水上摩托规则、免责声明及损坏赔偿规定

RULES AND ORDER FOR THE USES OF SEADOO SAFARI

1. The driver understands that the water jetski is a high-performance water motorbike (hereinafter referred to as "Jet Ski") which must always be operated with care and under the guidance of the Jet Ski guide. The driver shall pay full attention to the briefing regarding the operation of Jetski.

2. The minimum age of Jet Ski driver is 16 years old ("Driver") & the minimum age for the passenger behind the Driver is 5 years ("Passenger") (both Driver and Passenger collectively shall be referred to as " Riders")

3. The Driver must be free from influences of drugs, alcohol & other addictive including the medicine usage that could potentially affect the Driver's consciousness and fitness at least 24 hours before driving the Jet Ski. The Driver is recommended to seek advice from medical doctor prior to engaging in the usage of water jetski.

4. The Driver is prohibited from disposing of any trash in the water area and is obliged to maintain the habitat and ecosystem in the water area.

5. The Driver is prohibited from overtaking the Jet Ski guide and shall at all times follow the instructions of the Jet Ski guide.

6. The Rider shall respect other Jet Ski Rider and fishermen located in the water area.

7. The Rider is required to always wear a life vest while riding the Jet Ski.

8. The Driver is required to drive the Jet Ski on the same route (always following the Jet Ski guide) and is strictly prohibited from departing from the route guided by the Jet Ski guide.

9. The Driver is required to always maintain a distance of at least 30 meters from the other Jet Ski Driver.

10. The Driver is prohibited to drive a Jet Ski with a speed that exceeding 5 knots within 100 meters of the beach.

11. The Driver is prohibited to drive a Jet Ski in any fishing areas, snorkeling and diving spots.

12. The Rider shall drive the Jet Ski at his/her own risk. In the event of an unwanted event occurs such as any damage to Jet Ski or his/her personal items, injury, loss or death caused by the Rider's negligence during the duration of the trip, such damage, injury, loss or death shall not become the Seadoo Safari's Johor Bahru responsibilities and liabilities.

13. The Driver who drives the Jet Ski beyond the pre-determined time for whatsoever reason will be charged an additional fee according to the Seadoo Safari Johor Bahru fare.

14. The Rider will be fined MYR 1,000.00 (One Thousand Ringgit) for losing the Jet Ski key.

15. The Rider is prohibited to park or stop the Jet ski carelessly in any coastal area.

16. THE DRIVER MUST FOLLOW ALL INSTRUCTIONS PROVIDED BY SEADOO SAFARI

DISCLAIMER

• The Riders is/are fully aware that the Jet Ski is not insured by any insurance company and the Riders irrevocably and unconditionally agree not to sue claim for any compensation and/or pursue any claims against the Seadoo Safari Johor Bahru in connection with the absence of insurance for the Jet Ski.

• The Riders is/are required to follow safety instructions consciously in order to avoid any accident during the use of the Jet Ski.

• The Riders jointly and severally agree and undertake to compensate the damages to the Jet Ski in the event of any accident of damage occurs to the Jet Ski under the usage of the Riders as follows:

o Jet Ski damages due to collision: in the amount of MYR 10,000.00 (Ten Thousand Ringgit).

o If Jet Ski overturned: in the amount of MYR 2,000.00 (Two Thousand Ringgit).

• The Riders jointly and severally agree and undertake to compensate for any loss and damage to accessories and equipment lent by Seadoo Safari Johor Bahru to the Riders during the touring in accordance with the provisions of the Seadoo Safari Johor Bahru.

• Jet Ski Riders is/are willing to have their pictures taken (photographed) and/or recorded while riding the PWC or at the location. In this regard, the Rider allows the photo or video of himself to be used for the benefit of Seadoo Safari Johor Bahru and its affiliates, including giving permission to repost uploaded photos and/or videos that have been uploaded by the Rider on social media. In addition, the Rider state that any intellectual property rights of such photos or videos will become or be owned by Seadoo Safari Johor Bahru or its affiliates and will not claim for any compensation or benefits nor sue them for the mentioned matter.

I am willing to take any responsibility and undertake not to pursue any claim whatsoever against Seadoo Safari Johor Bahru including its employee, management and/or in the event of any accident caused by me as a result of violation of the rules and regulations above.

The Seadoo Safari Johor Bahru has given me clear instructions on how to drive a Jet Ski and explained about safety precautions as stated above. I hereby agree to accept and comply with the rules and order mentioned above.

DECLARATION

I declare that I:

1. Is legally competent to sign this Statement Letter.

2. Have fully read and understand the rules and regulations of Seadoo Safari Johor Bahru and undertake to comply with all the rules and regulations for the use of Jet Ski ("Jet Ski") managed by Promark Powersports (M) Sdn.Bhd. ("Company").

3. Agree and acknowledge that all and any risks involved in using the Jet Ski and understand that the activities that I will participate having risks that can result in serious injury(ies), such as physical disability and/or even death for myself, passengers or other parties.

4. Fully waive the Company as the management of Seadoo Safari Johor Bahru from any and all responsibilities to provide compensation, and any time release the Company including but not limited to its management, employees, staff, agents, and companions/passengers from any and all claims, losses, lawsuits, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of all kinds and nature, whether known or unknown, in law or justice, which I have ever had or may have, arising out of or in any way in connection with my activities when renting, using and / or operating a Jet Ski from the Company.

5. Release the Company, including its employee management, staff, agents for any and all losses, claims and / or lawsuits (either on behalf of myself, my heirs, my agents, my representatives, my family) for personal damage, loss of personal property, personal injury light or heavy and / or even the death of the rider, passenger or any party resulting from the negligence, operation and use of the Jet Ski.

6. Responsible for the use of the Jet Ski, and bear any and all the risks inherent in rent, operate and use of the Jet Ski and agree to bear any and all responsibility to pay and compensate for any and all claims, claims for damage to the Jet Ski and / or bodily injury (including death) due to negligence, use and operation of the Jet Ski (including but not limited to compensation from the passenger of the Jet Ski).

7. Agree to immediately stop to operate the Jet Ski if at any time it becomes unsafe or damaged and shall immediately notify the Company. This provision does not release me from any liabilities for any loss, damage and / or injury resulting from the use, rent, and operation of the Jet Ski.

8. Agree that there are no provisions related to insurance for the Jet Ski and the use of the Jet Ski or any express and implied guarantees that have been made in connection with the use, operation, and rental of the Jet Ski.

I understand and agree that the provisions of this Statement Letter cannot be waived, amended, and revoked, in whole or in part, except with a prior written consent of the Company. The provisions in this Statement Letter shall continue in full force even after the cessation of the activities mentioned above, either by agreement, by legal operation, or vice versa.

If, at any time, any of the provisions in this Statement Letter becomes invalid or invalid or cannot be implemented in any way under the laws of Malaysia, then the validity and validity of the other provisions in this Statement Letter will remain valid and will not affected or disturbed in any way.

This Statement Letter is binding on both me, my heirs or my legal representatives.

This Statement Letter is governed and interpreted based on the laws of Malaysia. Any dispute,

lawsuit or claim arising out of or in connection with this Statement Letter shall be subjected to the exclusive jurisdiction of the Malaysian Court.

This Statement Letter is an integral part of the registration form letter that I have signed.

I sign this Statement Letter with full awareness without coercion from any party and legally

competent and competent to sign and implement this Statement Letter.

WAIVER LETTER

I, the undersigned, hereby acknowledge and agree that I have undergone the safety briefing/training/induction conducted by the Company prior to using the jet ski or other water sports equipment, articles, items or tools provided by the Company (collectively, “Equipment”) and I have fully understood the training, instructions, directions and all other rules and regulations imposed by the Company for the purposes of me using the Equipment and the local characteristics of the waterway where the Equipment is to be operated (“Waterway”). We have been given sufficient opportunity to raise any questions pertaining to the Equipment and the Waterway and, by signing this letter, I confirm that all questions have been answered satisfactorily and I have no further questions. Furthermore, I acknowledge that the Company expressly disclaimed any and all express, implied or statutory warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice in relation to the Equipment and I have inspected the Equipment and found it to be in a suitable and good working condition. I also confirm that I am confident in my understanding of the operation of the Equipment along/on the Waterway and shall comply with all the instructions, directions and all other rules and regulations imposed by the Company from time to time. I am also satisfied with the weather conditions.

I acknowledge, agree and fully understand all the risks associated with the activities involved using the Equipment along/on the Waterway (whether all such risks have been identified or not, known and unknown of which shall include but without limitation, injury (physical or emotional), disability, bodily injury, accident, sea animals/ creatures attacks, allergic, paralysis, death, loss of property and includes inherent risks which cannot be eliminated due to factors beyond the Company’s control including, but not limited to, the actions of third parties, collision with other participants and/or other members of the public, force majeure and acts of God) (collectively, “Risks”) and I voluntarily, irrevocably and unconditionally agree, accept, acknowledge and assume the Risks and shall be solely responsible for the Risks involved in the activities undertaken by me using the Equipment along/on the Waterway. I also acknowledge that the activities using the Equipment may be undertaken by me without direct supervision by the Company and I agree that I am responsible for my own safety at all times.

I have not consumed and I am free from drugs, alcohol and other addictive/ substances including medicine usage that can potentially affect my consciousness at least 24 hours before using the Equipment.

I do not have any health/ medical issue, concern or condition which may make my participation in the activities involving the Equipment along/on the Waterway unsuitable or more dangerous or may increase any risk of death/injury to me or others, or make it more likely that I will be involved in an incident which could result in any form of injury during the activity involving the Equipment. I have sought all the necessary consultation/ advice from medical experts/ consultants prior to my participation in any activities involving the use of the Equipment along/on the Waterway and I am in good and healthy condition.

In the case of a parent or guardian, the undersigned specifically acknowledges that he/she has assessed the Risks for the child (below the age of 18) participating in the activity and personally assumed the necessary additional supervision of the child, if any, to manage the Risks or, deemed the child capable of participating in the activity despite the potential for harm or danger in the face of the Risks. I owe duty of care to the said child and I shall be personally responsible for the safety of the said child.

I hereby irrevocably and unconditionally waive in full any and all such claims and rights that I have against the Company and I hereby release and discharge the Company from any liability whatsoever with respect to me or any persons (whether invited by me or not, including minor children and whether as a rider or a passenger) using the Equipment along/on the Waterway.

I further fully waive, release and discharge the Company from any and all claims of whatever nature, from any and all liability of whatever nature, from all claims of property damage, from all claims of personal injury including, but not limited to wrongful death, that may arise out of, or be the result of, or be contributed to in any way, by the direct or indirect use of the Equipment and/or participation in the activities involving the Equipment or activities provided by the Company EVEN IF CAUSED BY

THE NEGLIGENCE OF THE COMPANY.

This letter is legally binding upon me immediately upon my execution. If any term in this letter shall be held to be illegal, invalid or unenforceable, in whole or in part, under any law, enactment or rule of law, such term or part shall to that extent be deemed not to form part of this letter but the legality, validity or enforceability of the remainder of this letter shall not be affected.

JET SKI DAMAGE, LOSS-OF-USE (DOWNTIME) & PAYMENT POLICY

1) Condition of Jet Skis (New Unit Standard) The Operator provides jet skis that are new and well maintained ，the Rider accepts the jet ski in good condition upon handover.

2) Rider Responsibility for Damage During Use The Rider is fully responsible for any damage, loss, missing parts, abnormal wear, misuse, negligence, or incident occurring during the Rider’s session, including passenger actions.

Damage includes (non-exhaustive): collision/impact, grounding/beaching, hull scratches/cracks, intake/impeller/wear ring damage, steering/reverse/trim damage, seat/handlebar damage, rope/line entanglement, water ingestion, operating in shallow/prohibited areas, and any recovery/towing situation.

3) Minimum Charges (RM3,000 Minimum — Not a Cap) If damage is identified or reasonably suspected during the Rider’s session, the Rider agrees to pay immediately the following minimum charges:

Minimum Jet Ski Damage Fee: RM 1500 (minimum charge) Minimum Loss of Use / Downtime Charge: RM 1500 (minimum charge)

These minimum charges are not a maximum cap. Final charges may exceed these amounts depending on actual damage, required parts, repair scope, and downtime.

4) Additional Charges (On Top of Minimums) In addition to the minimum charges above, the Rider agrees to pay all applicable costs, including (where applicable):

spare parts, labour, diagnostics/inspection, testing, and workshop fees recovery/towing/transport fees (on-water recovery, trailer, workshop transfer) cleaning/decontamination (e.g., sand/saltwater ingestion, fuel contamination) administrative/processing fees third-party property damage and/or claims caused by the Rider fines/penalties imposed by authorities arising from Rider conduct

5) Loss of Use / Downtime Definition “Loss of Use / Downtime” includes any period the jet ski is unavailable due to inspection, damage assessment, repairs, parts ordering/shipping delays, workshop scheduling, testing, cleaning, transport/recovery, and/or insurance/claim/administrative processing. Downtime is chargeable even if delays are outside the Operator’s control (e.g., parts availability).

6) Assessment & Evidence The Rider agrees the Operator may rely on photos/videos, staff reports, and mechanic/workshop findings to assess damage and downtime. The Rider acknowledges minor external marks may indicate internal/mechanical damage, and repair scope may only be confirmed after inspection and/or disassembly.

7) Payment, Deposit & Recovery The Rider authorizes the Operator to retain any security deposit (if collected) and apply it toward outstanding charges.

If charges exceed the deposit, the Rider agrees to pay the balance immediately or within 24 hours of invoice/notification.

If unpaid, the Rider agrees the Operator may pursue recovery actions, and the Rider shall be responsible for reasonable recovery/collection/legal costs as permitted by law.

8) Instalment Plan (Hardship Cases Only — Up to 3 Months) If the Rider is genuinely facing financial hardship, the Operator may, at its sole discretion, approve an instalment plan of up to 3 months. Instalments do not waive or reduce any amounts payable. The plan is valid only after a signed instalment arrangement and timely payments. If the Rider defaults/late pays/stops paying, the Operator may demand immediate full settlement and pursue recovery actions (as permitted by law). The Operator may require a first payment/security deposit as a condition of approval.

9) Final Acknowledgment I have read and understood this 1 page Addendum. I agree that the minimum damage fee is RM1500 and the minimum loss-of-use/downtime charge is RM1500, and that additional charges may apply.