6 Arbitrator; Authority. The arbitration shall be conducted before one (1) neutral
arbitrator appointed in accordance with the Rules. The arbitrator shall have exclusive
authority to resolve the Dispute, including threshold issues of arbitrability and
enforceability of this arbitration provision, except that a court of competent
jurisdiction may decide (i) whether a Dispute may be brought in small claims court and (ii) requests for injunctive relief as set forth below. The arbitrator shall apply
applicable substantive law and may award any relief available in court, subject to the
limitations and exclusions in this Agreement.

18.7 Class/Representative Action Waiver. To the fullest extent permitted by law,
the parties agree that each may bring Disputes only in an individual capacity, and not
as a plaintiff or class member in any purported class, collective, consolidated,
representative, or private attorney general action. The arbitrator shall not have
authority to consolidate claims or award relief on a class, collective, representative,
or public injunctive basis. If this waiver is found unenforceable as to a particular
claim or request for relief, then that claim or request (and only that claim or request)
shall be severed and may be brought in a court of competent jurisdiction, and the
remaining claims shall be arbitrated.

18.8 Small Claims; Injunctive Relief. Either party may elect to bring an individual
claim in small claims court if it qualifies and remains in such court. Notwithstanding
the foregoing, either party may seek temporary, preliminary, or emergency injunctive
relief from a court of competent jurisdiction to preserve the status quo pending
arbitration; such request shall not be deemed a waiver of the obligation to arbitrate.

18.9 Confidentiality. Unless prohibited by law, the parties shall maintain the
confidentiality of the arbitration, including hearings, submissions, and the award,
except as necessary to pursue or defend the Dispute, comply with law, or enforce
the award.

18.10 Time Limits. Any arbitration demand must be filed within the time limits that
would apply if the Dispute were brought in court, including any applicable statute of
limitations, and subject to any contractual limitation-of-claims provision in this
Agreement to the extent enforceable.

18.11 Survival; Severability. This arbitration provision shall survive termination or
expiration of this Agreement and your participation in the Activities. If any portion of
this provision is held invalid or unenforceable, it shall be severed and the remainder
shall be enforced to the maximum extent permitted by law.

OTHER IMPORTANT TERMS

19.1 Assignment. You may not assign, transfer, or delegate any of your rights or
obligations under this Agreement without TOCA Social’s prior written consent, and
any attempted assignment or delegation in violation of this Section is null and void.
No assignment relieves you of any obligation under this Agreement. The Company
may assign this Agreement (in whole or in part) without your consent, including to an
affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

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19.2 No Waiver. No failure or delay by TOCA Social in exercising any right, remedy,
power, or privilege under this Agreement will operate as a waiver, and no single or
partial exercise of any right will preclude any other or further exercise of that or any
other right.

‍
19.3 No Third-Party Beneficiaries. This Agreement is solely between you and
TOCA Social. Except as expressly provided regarding the Released Parties and
Company Parties, there are no third-party beneficiaries to this Agreement, and no
other person has any right to enforce any term of this Agreement.

19.4 Severability. If any provision of this Agreement is held unlawful, void, or
unenforceable, that provision will be severed and enforced to the maximum extent
permitted by law, and the remaining provisions will remain in full force and effect.

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19.5 Cumulative Rights; Enforcement. The Company’s rights and remedies under
this Agreement are cumulative and in addition to any rights and remedies available
at law or in equity. If TOCA Social does not insist immediately that you perform any
obligation under this Agreement, or delays taking action in response to a breach, that
will not waive TOCA Social’s right to enforce this Agreement later.

‍
19.6 Notices. You agree that TOCA Social may provide notices and communications to you electronically (including by email, SMS/text message, in-app
notice, or posting on the Website/Technology). Notices to TOCA Social must be sent
to the contact information specified in this Agreement or otherwise posted on the
Website for legal notices. Notices are deemed received when sent, except where
applicable law provides otherwise.

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19.7 Entire Agreement; Order of Precedence. This Agreement (together with any
incorporated Website Terms, policies, rules, Booking Confirmations, Event orders,
and invoices expressly referenced herein) constitutes the entire agreement between
you and TOCA Social regarding its subject matter and supersedes all prior or
contemporaneous communications, representations, or agreements, whether oral or
written. In the event of a conflict, the following order of precedence applies unless
expressly stated otherwise: (i) any written Event order or invoice terms specific to an
Event, (ii) a Booking Confirmation specific to the transaction, (iii) this Agreement, and
(iv) incorporated erms/policies, in each case to the extent not prohibited by
applicable law; provided that the arbitration/class waiver provisions apply as stated in
this Agreement unless expressly superseded in a signed writing by TOCA Social.

‍
19.8 Relationship of the Parties. Nothing in this Agreement creates any
partnership, joint venture, employment, agency, or fiduciary relationship between you
and TOCA Social. You may not hold yourself out as having authority to bind TOCA
Social.

‍
19.9 Headings; Interpretation. Headings are for convenience only and do not affect
interpretation. The words “including” and “without limitation” are illustrative and do
not limit the scope of the related language. If this Agreement is translated, the
English version controls to the extent permitted by law.

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19.10 Governing Law. This Agreement, and any dispute, claim, or controversy
arising out of or relating to this Agreement, the Website/Technology, the Activities,
your presence on or use of the Premises, or any equipment or services provided by
TOCA Social, shall be governed by and construed in accordance with the laws of the
State of Texas, without regard to any conflict or choice of law principles that would
result in the application of the laws of any other jurisdiction.

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