These Official Member Participation Rules (the “Rules”) govern participation in the Program and apply to all individuals who elect to participate in the Program (collectively referred to herein as the “Members”).

By enrolling in or participating in the Program, each Member acknowledges and agrees to be legally bound by these Rules, as amended from time to time by FUN’D in its sole discretion.

PROGRAM OVERVIEW:

The Program is intended to create a participation based entertainment ecosystem whereby a designated portion of qualifying purchases made by Members may be allocated by FUN’D toward a shared entertainment participation pool known as the “FUN’D RESERVE Pool” (the “Pool”). The Pool may be used by FUN’D, in its sole and absolute discretion, to support, finance, operate, participate in, promote, or otherwise engage in concerts, live entertainment productions, nightlife events, artist related activations, hospitality experiences, touring opportunities, and other entertainment related ventures selected by FUN’D.

The Program is intended solely as a participation based membership ecosystem and does not constitute the offering or sale of securities, shares, equity interests, partnership interests, investment contracts, or ownership interests of any kind. Participation in the Program does not grant any Member ownership rights, shareholder rights, voting rights, partnership interests, management authority, or legal claims against FUN’D or any entertainment related project.

ELIGIBILITY

The Program is open only to legal residents of the United States of America and Canada who are at least eighteen (18) years of age or the legal age of majority in their jurisdiction of residence at the time of enrollment. Participation in the Program is voluntary and subject to acceptance by FUN’D.

FUN’D reserves the right, in its sole discretion, to approve, deny, suspend, terminate, or revoke participation eligibility at any time and for any reason. Employees, officers, directors, affiliates, contractors, representatives, agents, and immediate family members of FUN’D may be restricted from participation at the sole discretion of the Company.

ENROLLMENT

Participation in the Program requires acceptance of these Rules, creation of a FUN’D member account, submission of requested personal information, compliance with any identity verification procedures, and completion of any additional documentation requested by FUN’D.

Participation in the Program is not automatic upon purchase. Customers must separately and affirmatively elect to participate in the Program and expressly agree to these Rules before becoming Members.

FUN’D reserves the right to require additional disclosures, acknowledgements, verification procedures, compliance documentation, or eligibility reviews at any time.

PARTICIPATION ALLOCATIONS

A designated portion of eligible purchases made through approved FUN’D channels may be allocated toward a Member’s participation balance (“Participation Balance”). Participation allocation amounts shall be determined solely by FUN’D and may vary depending on product category, promotional campaigns, pricing structures, membership status, event periods, special activations, or other factors determined by FUN’D.

Participation allocations are bookkeeping entries within the Program only and do not represent cash deposits, segregated funds, escrowed accounts, trust accounts, or monies held on behalf of Members.

FUN’D reserves the right to modify, suspend, reduce, increase, or discontinue participation allocation structures at any time and without prior notice.

POOL DEPLOYMENT

The Pool may be used by FUN’D in connection with concerts, festivals, nightlife activations, artist appearances, touring opportunities, hospitality experiences, entertainment productions, venue related opportunities, promotional entertainment campaigns, and other entertainment related ventures selected by FUN’D.

FUN’D retains sole and absolute authority regarding all matters relating to the Pool, including project selection, deployment timing, allocation amounts, operational decisions, management decisions, revenue allocations, event structures, and overall administration of the Program.

Members shall have no authority or control over the operation, management, administration, or deployment of the Pool.

PARTICIPATION PERFORMANCE

From time to time, FUN’D may allocate participation based performance amounts (“Participation Performance”) to eligible Members based upon overall Pool performance and internal participation calculations established by FUN’D.

Participation Performance amounts are not fixed, guaranteed, insured, secured, or promised in any manner and may fluctuate based upon numerous factors, including entertainment project performance, operating expenses, event profitability, market conditions, artist availability, cancellations, force majeure events, economic conditions, and other variables determined by FUN’D.

Past performance shall not guarantee future results. Nothing contained within these Rules shall be interpreted as a promise, guarantee, or representation of future profitability, appreciation, financial return, or financial gain.

MONTHLY MEMBER REPORTING

FUN’D may provide Members with periodic participation statements, dashboard access, participation summaries, performance updates, or account reporting. Such reporting may include Participation Balances, participation allocation history, entertainment project exposure summaries, estimated Participation Performance, participation activity, and other informational data determined by FUN’D.

All reports, dashboards, statements, and informational materials provided by FUN’D are for informational and administrative purposes only and shall not constitute audited financial statements, securities disclosures, investment reports, guarantees of performance, or legally binding financial representations.

FUN’D reserves the right to modify reporting frequency, reporting methods, dashboard functionality, or reporting content at any time and without prior notice.

NO GUARANTEED RETURNS

Participation in the Program involves risk. Members expressly acknowledge and agree that entertainment ventures are speculative in nature and that projects may underperform, generate losses, be postponed, be canceled, or fail to generate anticipated revenues.

Participation Performance may be minimal or zero, and Participation Balances may not increase in value. FUN’D makes no representation, warranty, or guarantee that any Member will receive any Participation Performance amount whatsoever.

TRANSFERABILITY

Participation Balances, participation rights, membership status, and any associated Program benefits may not be sold, transferred, assigned or pledged.

GENERAL CONDITIONS

FUN’D reserves the right, in its sole discretion, to modify, suspend, terminate, replace, restructure, or discontinue the Program, the Pool, the Participation Performance structure, or any aspect of the Program at any time and without prior notice.

FUN’D further reserves the right to suspend, restrict, disqualify, or terminate any Member who violates these Rules, engages in fraudulent activity, manipulates the Program, abuses the Program, submits false information, engages in chargeback abuse, or acts inconsistently with the spirit or intent of the Program.

LIMITATION OF LIABILITY

By participating in the Program, Members agree to release and hold harmless FUN’D, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, representatives, successors, and assigns from any and all claims, liabilities, damages, losses, costs, or expenses arising out of or relating to participation in the Program.

FUN’D shall not be liable for technical malfunctions, reporting errors, delayed updates, interrupted systems, event cancellations, project underperformance, economic losses, indirect damages, consequential damages, or any losses relating to entertainment project performance or participation in the Program.

Participation in the Program is undertaken entirely at the Member’s own risk.

COMPLIANCE AND LEGAL REVIEW

FUN’D reserves the right to require identity verification procedures, anti-money laundering compliance reviews, tax documentation, participation disclosures, additional agreements, or any other documentation deemed necessary by FUN’D or applicable law.

FUN’D further reserves the right to restrict participation in jurisdictions where the Program may be prohibited or restricted by law.

GOVERNING LAW

These Rules shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

Any disputes arising out of or relating to the Program shall be resolved exclusively in a forum designated by FUN’D.

SEVERABILITY

If any provision of these Rules is found invalid or unenforceable, all remaining provisions shall remain in full force and effect.

ENTIRE AGREEMENT

These Rules constitute the entire agreement between FUN’D and the Member regarding participation in the Program and supersede all prior discussions, understandings, representations, or agreements relating thereto.

By enrolling in or participating in FUN’D RESERVE, each Member acknowledges that they have read, understood, and agreed to be bound by these Official Member Participation Rules, together with any applicable FUN’D RESERVE Terms & Conditions and related Program policies established by FUN’D.

For questions, please contact frp@fundinc.ca