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Bike Hub @the Mobility Center

Individual, hereinafter, ("You") agrees to complete all requested information, sign, and date and return this form immediately to the Parking Authority of the City of Memphis and County of Shelby, Tennessee d/b/a Downtown Mobility Authority (hereinafter, "Operator"), and agrees to and accepts the following terms and conditions:

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* 1. Contact info

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* 2. Bicycle Infomation for Bike 1

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* 3. Bicycle Infomation for Bike 2, if no bike 2 - leave blank.

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* 4. Please read and check the box to acknowledge/accept: 

1.    Agreement. This agreement entitles you to park up to two (2) bicycles only (no motor-operated bikes) in the “Bike Hub” bike room (the “Room”) and helmets, which must be secured to your bicycle. This agreement expressly prohibits use of the Room and racks for storage of any items other than a bicycle, personal bike lock, and helmet. Bicycles must be locked and secured at all times. The Room is located within the Downtown Mobility Center operated by the Operator and located at 60 Beale Street, Memphis, Tennessee (the “Parking Facility”).

2.   Annual Fee. An annual membership fee of $20.00 (inclusive of sales taxes, if applicable) is charged per bicycle for your membership for the Room. The maximum number of bikes allowed with any individual membership is two (2) bikes. Operator reserves the right to increase the annual membership fee, at any time, upon at least thirty (30) days advance notice of your renewal date. The annual fee covers January-December of the calendar year.

3.    Access Card. Your access card may only be used by you for the entrance and exit of the Room to park and retrieve your bicycle. Your access card is for your sole use and cannot be resold, transferred, delegated, or shared. Misuse, neglect, or sharing of your access card will constitute a default under this agreement and may result in the termination of the parking privileges. You must come to the Downtown Memphis Commission to pick up your access card when you become a member.

4.    Shelter Access. Shelter access should not be provided to anyone other than the authorized key card holder (for example, shelter doors should not be held open as a form of courtesy). “Tailgating,” or entering the shelter once another authorized user has opened the door is not permissible. Individuals must use their own key cards to access the shelter.

5.    Ingress/Egress. This Agreement provides you with up to 24 hours 7 days a week In & Out access to the Room.

6.    Payment Terms. Annual rate for parking is due and payable upon signing up for use of the Room. No deductions or allowances from the annual rate will be made for days you do not use the Room. Each January-December annual membership does not automatically renew. If your membership expires and items are left in the bike room, you will be notified to submit payment for a new annual membership. If you do not start a new membership or retrieve your items within 30 days, the items will be removed and stored offsite. The Operator shall have the right donate any items left in the Room that are not claimed by you within 90 days of the termination of this Agreement to a charity of Operator’s choice.

7.   No Bailment. You understand that you are only purchasing a license to park and that NO BAILMENT IS HEREBY CREATED. By execution of this Agreement, you and the Operator agree that this relationship is defined as Licensor-Licensee and NOT Bailor-Bailee and, as such, no presumption of negligence shall be held as against Operator Parties (defined in Section 9 below) in a court of law. The Operator will have no liability with respect to items purportedly left with, in, or about the Room. You acknowledge and agree that your access to the Room and use of the Room for storage of bicycles is AT YOUR OWN RISK AND OPERATOR SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE TO ANY BICYCLES LEFT WITHIN OR ABOUT THE ROOM.

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* 5. Please read and check the box to acknowledge/accept: 

8.    Parking Permit Limitations. The Access Card is valid ONLY during the year which it was issued. Bicycle description (make, model, color) must be on file to validate the Access Card. Access Card/Permit is not transferable to another party.

9.   Customer Responsibility. The Bike Hub/the Operator, the owner and manager of the parking facility, and each of their officers, directors, employees, contractors, parent companies, subsidiaries, and affiliates ("Operator Parties") are not insurers, and shall not be responsible for any bicycle loss, collision, fire, theft, accident, loss or damage to the bicycle or for any other damage to you or your property. However, the Operator shall be responsible for such loss or damage only if it results from Operator's gross negligence or the gross negligence of the Operator's employees, occurring within the scope of their employment, to the extent that it is responsible under the law: but the Operator does not waive any defenses to such claim including, but not limited to, contributory negligence, comparative negligence or any other defense or remedy available under the law. You agree to defend, indemnify and hold the Operator Parties harmless from and against any action, claim, loss, cost, damage or injury arising from your negligence, recklessness or carelessness, including, without limitation by specification, property damage and/or injury or death to any person or persons. Access Card holders agree to report any damage(s) in the facility caused by them or their bicycle to facility management immediately. Failure to do so may result in immediate termination of annual parking privileges and/or account cancellation.

10.   Waiver of Privacy. You waive any claim to any right of privacy and expressly grant the Bike Hub/the Operator the right to inspect and examine your equipment and personal property parked in the Room at any time, without prior notice, and in the Bike Hub/the Operator’s sole discretion. The Bike Hub/the Operator may inspect your equipment and personal property to determine if a health or safety hazard exists, to determine if any terms of this agreement have been violated, or for any other reason.

11. Termination for Non-Use. The Operator reserves the right to terminate or suspend accounts and associated access cards not used for 90 or more consecutive days. The Operator will contact you if your equipment is tagged for removal due to disrepair or non-use.

12.    Return of Access Cards. In order to close your account, all access cards must be returned to the Operator. The return must be signed by an employee of the Operator accepting the foregoing items, in order for termination to be effective.

13.    Payment Options. You have the following payment options: All major credit cards, cash or check. Payments should be made to the Downtown Memphis Commission online at website. Credit card charges will be processed at no charge. Cash may be used as a form of annual payment by submitting payment in person at the Downtown Memphis Commission.

14.    Payment Due Date; Invoicing; Collection. All access cards are subject to deactivation if the annual membership fee is not paid in full within thirty (30) days prior to the last membership day of the previous annual agreement. Failure to ensure receipt of payment by the 30th day of the month for which parking charges are due may result in termination of your annual parking privileges and require reapplication.

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* 6. Please read and check the box to acknowledge/accept: 

15.       Bicycle Storage. Any bicycle stored in the Room over 90 days without usage is subject to removal at the vehicle owner's expense. Any bicycle that in a state of disrepair and left in the Room for more than 30 days will be tagged for future removal.

16.     Lost Access Cards. Any lost access cards can be replaced with a $10 fee for the issuance of a new card.

17.    Parking Facility Rules: In addition to the rules indicated in the Agreement hereby, you agree to adhere to such rules and regulations as may be posted at the Parking Facility or the Room from time to time, such as hours of operation, etc. Failure to comply with any such rules and regulations may result in the immediate termination of this Agreement.

18.     Email and Cell Phone Numbers: You agree the Operator may send you emails and/or text messages regarding street closures, events or other activities affecting your parking. Your carrier’s standard messaging and data rates may apply to any text messages you choose to send or receive.

19.      Paragraph Headings: Captions or paragraph headings used in this Agreement are inserted for identification only, and shall not govern the construction, nor alter, vary or change any of the terms, conditions or provisions of this Agreement or any paragraph hereof.

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* 7. Date and Sign.
By typing your name, you consent to the term outlined in this agreement. Your name will serve as your digital signature.

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