Player’s Reward Program and Player’s Bank Agreement

This Player’s Reward Program and Player’s Bank Agreement (“Agreement”) is between you and Hollywood Park Casino Company, LLC. (“we” or “us” or “Company”) and describes the terms and conditions that apply to your Accounts at Hollywood Park Casino and your use of our facilities and promotions. By depositing or withdrawing money from your Player’s Bank Account, using your Player’s Card, and/or visiting our facility, you agree to these terms.

THIS AGREEMENT INCLUDES:
1. A RELEASE OF LIABILITY AND ASSUMPTION OF RISK PROVISION: You are voluntarily waiving substantial legal rights, including waiving and releasing all claims, known or unknown, against the Company.

2. AN ARBITRATION PROVISION: That governs any and all disputes between you and the Company. This provision will:
• Eliminate your right to a trial by jury; and
• Preventing you from bringing, joining, or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Player’s Bank Account and/or Player’s Club Account by electronic means, including posting such materials on our app or at:
www.playhpc.com/termsandconditions

About Your Account

We issue the Player’s Rewards Club Card to you and, if applicable, link it to your Player’s Bank Account. It allows you to deposit cash or chips with the cage, which you can later retrieve either for cash or chips to play at our cardroom. The dollar value that you deposit is held in trust at our bank for your convenience to use when engaging in gaming activity with our Company. We offer the Player’s Rewards Club Card and the Player’s Bank Account to make it easier for you to game at our cardroom and to make your relationship with us more rewarding. The value in your Player’s Bank Account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

The Player’s Rewards Club Card and the Player’s Bank Account are not targeted towards, nor intended for, anyone under the age of 21. A Player’s Bank Account and a Player’s Reward Account may not be shared by any other person regardless of the familial relationship between you and the other person. Only you will be permitted to make deposits into or withdraw money from your Player’s Bank Account.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK – READ BEFORE SIGNING

Participation Acknowledgment: By signing up for a Player’s Reward Club Account and/or Player’s Bank Account, you acknowledge that your participation in the Company’s offered services and activities (“Activities”) involves risks. These risks include, but are not limited to:
1. Slip-and-fall injuries.
2. Injuries from defective equipment or gaming materials.
3. Exposure to loud or crowded environments.
4. Financial loss due to negligence, theft, or error.

Release of Liability: In consideration of being permitted by the Company to participate in the Activities, you agree, on behalf of yourself, your heirs, and your personal representatives, to the following:
• Acknowledgement of Risk: You understand and voluntarily accept the risks associated with participating in the activities, including but not limited to the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss.
• Informed Consent: You acknowledge that you have been given the opportunity to consult with legal counsel before agreeing to this Agreement and understand its terms. Your participation is entirely voluntary.
• Waiver of Claims: You waive and release all claims, whether know or unknown, against the Company and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively “Releasees”), arising from participation in the Activities, except for claims due to gross negligence, intentional misconduct, or other liabilities that cannot be waived under California law.
California Civil Code Section 1542 Waiver: You explicitly waive the protections of California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

This waiver applies to all claims arising from your participation in the Activities.

Acknowledgment of Responsible Gambling Programs: The Company is committed to responsible gambling and maintains a self-exclusion program. By agreeing to this Agreement, you acknowledge and accept the following:

You are solely responsible for managing your gambling activity.

The Company is not liable for losses incurred while participating in gambling activities, provided it adheres to self-exclusion protocols and responsible gambling obligations.

This waiver is not intended to release the Company from liability for any enforcement lapse or participant violations if you are enrolled in a self-exclusion program.

ARBITRATION – DISPUTE RESOLUTION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited.

Arbitration is final and binding and subject to only very limited review by a court. This arbitration provision shall survive termination of this Agreement.

Binding Arbitration: Any and all disputes arising out of or relating to this Agreement, your Player’s Bank Account, your Player’s Rewards Club Account, and/or the relationship between you and the Company, including the Company’s parents, subsidiaries, officers, directors, or employees, that you may bring against the Company, or any of its parents, subsidiaries, officers, directors, or employees, or which the Company may bring against you, no matter how characterized, pleaded or styled (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be resolved by binding arbitration conducted by the American Arbitration Association (the “AAA”), under its Consumer Arbitration Rules (“Consumer Rules”), with the exception that the arbitrator appointment process shall be governed by AAA Commercial Rule 12(a)-(b). Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Any remedy available from a Court under the law shall be available in the arbitration.

The Federal Arbitration Act (“FAA”) shall govern the interpretation, scope, and enforcement of this Agreement. Any and all disputes concerning the interpretation, scope, and enforcement of this Agreement shall be decided exclusively by a Court of competent jurisdiction, and not by the Arbitrator.

By entering into this Agreement, you acknowledge and understand that the decision of the Arbitrator will be binding, and not merely advisory. The award of the Arbitrator may be entered as a judgment in any Court having jurisdiction. You may, but need not, be represented by an attorney at arbitration.

This arbitration provision does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of the small claims court’s jurisdiction.

Except as specifically required by the laws of the State of California, the fact of and all aspects of this arbitration and the underlying dispute shall remain strictly confidential by the parties, their representatives, and the AAA except, pursuant to AAA Consumer Rule 43(c), the AAA may choose to publish an award rendered under the AAA Consumer Rules, but the names of the parties and witnesses will be removed from any award that is published, unless a party agrees in writing to have its name included in the award. You agree that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoined.

Information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. You shall disclose this Agreement to the AAA if you file an arbitration.

If any part of this Agreement or arbitration provision is declared unenforceable or invalid, it shall be severable and the remainder of this Agreement shall continue to be valid and enforceable.

Class Action Waiver and Jury Waiver: You and the Company each agree that any proceeding, whether in arbitration or in court, will be solely in your individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action, consolidated or joint action. If a court or arbitrator determines in an action between you and the Company that this class action waiver is unenforceable, the arbitration provision will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and the Company each waive any right to a jury trial.
Pre-Arbitration Dispute Procedures. For any and all disputes or claims you must first send a written description of your claim to our General Manager using the appropriate email at privacy@hpccinc.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

Governing Law – California: This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflicts of law rules.

Disclaimers and Limits of Liability: Hollywood Park Casino Company, LLC. together with its parent corporation and affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Player’s Rewards Club Card or the Player’s Bank Account, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or noninfringement, or any warranty arising by usage of trade, course of dealings or course of performance. The Company does not represent or warrant that your Player’s Rewards Account or Player’s Bank Account will always be accessible.

In the event that the Company or its parent or affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Player’s Bank Account. The Company, together with its parent and affiliate entities shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall the Company or its parent or affiliates have any liability for unauthorized access to, or alteration, theft or description of the Player’s Bank Account through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
If state or federal law does not allow limitations on implied warranties or exclusions or limitations on certain damages, the above disclaimers, exclusions and limitations will apply to the greatest extent permitted by law.

Assignment: We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent and any attempted assignment will be void.

Opt-Out Option: You may opt out of the arbitration clause within 30 days of accepting this Agreement by submitting a written request to our General Manager at privacy@hpccinc.com

You acknowledge Dispute Resolution is by binding arbitration only and you are giving up your right to a trial by jury.

OPENING AND ACCESSING YOUR PLAYER’S BANK ACCOUNT

You are required to have a Player’s Rewards Club Card in order to establish a Player’s Bank Account. You may open an account by obtaining a Player’s Club Rewards Club account, completing the application, providing necessary documentation, including but not limited to, a copy of your valid driver’s license or other federally recognized form of identification that the cardroom is legally authorized to copy, completing a W-9, and providing your social security number (if applicable) for verification. You will be required to deposit a minimum of $100 to establish the Player’s Bank Account. Throughout the duration of your account, you may be requested to furnish an updated identification and W-9 form.

You agree to update your contact information if any information provided in the original application becomes outdated. We do not charge any activation, service, dormancy, or inactivity fees in connection with your Player’s Bank Account.

Withdrawing From and Depositing Funds Into Your Player’s Bank Account

You may withdraw from or deposit funds into your Player’s Bank Account by visiting the cage. You will be required to provide your ID to safeguard and confirm it is your account. You may deposit cash, chips, wire transfer or a combination thereof. Deposits made by check must be made payable to Hollywood Park Casino or the person(s) named on the account. The funds may not be available for withdrawal until we have determined that the check has been cleared. You may also withdraw cash or chips or a combination thereof. Any cash withdrawal for over $20,000.00 will require manager approval, and the manager, in their sole and absolute discretion, may require the withdrawal to be issued by check. All amounts deposited in your Player’s Bank Account are denominated in United States currency.

Receipts and Transaction History

When you use your Player’s Bank Account, we will provide a receipt with each transaction. You may check your balance or request a Transaction history of your account. We will not send you statements of activity on your Player’s Bank Account.

Closing Your Player’s Bank Account

You may close your Player’s Bank Account at any time by withdrawing the entire balance of your account. When your balance is zero, we may close the account and you will sign the certification that you have received all money owed to you under the account. You agree that if your Player’s Bank Account balance is less than $100 for more than six (6) months or you do not access your Player’s Bank Account for six (6) months, we may close your account and mail a check with a statement of the closing balance to the address on file. You further agree that we have the right to close your Player’s Bank Account and return all funds to you for any reason, at the Company’s sole and absolute discretion. We may change any of these amounts and timelines at any time without notice to you.
You may have your legal beneficiary, executor, or other estate representative bring appropriate documentation to authenticate their ability to access your Player’s Bank Account. Once we authenticate that the individual has a valid Power of Attorney or valid authority to administer your estate, we will issue a check with a statement of funds and close your Player’s Bank Account. If your account is closed through the use of a Power of Attorney based on emergency circumstances, you will not be permitted to apply for a new Player’s Bank Account until three (3) months have lapsed. We reserve the right to deny any request for a new Player’s Bank Account, in our sole and absolute discretion.

Privacy Statement

Please read our Privacy Policy at https://playhpc.com/privacy-policy/ carefully to understand what we collect, use, and disclose information about customers, how to update or change your personal information, and how we communicate with you.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement on our website at playhpc.com/termsandconditions/, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised Agreement to your website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Account(s) with us. You are deemed to accept the changes, additions, or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use your Player’s Bank Account or Player’s Club Account after such notice period. If you notify us that you do not accept the changes, additions, or deletions, we will cancel your Player’s Bank Account and refund any remaining balance to you.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and Hollywood Park Casino Company, LLC., and supersedes and merges all prior proposals and all other agreements governing your Player’s Bank Account and Player’s Rewards Club Card (not including our Privacy Policy https://www.playhpc.com/privacy-policy/), the Terms of Use, or the Rewards Terms of Use, as applicable). If any provision of this Agreement, other than the Class Action Wavier in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

BY AGREEING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST TWENTY-ONE (21) YEARS OF AGE AND FULLY COMPETENT.