Release of Liability, Assumption of Risk & Indemnification Agreement

I enter this Agreement in favor of SOFLO DOCK SLIPS LLC d/b/a DockItUp and its members, managers, officers, employees, agents, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”). It applies to my use of the Platform and my participation in searching for, listing, reserving, accessing, using, or occupying private docks and waterfront property through DockItUp.

DockItUp is a technology marketplace. It does not own, lease, operate, manage, maintain, physically provide, inspect, or independently certify private docks and is not the physical dockage provider.

I understand that boating, docking, mooring, waterfront access, docks, walkways, piers, seawalls, pilings, cleats, lifts, gangways, ladders, utilities, shore-power equipment, electrical systems, fueling, hurricanes, tropical storms, lightning, wind, storm surge, flooding, tides, wakes, currents, wave action, changing water depth, submerged or floating objects, debris, dock or structural failure, vessel movement, fire, mechanical systems, environmental conditions, wildlife and animals, vehicles, theft, vandalism, neighboring vessels, emergency response, governmental or harbor action, and the acts or omissions of users and third parties involve inherent and other risks. Risks include slipping, falling, drowning, collision, allision, grounding, electrocution, fire, explosion, sinking or partial submersion, pollution or environmental damage, vessel or property damage, bodily injury, illness, disability, and death.

I understand that additional risks may arise when a vessel is unattended, overstays, is disabled, becomes adrift, sinks or partially submerges, leaks or creates an environmental hazard, obstructs access or navigation, is left after occupancy rights end, or is alleged to be abandoned. Those risks may include storm or weather damage, line or fender failure, breakaway, unauthorized boarding, theft, vandalism, towing, relocation, storage, salvage, emergency stabilization, pollution or environmental response, governmental or harbor action, third-party claims, and disputes concerning possession, custody, removal, ownership, liens, storage, or disposal.

I knowingly and voluntarily assume, to the fullest extent permitted by law, all risks associated with my vessel, guests, invitees, conduct, Platform-facilitated activities, and access to or use of a dock listed on DockItUp, whether known or unknown and whether arising from conditions, third parties, or ordinary negligence.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FOR CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE RISKS DESCRIBED ABOVE, MY USE OF THE PLATFORM, A DOCK LISTED ON DOCKITUP, MY VESSEL, MY GUESTS, OR THE ACTS OR OMISSIONS OF A DOCK OWNER, RENTER, OR OTHER THIRD PARTY.

THIS RELEASE INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, BUT ONLY TO THE EXTENT SUCH A RELEASE IS PERMITTED BY APPLICABLE LAW. IT DOES NOT RELEASE GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT LAWFULLY BE RELEASED.

I am responsible for my vessel’s condition and operation, accurate vessel information, safe approach and departure, lines and fenders, navigation, compliance with law and property rules, and the conduct and safety of my guests and invitees. If I am a Dock Owner, I remain responsible for authority, listing accuracy, dock condition, access, maintenance, utilities, and property-specific requirements.

If I am a Renter, I am responsible for timely removing the vessel and personal property when the lawful occupancy right ends and for not abandoning or intentionally leaving the vessel at the property without a separate lawful right or agreement to remain. DockItUp does not take possession, custody, control, title, or a lien over the vessel merely because a transaction used the Platform and does not undertake a duty to tow, move, board, secure, store, salvage, sell, dispose of, or otherwise physically control it. Nothing in this Release authorizes unlawful self-help.

The Dock Owner establishes the renter liability-insurance requirement applicable to the listing and is responsible for deciding what requirement is appropriate for the property and circumstances. DockItUp does not determine or recommend the appropriate coverage amount.

DockItUp may collect, store, display, and use renter-provided insurance information; apply technical eligibility rules using that information; compare renter-provided coverage amounts and dates with the owner-selected listing requirement; and facilitate controlled booking-specific access for the relevant Dock Owner.

The Renter remains responsible for the truthfulness, authenticity, currency, and continued validity of submitted insurance information and proof. DockItUp is not an insurer, broker, agent, underwriter, claims adjuster, risk manager, coverage adviser, or guarantor and does not independently authenticate, recommend, underwrite, interpret, approve, certify, or guarantee insurance, continued coverage, legal adequacy, or claim payment.

My User-to-DockItUp indemnification obligation is governed exclusively by Section 15, “Indemnification,” of the current Terms of Service, which is incorporated into this Agreement. This Section 6 does not create a separate or competing indemnification standard.

DockItUp may provide support, preserve messages or evidence, administer refunds under frozen terms, or review workflow status. Those activities do not make DockItUp the physical dock provider, bailee, custodian, salvor, towing provider, insurer, court, or determiner of legal fault, liability, coverage, ownership, abandonment status, removal rights, or damages between a Dock Owner and Renter.

Any dispute between me and DockItUp arising from this Release or the Platform is governed exclusively by Section 16, “Dispute Resolution Between You and DockItUp,” of the current Terms of Service, which is incorporated into this Agreement. That section includes Federal Arbitration Act governance, individual binding arbitration, a class and representative-action waiver, Florida governing law for user–DockItUp disputes, and a jury-trial waiver where enforceable.

This incorporation does not impose Florida law on the separate physical-rental dispute between a Dock Owner and Renter. That dispute remains governed by the frozen Dock Rental Agreement and its applicable dock-location provisions.

If any provision is unenforceable, it will be severed or limited to the minimum extent necessary, and the remainder will remain effective. Electronic acceptance, the associated document version and hash, timestamp, authenticated user, role, source, and technical evidence may be used to prove my agreement.

I acknowledge that I have had a reasonable opportunity to review this Agreement, understand that it affects substantial legal rights, am legally competent to accept it, and accept it voluntarily.