Facility Use Contract Terms and Conditions

Effective Date: 09/01/2025

These Terms and Conditions (“Terms”) supplement the posted Facility Use Agreement (“Agreement”) displayed on the signage at this parking facility (“Facility”). By driving onto and remaining in this Facility, you confirm that you have read, understood, and accepted the Agreement and these Terms.

The Agreement and these Terms together form a legally binding contract between you and EZ Park, LLC (“EZ Park”), governing your use of this Facility. If you do not accept these Terms, you must leave the Facility immediately.

1. Consent to Vehicle and Driver Information

By parking here, you grant EZ Park express consent to obtain information regarding your vehicle and, where legally permitted, personal information from state motor vehicle databases under the federal Driver’s Privacy Protection Act (18 U.S.C. § 2721).

2. Eligibility

Use of this Facility is permitted only if you are legally able to form a binding contract and comply with all applicable laws and regulations. If you are acting on behalf of a business or organization, you represent that you are authorized to bind that entity.

3. Proper Use

EZ Park grants you a limited, revocable, non-exclusive license to access and use this Facility. You agree not to use the Facility for unlawful purposes or in a way that may damage, impair, or interfere with others’ lawful use.

4. Privacy

Your use of this Facility is subject to EZ Park’s Privacy Policy, which describes how EZ Park collects, uses, and protects information obtained from Facility operations.

5. Payment Terms

Parking at this Facility may require payment. Acceptable payment methods are listed on Facility signage or payment portals and may change without notice. EZ Park uses third-party providers for payment processing and is not responsible for fees, errors, or disputes arising from those

providers.

6. Dispute Resolution for Notices

If you receive a notice of violation or fee, you may submit a dispute through the portal listed on the notice or signage. You must include supporting documentation. EZ Park will review and notify you whether the notice is dismissed, upheld, or subject to settlement. If denied, you may have the option to appeal through an independent adjudication process, details of which will be provided in the denial response.

7. Third-Party Services

Facility use may involve third-party websites, apps, or services. EZ Park does not control or endorse these services and is not responsible for their content or practices.

8. Disclaimers

Your use of this Facility is at your own risk. The Facility and related services are provided “AS IS” and “AS AVAILABLE.” EZ Park and the Facility owner expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EZ Park and the Facility owner are not liable for injury, loss, or damage to persons, vehicles, or property arising from your use of the Facility.

9. Limitation of Liability

By entering this Facility, you waive any and all claims against EZ Park and the Facility owner arising out of your use, except where prohibited by law. EZ Park shall not be liable for direct, indirect, incidental, punitive, or consequential damages of any kind.

10. Electronic Communication

You consent to receive communications from EZ Park electronically, including via Facility signage, email, SMS (text messages), or payment portals. Such communications satisfy any legal requirement that notices be provided in writing.

SMS Message Types

EZ Park may send SMS messages including transactional notifications, customer support responses, alerts related to parking sessions or enforcement, and occasional informational updates regarding EZ Park parking services.

Opt-Out

To stop receiving SMS messages, reply STOP to any text message.

Assistance

For assistance, reply HELP to any message or contact EZ Park support.

Message Rates

Message and data rates may apply. Check with your mobile carrier for details.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Eligibility

You must be 18 years of age or older to use EZ Park’s SMS services.

Message Frequency

Message frequency may vary depending on your parking activity, inquiries, or support interactions.

11. Intellectual Property

All text, signage, and digital materials related to this Facility are the property of EZ Park or its licensors and may not be reproduced or used without permission.

12. Indemnification

You agree to indemnify and hold harmless EZ Park, the Facility owner, and their officers, agents, and employees against any claims, costs, or expenses (including attorney’s fees) arising from your use of this Facility or violation of these Terms.

13. Arbitration

Any dispute not resolved directly shall be settled exclusively by binding arbitration under the Federal Arbitration Act. Arbitration will be conducted by a neutral arbitrator in a mutually agreed location. The arbitrator’s decision will be final, and judgment may be entered in any court of competent jurisdiction.

14. Class Action Waiver

All disputes must be resolved on an individual basis. You waive the right to participate in any class, collective, or representative action against EZ Park.

15. Governing Law

These Terms and the Agreement are governed by the laws of the state where the Facility is located. Exclusive jurisdiction lies in that state’s courts.

16. Severability

If any provision of these Terms is held invalid, the remainder shall remain enforceable.

17. Modifications

EZ Park may amend these Terms at any time. The updated version will be posted on Facility signage or digital portals and becomes effective immediately upon posting.

18. Entire Agreement

These Terms, together with the Facility Use Agreement, constitute the entire understanding between you and EZ Park regarding Facility use and replace all prior communications.