RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual identified below (referred to as “Participant,” “I,” or “me”) desires to participate in the activity or event specified below (the “Activity”) which is organized and hosted by (or otherwise associated with) Top Shot Community (the “Host”) and associated with third parties Dapper Labs Inc. (the “Company”), the National Basketball Association (NBA), its member teams, NBA Media Ventures, LLC, NBA TV, LLC, and NBA Properties, Inc. (“NBA Entities”). As lawful consideration for being permitted by the Host and the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).

I am aware and understand that there may be certain risks associated with participation in the Activity. I expressly assume the risk that I may be exposed to hazards and risks foreseen and unforeseen including, but not limited to, the risk of serious personal injury, emotional injury, death, property damage, the Harms (as defined below), the Carrier Risk (as defined below) and all other harms, risks and dangers associated with COVID-19 (as defined below). I acknowledge that any harms or injuries that I sustain may occur by natural causes or activities, actions or inactions of other persons, other participants, or other third parties, either as a result of negligence or because of other reasons.  These injuries may be compounded by negligent emergency response or rescue operations of the Host and/or the Company, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”). I understand, acknowledge, and accept these risks, and none of the Releasees has tried to conceal, contradict or minimize my understanding of these risks. I acknowledge that I am voluntarily participating in the Activity with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of the Releasees or otherwise. ACTIVITY: Community festivities.

I, ON BEHALF OF MYSELF AND MY PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN, HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASEES THAT MAY ARISE OUT OF OR BE ATTRIBUTABLE TO THE ACTIVITY (INCLUDING, BUT NOT LIMITED TO PERSONAL/EMOTIONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, THE HARMS, THE CARRIER RISK, AND ALL OTHER HARMS, RISKS AND DANGERS ASSOCIATED WITH COVID-19), WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES, THE INHERENT RISKS ASSOCIATED WITH THE ACTIVITY, OR OTHERWISE. I WILL NOT MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASEES, AND FOREVER RELEASE AND DISCHARGE THE RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. I FURTHER ACKNOWLEDGE AND AGREE THAT THE RELEASEES SHALL NOT BE RESPONSIBLE FOR, AND I HEREBY EXPRESSLY RELEASE THEM FROM ANY CLAIMS FOR NEGLIGENCE OR OTHERWISE WITH RESPECT TO, THE SELECTION OF ANY THIRD PARTY VENDOR(S) USED IN CONNECTION WITH THE ACTIVITY (INCLUDING FOOD VENDORS AND TRANSPORTATION VENDORS), AS WELL AS THE ACTIONS OR INACTIONS OF ANY SUCH VENDOR. IF I DECIDE TO LEAVE THE ACTIVITY EARLY AND DO NOT COMPLETE THE ENTIRE ACTIVITY, I ASSUME ALL RISKS ASSOCIATED WITH MY DECISION TO LEAVE AND WAIVE ALL LIABILITY (EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR ANY OTHER PARTY) AGAINST THE RELEASEES ARISING FROM MY DECISION.

I represent and warrant that if I am under the age of 18, I shall be accompanied on the Activity by a parent or my legal guardian who shall be responsible for my actions and my safety and welfare throughout the course of the Activity. I acknowledge that I am capable of procuring my own independent insurance, at my own cost and expense, covering me against any claim for personal liability or property damage I may make, to compensate me for any injury or harm I may incur while participating in the Activity.I acknowledge and agree that should I consume alcohol during the Activity I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. I hereby expressly grant the Host and/or the Company, at the Company’s sole discretion, the right to have me removed from the venue or location of the Activity if, in the opinion of the Company or its representative, I am intoxicated, unruly or could present a danger to myself, others or the venue or location of the Activity. I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol during the Activity.

I represent and warrant that I have had no medical or health issues or problems that might interfere with, or otherwise indicate that I should not participate in, the Activity, and I know of no other reason (medically-related or otherwise) why I should not participate in the Activity. I fully understand and agree that my participation in the Activity may lead to exposure to the extremely contagious COVID-19 coronavirus disease and any mutations and/or derivatives thereof together with any infections or other illnesses related thereto or resulting therefrom (collectively, “COVID-19”) and that contraction of COVID-19 can result in severe and permanent damage to my health and/or others and other harms and lost opportunities, whether economic, reputational or otherwise (collectively, the “Harms”). I acknowledge that even if I full recover from COVID-19, a brief or prolonged illness may cause me to suffer one or more of the Harms. Further, I fully understand and acknowledge that my participation in the Activity may contradict the guidelines issued by the Center for Disease Control and Prevention (the “CDC”) and other regulatory and self-regulatory organizations and governmental entities and cause the Harms. I fully understand and agree that if (a) I contract COVID-19 or (b) I become, or one of my possession becomes, a carrier of COVID-19 in connection with the Activity, I (even if I do not exhibit any of the symptoms of COVID-19) will put all other individuals (including, without limitation, my friends, colleagues and family members) with whom I interact or am in contact with in connection with or following the Activity at risk of contracting COVID-19, suffering the Harms, and transporting COVID-19 to other individuals with whom they interact (such risk, the “Carrier Risk”).

I acknowledge and understand that the Host and/or the Company has not tested any of the participants, attendees, service providers and/or any other individuals who will be present at the Activity for antibodies or active infections associated with COVID-19. I acknowledge and agree that I am participating in the Activity voluntarily and am fully aware of, and hereby assume, the risk of exposure to COVID-19 associated with such participation and the exceptional dangers and health risks associated therewith, including, but not limited to, the Harms, the Carrier Risk, and all other dangers, harms and risks involved in the my participation in the Activity due to the global COVID-19 pandemic. I acknowledge that any food, beverages or other consumables, equipment and hospitality, lodging, travel or other accommodations provided or arranged by or on behalf of the Company and/or secured by me in connection with the Activity may directly or indirectly expose me to COVID-19, the Harms and the Carrier Risk, and neither the Company nor any of the other Releasees is able to or will monitor, test or supervise any of such food, beverages or other consumables, equipment and hospitality, lodging, travel or other accommodations or any personnel engaged in providing any of the foregoing. I hereby represent and warrant  that, (a) I have not received any test result indicating that I am a carrier of COVID-19, whether or not symptomatic, (b) I am not experiencing any symptoms of COVID-19 as of the date hereof, including, but not limited to, shortness of breath, chest pain, loss of taste or smell, coughing, fever and tiredness (collectively, the “Symptoms”), (c) I have not knowingly been in contact with anyone who has (or who I have any reason to believe may have) tested positive for or experienced symptoms of COVID-19 including, but not limited to, the Symptoms in the past two weeks.

I acknowledge and agree that during my participation in the Activity I will fully comply with the venue and Company’s guidelines, rules and/or regulations that are applicable to the Activity. In case of an emergency, I authorize the Host and/or Company to arrange for or provide such medical assistance to me, which it believes is appropriate or necessary. I also authorize any paramedic, licensed physician, health care personnel and/or medical facility to provide any medical/surgical care and/or hospitalization of me, including anesthetics, which such paramedic, licensed physician, health care personnel and/or medical facility, determines to be necessary or advisable.  Notwithstanding the foregoing, I acknowledge and agree that medical personnel may not be present during the Activity and that the Host and/or the Company is under no obligation to provide medical assistance to me.I shall defend, indemnify, and hold harmless the Host, the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in the Activity.

This Agreement is intended to be as broad and inclusive as is permitted by law. This Agreement constitutes the sole and entire agreement between the Host, the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Host, the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of Vancouver, British Columbia, CA without giving effect to any choice or conflict of law provision or rule (whether of Vancouver, British Columbia, CA or any other jurisdiction). Although I, for myself, and on behalf of my personal representatives, heirs, spouse, guardians, legal representatives, executors, administrators, successors and assigns and next of kin acknowledge and agree that I and they have waived all rights to bring any claim(s) against the Releasees, any claim or cause of action arising under this Agreement may be brought only in the Supreme Court of the Province of British Columbia and I hereby consent to the exclusive jurisdiction of such courts.

I am familiar with and do hereby waive the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions of other jurisdictions) which provides as follows:

“A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

BY CONFIRMING THIS, I ACKNOWLEDGE THAT I HAVE BEEN GIVEN AMPLE OPPORTUNITY TO READ THIS ENTIRE AGREEMENT AND HAVE READ AND UNDERSTOOD ALL OF THE TERMS HEREOF. I DESIRE AND AGREE TO PARTICIPATE IN THE ACTIVITY, NOTWITHSTANDING THE RISKS. I AM FREELY AND VOLUNTARILY ASSUMING ALL RISKS NOTED HEREIN AND GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE HOST AND THE COMPANY. I DECLARE UNDER PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME IN THIS AGREEMENT ARE TRUE AND I WILLINGLY SIGN THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK.