Participation Agreement and Release of Liability

Central Electric Power Cooperative, Inc. (Central) and your Electric Cooperative are implementing a program which uses smart thermostats to reduce energy load. In exchange for participating in the program, HOMEOWNER(S) with an Emerson smart thermostat will receive a one-time bill credit of $50.00 per thermostat. It may take up to 60 days for this credit to appear on your bill. Your Electric Cooperative may offer additional incentives.

In consideration of being a participant in this program and receiving benefits as described herein, HOMEOWNER hereby understands, acknowledges, and agrees as follows: (1) Permission is granted to Central to monitor and control the thermostat by increasing or decreasing the setting by up to 4 degrees and for up to 4 hours during high energy load periods through the HOMEOWNER’s Wi-Fi system; (2) HOMEOWNER retains the right to override such load control events; and (3) HOMEOWNER agrees to participate in this thermostat control program for a minimum of 12 months. If HOMEOWNER overrides or fails to be connected through Wi-Fi for more than 40% of the load control events during the first year or terminates participation prior to completing 12 months of participation following enrollment, then HOMEOWNER shall repay any incentives provided to HOMEOWNER by Central and/or the Service Cooperative.

RELEASE

HOMEOWNER hereby releases Central Electric Power Cooperative, Inc. and the Electric Cooperative providing power to the home from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with the services provided hereunder.

HOMEOWNER agrees that any and all disputes which cannot be resolved between HOMEOWNER and Central and/or the Electric Cooperative and any cause of action arising out of or connected with the services provided hereunder, shall be resolved individually, without resort to any form of class action, exclusively before a court located in South Carolina having jurisdiction. Further, in any such dispute, under no circumstances will HOMEOWNER be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, and HOMEOWNER further waives all rights to have damages multiplied or increased.

The address of the home to receive services pursuant to this agreement is the home registered to the Emerson thermostat(s).