PARKING LICENSE AGREEMENT, LIABILITY WAIVER, AND TERMS OF USE

Introduction

Southern Park A Truck LLC and its related entities (collectively, “Parking Lot Entities”) operate a private truck parking facility at 1550 Doug Barnard Parkway, Augusta, GA 30906 (the “Facility”). Access to the Facility is granted only to individuals and companies (collectively, “Users”) who explicitly agree to the following terms via signed or electronic acknowledgment. By entering, parking in, or otherwise using the Facility, Users acknowledge that this agreement is a condition of access and agree to be bound by its terms. This Agreement does not create a bailment, lease, or property interest; it is a revocable license only.

WARNING – READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, INCLUDING A COVENANT NOT TO SUE, AND SHOULD BE READ IN FULL BEFORE SIGNING.

1. Consideration and Mutual Agreement

In consideration of being permitted to enter and use the Facility, and in recognition of the risks described below, the User freely and voluntarily enters into this Parking License Agreement, Liability Waiver, and Terms of Use (“Agreement”). The User affirms they are of sound mind, not under duress, and at least 18 years old or a legal guardian signing on behalf of a minor. This Agreement applies to the User and to the User’s spouse, children, parents, guardians, heirs, next of kin, legal and personal representatives, executors, administrators, successors, and assigns.

2. Definitions

“Parking Lot Entities” means Southern Park A Truck LLC, Hermers Capital LLC, The Colorado Group Trust, Colorado Group LLC, Capital Asset Group LLC, Hermers Promote LLC, Mr. Land Boss LLC, and each of their affiliated, parent, and subsidiary companies, partners, members, officers, directors, shareholders, employees, agents, and volunteers.

“Activities” include entering the Facility, parking, driving, walking, maintaining or servicing vehicles (only in areas expressly designated and authorized in writing), assisting others, loading or unloading cargo, maneuvering commercial vehicles, and any other use of the Facility. The Facility is provided “as is” without warranties, and amenities (e.g., lighting, gates) may vary.

3. Assumption of Risk

The User acknowledges that using the Facility involves inherent risks. These risks include, but are not limited to: slip-and-fall injuries; collisions with vehicles or stationary objects; risks from large commercial vehicle blind spots, unsecured loads, vehicle rollaways, or interactions with heavy machinery; theft or vandalism of vehicles or personal property; risks from third-party criminal acts (e.g., assault or unauthorized entry); exposure to extreme weather or environmental conditions; uneven or hazardous surfaces; equipment malfunction; fuel or chemical spills; and the actions, omissions, or negligence of other Users. The User understands that these risks can result in bodily injury, illness, death, or property damage. The User affirms that they have inspected their vehicle and surroundings for safety. By signing this Agreement, the User knowingly and voluntarily assumes all risks associated with the User’s Activities at the Facility, except to the extent that such risks arise from the gross negligence or intentional misconduct of the Parking Lot Entities. Primary Users are responsible for notifying and ensuring any invited visitors (e.g., for vehicle servicing or pickups) acknowledge and agree to these risks and terms.

4. Release, Covenant Not to Sue, and Indemnity

5. Release of Liability. To the fullest extent permitted by Georgia law, the User releases and discharges the Parking Lot Entities from any and all liability, claims, demands, causes of action, and damages (including property damage, personal injury, death, economic loss, or consequential damages) arising from or related to the User’s Activities at the Facility for ordinary negligence of the Parking Lot Entities. This release does not apply to liability for gross negligence or intentional misconduct.

6. Covenant Not to Sue. The User agrees not to sue or assert any claims against the Parking Lot Entities for damages, injuries, or losses arising from ordinary negligence in connection with the User’s Activities at the Facility.

7. Indemnity. The User agrees to indemnify, defend, and hold harmless the Parking Lot Entities from any claims, demands, causes of action, damages, losses, or expenses (including reasonable attorney’s fees) brought by any third party arising from the User’s actions or omissions while using the Facility, including those related to User’s vehicle, cargo, equipment, or interactions with third parties, except to the extent caused by the gross negligence or intentional misconduct of the Parking Lot Entities. User further waives any right of subrogation by their insurers against the Parking Lot Entities for losses covered by this Agreement.

8. Facility Rules and Conditions of Use

9. Compliance With Rules. The User agrees to comply with all posted rules, operational guidelines, and instructions from Facility management. The User is responsible for ensuring that any vehicle or equipment used in the Facility is in safe working order.

10. Prohibited Activities. No mechanical repairs, oil changes, tire repairs, brake work, electrical work, or other vehicle maintenance is permitted on the property, except where expressly authorized in writing by Facility management and performed in designated maintenance areas. Adding windshield-washer fluid is permitted. Failure to comply may result in immediate removal from the Facility and additional charges as described below.

11. Environmental Protection. Spills of oil, fuel, or other hazardous materials are prohibited. Users are responsible for clean-up costs and may be charged a daily land-use fee for spills or other contamination caused by unauthorized maintenance or illegal activities. Vehicles involved in spills may be held as collateral until all fees and expenses are paid. Users are not allowed to carry hazardous materials, medical waste, radioactive products, petroleum-based products, paints, tires, or any type of environmental waste onto the premises. Restricted vehicles include dump trucks, petroleum haulers, waste haulers, manure haulers, oil haulers, medical waste haulers, or any hazardous material trucks.

12. Illegal Parking and Enforcement. Unauthorized vehicles—those parked without payment, without a valid permit, exceeding allotted time, or marked “For Sale”—may be booted, towed, or impounded at the owner’s expense. Vehicles left unpaid for 30 days or more will be considered abandoned and may be sold or disposed of according to Georgia law. The Facility may terminate this Agreement immediately and require any User to vacate for violating Facility rules or otherwise becoming unwelcome. Users waive any additional notice of violations.

13. Insurance Requirement. All vehicles must maintain current liability insurance and registration. Users are responsible for any damage to Facility property and for engaging parking brakes when vehicles are parked. The Facility is not responsible for theft or damage to vehicles or personal property. Proof of insurance, registration, driver’s license, and credit card must accompany this Agreement.

14. Parking Types and Payments. All sales are final. Refunds may be approved under limited conditions at the Facility’s discretion. Services are non-refundable. Users agree not to charge back payments; violations may lead to collection action and termination. Prices are subject to change without notice; current rates reflect on the website or portal.

Daily Parking: Fees are $25 per day, payable in advance through the Facility’s online portal. Payments are non-refundable once services have been provided.

Monthly Parking: Initial payment requires first and last month’s rent (applied to the final month upon proper cancellation). No proration based on days parked. Recurring fees are based on vehicle type (e.g., $150/month for box trucks, $200/month for tractors; see current pricing on reservations portal). Payments auto-charge to the authorized credit/debit card 7 days prior to the billing cycle. Users authorize recurring charges until canceled per the Cancellation Policy. Declined payments will be retried; split charges may apply if needed. Late payments incur a $25 fee per vehicle after 5 days; after 30 days, vehicles are deemed abandoned (see Enforcement).

15. Cancellation Policy. For monthly parking, Users must cancel via the website’s cancellation form at least 30 days prior to the next billing cycle. No verbal, email, or phone cancellations accepted. Upon timely cancellation, the last month’s deposit is applied, and no further charges occur. Failure to cancel timely results in full billing with no refund. The Facility may terminate without notice for violations, default, or any reason, with Users liable for enforcement costs including attorney fees.

16. Access and Security Rules. Gate codes must not be shared and gates locked upon every entry/exit—no exceptions, even if others are present. Personal vehicles must park in designated areas only (one per space, in place of commercial vehicle); Users accept full liability. A vehicle photo must be uploaded during signup. For protection, Users are advised to use kingpin devices, wheel/steering locks, GPS trackers, and own insurance—parking is at own risk with no security guarantee. Loaded trailers should use manned lots.

17. Parking Permits. Vehicles must display permits/stickers visibly (e.g., on windshield or mirror). Temporary permits emailed upon signup; place immediately to avoid towing. Hangers/stickers must be returned upon cancellation.

18. Image Release (Optional). If you consent separately in writing, the Parking Lot Entities may use photographs or video of your Activities for promotional or safety purposes. This consent is voluntary and is not a condition of entry.

19. Security Disclaimer. Pursuant to Georgia law (O.C.G.A. § 51-3-1 et seq., as amended 2025), the Facility is not liable for third-party criminal acts absent prior similar incidents making such acts foreseeable and gross negligence by the Parking Lot Entities. Users assume risks of such acts and agree to report suspicious activity promptly.

20. Miscellaneous

21. Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be severed, and the remainder of the Agreement will continue in full force.

22. Integration. This Agreement constitutes the entire understanding between the parties regarding the subject matter. No oral statements or prior agreements shall modify its terms. This Agreement supersedes any conflicting prior terms and may be updated prospectively via notice on the Facility’s website or portal, with continued use constituting acceptance.

23. Governing Law and Venue. This Agreement is governed by the laws of Georgia. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in or near Augusta, Georgia, or, at the election of the Parking Lot Entities, by binding arbitration under the rules of the American Arbitration Association (AAA). Each party waives the right to a jury trial for disputes related to this Agreement.

24. Electronic Communication. Users agree to receive communications electronically. Electronic signatures (including via DocuSign) are valid and enforceable.

25. No Waiver. Failure of the Parking Lot Entities to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that provision.

26. Binding Effect. This Agreement is binding on the User, the User’s heirs, legal representatives, and assigns, and benefits the Parking Lot Entities and their successors and assigns. No third party (other than the Parking Lot Entities’ agents) shall have rights under this Agreement. This Agreement may be executed in counterparts.

27. Acknowledgment and Signature

The User confirms that they have read this Agreement in its entirety, understand its terms, and enter into it voluntarily. If signing on behalf of a minor, company, or other party, the signer affirms they have legal authority to bind them. By signing below (physically or electronically), the User acknowledges and agrees to the assumptions of risk, release of liability, covenant not to sue, indemnity, and Facility rules set forth above. The User further acknowledges that this Agreement does not relieve the Parking Lot Entities of liability for gross negligence or intentional misconduct.