These Influencer Terms and Conditions (“Terms”) govern the relationship between IAM NJ WP, LLC, IAM Water Safari, LLC, IAM OF Camping, LLC, Edge, LLC, IAM Calypso Cove, LLC, Valleyfair LLC, Worlds of Fun LLC, Six Flags St. Louis LLC, Galveston Waterpark LLC, Michigan’s Adventure Park LLC, EP OpCo VF, LLC, Great Escape Park Holdings, LLC, Diggerland, Great Escape, L.P., Great Escape Theme Park, L.P., Great Escape Rides, L.P., HWP Development, LLC and their subsidiary, parent, affiliated, related, successor and/or licensed entities, including without limitation all entities that (a) have any ownership interest in, (b) provide development and/or management services to, (c) license intellectual property content for, (d) provide any active guidance or consultation to, or (e) otherwise have any interest in any of Worlds of Fun, Oceans of Fun, Six Flags St. Louis, Schlitterbahn Galveston, Valleyfair, Superior Shores Waterpark, Michigan’s Adventure, Six Flags Great Escape, Diggerland, Enchanted Forest Water Safari, Calypso’s Cove, Great Escape Lodge, Old Forge Camping Resort, Water’s Edge Inn, Worlds of Fun Village, and/or any other resort, theme park, or themed retail or entertainment destination operating under the “Enchanted Parks” name (all of the above referenced entities herein are collectively referred to as “Enchanted Parks” or the “Park”) and the influencer/content creator (“Influencer”) identified in the applicable Influencer Engagement Letter (“Engagement Letter”). These Terms are incorporated by reference into each Engagement Letter executed between Enchanted Parks and Influencer. In the event of any conflict between these Terms and an Engagement Letter, the Engagement Letter will control with respect to the conflicting provision. Capitalized terms used but not defined herein have the meanings given in the applicable Engagement Letter.

1. Engagement and Scope.

Enchanted Parks engages Influencer on a case-by-case basis pursuant to individual Engagement Letters. Each Engagement Letter will specify the scope of work, deliverables, posting schedule, channels, compensation, required hashtags/tags, and other campaign-specific terms. Enchanted Parks reserves the right to select, approve, or decline any Influencer in its sole discretion.

2. Content Standards.

All content created or posted by Influencer in connection with an Engagement Letter (“Content”) must comply with the following standards:

• Content must present Enchanted Parks, its attractions, and the guest experience in a positive and favorable light, consistent with the promotional nature of the engagement.
• Content must not contain or depict any material that is false, misleading, defamatory, obscene, indecent, hateful, discriminatory, violent, illegal, unsafe, offensive, or reasonably likely to damage Enchanted Parks’ reputation or goodwill.
• Content must not include political or controversial statements presented in a manner that could be associated with Enchanted Parks.
• Content must not depict unsafe behavior, rule-breaking, queue-jumping, restricted or back-of-house areas, unauthorized backstage footage, emergency incidents, security operations, injuries, or other sensitive events unless expressly approved in writing by Enchanted Parks.
• Content must not contain false or unsubstantiated claims regarding Enchanted Parks, including its pricing, safety record, wait times, attractions, promotions, or availability.
• Content must be suitable for a family-friendly audience consistent with Enchanted Parks’ brand.

If Influencer is unable to provide Content consistent with Influencer’s truthful views and the foregoing standards, Influencer must promptly notify Enchanted Parks and refrain from posting the applicable deliverable unless otherwise agreed in writing.

3. FTC Compliance and Disclosures.

Influencer shall be solely responsible for complying with all applicable Federal Trade Commission (“FTC”) guidelines, including the FTC’s Endorsement Guides, and all other applicable laws, rules, and platform policies regarding the disclosure of material connections. Without limiting the foregoing, for any engagement under which Influencer receives monetary compensation from Enchanted Parks in exchange for Content (a “Paid Engagement”):

• Each item of Content must include a clear and conspicuous disclosure of the material connection between Influencer and Enchanted Parks (e.g., #ad, #sponsored, or use of the platform’s paid partnership/branded content tool).
• Disclosures must be placed prominently (early in captions, superimposed on video content, or disclosed verbally at the outset of audio/video) and in each individual post, video, Story, Reel, or live stream.
• Content must not contain deceptive, misleading, or unsubstantiated claims about Enchanted Parks or its attractions.
• For engagements that are not designated as Paid Engagements, Influencer remains responsible for complying with applicable FTC guidelines and making any disclosures required by law based on the nature of the material connection (if any), but the specific disclosure format requirements above shall not apply.

4. Content Review.

For any engagement designated in the Engagement Letter as a Paid Engagement, Influencer shall submit all Content to Enchanted Parks for review and approval prior to publication. Enchanted Parks shall have the right to request reasonable revisions to such Content, and Influencer shall not publish any Content until Enchanted Parks has provided written approval. For all engagements (whether Paid Engagements or otherwise), Enchanted Parks retains the right, but not the obligation, to review Content after publication. If Enchanted Parks determines, in its sole discretion, that any Content (a) violates these Terms or the Engagement Letter, (b) is inaccurate, unsafe, or disparaging, (c) infringes any third-party intellectual property or other rights, (d) omits required disclosures or tags, or (e) otherwise harms or is reasonably likely to harm Enchanted Parks’ reputation, goodwill, or operations, Enchanted Parks may require Influencer to modify, remove, re-edit, or repost such Content within the timeframe specified by Enchanted Parks. Influencer must comply promptly with any such request at Influencer’s sole expense.

5. Intellectual Property Rights.

License to Enchanted Parks. The scope of Enchanted Parks’ license to Content may be as specified in the applicable Engagement Letter. If the Engagement Letter does not specify a license scope, the following default shall apply: (a) for any engagement designated as a Paid Engagement, Influencer hereby grants to Enchanted Parks a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (to Enchanted Parks’ affiliates, agencies, and media partners) license to use, reproduce, distribute, display, perform, edit, crop, excerpt, adapt, reformat, and create derivative works of the Content for marketing and promotional purposes, including without limitation on Enchanted Parks’ owned and operated channels, websites, social media accounts, email communications, paid and organic digital advertising, in-park screens and signage, and other marketing materials, in all media now known or hereafter developed; and (b) for all other engagements, Influencer hereby grants to Enchanted Parks a non-exclusive, royalty-free license to repost, share, and feature the Content on Enchanted Parks’ owned social media channels, with attribution to Influencer, for a period of two (2) years following the date of publication.

Influencer’s Continued Use. Influencer may continue to use Content on Influencer’s own channels, provided that such use complies with the standards set forth in Section 2 herein and does not portray Enchanted Parks in a negative or disparaging light.

Ownership. As between the parties, Influencer retains ownership of the Content, subject to the license granted herein and the rights of Enchanted Parks under these Terms and the Engagement Letter.

Waiver of Moral Rights. For any engagement designated in the Engagement Letter as a Paid Engagement, and to the extent permitted by applicable law, Influencer irrevocably waives the exercise of any “moral rights,” “droit moral,” and any analogous rights, however denominated, in any jurisdiction of the world, that Influencer may have in the Content, including without limitation any right to object to modifications, edits, adaptations, or other changes to the Content, and any right of attribution or integrity. Influencer agrees not to assert any such rights against Enchanted Parks or its licensees, successors, or assigns.

6. Enchanted Parks Trademarks.

Enchanted Parks grants Influencer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Enchanted Parks’ trademarks, trade names, logos, attraction names, and designated hashtags (collectively, “Marks”) solely to perform Influencer’s obligations under the Engagement Letter and create and post approved campaign Content, subject to the following:

• Influencer must not alter, modify, or create derivative versions of the Marks.
• Influencer must not use any Mark in domain names, social media usernames or handles, paid search keywords, or metatags.
• Influencer must not use the Marks in any manner implying ownership, endorsement, or affiliation beyond the scope of the campaign.
• Influencer must not use the Marks on merchandise or for commercial purposes unrelated to the Engagement Letter.
• Influencer must not seek to register any Mark or any confusingly similar mark.
• Influencer must not use the Marks in any disparaging, misleading, or unauthorized manner.
• Influencer must comply with all brand guidelines and instructions provided by Enchanted Parks.
• Influencer must immediately cease all use of the Marks upon termination or expiration of the Engagement Letter, or upon Enchanted Parks’ written request.

7. Third-Party Intellectual Property; Infringement Remedies.

Influencer represents and warrants that Influencer has obtained all necessary rights, licenses, permissions, and releases for all elements of the Content, including without limitation all music, sound recordings, footage, photographs, likenesses, names, voices, graphics, and any other third-party materials. If any Content is taken down, flagged, muted, or subject to a claim by any platform or third party due to infringement or unauthorized use of materials, Influencer must, at Influencer’s sole expense: (a) promptly re-edit the Content to remove the infringing material and repost a compliant replacement; and (b) deliver a replacement deliverable meeting the specifications of the Engagement Letter within the timeframe specified by Enchanted Parks. Without limiting Enchanted Parks’ other rights or remedies, Enchanted Parks may withhold, offset, or require repayment of compensation attributable to any non-compliant or taken-down Content.

8. Conduct at the Park.

While at any Enchanted Parks property, Influencer (and any crew, assistants, or guests accompanying Influencer) must:

• Comply with Enchanted Parks’ Terms & Conditions for Admission Ticketing and Season Passes and Ticket Terms & Conditions, all posted rules, safety instructions, ride and attraction restrictions, height and health requirements, employee directions, and security requirements.
• Comply with all applicable federal, state, and local laws and regulations.
• Not film, photograph, or record in restricted areas, back-of-house areas, or on attractions where recording is prohibited.
• Not operate drones, aerial devices, or specialized filming equipment without prior written approval from Enchanted Parks.
• Not interfere with park operations, employees, guests, queues, rides, shows, parades, emergency routes, or the enjoyment of other guests.
• Secure all loose articles, bags, and equipment while on attractions.
• Not engage in any harassing, threatening, unlawful, indecent, dangerous, or discriminatory conduct.
• Follow all on-ride filming and photography policies established by Enchanted Parks’ safety team, including any restrictions on recording devices, selfie sticks, or other equipment while on attractions.
• Obtain all necessary written releases from any identifiable guests or minors appearing in Content. Influencer is solely responsible for compliance with all privacy laws regarding filming of minors and guests.

Influencer is responsible for the conduct of all crew, assistants, and guests accompanying Influencer. Enchanted Parks reserves the right to remove Influencer and any accompanying persons from the Park, and to revoke any credentials, passes, or access, immediately and without liability, for any violation of these Terms or Park rules.

9. Compensation and Payment.

Compensation, payment terms, and any reimbursable expenses will be as set forth in the applicable Engagement Letter. Expenses are reimbursable only if expressly preapproved in the Engagement Letter. Enchanted Parks may withhold, offset, or require repayment of compensation in the event of: missed or late deliverables; non-compliant Content; FTC disclosure failures; intellectual property infringement or takedowns; failure to provide required metrics or proof of posting; fraud or misrepresentation; material breach of these Terms; or failure to cure a breach within the applicable cure period.

10. Reporting and Metrics.

Upon Enchanted Parks’ request, Influencer must provide available platform analytics and performance metrics for each item of Content (including but not limited to impressions, reach, engagement, views, clicks, and saves), as well as proof of posting (e.g., screenshots, links), in the format and within the timeframe reasonably requested by Enchanted Parks.

11. Confidentiality.

The terms of these Terms and each Engagement Letter, including without limitation compensation, deliverables, and campaign strategy, are confidential. Influencer must not disclose such information to any third party except: (a) to Influencer’s professional advisers, agents, or representatives who are bound by obligations of confidentiality; or (b) as required by applicable law, regulation, or valid legal process (provided Influencer gives Enchanted Parks prompt written notice to the extent permitted). This Section does not restrict Influencer’s required FTC disclosures of the material connection.

12. Representations and Warranties.

Influencer represents and warrants that: (a) Influencer has the full right, power, and authority to enter into and perform the Engagement Letter and these Terms; (b) Influencer’s performance will not violate any agreement with or rights of any third party; (c) all Content is original or properly licensed and does not infringe any intellectual property, privacy, publicity, or other rights; (d) all factual claims in Content are true, accurate, and substantiated; (e) Influencer will comply with all applicable laws, including FTC guidelines; and (f) Influencer is at least 18 years of age (or the age of majority in Influencer’s jurisdiction).

13. Indemnification.

Influencer will indemnify, defend, and hold harmless Enchanted Parks and its affiliates, officers, directors, employees, agents, and licensees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) any breach of these Terms or the Engagement Letter by Influencer; (b) any Content created or posted by Influencer; (c) any infringement or alleged infringement of third-party intellectual property, privacy, or publicity rights; (d) any violation of applicable law, including FTC guidelines; or (e) Influencer’s or Influencer’s crew’s acts or omissions at any Enchanted Parks property.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENCHANTED PARKS BE LIABLE TO INFLUENCER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, REGARDLESS OF THE THEORY OF LIABILITY. ENCHANTED PARKS’ TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND ANY ENGAGEMENT LETTER WILL NOT EXCEED THE TOTAL COMPENSATION ACTUALLY PAID OR PAYABLE TO INFLUENCER UNDER THE APPLICABLE ENGAGEMENT LETTER.

15. Termination.

Either party may terminate an Engagement Letter for material breach by the other party if such breach remains uncured for ten (10) days after written notice; provided, however, that no cure period will apply to any breach where time is of the essence, including without limitation any failure to deliver Content by a deadline designated in the Engagement Letter as time-sensitive or any failure to post Content in connection with a seasonal event, holiday, promotion, or other time-bound campaign where late performance would substantially frustrate the purpose of the deliverable. Enchanted Parks may terminate an Engagement Letter immediately upon written notice if: (a) Influencer engages in conduct that harms or is reasonably likely to harm Enchanted Parks’ reputation or goodwill; (b) Influencer breaches Sections 2, 3, 6, 7, or 8 of these Terms; or (c) Influencer becomes subject to any public controversy reasonably likely to reflect negatively on Enchanted Parks, as determined in Enchanted Parks’ sole discretion. Upon termination: (i) Influencer must immediately cease use of all Marks; (ii) Enchanted Parks’ license to Content created prior to termination will survive; and (iii) Enchanted Parks’ obligation to pay compensation will be limited to deliverables satisfactorily completed prior to the effective date of termination.

16. Independent Contractor.

Influencer is an independent contractor and not an employee, agent, partner, or joint venturer of Enchanted Parks. Nothing in these Terms or any Engagement Letter creates an agency, employment, partnership, or joint venture relationship. Influencer has no authority to bind Enchanted Parks or make representations on Enchanted Parks’ behalf, except as expressly authorized in the Engagement Letter.

17. Force Majeure; Park Closures.

Neither party will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, government orders, war, terrorism, civil unrest, labor disputes, or utility failures. Enchanted Parks will not be liable for temporary or permanent park closures, ride or attraction closures, schedule changes, weather events, or operational modifications. In such events, Enchanted Parks may reschedule, modify, or cancel Influencer’s visit or applicable deliverables without liability.

18. Governing Law and Venue.

These Terms and each Engagement Letter will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or any Engagement Letter will be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida, and each party consents to personal jurisdiction and venue therein.

19. Non-Disparagement.

During the term of any Engagement Letter and at all times thereafter, Influencer will not make, publish, or communicate any disparaging, defamatory, or negative statements, whether written, oral, or electronic, concerning Enchanted Parks, its affiliates, or any of their respective officers, directors, employees, attractions, products, services, operations, or business practices. This Section does not restrict Influencer from (a) making truthful statements required by law, regulation, or valid legal process, or (b) providing truthful information in response to a subpoena or government inquiry. For the avoidance of doubt, this Section does not limit Influencer’s right to provide honest, truthful opinions in Content that complies with Section 2 of these Terms.

20. Audit Rights.

Enchanted Parks reserves the right, upon reasonable notice and no more than once per calendar quarter, to request documentation or access to third-party verification tools to audit and verify Influencer’s follower counts, engagement metrics, audience demographics, and the authenticity of Influencer’s social media presence. Influencer will cooperate in good faith with any such audit request and provide reasonable access to platform analytics, third-party verification reports, or other documentation within ten (10) business days of Enchanted Parks’ request. If any audit reveals a material misrepresentation of Influencer’s metrics or audience (including without limitation inflated follower counts due to purchased followers or bot activity), Enchanted Parks may, in addition to any other remedies available, terminate the applicable Engagement Letter immediately and require repayment of compensation paid thereunder.

21. General Provisions.

Assignment. Influencer may not assign or transfer any rights or obligations under these Terms or any Engagement Letter without Enchanted Parks’ prior written consent. Enchanted Parks may freely assign its rights and obligations to any affiliate or successor.

Entire Agreement; Order of Precedence. These Terms and the applicable Engagement Letter constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications. In the event of a conflict, the Engagement Letter controls over these Terms with respect to the conflicting provision.

Amendments and Notices. These Terms may be amended only by a written instrument signed by both parties. Notices must be in writing and delivered to the addresses specified in the Engagement Letter (email sufficient).

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver. No waiver of any provision will be effective unless in writing. No failure to exercise any right constitutes a waiver of that or any other right.

Survival. Sections 4, 5, 6, 7, 11, 12, 13, 14, 15, 18, 19, 20, and 21 will survive the termination or expiration of these Terms and any Engagement Letter.