Waiver, Release and Hold Harmless Agreement

YOU MUST READ, SIGN AND INITIAL THIS AGREEMENT BEFORE OPERATING, RIDING, OR PARTICIPATING IN A COMPANY SPONSORED ACTIVITY. IT RELEASES COMPANY FROM LIABILITY ARISING FROM YOUR PARTICIPATION IN A COMPANY SPONSORED ACTIVITY

In consideration for and as an express condition of operating, riding, or participating in a product demonstration, sea trial, or similar provided by One Water Assets & Operations, LLC, a Delaware limited liability company, with offices located at 6275 Lanier Islands Parkway, Buford, GA 30518 (hereafter referred to as the “Company”). I agree and acknowledge as follows:

For purposes of this agreement, the term “Company” includes its parents, subsidiaries, affiliates, and all other corporate affiliates, as well as their respective officers, directors, employees, agents, contractors, representatives, and any other persons acting on their behalf. This definition collectively encompasses all entities and individuals that may own, operate, or facilitate the use of the vessel involved in this activity.

This Waiver, Release, Indemnity, and Hold Harmless Agreement releases the Company and each of their respective present and former employees, officers, directors, owners, shareholders, and agents, individually and in their official capacities (collectively, “Releasees”) from any liability relating to my use, ride, or operation of any vessel owned or operated by the Company or any other product provided or distributed by Releasees during this activity.

I have been informed of applicable regulations, the operational features, and the care and safety precautions before using, riding, or operating the vessel. I know that vessel operation can be dangerous and exposes me to serious personal injury or death. However, I want to operate, ride, or use the vessel for my own needs, reasons, and desires and therefore choose to participate at my own risk.

I acknowledge and state that I am eighteen (18) years of age or older. No one under the age of eighteen (18) should be participating in the demonstration, sea trial, or stepping aboard the vessel. If, contrary to this requirement, a person under the age of eighteen (18) participates in any manner, they and their parent or guardian agree by signing this Agreement to waive all claims for any damages, injuries, or losses incurred during such participation pursuant to the remainder of this Agreement.

I agree to waive any claim or cause of action which I may now have or may have in the future against Releasees, by reason of any injury, damage, or other losses I may sustain arising out of my use, ride, or operation of the vessel. This waiver extends to any claims against Releasees, including but not limited to claims with respect to the design, manufacture, assembly, preparation, repair, or maintenance of the vessel, conditions, qualifications, instructions, rules, or procedures under which the use of the vessel is permitted or conducted, or from any other cause, except for claims arising from gross negligence or willful misconduct by Releasees.

I further agree to release, discharge, indemnify, defend, and hold each and all of the Releasees harmless from and against any and all claims, causes of action, demands, or charges of any nature arising out of my use, ride, or operation of Releasees’ vessel while participating in this activity even if caused in whole or in part by the negligence of Releasees.

I represent, state, and warrant that I have general liability insurance that covers my use, ride, or operation of a Company owned or operated vessel. If I do not possess such insurance, I knowingly and voluntarily choose to engage in the activity without insurance and expressly waive any legal rights to seek compensation from the Releasees for any injury, damage, or losses that may occur as a result of such lack of insurance coverage.

I agree to wear all recommended protective apparel and to operate the vessel according to all applicable laws. I have reviewed the on-board warnings, labels, and instructional material. I have also received verbal instruction regarding my safe participation in the activity use of the vessel. I have experience with the use of this type of vessel.

I agree not to participate or operate a vessel under the influence of alcohol, drugs, or anything that could impair my faculties and/or judgment. I have no physical or mental disability that interferes with the operation of a vessel.

I hereby agree not to sue Releasees for any injuries or damages of any kind including those caused by or resulting from Releasees’ own acts of negligence and/or design, manufacturing, or assembly defects in the vessel, except where such injuries or damages are caused by gross negligence or willful misconduct of Releasees.

I irrevocably consent to and authorize Releasees to use my name and likeness in any photos, video, or other reproduction of me while using the vessel, and Releasees may keep all film or prints of me, for any reason and without compensation.

I understand that there are inherent risks in operating, riding, or using a vessel. I acknowledge that I am freely and expressly assuming and accepting any and all risks of personal injury or death, and property damage including those caused by the negligence of Releasees and/or any design, manufacturing or assembly defects in the vessel, except where caused by gross negligence or willful misconduct by Releasees.

I also understand that if any part of this agreement is determined to be unenforceable, all other parts will be given full force and effect.

By signing below or acknowledging this agreement electronically, I understand and agree that my digital signature is legally binding, just as if I had signed this document in ink. I consent to using electronic records and signatures for this agreement.

IN CONSIDERATION FOR PARTICIPATING, OPERATING, RIDING, OR USING A VESSEL, I AGREE TO SIGN BELOW. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO THE CONTENTS.