Customer has agreed to pay Onyx NC Holdings, LLC (“Owner”) for parking their vehicle(s) in the
parking facility located at 288 Hodges Gap Road, Boone, North Carolina 28607, a/k/a THC Parking
(collectively referred to as the “Facility”). Payment made to Onyx NC Holdings LLC constitutes
acceptance of the following terms and conditions concerning the Facility:
- Customer acknowledges that their use of the Facility shall be limited to the parking of an
operational vehicle, previously authorized by Owner, and in the area designated for parking within
the Facility. - Customer acknowledges and agrees that Owner does not make any representations or warranties
concerning the Facility, lighting in the Facility, safety in the Facility and/or security in the
Facility. - Customer acknowledges and agrees that Customer is not entrusting any vehicle or personal property
left in the Facility to Owner, and that utilizing the Facility does not create any obligation or a legal
duty, such as a bailment created on the part of Owner to secure and/or safeguard the vehicle or
personal property therein while same is parked or stored in the Facility. - Customer acknowledges and agrees that Owner shall not be responsible for any damage or theft to
the vehicle or personal property left therein, including any damage or theft that may be caused by
criminal activity that occurs while the vehicle is parked or stored in the Facility. - Customer acknowledges and agrees that Owner shall not be liable for any personal injury, illness,
or any other effect that may be caused by a condition found in the Facility, or by any criminal activity
in the Facility. - Customer acknowledges and agrees that Owner does not provide insurance to cover the vehicle or
personal property left therein, or to cover medical expenses for injuries, illness, or any other effect
resulting directly or indirectly from parking or storing the vehicle in the Facility. - Customer hereby releases and discharges, to the fullest extent permitted by law, Onyx NC Holdings
LLC, including its officers, agents, employees, managers, members, affiliated parties, and
individuals for whom it may be legally responsible (the “Released Parties”) from any and all
claims, actions, damages, losses, costs, or expenses incurred by Customer, directly or indirectly,
from parking or storing a vehicle in the Facility. - The Facility, and any dispute concerning the Facility shall be governed by and construed under
the laws of the State of North Carolina.