INTRODUCTION Southern Park A Truck LLC, Hermers Capital LLC, Hermers Equity LLC, The Colorado Group Trust, 1550 Doug Barnard LLC, and each of its related, constituent, or affiliated entities. WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER OF LEGAL RIGHTS, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND DEPRIVES YOU OF THE RIGHT TO SUE THE ABOVE-MENTIONED ENTITIES AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS CONSEQUENCES. IN CONSIDERATION of the services provided by Southern Park A Truck LLC, Hermers Capital LLC, The Colorado Group Trust, 1550 Doug Barnard LLC, and their related, constituent, or affiliated entities, collectively referred to herein as 'Parking Lot,' ACKNOWLEDGMENT OF RISK I, whether acting in my capacity as a Licensee, their agents, employees, drivers, and invited visitors, hereby acknowledge and agree to the following. This Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement ('Agreement') covers all activities I may undertake within the Parking Lot premises. This includes, but is not limited to, vehicle maintenance activities such as tire changing, car washing, and any other form of vehicle-related service or activity. I understand these activities may expose me to inherent risks, including the risk of injury, damage, or loss. By signing this Agreement, I assume full responsibility for any such injuries, damages, or losses that may occur as a result of my entering the Parking Lot, engaging in the aforementioned activities, or both. Furthermore, I extend this assumption of risk and responsibility to cover not only myself but also my spouse, children, parents, guardians, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns. Article 1 Health And Condition Representation 1.1 I affirm that I am in robust health and proper physical condition to safely access, remain within, and, where permitted, engage in activities at the Parking Lot. I confirm that I am not under the influence of any substances that might impair my ability to participate safely in the Parking Lot environment. Additionally, no health professional has advised me against utilizing the Parking Lot for its intended purposes. 1.2 I acknowledge and fully understand that Southern Park A Truck LLC strictly prohibits conducting mechanical repairs, car washes, or truck washes on its premises without explicit prior written authorization from facility management. I am aware that engaging in such activities without such written consent not only violates facility policies but also introduces unnecessary risks. 1.3 Should I partake in or initiate any of these prohibited activities without the required written authorization, I do so entirely at my own risk. I recognize and agree that the facility explicitly disclaims all responsibility for any resultant accidents, injuries, or damages stemming from these unauthorized actions. This declaration affirms my commitment to adhere strictly to the operational guidelines and safety protocols of the Parking Lot, thereby ensuring my own safety and that of others within the facility. 1.4 Furthermore, I understand that verbal agreements or understandings are not recognized as valid authorizations under any circumstances. Only written agreements, duly signed by authorized representatives of both the facility management and myself, shall constitute valid authorization to undertake activities that are otherwise prohibited by the facility’s policies. Article 2 Acknowledgment Of Risks 2.1 I fully recognize and accept the physical and mental alertness required for any activities within the truck parking facility, acknowledging the inherent hazards that may test both physical and mental limits. I understand that being within the facility—whether entering, visiting, or actively participating in any form of vehicle-related service or maintenance—exposes me to a broad spectrum of risks. These risks encompass, but are not limited to, the potential for serious bodily injury, illness, permanent disability, paralysis, and even death. Additionally, I am aware of the possibility of loss or damage to personal and facility property, exposure to extreme weather and environmental conditions, accidents resulting from interactions with other individuals, vehicles, or stationary objects, and the myriad dangers posed by adverse weather, uneven terrain, and various road and surface hazards. 2.2 The potential for equipment malfunction, the variability in safety measures, the diverse skill levels of other facility users, and scenarios outside the direct oversight of the truck parking facility further contribute to these risks. Moreover, I acknowledge that these risks might stem from my actions or negligence, those of other individuals within the facility, or the acts and omissions of the 'Released Parties' mentioned herein. With full awareness of these conditions, I voluntarily assume all associated risks and accept full responsibility for any and all damages, liabilities, losses, or expenses I might encounter as a result of my activities and presence in the truck parking facility. Article 3 Compliance With Rules and Regulations I fully understand and commit to familiarizing myself with, and adhering to, the Rules, Regulations, and laws established for the use of the truck parking facility. This commitment encompasses, but is not limited to, following all operational guidelines and safety protocols for any equipment used within the facility, as well as abiding by the specific rules and warnings of the parking facility. I recognize that I am solely responsible for my conduct and actions while within the facility, whether I am entering, visiting, or actively participating in any activities, including but not limited to assisting other users with tire changes, vehicle maintenance, or any other services conducted within the facility. Moreover, I take on the responsibility of ensuring the condition and suitability of any equipment that I either use or bring into the truck parking facility, to maintain the safety and integrity of the facility environment. 3.1 Permission for Use of Image: I grant the Parking Lot and its authorized agents the unrestricted right to use and publish photographs, videos, or other records of my activities within the Parking Lot for legitimate purposes, including promotional materials and safety training, respecting privacy laws. Article 4 Release And Indemnity 4.1 I hereby Release, Waive, and Covenant Not to Sue, and further agree to Indemnify, Defend, and Hold Harmless Southern Park A Truck LLC, Hermers Capital LLC, Hermers Equity LLC, The Colorado Group Trust, 1550 Doug Barnard LLC, and all their related, constituent, or affiliated entities—including their insurers, promoters, sponsors, advertisers, supporting law enforcement agencies, and other public entities, along with their respective parent, subsidiary, and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, representatives, and volunteers (collectively referred to as the "Released Parties"). This indemnification covers any liability, claims, demands, causes of action, damages, losses, or expenses (including court costs and attorney's fees) of any nature that may arise from or relate to my activities within the parking lot, whether I am entering, visiting, or actively participating in any capacity. This includes, but is not limited to, liabilities arising from the inherent risks of these activities or from the negligence, in whole or in part, of the Released Parties. Should I, or anyone acting on my behalf, pursue any claim against the Released Parties despite this Agreement, I commit to indemnify, defend, and hold harmless the Released Parties from any liability, including legal fees, that may arise as a result of such claim. Article 5 Terms And Conditions 5.1 Introduction: This document outlines the Terms and Conditions applicable to all individuals while within the premises of Southern Park A Truck LLC. It is important to note that while this document references mechanics and service personnel, Southern Park A Truck LLC does not authorize or permit any form of mechanical work, maintenance, or service activities to be conducted on-site without explicit prior written authorization from facility management. The purpose of these Terms and Conditions is to inform all visitors, including but not limited to mechanics and service personnel, of the strict prohibitions in place regarding unsanctioned activities within the facility, and to delineate the mandatory compliance requirements designed to preserve environmental integrity and ensure operational safety. Any individual found engaging in such prohibited activities without express permission will be subject to the consequences outlined herein, instituted to uphold the facility’s standards and protect all parties involved. 5.2 Daily Parking Licensing Agreement This License and Liability Waiver Agreement ("Agreement"), effective on the date endorsed by the undersigned licensee, is made by and between Southern Park a Truck, LLC ("Licensor") and the party endorsing this Agreement ("Licensee"), who may be an individual, a company, or an authorized representative. This Agreement grants the Licensee specific rights to use the premises under defined conditions and includes important limitations on liability and other terms that govern the use of the facility. 5.3 This Agreement grants a license to use the premises solely for the purposes detailed herein and does not create a bailment arrangement. All rights, titles, or interests in the premises remain with the Licensor, and the Licensee gains no proprietary rights through usage, whether by prescription, adverse possession, or any other means. 5.4 Access and Inspection Rights: The Licensor reserves the right to access the premises during business hours, in emergencies, and whenever else deemed necessary, to inspect the condition of the premises. This right extends throughout the term of this Agreement. The premises are not open to the general public, and access is restricted to the Licensee, their agents, employees, drivers, and invited visitors. 5.5 Refund Policy: Services provided are non-refundable. If the Licensee's account is terminated due to violation of this Agreement or the accompanying Acceptable Use Policy, all payments made become non-refundable. Licensees are prohibited from initiating chargebacks for services rendered. Any disputes over payments may result in collection actions. Article 6 Financial Terms 6.1 Rental Rate: The standard daily parking fee is $25. Payment must typically be made in advance to secure a parking spot. However, in recognition of the variable durations that Licensee may need to use the facility, we offer the flexibility to charge at the end of their stay. 6.2 Payment Method: Fees for daily rental must be paid in advance via our Internet portal. All payments should be made through the secure online system available at www.SouthernParkATruck.com. Please ensure that payments are completed prior to the commencement of your parking period to secure your spot. 6.3 Liability for Damages: Licensees are fully responsible for any damages incurred to the Licensor’s property during their use of the facility. This includes, but is not limited to, damage to buildings, fencing, gates, and pavements. Licensees are advised to exercise caution while driving and parking within the premises. Parking brakes must be engaged when vehicles are parked to prevent accidental movement and potential damage. Article 7 Definitions And Scope of Work 7.1 Mechanical Work and Maintenance Defined: Within the confines of Southern Park A Truck LLC, 'mechanical work' or 'maintenance' refers to any activities involving the manipulation, repair, or alteration of a vehicle's mechanical or electrical systems. This includes, but is not limited to, activities such as oil changes, tire rotation, brake repairs, engine diagnostics, and electrical modifications. Adding windshield fluid is the only exception to these restrictions and is permitted anywhere within the facility. 7.2 Scope Limitation: These activities are strictly prohibited within the gravel parking lot and any other areas of the facility, except in designated maintenance zones explicitly approved for such work by facility management. Performing any mechanical work or maintenance outside these designated areas without prior authorization will be considered a violation of this agreement. Article 8 Illegal Parking and Enforcement Measures 8.1 Illegal Parking Defined: No person shall park or operate a vehicle in or repeatedly drive through Southern Park a Truck, LLC unless authorized by contract. Illegal parking includes: 8.2 Parking without payment. 8.3 Exceeding the allotted parking time. 8.4 Vehicles without a valid Southern Park A Truck LLC parking permit or ID displayed. 8.5 Parking a vehicle marked "For Sale" on our property. 8.6 Consequences of Illegal Parking: Violation of these terms may result in the vehicle being impounded, booted, or towed at the owner’s expense. If the Licensor’s management determines that a Licensee violates any policy, or if Licensees are deemed unwelcome for any reason, the Licensor may terminate this Agreement immediately, requiring the Licensee to vacate the property. Failure to comply will result in the vehicle being considered "Illegally Parked." 8.7 Non-consensual Towing: Vehicles parked illegally may be removed from the property and impounded or booted at the owner's expense, adhering to the maximum rate tariff prescribed by law for towing and storage of trespassing vehicles. 8.8 Abandoned Vehicles: Vehicles left on the property unpaid for 30 days or more will be considered abandoned and may be barricaded, booted, towed, and/or impounded. Abandoned vehicles will accrue a storage fee of $50 per day. Legal proceedings may be initiated to transfer ownership of the abandoned vehicles to the facility. All costs related to these actions will be the responsibility of the driver or Licensee once court orders are finalized. Article 9 Liability And Owner's Responsibilities 9.1 Insurance and Documentation Requirements: All vehicles must have current liability insurance and a valid registration. A copy of the insurance card, driver's license, credit card, and completed Credit Card form must accompany this Agreement. The vehicle(s) parked must not engage in activities that increase the risk or insurance rates on the premises. Any rate increases attributed to the Licensee's actions will be the Licensee's financial responsibility. 9.2 Damage and Loss Liability: The vehicle owner assumes full responsibility for any damage to the property, including buildings, fencing, gates, or pavement. The licensee must exercise caution while driving and parking, ensuring parking brakes are engaged when parked. The licensee bears full liability for any damage or theft occurring during the term agreed upon, accepting all risks associated with parking at the facility. This includes, but is not limited to, losses from theft, vandalism, acts of nature, and other unforeseen events. Article 10 Restricted Activities and Vehicles 10.1 Maintenance Restrictions: No repairs or maintenance, including tire repairs or oil changes, are permitted on the property. Violators will be asked to leave immediately along with their vehicles. 10.2 Prohibited Materials and Vehicles 10.3 Transport or storage of hazardous materials, medical waste, radioactive products, and other specified substances is prohibited. Vehicles associated with these materials, such as dump trucks and waste haulers, are not permitted on the premises. 10.4 Compliance with Environmental Standards: Adherence to all relevant EPA guidelines and other environmental regulations is required, especially regarding the handling and disposal of hazardous materials. Article 11 Prohibition of Unauthorized Work 11.1 Scope of Applicability: While penalties for oil or hazardous material spills are enforced across the facility, specific areas such as the gravel section of the parking lot are subject to these penalties. The paved areas of the parking lot, including the workshop and the concrete grease trap area near the facility shop, are exempt from these penalties due to their designated use and containment facilities designed to handle such incidents. 11.2 Unauthorized Activities and Associated Penalties: If a customer or their authorized representative conducts prohibited activities, such as oil changes or any mechanical work, and this results in an oil or hazardous material spill, we will apply a land use fee of $5,000 per day. This fee is charged to all vehicles involved in or connected to the incident, including: 11.3 The vehicle causing the spill. 11.4 Any vehicles brought into the facility by the responsible individual. 11.5 Any other vehicles associated with the responsible party that are present in our parking lot at the time of the incident. Article 12 Enforcement Measures 12.1 To enforce this policy, we will retain these vehicles as collateral until the accumulated land use fees and any additional cleanup costs are fully paid. This measure ensures we recover all costs related to the cleanup of the spill. 12.2 Acknowledgment and Acceptance: By entering the Facility, Service Providers agree to these Terms and Conditions and adherence to Facility rules. 12.3 Modification and Severability: The Facility reserves the right to amend these Terms and Conditions. Continued service provision signifies acceptance of any changes. Article 13 Understanding And Agreement 13.1 I hereby confirm that I have meticulously read and fully understood this Agreement related to the use of the Parking Lot. By affixing my signature below, I recognize that I am waiving significant legal rights for myself, as well as for any minors, my spouse, children, parents, guardians, heirs, and next of kin, along with any legal and personal representatives, executors, administrators, successors, and assigns. I certify that my consent to these terms is given freely and voluntarily, without being influenced by any promises or assurances beyond what is stated in this Agreement. My signature symbolizes my total and unconditional agreement to the terms, conditions, and stipulations contained herein. This document represents the entire agreement between me and the management of the Parking Lot concerning the subject matter herein, with no other agreements, statements, or promises, oral or otherwise, affecting its terms. The reliance of the Released Parties on my agreement is specifically for my involvement in any form of activity within the Parking Lot, whether it be entering, visiting, or actively participating. Should any part of this Agreement be deemed invalid or unenforceable under the law, such a provision will be detached from the rest of the document, which will remain effective and enforceable. This Agreement is designed to be as thorough and encompassing as allowed by the laws of Georgia. Article 14 Miscellaneous 14.1 Electronic Delivery. Licensee hereby agrees that all communications with the Licensor, shall be via electronic delivery. 14.2 Governing Law. This Agreement shall be governed by the internal laws of Georgia without giving effect to the principles of conflicts of laws. Each party hereby (i) consents to the personal jurisdiction of the Georgia courts or the Federal courts located in or most geographically convenient to Augusta, Georgia, (ii) agrees that all disputes arising from this Agreement shall be prosecuted in such courts, (iii) agrees that any such court shall have in personal jurisdiction over such party, and (iv) consents to service of process by notice sent by regular mail to the address on file with the Licensor and/or by any means authorized by Georgia law. 14.3 Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT. 14.4 Acknowledgment and Agreement: By signing below, I affirm that all information provided by me is accurate. I have thoroughly reviewed, fully comprehended, and hereby consent to the terms outlined in the Combined Waiver and Release of Liability, Assumption of Risk, Indemnity Agreement, and Daily Parking Licensing Agreement. I understand that this document includes a release of liability and relinquishes certain legal rights that I, along with my dependents, may otherwise possess. 14.5 Signatures. This Agreement may be signed (i) in counterparts, each of which shall be deemed to be a fully executed original; and (ii) electronically, e.g., via DocuSign. An original signature transmitted by facsimile or email shall be deemed to be original for the purposes of this Agreement. 14.6 No Third-Party Beneficiaries. Except as otherwise specifically provided in this Agreement with respect to Agent, this Agreement is made for the sole benefit of the parties. No other persons shall have any rights or remedies by reason of this Agreement against any of the parties or shall be considered to be third party beneficiaries of this Agreement in any way. 14.7 Binding Effect. This Agreement shall inure to the benefit of the respective heirs, legal representatives and permitted assigns of each party, and shall be binding upon the heirs, legal representatives, successors and assigns of each party. 14.8 Titles and Captions. All article, section and paragraph titles and captions contained in this Agreement are for convenience only and are not deemed a part of the context hereof. 14.9 Pronouns and Plurals. All pronouns and any variations thereof are deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require. 14.10 Days. Any period of days mandated under this Agreement shall be determined by reference to calendar days, not business days, except that any payments, notices, or other performance falling due on a Saturday, Sunday, or federal government holiday shall be considered timely if paid, given, or performed on the next succeeding business day. 14.11 Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to its subject matter and supersedes all prior agreements and understandings. 14.12 Signature Page for the Combined Waiver and Agreement 14.13 This is the signature page for the Combined Waiver, Release of Liability, Assumption of Risk, Indemnity Agreement, and Terms and Conditions for the Daily Parking Licensing Agreement applicable to Licensees, their Mechanics, and Service Personnel at Southern Park A Truck LLC, located at 1550 Doug Barnard Parkway, Augusta, GA 30906.By signing below, whether acting in my capacity as a Licensee or as a guest of a Licensee, I acknowledge and agree to the following: 14.14 This document is legally binding and will take effect immediately upon signing. 14.15 It will remain in force indefinitely from the date of signature unless terminated according to the terms specified within the agreement. 14.16 By acknowledging and signing, I confirm my understanding of these terms and accept responsibility for adhering to them during my involvement with the Parking Lot at the specified address, regardless of my capacity. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
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