RENTAL, RELEASE AND INDEMNITY AGREEMENT In consideration for the rental of a golf cart from SB ISLAND CLUB GOLF CARTS, LLC d/b/a Island Club Golf Cart Rentals and Put-in-Bay Condo Golf Cart Rentals (“Company”) pursuant to this Rental, Release and Indemnity Agreement (“Agreement”), You (which term includes the person signing this Agreement and all persons driving, using or occupying the golf cart and their respective family members, heirs, executors, administrators, representatives, assigns and any person/entity claiming through them) jointly and severally agree to be bound by this Agreement and to fully comply with all of its terms and conditions. Any monies received by Company pursuant to this Agreement indicates acceptance by You of this legally binding Agreement. 1) All drivers of the golf cart must: (a) sign this Agreement; (b) be 18 years of age or older; (c) have a valid current driver’s license with them at all times (temporary permits not accepted); and (d) have insurance to cover all automobile and liability claims for injuries, death and damages to any person or property. The Company and its insurers will not be responsible for any such claims. 2) All DRIVERS AND PASSENGERS MUST WEAR SEATBELTS AT ALL TIMES – NO EXCEPTIONS. Failure to wear seatbelts could result in severe injury or death. No occupants in excess of the designated number of seats with seat belts. No one may sit on another person’s lap, including children. 3) The golf cart is a licensed motor vehicle and therefore, all Ohio and Village of Put-in-Bay traffic laws/regulations must be obeyed and followed and any moving and/or parking violations must be paid by the offender. 4) The following is ABSOLUTELY PROHIBITED by anyone in, on or using the golf cart: • driving without a valid current driver’s license; • open or closed alcoholic beverages in any form; • coolers and/or other containers of any kind holding open or closed alcoholic beverages in any form (except for a maximum of 15 minutes from cart pickup to Your destination); • marijuana, illegal drugs, narcotic substances (prescription or otherwise) and/or related paraphernalia of any kind; • operating the golf cart while drinking or under the influence of alcohol, marijuana, illegal drugs and/or narcotic substances (prescription or otherwise); • rough housing, speeding, excessive noise or horn blowing, unsafe or uncontrolled driving, standing or other inappropriate behavior and/or improper, illegal or unintended use or misuse of the golf cart; • operating the golf cart in water, on gravel, sandy, unpaved or private roadways, sidewalks, walking trails, interstates, highways, any roads over 45 mph or off South Bass Island. • tampering with, defacing or damaging the golf cart. 5) Always use headlights during and after dusk; always remove the key and secure/lock the golf cart; do not park in no parking zones, on any sidewalks or grass; do not pass other vehicles unless a proper lane is available. Immediately call the Company if the golf cart becomes inoperative for any reason (do not attempt to repair); the golf cart or any of its parts/accessories are lost, stolen or damaged; and/or any loss or damage to the any person or property. 6) Failure to follow any of the above and/or if anyone (police, officials, residents, employees, business owners, taxi drivers, guests, etc.) call or send the Company a time-stamped picture of Your violations, then the golf cart will be immediately seized by Company or local police with no refund and a fine of $100 will be automatically charged to Your credit card on file, in addition to all other liabilities, obligations, consequences and remedies provided in this Agreement. 7) You acknowledge and agree that: (a) You have had an opportunity to examine, inspect and test the golf cart, have found it to be in good working order and condition, accept it in its AS IS condition and will return it in the same condition at the end of the rental period; (b) You have become familiar with the operation of the golf cart and all warnings posted within or on the cart; (c) You have had the opportunity to read the Owner’s Manual which is made a part of hereof and contains important safety guidelines and warnings; (d) You understand and are capable of operating the golf cart safely and in accordance with the Owner’s Manual and this Agreement; (e) You know the inherent dangers of operating the golf cart and freely assume all risks, including injury and death, associated with or arising from the same and You agree to be legally and financially responsible for any and all damage, theft, loss, destruction or injury to any property or person (including death) related thereto, regardless of fault; (f) You are responsible for and will pay all damages and injuries to person or property related to this Agreement including, but not limited to: repair/full replacement of the golf cart at current market prices and all costs, expenses, attorneys’ fees and loss of use incurred by the Company; and (g) You are not relying on warranties or representations of any kind or nature, express, implied or otherwise in connection with the golf cart, which Company expressly denies. 8) Release and Indemnity. To the fullest extent permitted by applicable law, You hereby release, discharge and agree not to sue the Company and/or its members, shareholders, managers, directors, officers, employees, agents, representatives, insurers, contractors, affiliates, subsidiaries, parent companies, successors and assigns (collectively called “Released Parties”) for any and all personal injuries, death, losses, damages (actual, exemplary, punitive, consequential or other), obligations, liabilities, claims, demands, actions (including without limitation for negligence, breach of warranty, product liability or strict liability), judgments, settlements, fines, penalties, costs, attorneys’ fees and expenses, of any kind or nature whatsoever, at law or in equity, however caused, directly or indirectly, in contract or in tort, in connection with or arising in any way from the use, operation or possession of the golf cart, whether or not it is held or claimed that the same was caused or alleged to have been caused, directly or indirectly, in whole or in part, by a defective condition of the golf cart, the improper, unauthorized and/or negligent use of the golf cart, or an act of omission, commission, negligence or otherwise by the Released Parties (collectively referred to herein as “Claims”) and You further agree to indemnify and defend the Released Parties from and against any and all Claims made and/or recovered by third parties. This provision will survive the termination or expiration of this agreement. 9) Failure to Comply. Company is and will continue to be the sole owner of the golf cart at all times and has the right to terminate this Agreement and take possession of the golf cart at any time, for any reason. YOUR FAILURE TO FULLY COMPLY WITH THIS AGREEMENT WILL BE GROUNDS FOR IMMEDIATE RETRIEVAL OF THE GOLF CART WITHOUT REFUND OF ANY AMOUNTS PAID AND LOCAL LAW ENFORCEMENT MAY BE CONTACTED WHEN APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU (A) WAIVE ANY RIGHTS TO RECOURSE AGAINST COMPANY FOR ENFORCING ANY PROVISION OF THIS AGREEMENT AND (B) AGREE THAT COMPANY IS ENTITLED TO PURSUE ANY AND ALL AVAILABLE LEGAL REMEDIES, AT LAW OR IN EQUITY, IN THE ENFORCEMENT OR DEFENSE OF THIS AGREEMENT, AS COMPANY ELECTS, IN ITS SOLE DISCRETION AND YOU AGREE TO PAY ALL COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED BY COMPANY IN CONNECTION THEREWITH. THIS PROVISION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 10) This Agreement constitutes the entire agreement between You and Company pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether verbal or written. No modification, waiver or assignment of this Agreement will be binding unless signed by the Company. The provisions of this Agreement are severable, and if any one or more provision is determined by a court of competent jurisdiction to be invalid, illegal, not in conformity with applicable statutes, codes, ordinances, laws, orders, regulations and rules or judicially unenforceable, in whole or in part, that provision will be removed from this Agreement, or reformed/modified so as to be in accordance with such laws and regulations and the validity of the remaining provisions will not be affected and will continue in full force and effect. This Agreement may be executed, delivered and exchanged in person and/or through email, electronic, digital, facsimile or telephonic transmission, in any number of counterparts, each of which will be deemed an original and all of which, when taken together, will constitute one and the same document. 11) Rental Terms, Cancellations and Refunds. • All golf carts are filled with gas so there is no need to refill. • Reservations are only accepted for minimum of one (1) day rental during the week and two (2) day rental on the weekends. • Golf cart must be returned to the location delivered or picked up, in as good condition as received. • Midweek golf cart rentals start at 4 pm and are due back by 11 am the following day (unless otherwise noted). • Weekend golf cart rentals start at 4 pm on Friday and are due back by 11 am on Sunday (unless otherwise noted). • Payment must be made by credit card -- Visa, MasterCard, American Express and Discover. • Rental Fee: 100% of the rental fee is due at the time of booking. • Cancellations and Refunds: If You cancel Your reservation at least seven (7) days before Your pick-up date, then the amount paid will be refunded minus a $25.00 cancellation fee; if You cancel Your reservation between seven (7) days and 24 hours before Your pick-up date, then the amount paid will be refunded minus a $50.00 cancellation fee; if You cancel Your reservation less than 24 hours before Your pick-up date, then no refund will be issued. No cancellations will be accepted due to weather conditions. Cancellations must be made in writing and sent to reserve@putinbayreservations.com. A copy of the e-mail showing Your cancellation date and time is the sole proof of cancellation in the event of a dispute and You accept sole responsibility for providing this documentation. • Golf Cart Damages. YOU ARE FULLY RESPONSIBLE for all damages to the golf cart including, but not limited to all repairs (see examples of common repairs below) plus labor at $75+/hour, or full replacement of the golf cart at current market price, in the Company’s sole discretion, as well as all expenses, attorneys’ fees and loss of use incurred by Company. 12) GOVERNING LAW, DAMAGES AND WAIVER OF JURY TRIAL AND CLASS ACTION: This agreement and the rights and obligations of the parties hereunder are governed by and will be interpreted and enforced in accordance with the laws of the State of Ohio, without regard to any conflict of laws principles. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU MAKE ANY CLAIMS AGAINST COMPANY, NOTWITHSTANDING SECTION 8 AND ANY OTHER TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU VOLUNTARILY, KNOWINGLY AND FREELY: (A) AGREE THAT YOUR SOLE REMEDY AND MAXIMUM AGGREGATE RECOVERABLE DAMAGES FOR ALL CLAIMS WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER THIS AGREEMENT, (B) AGREE THAT ALL CLAIMS MUST BE MADE ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, (C) AGREE THAT THE EXCLUSIVE VENUE FOR ALL CLAIMS LIES WITH THE FEDERAL AND STATE COURTS FOR OTTAWA COUNTY, OHIO AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE AND PERSONAL JURISDICTION OF THOSE COURTS, AND (D) AGREE TO WAIVE ALL LEGAL AND CONSTITUTIONAL RIGHTS TO A TRIAL BY JURY IN ALL CLAIMS ARISING UNDER THIS AGREEMENT. THIS PROVISION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. THIS IS A BINDING LEGAL DOCUMENT. IF ANY PROVISIONS ARE NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. YOUR SIGNATURE BELOW CONFIRMS THAT: (a) YOU ARE AT LEAST 18 YEARS OF AGE; (b) YOU HAVE CAREFULLY READ, FULLY UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO FULLY COMPLY WITH ALL OF ITS TERMS, CONDITIONS, RULES, RESTRICTIONS AND OBLIGATIONS; (c) YOU ARE VOLUNTARILY, KNOWINGLY AND FREELY ENTERING INTO THIS AGREEMENT WITH THE FULL UNDERSTANDING OF ITS CONSEQUENCES INCLUDING, BUT NOT LIMITED TO THE INDEMNIFICATION, RELEASE, LIMITATION OF DAMAGES AND JURY TRIAL AND CLASS ACTION WAIVER PROVISIONS; (d) YOU AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD FOR ALL AMOUNTS OWED UNDER THIS AGREEMENT AND YOU AGREE NOT TO DISPUTE THE SAME. (e) YOU AGREE TO SIGN AN ADDENDUM TO THIS AGREEMENT WHEN YOU PICK-UP THE GOLF CART, WHICH WILL CONFIRM THE ACTUAL GOLF CART NUMBER AND REAFFIRM THAT YOU WILL COMPLY WITH THIS AGREEMENT.