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2019 Bike Rental - Contract and Release

PLEASE READ THIS CONTRACT AND RELEASE CAREFULLY AS IT LIMITS YOUR LEGAL RIGHTS

February 21, 2020

EQUIPMENT USE, ASSUMPTION OF RISK & WAIVER AND RELEASE OF LIABILITY

In consideration for the use of a Duke Farms Foundation owned bicycle, helmet, and bicycle locking mechanism (hereafter collectively called Equipment) now or at any time in the future and for other good and valuable consideration, receipt and sufficiency of which is acknowledged, I (hereafter called Participant) acknowledge and agree to the following terms and conditions in order to participate in the Duke Farms Bikeshare Program (hereafter called Bicycle Program):

ASSUMPTION OF RISK: Participant (and Parent/Guardian if Participant is a minor) understands and accepts that using the Equipment and participating in the Bicycle Program may expose Participant to many risks, dangers, and hazards and may entail unavoidable risk of personal injury or illness (including but not limited to severe spinal or head injury), death and loss of or damage to property. Participant (and Parent/Guardian if Participant is a minor) chooses to participate in bicycling and freely assumes all risks, dangers, and hazards, whether or not described herein, known or unknown, inherent or otherwise.

WAIVER AND RELEASE: Participant (and Parent/Guardian if Participant is a minor) releases and forever discharge Duke Farms Foundation, the Doris Duke Management Foundation, the Doris Duke Foundation for Islamic Art and the Doris Duke Charitable Foundation, or any persons acting on the Foundations' behalf such as its agents, contractors, employees, officers, directors and/or trustees (hereafter collectively called Releasees) from any and all liability, demands, rights, causes of action and claims whatever kind or nature for any expense, injury, illness, death or loss of or damage to property which Participant may have or suffer, resulting from or arising out of any aspects of Participants use of the Equipment or participation in the Bicycle Program, due to any cause (known or unknown, foreseen or and unforeseen) whatsoever, including negligence, breach of contract or breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, direction, instructions or guidance as to the use of the Equipment or participation in the Bicycle Program. There are no warranties, express or implied, concerning the Equipment or Bicycle Program.

Participant (and Parent/Guardian if Participant is a minor) understands and accepts that the Releasees do not and cannot guarantee Participants safety or freedom from injury, illness or death while using the Equipment and participating in the Bicycle Program. It is Participants (and Parent/Guardian if Participant is a minor) intent to release and hold harmless the Releasees from all liability including, but not limited to, injury, illness, death or loss of or damage to property, whether caused by the negligence of Releasees or whether based upon breach of contract, breach of warranty, or any other legal theory. By signing this document, Participant (and Parent/Guardian if Participant is a minor) fully recognizes that if injury, illness, death or loss of or damage to property occurs while Participant is engaged in using the Equipment or participating in Bicycle Program, Participant (and Parent/Guardian if Participant is a minor) will have no right to make a claim or file a lawsuit against Releasees. This Agreement shall be effective and binding upon Participants heirs, next of kin, executors, administrators and representatives, in the event of Participants death or incapacity.

MINORS RELEASE (if Participant is under 18 years of age): As the parent or legal guardian of the minor Participant, I have the authority to enter into this Agreement on behalf of said minor Participant and on behalf of any other parent or legal guardian of said minor Participant. I have read this contract, understand its contents and will explain these terms and conditions to the minor Participant. I agree on behalf of said minor Participant and for myself to be bound by all the terms and conditions in this Agreement. I further agree, to the fullest extent allowed by law, never to sue Releasees and to release from liability, defend, indemnify and hold harmless Releasees from any claim made on behalf of the minor Participant or by any third party arising from the Participants participating in the Bicycle Program and presence at Duke Farms.

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Bicycle Program Rules

Participant (and Parent/Guardian if Participant is a minor) agrees to comply with the following rules in order to participate in the Bicycle Program:

1. Participant must wear a helmet at all times when riding the bicycle at Duke Farms. Duke Farms Foundation provides helmets to all participants free of charge.

2. Riding a bicycle may involve strenuous physical exertion. Participants are solely responsible for determining the adequacy of their skill, physical condition, and ability to use and operate the bicycle.

3. Equipment may only be used in the main Park Area of Duke Farms. Equipment may not be brought across public roadways (including Dukes Parkway West) or removed from Duke Farms.

4. Equipment is rented for two (2) hours. Equipment returned after the allotted two (2) hours will be subject to a late fee of $5 per hour for each bicycle. Equipment is due back the same day and at least thirty (30) minutes before Duke Farms closes. There are no refunds on early returns.

5. Participant assumes full responsibility for Equipment, damage to Equipment and/or loss (including theft) of Equipment during the rental period and until Equipment is returned.

6. Duke Farms is an alcohol and drug free environment. Participant may not be under the influence of alcohol or drugs.

7. Foundation reserves the right to refuse service or change Bicycle Program Rules at any time.

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By clicking agree, I have read, understand and expressly agree to all terms and conditions of this agreement and am aware that I am waiving certain legal rights.

I Agree

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent / Guardian Email Address

Email
Check to receive information regarding upcoming programs and events at Duke Farms.
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent / Guardian Name

First Name*

Last Name*

Relationship*

Phone*
Parent / Guardian Date of Birth*
Parent / Guardian Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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