FIFTH ELEMENT CAMPING PRE-PURCHASE ORDER AGREEMENT This Pre-Purchase Order and Deposit Agreement (the “Contract”) is entered into on this , by and between Fifth Element Camping, LLC (“the Company” or “Fifth Element Camping”) and (“Buyer”), (cumulatively referred to as “the Parties”). In consideration of the Products to be rendered, the sums to be paid, and each and every covenant and condition contained herein, the parties hereto agree as follows: 1. Products. The Buyer hereby orders and the Company agrees to provide the following products: 2. Buyer recognizes and agrees that this Agreement to purchase products that are intended to be used with a vehicle and not actual modifications, work, and/or services on a vehicle. * If Buyer has a Honda Element model years 2007 – 2011, then rear side airbags may be in direct conflict with the Company’s side cabinet Products. There are potential options for resolving this situation, which should be discussed with the Company. It is Buyer’s obligation to address this situation and any efforts and/or actions Buyer takes to use Products in those Model Years is voluntarily and unilaterally taken on by Buyer and Buyer assumes all risk and waives all liability against the Company for any claims, damages or other allegations that may emanate from such situation. 3. Payment a. Initial Non-Refundable Order Deposit. Buyer will send an build deposit of $0.00 (initial deposit of $500 is applied) to the Company with this Contract, signed, to establish an Order of the Products outlined herein above. The deposit amount is non-refundable. The Products being created are custom and Company incurs significant costs and time expenditures related to ordering materials, manufacturing and coordinating the delivery of the Products. The Deposit is a fair and reasonable estimate of the actual damages the Company may incur if Buyer cancels the Order. b. Final Payment. The remaining amount of (includes FedEx Freight shipping from FEC to customer's nearest FedEx Freight if Shipping was requested) is still owed by the Buyer to the Company upon notice of completion of the Products identified above. Once Final Payment is completed, the Products will be available at the Company’s location for pickup. Final Payment must be completed prior to or in conjunction with pickup of Products. No Products will be released to Buyer without complete payment. c. Taxes. All applicable taxes, including but not limited to North Carolina sales tax, any duties together with any other import fees, governmental or any other fees or taxes of any kind due on account of the purchase(s) hereunder shall be paid by the Buyer. 4. The Fifth Element Camping System is for PERSONAL USE ONLY. IT IS NOT INTENDED FOR COMMERCIAL USE OR RENTAL. 5. Time of Completion. The Company estimates that it will take 100 days from the Order date herein to complete these Products. This is simply a time estimate and not a hardline Products completion date. The Company states and Buyer agrees that Buyer has no claims and the Company has no potential liability to Buyer for delay in development, preparation and scheduled availability of the Products. Buyer herein waives and agrees it will have no claims or damages against the Company for any delays that may occur for the Time of Completion of Products. 6. Pickup or Shipping At this time, and under this Contract, Products are available to Buyer for pickup or shipping. When Products are ready for Final Payment and Pickup or Shipping, the Company will notify Buyer and coordinate pickup/shipping. Shipping Fees are not listed on this agreement. 7. Liability and Indemnity. The Company assumes no liability to Buyer or Buyer’s guests, family members, passengers, or other Buyer invitee individuals who use or ride in Buyer’s vehicle with Products. The Buyer agrees to defend, indemnify, and hold the Company harmless from any and all suits or other claims by third parties stemming or emanating from the installation and use of Products outlined in this Agreement. 8. Warranty of Work: The Products simply have a warranty against any defects at time of purchase. Buyer should inspect Products at time of pick up and notify the Company if any alleged defects exist. There is no extended warranty in general or for natural wear and tear, abuse of the Products and/or vehicle in which they may be installed, negligence in installation, operation, and use, or any damage caused by any accidents in which the vehicle in which the Products are installed is involved. No warranty work will be completed if any monies are still owed and outstanding by the Buyer to the Company. 9. Miscellaneous. A. Future Purchases. This document contains important information about Buyer’s (future) purchases. It and the provisions and terms herein automatically apply to all purchases and transactions Buyer has with the Company. B. Not for Resale. Any Products purchased by the Buyer in accordance with this Agreement shall be purchased for the Buyer’s own use and not for the purpose of resell to any other individual or entity. These Terms and Conditions only apply to natural persons customers and are not applicable for retailers and legal entities. There is no resale allowed by any businesses or other retailers. C. No Export. In accordance with this Agreement no Products shall be purchased for the purpose of export to any country. The Buyer agrees not to export, re-export or transfer any Products without obtaining the explicit written permission of the Company. D. Entire Agreement. The foregoing, along with the attached estimate and any other exhibits, shall and does constitute the entire agreement of the parties, and there are no other provisions written or oral between parties. Any modification to this Contract shall be in writing, shall refer to the Contract and shall be signed by the parties charged. E. Remedies. In addition to any and all other rights a party may have available under the laws of the State of North Carolina, if a party defaults or breaches this Contract by failing to substantially perform any provision, the other party may terminate this Contract by providing written notice to the defaulting/breaching party. This notice shall describe the nature of the default(s) with sufficient detail. The party receiving the notice shall have _30_ days from the effective date of said notice to begin curing the default(s). Unless waived by the party providing notice, failure to cure or begin curing the default(s) within such time period shall result in automatic termination of this Contract. Termination of this Contract by Buyer will not include return of the Deposit. F. Force Majeure. If performance of this Contract or any obligation under it is prevented, restricted or interfered with by causes beyond either party’s reasonable control, and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. G. Governing Law and Venue. The Company and the Client agree that this Contract shall be governed by and construed in accordance with the laws of the State of North Carolina. The Parties agree that any suit relating to the Project under this Contract must be filed in Buncombe County, North Carolina. H. Unenforceability of Provisions and Severability. If any provision of this Contract, or any portion thereof is held to be invalid and unenforceable, then the remainder of this Contract shall nevertheless remain in full force and effect. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. I. Waiver. The failure of either party enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel compliance with all other provisions of this Contract. J. Attorneys’ Fees. In the event that there is alleged breach of this Contract and claims or a lawsuit ensues out of the responsibilities, duties and obligations under this Contract, then the prevailing party is entitled to have his or her attorney’s fees and costs paid by the losing party. Additionally, the Buyer agrees to pay all costs and expenses, including reasonable attorney and other legal fees, incurred by the Company in collecting any outstanding debt owed by the Buyer to the Company under this Contract. K. Survival. All representations and warranties of the Parties contained herein shall survive termination of this Contract and completion of the subject Project. IN WITNESS WHEREOF, the undersigned have executed this Contract as of the day and year first written above written to identical counterparts, each constituting an original of the document. Buyer hereto agree that facsimile and scanned signatures shall be as effective as if originals. BUYER: Sign:_____________________________________ Date: 2023 LIABILITY WAIVER AND INDEMNITY AGREEMENT Buyer assumes all risk and liability whatsoever from the installation and use of Fifth Element Camping Products. Vehicles equipped with supplemental restraint systems (air bags) deployed by impact should not be modified by an aftermarket product without first consulting the vehicle manufacturer. In the event of a collision or vehicular accident of any sort, Fifth Element Camping assumes no liability whatsoever for loss, loss of use, injury, loss of life and/or incidential or consequential damages. If the Buyer does modify or otherwise turn off air bags in his or her vehicle for purposes of using Products, such actions are voluntarily and unilaterally taken by Buyer and Buyer assumes all risk and waives all responsibility against the Company for any claims, damages or other allegations that may emanate from such situation and actions or omissions of Buyer. By signing this Agreement, Buyer acknowledges the risks associated with the installation and use of the Products and, as a condition to Pre-Order and receive and use Products, agrees to: (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH; (2) WAIVE, RELEASE, and NOT SUE, NOR MAKE ANY CLAIMS OR FILE ANY ACTIONS against Fifth Element Camping, LLC as well as any owner, operator, representative, employee, insurance carrier, subsidiaries, affiliates, shareholders, members, officers, directors, representatives, assignees, employees, and agents (“Releasees”); and (3) INDEMNIFY, DEFEND AND HOLD Releasees harmless from any and all claims, demands, actions, causes of action, losses or liabilities of it or third parties whatsoever arising from or related to Buyer’s installation and use of the Products. If by chance Buyer, or third parties because of product bought, installed and used by Buyer or others in the chain of commerce, has claims or damages against the Company, such claims and recovery are to limited to and no more than the cost of the Products purchased by Buyer. BUYER HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS AND AGREES WITH ITS CONTENTS AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. This Agreement shall be binding upon Buyer’s assignees, subrogors, distributors, heirs, next of kin, executors, personal representatives, and guests and passengers. BUYER: Sign:_____________________________________ Date: 2023