Rental Agreement, Waiver of Liability and Release
Effective Date: June 10, 2021. (español)
BLUE DUCK’S SERVICES ARE MADE AVAILABLE TO YOU ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT, WAIVER OF LIABILITY AND RELEASE (“AGREEMENT”). BY ACCEPTING THIS AGREEMENT OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN SECTION 9 BELOW. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO HAVE ANY DISPUTE HEARD IN COURT BY A JUDGE OR JURY. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, YOU AGREE TO ASSERT CLAIMS AGAINST BLUE DUCK ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement is a legally binding agreement between you (“Rider”, “You”, or “Your”) and Blue Duck Express, Inc. (“Blue Duck”). You and Blue Duck are sometimes referred to in this Agreement as a “Party” or as the “Parties.” This Agreement sets forth the terms and conditions that govern Your use of both Blue Duck’s electric kick scooters and Blue Duck’s electric bikes (the “Mobility Device(s)”), the related proprietary mobile application (the “App”), and all other equipment, software, services and information provided or made available to You by Blue Duck in accordance with this Agreement (collectively, the “Services”).
You should carefully read this Agreement in its entirety before accepting it or using the Services but set forth below is a list of certain terms that Blue Duck wants to bring to your initial attention.
- You must be at least 18 years old, weigh 220 pounds or less, and be in proper physical condition to operate a Mobility Device.
- You may not allow anyone else to use a Mobility Device that You have activated, nor may You carry an additional person or child on a Mobility Device.
- It’s Your responsibility to conduct a safety inspection of a Mobility Device before initiating operation.
- You must lock the Mobility Device at the end of Your ride. If You fail to do so, You will continue to be charged the rate specified at www.flyblueduck.com. The maximum charge for a single trip is $200 for 24 hours. For additional information regarding rental charges, see Section 2.4 below.
- At the end of Your ride, You must park the Mobility Device in an accessible area. Do not leave a Mobility Device in any restricted area, such as on private property, in a locked area or any other non-public or inaccessible space.
- You must obey all local laws when operating a Mobility Device, including, without limitation, traffic laws, helmet laws, rules and regulations pertaining to moving vehicles and/or parking, and those which are intended to protect pedestrians.
- You must promptly report a damaged, malfunctioning or stolen Mobility Device to Blue Duck via the App.
- Rental and Use.
1.1 Sole Responsibility. You and Blue Duck are the only parties to this Agreement. You are the sole renter of the Mobility Device and You are solely responsible for compliance with the terms of this Agreement. When You activate a Mobility Device, You are the only one that can use it. You may not allow anyone else to use a Mobility Device that You have activated.
1.2 Safe Operation. You represent and certify that You are at least 18 years old, do not weigh more than 220 pounds, and are in proper physical condition to operate a Mobility Device without risk to Yourself or others. You acknowledge and agree that You are responsible for determining whether the prevailing weather, visibility, traffic or environmental conditions make it dangerous to operate a Mobility Device. If at any time You believe that conditions are unsafe or that You are no longer in proper physical condition to operate a Mobility Device, You will immediately discontinue such operation.
1.3 Personal Safety. You acknowledge that Blue Duck recommends that You wear a Snell, CPSC, ANSI or ASTM-approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while operating a Mobility Device. You acknowledge that You may need to take additional safety measures or precautions not specifically addressed in this Agreement. You acknowledge and agree that Your failure to wear a helmet or take additional safety precautions is done at Your own will and risk. You acknowledge and agree that Blue Duck is not liable for any injury suffered by You while using the Services or operating a Mobility Device, whether or not You are wearing a helmet at the time of injury.
1.4 Mobility Device Safety Inspection. You agree to conduct a basic safety inspection before using a Mobility Device, checking for signs of damage, unusual or excessive wear, or other mechanical problems or maintenance issues. You agree not to operate a Mobility Device if there are noticeable issues, and to immediately notify Blue Duck at email@example.com of any such issues.
1.5 Area of Use. You acknowledge that: (a) Blue Duck does not provide or maintain places to ride Mobility Devices; (b) Blue Duck does not guarantee that there will always be a safe place to ride a Mobility Device; and (c) roads, sidewalks, traffic lanes, and routes may become dangerous due to weather, traffic, or other hazards. You agree to use and operate Mobility Devices only in metropolitan areas where it is permitted to do so. You agree that You will not operate or use a Mobility Device on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others.
1.6 Issues Inherent to Mobility Devices. You acknowledge that the Mobility Device is an electric vehicle and that the level of charge power at the time You initiate operation, and the distance and/or time that You may operate the Mobility Device before charge power decreases or is lost, is not guaranteed and will vary with each rental. You agree that it’s Your responsibility to check the charge power level before initiating operation and You understand that the Mobility Device may run out of power and cease to operate at any time during Your rental, including before You reach Your desired destination.
1.7 Compliance with Laws. You agree to follow all applicable laws pertaining to using, riding, parking and operating a Mobility Device, including, without limitation, traffic laws, helmet laws, rules and regulations pertaining to moving vehicles and/or parking, and those which are intended to protect pedestrians.
1.8 No Tampering. You agree that you will not tamper with, attempt to gain unauthorized access to, or otherwise use any Blue Duck systems or equipment other than for purposes of renting and using a Mobility Device pursuant to this Agreement.
1.9 Mobility Device Condition Upon Return. You agree to return the Mobility Device to Blue Duck in the same condition in which it was rented. You will not be responsible for normal wear and tear.
1.10 Limitation on Availability of Services. Blue Duck does not represent or warrant the availability of the Services or of a Mobility Device at any time. You agree and acknowledge that the Mobility Devices are not available 24 hours a day, 7 days per week, 365 days per year. You acknowledge that the number of Mobility Devices is limited and that Mobility Device availability is never guaranteed. You agree that Blue Duck may require You to return a Mobility Device at any time.
1.11 Reporting of Certain Events. You agree to promptly report to Blue Duck at firstname.lastname@example.org any accident or collision involving, or damage, loss or theft of, a Mobility Device. In addition, You agree to file a report with the local police department within 24 hours of any incident resulting in personal injury or property damage.
1.12 Damaged Mobility Devices. You accept full responsibility for the Mobility Device and agree to pay for any damage to the Mobility Device at full retail value if damaged to the extent that repairs are not practical or feasible.
1.13 Lost or Stolen Mobility Device. A Mobility Device may be deemed lost or stolen if (a) it is not returned within 24 hours of initiation of the rental; (b) its GPS unit is disabled; (c) it is parked in a restricted area, on private property, in a locked area, or in any other non-public space for more than 10 minutes after a ride ends; (d) it moves more than 30 feet after a rental has ended and Blue Duck believes such movement was not caused by another rider or authorized party; or (e) other facts and circumstances suggest to Blue Duck in its reasonable good faith determination that it has been lost or stolen. You agree that You, if the last rider of the Mobility Device, will be responsible for a lost or stolen Mobility Device unless facts and circumstances suggest otherwise to Blue Duck in its reasonable good faith determination. If Blue Duck deems a Mobility Device lost or stolen, Blue Duck will have the authority to take any and all actions it deems appropriate, including, without limitation, obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. The data generated by the Service’s system is conclusive evidence of the period of use of a Mobility Device by a Rider. You must report the disappearance or theft of a Mobility Device as soon as you become aware of it. You acknowledge and agree that You are responsible and liable for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Mobility Device.
1.14 Prohibited Acts. You agree that:
- You won’t carry any briefcase, backpack, bag, or other item that might impede Your ability to safely operate the Mobility Device.
- You won’t use a smartphone or other device that may distract You from safely operating the Mobility Device.
- You won’t operate a Mobility Device when under the influence of alcohol, any illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug which could impair Your ability to safely operate the Mobility Device.
- You won’t carry an additional person or child on a Mobility Device.
- You won’t use the Mobility Device for hire, or for racing, off-road, stunt or trick riding.
- You won’t use any locking mechanism not provided by Blue Duck. You won’t add another lock to a Mobility Device or lock a Mobility Device to a tree, fence or any other item.
- You won’t park a Mobility Device in any restricted area, such as on private property, in a locked area or any other non-public or inaccessible space.
- You won’t dismantle, modify, repair or deface a Mobility Device, any part of a Mobility Device, or any other Blue Duck equipment in any way, nor will you mark on, peel off or otherwise tamper with any sticker on a Mobility Device.
- You won’t ride or park a Mobility Device on any roads, driveways or surfaces likely to cause damage to the Mobility Device.
1.15 Blue Duck Owns the Mobility Devices. You acknowledge and agree that Blue Duck will at all times retain exclusive ownership and title to the Mobility Device and any equipment attached thereto.
- Payment and Fees.
2.1 Fees. You may use the Mobility Device on a pay per ride basis or otherwise in accordance with the pricing described in the App. Fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Blue Duck. Blue Duck will charge the fees as described in this Agreement using Your agreed payment method.
2.2 Agreed Payment Method; Wallet. When you create an account using the App, Blue Duck will create an electronic wallet (“Wallet”) for You to hold credits that you purchase for riding Mobility Devices. You must provide valid and complete credit or debit card information before You will be registered to use the Services and have a Wallet created, and You agree to keep such information current in order to keep using the Services. You represent and warrant that (a) the credit or debit card information that You provide is true, correct and complete, (b) You are duly authorized to use such card for the purchase of the Services, (c) charges incurred by You will be honored by the card company, and (d) You will pay charges incurred by You at Blue Duck’s current prices, regardless of the amount quoted on the App at the time the charges are incurred. If You dispute any charge, you must contact Blue Duck within 10 business days from the end of the month in which the disputed charge was made and provide Blue Duck with all information necessary to identify and investigate the disputed charge.
Blue Duck requires that each Rider have in his or her Wallet an initial security deposit of at least 5 credits ($5.00), after which You may choose to deposit any amount you wish in Your Wallet as a “top-up” (i.e., adding additional credits) which will go towards the cost of Your rides. If You exceed the amount of credits in your Wallet, You will have a negative balance and You will not be able to initiate another ride until You add additional credits to Your Wallet so that there is a positive balance. If Your Wallet has a negative balance for thirty (30) consecutive days, Blue Duck will process payment to the payment method on file for Your account in order to bring Your Wallet to a zero balance. If You do not intend to top-up your Wallet again (e.g., because You were using a Mobility Device in a city on vacation and do not intend to return),You may request a refund of any remaining credits on deposit in your Wallet by emailing Blue Duck at email@example.com.
2.3 Promotional Codes. Promotional codes, if any, are only redeemable via the App. Promotional codes are limited to one per customer and account, and may not be combined with other offers, or be transferred or resold. Blue Duck reserves the right to modify or refuse application of a promotional code at any time.
2.4 Maximum Rental Time and Charges. Maximum Mobility Device rental time is 24 hours. Though You may immediately reactivate, You agree to deactivate the rental within 24 hours of the time that Your rental began. You agree that You are solely responsible for being aware of time elapsed since initiation of a Mobility Device rental. The maximum daily charge of $200 is based on a calendar day. In the event of the late return of a Mobility Device, You will be charged the greater of accumulated rental charges, or the maximum daily charge. Mobility Devices not returned (locked and deactivated) within 48 hours may be considered lost or stolen and Blue Duck may file a police report and/or charge You up to $750. Blue Duck may also charge You a service fee of $25 for rentals in excess of 24 hours where the Mobility Device is not actually lost or stolen.
2.5 Pick Up Fees. If You are unable to return a Mobility Device to a valid area (i.e., You deactivate the Mobility Device in a restricted area), and request that it be picked up by Blue Duck, Blue Duck may, at its sole discretion, charge You a pick-up fee up to $120. If any Mobility Device accessed under Your account is abandoned without notice, You will be responsible for all Trip Fees until the Mobility Device is recovered and deactivated, plus a service charge (currently $120) to recover the Mobility Device.
All fees are subject to change in Blue Duck’s sole discretion.
- Releases; Disclaimers; Limitation of Liability; Assumption of Risk; Indemnification.
3.1 Releases. You (acting for Yourself and for all of Your family, heirs, agents, affiliates, representatives, successors and assigns) (each, a “Releasing Party” and collectively, the “Releasing Parties”) do hereby fully and forever release and discharge Blue Duck and its affiliates, and each of its and their directors, officers, owners, shareholders, managers, employees, agents, representatives, insurers successors, and assigns, and, to the fullest extent permitted by law, any municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which You utilize the Services, and every property owner or operator with whom Blue Duck has contracted to operate the Services, and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (each, a “Released Party” and collectively, the “Released Parties“) from any and all injuries (including, but not limited to, death), losses, damages, claims (including, but not limited to, negligence claims), demands, lawsuits, expenses, and any other liability of any kind (collectively, “Claims”), of or to You, Your property, or any other person, arising directly or indirectly out of or in connection with Your use of any of the Services including, but not limited to, the rental, use, operation or malfunction of a Mobility Device, even if it is due to the negligence, injudicious act, omission, or other fault of a Released Party. Such releases are intended to be general and complete releases of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as intended third-party beneficiaries of such releases.
You understand and agree, that, except where expressly prohibited by law, You elect to and do assume all risks for Claims, known or unknown, suspected or unsuspected, arising under this Agreement, and specifically waive any rights that You may have under any statute or common law principle in any jurisdiction. You understand and agree that if You later discover facts different from or in addition to those that You know or believe to be true, such waivers and releases will be and remain effective in all respects notwithstanding such different or additional facts or the discovery of such facts.
3.2 Disclaimers. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK. NEITHER BLUE DUCK NOR ANY OF THE OTHER RELEASED PARTIES REPRESENTS OR WARRANTS THAT ANY MOBILITY DEVICE OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR, ERROR-FREE OR OPERABLE.
NEITHER BLUE DUCK NOR ANY OTHER RELEASED PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR VIA COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
3.3 Limitation of Liability. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, NEITHER BLUE DUCK NOR THE OTHER RELEASED PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, A MOBILITY DEVICE OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF ANY LAW, (D) YOUR NEGLIGENCE, MISCONDUCT OR OTHER ACTION OR INACTION, (E) YOUR FAILURE TO WEAR A HELMET WHILE USING A MOBILITY DEVICE, OR (F) ANY THIRD PARTY’S NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION.
YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE.
THE CUMULATIVE LIABILITY OF BLUE DUCK AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, IS LIMITED TO THE SUM OF $100.00.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
3.4 Assumption of Risk. You are solely and fully responsible for the safe operation of the Mobility Device. You acknowledge that the Mobility Devices are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. You understand that operating a Mobility Device involves inherent risks and dangers of accidents, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from Your own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the condition of the Mobility Device itself, or weather or road conditions, among other causes. Further, there may be other risks not known to You or reasonably foreseeable. You understand and have considered the risks involved, and voluntarily and freely choose to assume those risks. By choosing to ride a Mobility Device, You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that neither Blue Duck nor any other Released Party is responsible for any injury, damage, or cost caused by You with respect to any person or property, including the Mobility Device itself.
You understand that neither Blue Duck nor the other Released Parties provide You with any insurance (including, but not limited to, life, medical or liability insurance) for any illness, accident, injury, loss, or damages that may arise in connection with Your use or of the Services and/or operation of a Mobility Device. You agree that You will pay Your own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury arising from or relating to Your use of the Mobility Device.
3.5 Indemnification. YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BLUE DUCK AND THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR OPERATION OF A MOBILITY DEVICE, INCLUDING, BUT NOT LIMITED TO, YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT. You will use Your best efforts to cooperate in the defense of any claim and acknowledge and agree that a Released Party may, at its own expense, employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification under this Agreement.
- Term and Termination.
4.1 Term. The term of this Agreement begins when You first use the Service and ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under this Agreement expires one year after Your last use of the Services.
4.2 Termination by Blue Duck or by You. At any time and without notice or consent, Blue Duck may unilaterally terminate Your right to use the Services. You may terminate Your use of the Services at any time; provided, however, that (a) no refund will be provided by Blue Duck, (b) the term of this Agreement will continue as set forth in Section 4.1 above, and (c) You may still be charged applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
- Authorization to Use Image and Likeness. You hereby irrevocably permit, authorize, grant, and license Blue Duck and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use Your image, likeness, appearance and other personal characteristics, and all materials created by or on behalf of Blue Duck that incorporate any of the foregoing (collectively, “Materials“) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose, including, but not limited to, advertising, public relations, publicity and promotion of the Services without further consent from, or royalty, payment, or other compensation to, You.
You agree that Blue Duck will be the exclusive owner of all rights, including copyright, in the Materials, and You acknowledge and agree that You have no right to review or approve Materials before they are used by Blue Duck. Your further agree that Blue Duck has no liability to You for any editing or alteration of the Materials or for any distortion or other effects resulting from Blue Duck’s editing, alteration, or use of the Materials, or Blue Duck’s presentation of You. Any credit or other acknowledgment of You, if any, will be determined by Blue Duck in Blue Duck’s sole discretion. Blue Duck has no obligation to create or use the Materials or to exercise any rights granted herein.
To the fullest extent permitted by applicable law, You hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known, in any jurisdiction throughout the world arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Section 6 or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and covenant not to make or bring any claim described herein against any of the Authorized Persons, and forever release and discharge each Authorized Person from liability under such claims.
- Notice. Blue Duck may be contacted by emailing us at firstname.lastname@example.org
- Governing Law; Dispute Resolution. You and Blue Duck each agree that this Agreement and any dispute arising out of or relating to this Agreement will be governed by the laws of the State of Texas without regard to its choice or conflict of law provisions or rules. Any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement will be settled exclusively by arbitration involving one arbitrator and administered by the American Arbitration Association or its successor in accordance with its Commercial Arbitration Rules or other applicable rules as determined by the arbitrator. Arbitration proceedings will be conducted in San Antonio, Texas in the English language, and, at the request of either Party, result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Judgment on an award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be confidential, and neither You nor Blue Duck may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The costs of arbitration will be borne equally by the Parties, with each Party paying its own attorneys’ fees and expenses unless there is a statutory provision that requires otherwise; in such instance, the fees and costs awarded will be determined by applicable law.
- Waiver of Class and Collective Actions. To the fullest extent permitted by applicable law, YOU AND BLUE DUCK AGREE THAT (A) ANY CLAIM BROUGHT BY YOU AGAINST BLUE DUCK THAT ARISES FROM OR RELATES TO THIS AGREEMENT WILL NOT BE ASSERTED AS A CLASS ACTION OR COLLECTIVE ACTION, WHETHER IN ARBITRATION, COURT OR ANY OTHER FORUM, AND (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, NOR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF. Disputes between the Parties arising from or relating to this Agreement will be resolved only on an individual basis and will not be joined or consolidated with any other proceeding that involves any claim or controversy of any other party. Neither Party will have a right to resolve such disputes on a class action basis or on any basis involving such disputes brought in a purported representative capacity on behalf of other persons or entities similarly situated or the general public.
- Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision will be affected or rendered invalid or unenforceable by virtue of the fact that, for any reason, any other provision hereof may be invalid or unenforceable in whole or in part.
- Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
- Final Agreement; Unilateral Modification. This Agreement contains the complete, final and exclusive integrated agreement between the Parties with respect to its subject matter and supersedes all prior agreements, whether written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Blue Duck may unilaterally amend, modify or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any of the Services after any such amendment, modification or change, You agree to be bound by all such amendments, modifications and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications and changes. Whenever a change is made to this Agreement, Blue Duck will post a notification on its website at https://www.flyblueduck.com/rental-agreement/ (the “Website”). The pricing set forth on the Website supersedes all pricing set forth in this Agreement or elsewhere.
- Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number will each include the singular number or the plural number. All pronouns include the masculine, feminine and neuter pronoun forms.
- Voluntary Execution of this Agreement. This Agreement is entered into voluntarily and without any duress or undue influence by or behalf of Blue Duck. You acknowledge that You (a) have read this Agreement; (b) understand the terms and consequences of this Agreement, including the releases it contains; and (c) are fully aware of the legal and binding effect of this Agreement.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I am the Rider, I am at least 18 years old, and I have read and expressly agree to the terms and conditions set forth in this Agreement.