Rentals of the Carolina Upstate LLC. Waiver Form BY SIGNING THIS AGREEMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE RELEASE AND WAIVER OF CLAIMS; ASSUMPTION OF RISKS; INDEMNIFICATION AGREEMENT In consideration of the agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this rental agreement. In the event the craft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6) BELOW.

This is to certify that I (We), the LESSEE(S) am/are experienced and capable in all aspects of the handling and operation of a craft such as the one rented above. I (WE) HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON THIS AGREEMENT; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. THE LEASE HEREOF IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS I (WE), the LESSEE(S) further agree (continued from the other side of this Agreement): The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody. deposit (as provided in the Charges section of the front of this agreement) shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken equipment; or to be applied to the rental charges upon return of the craft by LESSEE. The foregoing shall not limit LESSOR’S ability to seek its further damages at law or equity. LESSEE agrees not to use, nor permit the use: a. of the rental craft for any unlawful purpose; b. of the rental craft in a careless or negligent manner; c. of the rental craft while under the influence of liquor and/or narcotics; d. of the rental craft by any other person not the signatory of this agreement, or not equally qualified.

LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this agreement by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county and state of LESSOR. This agreement shall be governed by the laws of the state of LESSOR. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. LESSOR'S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR'S control.

LESSOR reserves the right to cancel this Agreement 48hours prior to reserved date with full refund. If LESSOR cancels after the 48 hour window expires the deposit is non-refundable. If Lessor cancels after taking possession of the rental and returns due to inclement or impending bad Weather Rental fees will be prorated based on the time used; in this case if the boat is returned without damages the deposit only will be refunded, the difference between the original agreed rate and the pro-rated rental frees are non- refundable; LESSEE will hold the difference as a credited balance, the LESSOR may reschedule and the credited balance my be used towards the next chosen date of rental. The rules and regulations contained herein and provided, on the craft, and/or the by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules. Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT, EXCEPT THAT LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION.

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WAIVER AND RELEASE OF LIABILITY AGREEMENT I. DISCLAIMER – This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Rentals of the Carolina Upstate LLC. (For purposes of this Waiver and Release, the term Rentals of the Carolina Upstate LLC. includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Rentals of the Carolina Upstate LLC.) If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Rentals of the Carolina Upstate LLC. all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rentals of the Carolina Upstate LLC. of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Rentals of the Carolina Upstate LLC.

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II. ACKNOWLEDGEMENT OF RISKS – The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the boat’s, other boats, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

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III. EXPRESS ASSUMPTION OF RISK- The undersign herby agrees that he/she is renting, operating or using the equipment provided by Rentals of the Carolina Upstate LLC. at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Rentals of the Carolina Upstate LLC

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IV. WAIVER/RELEASE OF LIABILITY-By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Rentals of the Carolina Upstate LLC. from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentals of the Carolina Upstate LLC regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Rentals of the Carolina Upstate LLC. shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rentals of the Carolina Upstate LLC shall not be responsible for such injuries, damages, loss or theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Rentals of the Carolina Upstate LLC whether such negligence is present at the signing of this Release or takes place in the future.

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V. LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify and hold harmless Rentals of the Carolina Upstate LLC for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other boat’s and minor children under the undersigned’s custody, care, and control as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentals of the Carolina Upstate LLC. even if such damages arise out of the negligence or fault of Rentals of the Carolina Upstate LLC

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VI. ACKNOWLEDGEMENT OF WAIVER AND RELEASE – The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Rentals of the Carolina Upstate LLC. with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/ she is waiving any and all right he/she may have to bring a legal action to assert a claim against Rentals of the Carolina Upstate LLC. for Rentals of the Carolina Upstate LLC. negligence.

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The undersign hereby agree not to exceed the capacity (posted on boat) on any vessel provided by Rentals of the Carolina Upstate LLC and voluntarily releases, forever discharges and agrees to indemnify and hold harmless Rentals of the Carolina Upstate LLC. from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentals of the Carolina Upstate LLC regardless of the cause. I understand that by signing this agreement I am fully responsible for any damages or injuries to myself, others, and the equipment rented from Rentals of the Carolina Upstate LLC. I understand that under no circumstances may I hold Rentals of the Carolina Upstate LLC. Its owner, or any of its employees responsible or liable, and I have no right to legal action against Rentals of the Carolina Upstate LLC for any reason.

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INFORCTED BY CITY/COUNTY POLICE DEPARTMENT AND DNR THERE WILL/MAY BE A MINIMUM FEE OF $500 FOR DAMAGES TO WATERCRAFTS CAUSED BY THE RENTER. The undersigned agrees that he/she take full responsibility for any fines, charges, tickets or any legal action taken against them during the time of the rental. The undersigned further warrants that he/she is fully aware that he/ she is waiving any and all right he/she may have to bring a legal action to assert a claim against Rentals of the Carolina Upstate LLC. for Rentals of the Carolina Upstate LLC. negligence.

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REQUIRED SAFETY INFORMATION It is important that you understand the laws of the waterway. It could save your money or more important your life! It is also required by State Law that the person renting you the watercraft, must show you information on the safe operation of the watercraft. If he/she has not done that ask them to do so now! By signing this, you imply that you have been given instruction on the safe operation of the watercraft, and understand the basic law of the waterway. By signing this, you imply that you have received the basic rules/regulations provided as well as completed the requirement of educating yourself of all rules and regulations set by SCDNR. Failure to comply to these safety operations and laws could result in TICKETS, FINES, ARRESTS, POSSIBLE INJURY OR DEATH. SCDNR AND ALL CITY POLICE DEPARTMENTS SURROUNDING LAKE KEOWEE WANT YOU TO HAVE AN ENJOYABLE DAY ON THE WATER, BUT PLEASE DO IT IN A SAFE MANNER.

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PARTICIPANT’S INFORMATION (MUST PROVIED FEDERAL ID MATCHING PROVIDED INFORMATION BELOW)

First Name ____________________

Middle Name_____________________

Last Name________________________

Phone _________________________ Phone* _______________________

Drivers License # _____________________

Issuing State ________________

Address _________________________ Apt/Suite# ___________

City _____________________ State _________________ Zip ____________

Date of Birth _________________________ month/day/year

I am at least 25 years of age. No ___________ Yes ____________

Signature ____________________________

Date: _________________

Electronic Signature Consent*

By INITIALING HERE ____________ you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead you are waiving that right. After consent, you may, upon written request to us obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary. THE BELOW PORTION IS FOR PAPER COPY IN PERSON SIGNITURE ONLY IF UNABLE TO OR CHOSE NOT TO COMPLETE THIS AGREEMENT ELECTRONICLY, THIS PAPER COPY PROVIDED TO YOU IN PERSON THE DAY OF RENTAL, BY SIGNING BELOW YOU ARE AGREEING YOU TOOK THE TIME TO READ AND UNDERSTAND THIS DOCUMENT THAT WAS PROVIDED TO YOU VIA EMAIL PROIR TO RENTAL.

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