LOCAL MOCEAN CHARTERS WAIVER

FOR GOOD AND VALUABLE CONSIDERATION OF Releasor’s Operator’s and/or Other Person(s) participation in activities on or in the water that can be dangerous, including, but not limited to, boating, swimming, snorkeling, free diving, fishing, spearfishing, surfing and other activities related to chartering or renting a vessel from Local Mocean Charters, LLC including but not limited to, activities in or aboard or around the vessel being chartered or rented such as getting to and from the vessel by dinghy, eating and drinking during the charter, sun exposure and participating in recreational activities before, during or after chartering the vessel (collectively, “Boating Activities”), Releasor, Operator, and/or Other Person(s) acting for himself or herself and his or her spouse, children, legal representatives, heirs, agents, insures, successors and assigns (collectively, the “Releasors, Operators and/or Other Person(s)”), hereby releases, waives, and forever discharges any and all claims that Releasor’s, Operators, and/or Other Person(s) may have or ever had or will have against Local Mocean Charters, LLC and its present and former members, agents, employees, officers, directors, shareholders, affiliates, parent corporations, subsidiaries, representatives, attorneys, successors in interest, predecessors in interest, and assigns (collectively, the “Releasees”) including but not limited to any and all claims for personal injury, property damage, acts of God, or wrongful death arising out of or relating to the Boating Activities and to the Rental or Charter Agreement between Local Mocean Charters, LLC and the Releasor, Operator, and/or Other Person(s).

This Release, waiver, and discharge applies to all and any persons such as but not limited to Independent Contractors, Captains, First Mates, Guide and other Crew members or persons performing activities such as but not limited to cleaning, maintenance, repair, and or other tasks on or near any vessel on any day or at any time during the term of this agreement and not limited to Boating Activities.

Releasors, Operators, and/or Other Person(s) associated with this Release, waiver, and discharge are aware that Boating Activities and/or but not limited to other activities associated with a boat or vessel are inherently dangerous activities and are voluntarily participating in these activities with knowledge of the danger involved. Releasors, Operators, and/or Other Person(s) acknowledging this Release hereby assume full responsibility for the risk of bodily injury, death, property damage, or acts of God arising out of or related to Boating Activities or other activities whether caused by the negligence or Releasees or otherwise.

Releasors, Operators, and/or Other Person(s) acknowledge that they are permitted to bring alcohol and consume it during the chartering or renting a vessel from Local Mocean Charters, LLC. Releasors, Operators, and/or Other Person(s) take full and complete responsibility for the amount of alcohol consumed and for any and all actions taken after consuming alcohol as well as the age of those consuming the alcohol. Releasees are not responsible for monitoring the alcohol intake. Releasors, Operators, and/or Other Person(s) acknowledge that any participation in activities after consuming alcohol shall be at the Releasors, Operators, and/or Other Person(s) own risk.

Releasors, Operators, and/or Other Person(s) acknowledge that floatation devices are available for use and protection and are highly encouraged by Releasees. Any decision by Releasors, Operators, and/or Other Person(s) to participate in activities without a floatation device shall be at their own risk.

This Release, waiver and discharge applies to any and all manner of actions, suits, debt obligations, choices in action, contracts, covenants, warranties, claims, sums of money, judgments, demands, damages, and rights whatsoever in law or in equity, which have or may accrue in favor of any one or more of the Releasors, Operators, and/or Other Person(s) against any one or more of the Releasees, by reason of any facts or circumstances known or unknown, suspected or unsuspected, or which may hereafter arise as a result of the discovery of new and or additional facts, including without limitation, those arising out of, on account of, based upon, or in any way relating to Boating Activities, or other activities, the Agreement or the vessel or equipment covered by the Agreement, Releasors, Operators, and/or Other Person(s) expressly waive any and all benefits that would have otherwise been available under any statute, legal decision, or common law principle with respect to unknown suspected claims.

Releasors, Operators, and/or Other Person(s) shall defend, indemnify and hold Releasees harmless from any and all claims of any person or entity that may arise out of or relate to Boating Activities or other activities, the Agreement or the vessel or the equipment covered by the Agreement.

Releasors, Operators, and/or Other Person(s) hereby acknowledge that nothing in this Release shall be construed as an admission on the part of the Releasees or any unlawful or wrongful conduct or of any liability whatsoever to Releasors, Operators, and/or Other Person(s).

Releasors, Operators, and/or Other Person(s) expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the United States Virgin Islands and that if any portion is held invalid, the balance shall continue in full force and effect.

Releasors, Operators, and/or Other Person(s) warrant and represent that they have carefully read this Release, that they execute this Release with full knowledge of all rights they may have with respect to the matters set forth in this Release, that they have had independent legal advice or the opportunity to obtain such advice before executing this Release, and that they executed this Release of their own free will, and that no oral representations, statements, or inducements, apart from the foregoing written agreement have been made.