Terms of Service | 5th Quarter Food Truck Park

The individual or company named below (referred to as the “undersigned”) desires to lease a food truck lot (the

"Activity") on the premises of Champion Land, LLC, a North Carolina limited liability company (“Champion

Land”) as leased and operated by 5th Quarter Food Park, LLC, a North Carolina limited liability company (“5th

Quarter”, and referred to collectively with Champion Land as “Releasee”) located at 6305 S. Hwy 16 Business,

Denver, NC 28037 (the "Premises"). In consideration of being permitted by the Releasee to enter the Premises and

participate in the Activity on the date hereof and any other times in which the undersigned participates in the

Activity (the “Term”) and in recognition of the Releasee's reliance hereon, the undersigned agrees to all the terms

and conditions set forth in this agreement (this "Release").

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby

acknowledged, the undersigned hereby agrees as follows:

1. The undersigned releases the Releasee and agrees to waive any claim against the Releasee, and

agrees to indemnify, protect, defend and hold harmless the Releasee, its managers, members, directors, officers,

employees and agents, from and against any and all claims, actions, demands, liability, cost and expense of every

kind and nature, including attorneys' fees and court costs, in connection with loss of life, personal injury and/or

damage to any person or property and: (a) arising from or out of any occurrence in, upon, or at the Premises, (b)

arising from or in any way related to, the use of all or any portion of the Premises by the undersigned and its

contractors, agents, or employees, and/or (c) caused by any act or omission of the undersigned or its contractors,

agents or employees.

2. At all times during the Term, as it may be extended, undersigned agrees to carry: (i) commercial

general liability insurance in the amount of $500,000.00 per occurrence , which shall include coverage for personal

liability, contractual liability, bodily injury (including death) and property damage, all on an occurrence basis with

respect to the activities carried on in or from the Premises and undersigned’s use and occupancy of the Premises

with coverage for any one occurrence or claim. (ii) commercial property insurance covering fire and extended

coverage insurance for the replacement value of undersigned’s property (including furniture, merchandise,

equipment, and other personal property) located on the Premises; and (iii) worker’s compensation and employer’s

liability insurance in amounts adequate to comply with applicable law. Upon request by the Releasee, the

undersigned will provide a certificate of insurance to the Releasee in form and content satisfactory to the Releasee,

evidencing all such insurance coverage.

3. The undersigned agrees to be solely responsible for loss or damage to its personal property and the

personal property of its employees and invitees on the Premises and hereby waives any claim for personal injury or

property damage related to its/their presence on the Premises pursuant to this Release. Further, the undersigned

agrees that it has inspected the Premises and accepts it AS-IS and WITH ALL FAULTS as suitable for its intended

use and agrees that it will use the Premises at its sole risk. The undersigned agrees to remove all trash and litter in

connection with its use of the Premises at the end of the Term.

4. This Release constitutes the sole and entire agreement of the Releasee and the undersigned with

respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings,

agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or

provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or

unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable

such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the

Releasee and the undersigned and our respective successors and assigns. All matters arising out of or relating to this

Release shall be governed by and construed in accordance with the laws of the State of North Carolina. Any claim or

cause of action arising under this Release may be brought only in the federal and state courts with jurisdiction in

Lincoln County, North Carolina, and I hereby consent to the exclusive jurisdiction of such courts.

RELEASE AND WAIVER OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION