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Fish and Fossil Charleston, LLC

WAIVER OF LIABILITY AND AGREEMENT TO INDEMNIFY

Please read this document carefully. By signing it, you are giving up certain legal rights and the rights of your minor child/children and/or ward(s)

RELEASEES: Fish and Fossil Charleston, LLC, its officers, directors, members, agents, employees, volunteers, independent instructors and their respective companies.

RELEASORS: You, the person who signs this Agreement, individually, and on behalf of your minor children, ward(s), personal representatives, executors, heirs, next of kin, all of whom are bound hereby.

ACTIVITIES: All activities occurring while on the boat or during any point of the charter with RELEASEES or sponsored by RELEASEES, whether on the property of RELEASEES, or elsewhere.

In consideration of being permitted to participate in the ACTIVITIES, RELEASORS expressly and voluntarily release, waive and forever discharge RELEASEES and agree to hold RELEASEES harmless from all acts, actions, inactions, omissions, causes of action, lawsuits, debts, controversies, damages, judgments, claims, and/or demands, whatsoever in law and/or in equity, including, but not limited to, any and all claims and lawsuits which allege any causes of action, including negligent acts and/or omissions committed by RELEASEES, or any of them, whether the action, acts, and/or omissions arise out of any damage, loss, personal injury, and/or death to RELEASORS while participating in, observing or as a result of participating in or observing any of the ACTIVITIES. RELEASORS acknowledge the inherent risks and hazards connected with the ACTIVITIES, including the risk of serious injury, death and/or property damage. RELEASORS assume the risk of such participation/observation and assume full responsibility for any damages RELEASORS might suffer.

RELEASORS agree to defend in any litigation, and indemnify and hold RELEASEES harmless from and against any and all losses, liabilities, claims, obligations, judgments, costs, expert fees, attorneys fees, damages, and/or expenses paid, incurred and/or suffered by RELEASEES a result of the ACTIVITIES in which RELEASORS participate, including, but not limited to damages suffered by others and caused by RELEASORS.

If a court of competent jurisdiction determines that any portions of this Agreement are void or voidable, RELEASORS agree that such portions) shall be stricken and the Agreement reformed to approximate as closely as the law permits, the intent of the stricken portions). The remaining portions of this Agreement shall continue in full force and effect.

RELEASORS represent (1) that they have full power and authority to enter into this Agreement, (2) that this Agreement has been duly executed and delivered, and is valid and legally binding in accordance with its terms. RELEASORS acknowledge that this Agreement extends forever into the future and will apply each and every time RELEASORS engage in the ACTIVITIES. RELEASORS acknowledge that they have been offered a copy of this Agreement.

In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to an award of its/his/her costs, attorneys fees, litigation expenses, and experts fees. This agreement shall be governed by the laws of the State of South Carolina, which will have exclusive jurisdiction over any matter resulting from this Agreement.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND DEFENSE AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY. I HAVE HAD A REASONABLE AND SUFFICIENT OPPORTUNITY TO READ AND UNDERSTAND THIS ENTIRE DOCUMENT, AND CONSULT WITH LEGAL COUNSEL. I KNOWINGLY AND VOLUNTARILY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.

If completing and executing this release and waiver of liability, assumption of risk, and defense and indemnity agreement on behalf of yourself as a participant. If completing and executing this release and waiver of liability, assumption of risk, and defense and indemnity agreement on behalf of a minor child and/or ward , please indicate below and authority to execute this document on their behalf. One (1) form must be completed for each person/participant.

, RELEASOR DATE:

First Name: Last Name:

Address: Phone:

E-mail:

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