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Equipment Rental User Agreement

Orange Beach Bike Rentals

Equipment Rental User Agreement, Waiver of Liability and Release

In consideration of use of any of the Services (as defined below) provided by Orange Beach Bike Rentals, requires you (“Rider”) to agree to all terms and conditions in this Bicycle Rental User Agreement, Waiver of Liability and Release (“Agreement”).

You should CAREFULLY READ all terms and conditions before entering into this Agreement.

1 GENERAL RENTAL AND USE OF BIKE, EBIKE, ESCOOTER, or CYCLEBOARD

1.1. Services Provided. “Services” provided by Orange Beach Bike Rentals comprise: (1) Bike (“Bike” or “Bikes”), eBike (“eBike” or “eBikes”), eScooter (“eScooter” or “eScooters”), Cycleboard (“Cycleboard” or “Cycleboards”); (2) authorized bike rental pick-up and/or drop-off locations(“Locations”); (3) all related equipment, personnel, and information.

1.2. Rider Is Sole User. Orange Beach Bike Rentals expressly agrees to allow Rider to use the Services, and Rider agrees to use the Services, subject to the terms and conditions in this Agreement. Orange Beach Bike Rentals and the Rider are the only parties to this Agreement. The Rider is the sole person using the Services and is responsible for complying with all terms and conditions in the Agreement.

1.3. Rider Is 14 Or Older. Rider represents and certifies that Rider is at least 14 years old. If Rider misrepresents his/her age for any or no reason, Rider accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.

1.4. Rider Is a Competent Bike Operator. Rider represents and certifies that she or he is familiar with operating a Bike, and is reasonably competent and physically fit to ride a Bike. By choosing to ride a Bike, eBike, eScooter, or Cycleboard, Rider assumes all responsibilities and risks for any injuries or medical conditions.

1.4.1 Rider is completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability I may cause or suffer while riding the Bike, eBike, eScooter, or Cycleboard or else I understand I must solely bear the costs of such injury or damage and all related costs.

1.5. Bike, eBike, eScooter, or Cycleboard Is Exclusive Property of Orange Beach Bike Rentals. Rider agrees that the Bike, eBike, eScooter, or Cycleboard and any equipment attached thereto, at all times, remain the exclusive property of Orange Beach Bike Rentals. Rider will not modify the Bike, eBike, eScooter, or Cycleboard at any time, in any way.

1.6. Bike Operating Hours and Availability. Orange Beach Bike Rentals does not guarantee the Services will be available at all times. Access to the Services is conditioned on the availability of a Bike, eBike, eScooter, or Cycleboard at any particular Location. Orange Beach Bike Rentals neither represents nor warrants the availability of any Services or any Bike, eBike, eScooter, or Cycleboard at any Location. Riders may reference the Orange Beach Bike Rentals website (“Website” at OrangeBeachBikeRentals.com) to view the inventory of Bikes, eBikes, eScooters, or Cycleboards available at a Location. Rider agrees that Orange Beach Bike Rentals may require Rider to return a Bike, eBike, eScooter, or Cycleboard at any time.

1.7. Geographical Limits on Use. Rider agrees to use a Bike, eBike, eScooter, or Cycleboard only in Gulf State Park & The Backcountry Trail and will not, under any circumstances, remove the Bike, eBike, eScooter, or Cycleboard from Gulf State Park & The Backcountry Trail.

1.8. Adherence to All Laws. Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, eBike, eScooter, or Cycleboard, including all state and local laws, ordinances and regulations pertaining to Bikes, eBikes, eScooters, or Cycleboards in Gulf State Park & The Backcountry Trail, and the State of Alabama.

1.9. Types of Use. Rider agrees not to use the Bike, eBike, eScooter, or Cycleboard for racing, or stunt or trick riding. Rider agrees not to operate and/or use the Bike, eBike, eScooter, or Cycleboard in any location that is prohibited, illegal and/or a nuisance to others. Rider agrees not to use the Bike, eBike, eScooter, or Cycleboard for hire or reward.

1.10. Limits on carrying capacity. Rider agrees not to carry people or animals anywhere on the Bike, eBike, eScooter, or Cycleboard.

1.11. Rider Reporting. Rider must report any accident, crash, damage, personal injury, stolen or lost Bike, eBike, eScooter, or Cycleboard to Orange Beach Bike Rentals immediately or as soon as practical thereafter. If a crash involves personal injury, property damage, or a stolen Bike, Rider must file a report with the Orange Beach or Gulf Shores Police Department or other appropriate police authorities within 24 hours after the incident. Rider agrees she or he is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike, eBike, eScooter, or Cycleboard. Orange Beach Bike Rentals will consider timely reporting of a stolen or lost Bike, eBike, eScooter, or Cycleboard when assessing any cost associated with Rider’s responsibility for the Bike, eBike, eScooter, or Cycleboard.

1.12. Rider Responsibility for Bike, eBike, eScooter, or Cycleboard Use and Damage. Rider agrees to return the Bike, eBike, eScooter, or Cycleboard in the same condition in which it was rented. Rider is not responsible for normal wear and tear. Rider agrees to ensure that the Bike, eBike, eScooter, or Cycleboard is never left unattended when not at an authorized pick-up or drop-off Location. Rider agrees to pay for destruction or loss of Bike, eBike, eScooter, or Cycleboard and for any damage, including labor and replacement parts. If the Bike, eBike, eScooter, or Cycleboard is lost or damaged beyond repair while being operated under Rider’s reservation, regardless of fault or cause, Rider agrees to pay Orange Beach Bike Rentals the full replacement value of the equipment. Rider is not responsible for loss of or damage to a Bike, eBike, eScooter, or Cycleboard that has been returned to and properly secured at an authorized pick-up or drop-off Location pursuant to this Agreement.

1.13. Fees and Charges. All fees and charges associated with Orange Beach Bike Rentals rentals are posted on the Website and represent the then-current and accurate fees and charges for the Services, and supersede any fees and charges incorporated in this Agreement.

2 PAYMENT AND FEES

2.1 Bike Rental Charges. Bike, eBike, eScooter, or Cycleboard rental charges are posted at OrangeBeachBikeRentals.com. To avoid overage charges, Rider must return the Bike, eBike, eScooter, or Cycleboard to an authorized Location by quoted end time. The maximum charge per calendar day is based on the quoted price when Bike, eBike, eScooter, or Cycleboard was rented by Rider. Orange Beach Bike Rentals will charge the Rider’s credit or debit card the amount of the respective fee in effect on the date of reservation. In addition, a Rider may be charged usage fees as described in this Agreement.

2.2 Maximum Rental Period. A Bike, eBike, eScooter, or Cycleboard may be rented for not more than 10 hours. Rider agrees to return the Bike, eBike, eScooter, or Cycleboard to an authorized pick-up or drop-off Location within 10 hours after first renting the Bike, eBike, eScooter, or Cycleboard. Rider may then rent again. Rider agrees she or he is solely responsible for the timely return of the Bike, eBike, eScooter, or Cycleboard. Bikes, eBikes, eScooters, or Cycleboards not returned within 24 hours will be considered lost or stolen, and Rider may be charged up to $5,000.00 and a police report may be filed. Data generated by Orange Beach Bike Rentals booking platform is and shall be considered conclusive evidence of the period of a Rider’s use of a Bike, eBike, eScooter, or Cycleboard.

2.3 Promotions and Discounts. Promotions and discounts may only be redeemed in accordance with the terms and conditions of their use.

2.4 Credit and Debit Card Usage. Rider must provide a valid credit or debit card number and any required authorization and authentication information before Rider may use the Services. Rider represents and warrants to Orange Beach Bike Rentals that Rider is authorized to use any such card information Rider furnishes to Orange Beach Bike Rentals.

2.5 Cancellation Policy. Bookings made within 72 hours of a scheduled event are final and cannot be changed. In addition, no-shows and non-cancelled rentals will be charged for the reservation in full. If reservation is cancelled more than 72 hours before your reservation you will be refunded in full. All cancellations must be received via email or phone and confirmed by Orange Beach Bike Rentals in writing via email or text.

3 RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK

3.1 Releases. In exchange for Rider being allowed to use any of the Services, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) does hereby fully and forever release and discharge all Released Persons (as further defined) for all Claims (as further defined) that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of Orange Beach Bike Rentals and/or the negligence of others under any legal theory, in consideration for using the Services. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including legal fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the Services or Rider’s use of the Services. “Released Persons” means, collectively, (i) Orange Beach Bike Rentals and all of its owners, managers, affiliates, employees, agents, represent-atives, successors, and assigns, (ii) Brian Krstich and all of its directors, employees, agents, represent-atives, successors, and assigns, (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which a pick-up or drop-off Location is located and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.

3.2 Disclaimers. RIDER ACKNOWLEDGES AND AGREES THAT RIDER’S USE OF ANY OF THE SERVICES IS AT RIDER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RIDER’S USE OF ANY OF THE SERVICES, ORANGE BEACH BIKE RENTALS AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND RIDER RELIES ON THEM SOLELY AT RIDER’S OWN RISK). ORANGE BEACH BIKE RENTALS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, AND ORANGE BEACH BIKE RENTALS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO A STOLEN OR LOST BIKE.

3.3 Limited Liability. RIDER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, ORANGE BEACH BIKE RENTALS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (iii) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (iv) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(v) RIDER’S FAILURE TO WEAR A HELMET WHILE USING A BIKE, EBIKE, ESCOOTER, OR CYCLEBOARD (vi) ANY INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE BIKE, EBIKE, ESCOOTER, OR CYCLEBOARD ITSELF, OR (vii) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RIDER WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, UNDER ANY LEGAL THEORY, EVEN IF ORANGE BEACH BIKE RENTALS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF ORANGE BEACH BIKE RENTALS AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; IF ANY OF THOSE LAWS APPLY TO RIDER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

3.4 Rider’s Assumption of Risk. Rider is solely and fully responsible for safely operating the Bike, eBike, eScooter, or Cycleboard at all times. Rider acknowledges and accepts that Bikes, eBikes, eScooters, or Cycleboards are machines that may malfunction, even if properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bike, eBike, eScooter, or Cycleboard involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, eBike, eScooter, or Cycleboard, Rider assumes full and complete responsibility for all related risks, dangers, and hazards.

4 TERM AND TERMINATION

4.1 Term. The term of this Agreement begins when Rider first uses the Services and ends 10 years after Rider’s last use of the Services; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after Rider's last use of the Services.

4.2 Termination of Rider’s Use of Services. At any time and from time to time, and without Rider’s consent, Orange Beach Bike Rentals may unilaterally terminate Rider’s right to use the Services, in Orange Beach Bike Rentals sole discretion and without any notice or cause. If Rider’s right to use the Services is terminated by Orange Beach Bike Rentals for convenience, Rider shall be entitled to a refund of all charges prepaid by Rider. Rider may terminate Rider’s use of the Services at any time; provided, however, that no refund will be provided by Orange Beach Bike Rentals and Rider may still be charged any applicable fees in accordance with this Agreement related to Rider’s use of the Services. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Services, regardless of how or by whom the Agreement is terminated.

5 ADDITIONAL TERMS OF USE

5.1 Safety Check. Before each use of a Bike, eBike, eScooter, or Cycleboard, Rider shall conduct a basic safety inspection of the Bike, eBike, eScooter, or Cycleboard, which includes inspecting: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Bike, eBike, eScooter, or Cycleboard if there are any issues apparent to a reasonable and prudent Rider, and to promptly notify Orange Beach Bike Rentals customer service to alert Orange Beach Bike Rentals of any noted safety issues.

5.2 Helmets & Safety. Orange Beach Bike Rentals recommends that all Riders wear a helmet approved by Snell, CPSC, ANSI or ASTM that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

5.3 Bicycle Routes. Rider agrees that Orange Beach Bike Rentals does not provide or maintain places to ride Bikes, eBikes, eScooters, or Cycleboards, and that Orange Beach Bike Rentals can not guarantee that there will be a safe place to ride a Bike, eBike, eScooter, or Cycleboard. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.

5.4 Prohibited Acts. Rider shall not:

5.4.1 Ride a Bike, eBike, eScooter, or Cycleboard while carrying any briefcase, backpack, bag, or other item if it impedes Rider’s ability to operate a Bike, eBike, eScooter, or Cycleboard safely.

5.4.2 Use any cellular telephone, text messaging device, portable music player, or other device that may distract Rider from safely operating a Bike, eBike, eScooter, or Cycleboard.

5.4.3 Operate a Bike, eBike, eScooter, or Cycleboard while under the influence of any alcohol, drugs, any medication or other substance that may impair Rider’s ability to safely operate a Bike, eBike, eScooter, or Cycleboard.

5.4.4 Carry a second person on a Bike, eBike, eScooter, or Cycleboard.

5.4.5 Leave any Bike, eBike, eScooter, or Cycleboard any place other than an approved pick-up or drop-off Location.

5.4.6 Use any locking mechanism, other than the locking mechanism provided by Orange Beach Bike Rentals, to lock a Bike, eBike, eScooter, or Cycleboard.

5.4.7 Violate any applicable federal, state, or local law, ordinance or regulation, including those for bicycle riders.

5.4.8 Dismantle or modify a Bike, eBike, eScooter, or Cycleboard in any way (this rule does not apply to the use of the seat height adjustment feature on Bikes.)

5.4.9 Exceed the 5 pound maximum weight limit for the front cargo carrier or otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or safe riding impediment.

5.4.10 Operate a Bike, eBike, eScooter, or Cycleboard in weather conditions, including snow, hail, and electrical storms, that make it more dangerous to operate a Bike, eBike, eScooter, or Cycleboard. Rider is advised to adjust riding behavior and braking distance to suit the weather conditions.

5.4.11 Allow others to use a Bike, eBike, eScooter, or Cycleboard that Rider has rented from an authorized pick-up or drop-off location. Rider understands that when Rider removes a Bike, eBike, eScooter, or Cycleboard from an authorized pick-up or drop-off Location, only the Rider may use it.

6 MISCELLANEOUS

6.1 Confidentiality of Information. Rider’s personally identifiable information held by Orange Beach Bike Rentals, including all names, addresses, phone numbers, email addresses, and credit and debit card numbers, will be kept confidential by Orange Beach Bike Rentals; provided, however, that (i) Orange Beach Bike Rentals may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to local authorities if there is any accident where a Rider is unable to communicate personal information to such authorities; (ii) Orange Beach Bike Rentals will provide all requested information in accordance with applicable law if Orange Beach Bike Rentals receives a subpoena from any court; and (iii) Orange Beach Bike Rentals may disclose aggregate, non-personally identifiable data about Riders in accordance with applicable law. In addition, Orange Beach Bike Rentals may disclose individual data to a third party upon Rider’s express permission and consent.

6.2 Notice. Orange Beach Bike Rentals may be contacted by calling or emailing Orange Beach Bike Rentals at admin@orangebeachbikerentals.com or (251) 210-9037.

6.3 By participating in or attending any Activities in connection with Orange Beach Bike Rentals, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.

6.4 Choice of Law. This Agreement is governed by, and must be construed and enforced in accordance with the laws of the State of Alabama, excluding principles of conflicts of laws.

6.5 Dispute Resolution. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable legal fees incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Alabama and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Orange Beach, Alabama; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Alabama. Every mediation must be completed within six (6) months after the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within this six-month period, the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

6.6 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 shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

6.7 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.

6.8 Modification of Agreement. At any time and from time to time, and without Rider’s consent or advance notice, Orange Beach Bike Rentals may unilaterally amend, modify, or change this Agreement, in its sole discretion. Whenever a change is made to this Agreement, Orange Beach Bike Rentals will post a notification on the Website. By continuing to use any Services after any amendment, modification, or change, Rider agrees to be bound by all such amendments, modifications, and changes. Rider is responsible for maintaining awareness of all amendments, modifications, and changes to this Agreement and to all fees and charges set forth on the Website.

6.9 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular or in the plural shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

6.10 Property Left on Bike, eBike, eScooter, or Cycleboard. Orange Beach Bike Rentals is not responsible for personal property left on the Bike, eBike, eScooter, or Cycleboard. Rider agrees to indemnify Orange Beach Bike Rentals in this regard.

RIDER ACCEPTANCE OF AGREEMENT

I, as a legal adult of 18 years or older have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have sign it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Orange Beach Bike Rentals, its agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of Orange Beach Bike Rentals or by me. If any portion of this agreement is unenforceable the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Orange Beach Bike Rentals, upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed in the United States of America, and shall be construed according to the laws of the state in which the rental / or tour ride occurs in.

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