Waiver of Liability

ASSUMPTION OF RISK, RELEASE, WAIVER, AND INDEMNITY AGREEMENT FOR AND IN CONSIDERATION of being allowed to participate in the Activities (as defined below), I acknowledge and agree to all terms and conditions contained in this agreement.

1. ACTIVITIES AND ASSOCIATED RISKS. I acknowledge that I have voluntarily chosen to participate in the rental and/or use of a boat, equipment, and/or other type of vehicle and related activities (the "Activities") operated by Carolina Catch Co. LLC ("Carolina Catch Co."). I understand, acknowledge, and agree that: The Activities are inherently hazardous, and I may be exposed to a variety of risks, dangers, and hazards, foreseen or unforeseen, which are inherent in traveling in a vehicle, boating, or recreation, exercise and related activities, including the dangers of serious personal injury, death, and property damage resulting from physical exercise and exertion; physical contact with other vehicles, other individuals and water hazards; falling or tripping due to water hazards, uneven surfaces, or debris; falling from heights, including falling off a boat; drowning and other hazards associated with being in the water; and other hazards associated with travel in a boat or other vehicle. These risks, dangers, and hazards cannot be eliminated without jeopardizing the essential qualities of the Activities. As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged. Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Activities, and I agree that Carolina Catch Co. assumes no responsibility for providing medical care during the Activities and that I will have to pay for any medical care and/or evacuation that I incur. _________(Initial)

2. ASSUMPTION OF RISK. I hereby freely, knowingly and voluntarily assume the above-mentioned risks, dangers and hazards, as well as all others not listed that are part of the Activities, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities, including, without limitation, any injury or loss caused by the negligence of Carolina Catch Co., its employees, agents and officers, its contractors, and other Activities participants. I also understand that any equipment that I provide or may borrow or rent from Carolina Catch Co. or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. I acknowledge that Carolina Catch Co has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activities. I also understand use of slides, any ladders, and use of the top deck of any of our vessels, including the Tiki Boat jump platform, in any manner is at my own risk. Any minors will be supervised by me at all times. I will ensure that any and all minors under the age of 13 will wear a US Coast Guard-approved life vest while the boat is underway, per SC law. The foregoing assumption of risk excludes gross negligence, intentional or reckless misconduct, or any other risk that South Carolina law does not permit to be assumed by agreement. _____________(Initial)

3. RELEASE AND WAIVER OF LIABILITY. To the fullest extent of the law, I hereby RELEASE AND FOREVER DISCHARGE Carolina Catch Co., its owners, Captains, members, managers, officers, directors, volunteers, affiliates, employees, agents, contractors, insurers, other Activities participants, the providers of any equipment used in the Activities, land owners, municipal or governmental providers of use permits, successors, and assigns, and their respective employees, officers, and directors (collectively with Carolina Catch Co., the "Released Parties") from and against, and WAIVE, any and all claims, demands, actions, causes of action, charges, costs, fees (including attorneys', accounting and court fees), damages, losses, expenses, judgments, settlements and losses of any kind, type and character (collectively, the "Losses"), resulting from, arising out of or relating to the Activities, including, without limitation, participation in and transportation to and from the Activities and any swimming, use of slide, ladders, jumping off of boats, or any use of the top deck of Tiki Boat or other activities in the water. The Losses released, discharged and waived expressly include, without limitation, death, personal or bodily injury, property damage, claims for strict liability for abnormally dangerous activities, and Losses suffered or resulting from any actions or omissions of any third-party, including, without limitation, any person participating in the Activities, equipment suppliers, and/or any person maintaining or repairing the premises in which the Activities are conducted. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that South Carolina law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against Released Parties for any Losses released, discharged and/or waived by this agreement. _______ (Initial)

4. INDEMNIFICATION. To the fullest extent of the law, I promise to INDEMNIFY, SAVE, DEFEND AND HOLD HARMLESS the Released Parties (defined in Section 3) from and against any and all Losses to which Section 3 of this agreement applies, including, without limitation, Losses resulting for their own negligence, from my negligence and/or from my conduct during the Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorneys' fees, that they incur because of any such Losses. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them._________ (Initial)

5. ALCOHOL AGREEMENT CLAUSE. Passengers and participants who are of legal age to drink alcohol are permitted to bring alcoholic drinks aboard the Carolina Catch Co. boat in such per person amounts as Carolina Catch Co. may from time to time determine appropriate. Alcohol is limited to beer, cider, champagne, or wine. Hard alcohol, liquor, and mixed drinks are not permitted aboard the boat. Carolina Catch Co. employees and contractors are not permitted to sell, furnish, or serve guests. I understand and confirm that alcohol consumption shall be at my own discretion, risk and liability, and that I may be required to produce government-issued photo identification prior to such consumption. I understand that Carolina Catch Co. reserves the right to remove me if, in the sole and Assumption of Risk, Release, Waiver and Indemnity Agreement 2 absolute discretion of Carolina Catch Co. or its employees or contractors, I become inebriated and misbehave, have the potential to cause harm to myself or any other person or persons, or violate any other rules or policies while using the boat or other equipment. If I am removed pursuant to this paragraph, it shall be without any sort of refund or reimbursement by Carolina Catch Co. I hereby assume all risk involved with the possession and/or consumption of alcohol, unconditionally release, discharge and waive any and all liability on the part of the Released Parties, and agree to indemnify, save, defend and hold harmless the Released Parties from and against any and all Losses, in any way related to or resulting from the possession and/or consumption of alcohol, including, without limitation, my death or personal injury relating to alcohol impairment. ___________(Initial)

6. USE OF MY LIKENESS. I understand that during the Activities I may be photographed, videotaped or otherwise recorded in electronic or other format or media. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Carolina Catch Co and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. I am not entitled to compensation for any such use of my name or likeness. ___________(Initial)

7. SEVERABILITY. I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by South Carolina law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. _____________(Initial)

8. APPLICABLE LAW, FORUM & ATTORNEY'S FEES. This agreement is governed by and shall be construed in accordance with the laws of the state of South Carolina, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in the courts of the State of South Carolina, Richland County or, if it has or can acquire jurisdiction, in the United States District Court, Eastern District of South Carolina, and I agree to the jurisdiction and venue of those courts for any such dispute. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non- prevailing party will pay all attorney's fees and costs of the parties seeking to uphold the agreement. ___________ (Initial)

9. ELECTRONIC SIGNATURE. I acknowledge that this agreement may be signed and transmitted bye-mail or any other electronic means and doing so constitutes effective execution and original signatures for all purposes. Electronic signatures may be used by the parties in lieu of the original signature page(s) of this agreement for any and all purposes. ______________(Initial)

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

Booking Guest Printed Name: __________________________________Phone: ______________________

Email: ___________________________ Address: ____________________________________________

Signature and/or Minor Consent: _____________________________Date:__________

Additional Guest Name / Signature: ___________________________________Date:___________