2021 Propane Construction Incentive Program Contract
I, hereby consent to participate in the Propane Education & Research Council’s (“PERC”) Propane Construction Incentive Program (the “Program”) and to execute and submit this Participant Agreement & Release (the “Agreement”).For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,I hereby agree as follows:
1. ELIGIBILITYI am an eligible participant (a “Participant”) in the Program and I have satisfied the following criteria for participation:a. Made an investment in the program by building or remodeling a home with propane appliances as outlined in the program requirements.b. You are a U.S. builder or remodeler, and at least 18 years of age.c. The homes for which you are applying were built or remodeled in December 2020, and/or January through December 2021.
2. INCENTIVESI will be paid a financial incentive only after (i) I have purchased and taken delivery of the equipment, (ii) I have installed the equipment in a new construction application or remodel, (iii) I have completed and submitted an energy analysis of the home using the EPAT tool, and (iv) my eligibility has been confirmed by PERC. Only new equipment is eligible for the financial incentives; refurbished and/or modified equipment will not be considered. Currently, any propane-fueled space heating, water heating, cooking, fireplace, and clothes drying systems among other eligible technologies, are eligible appliances under the Propane Construction Incentive Program. PERC reserves the right not to pay the financial incentive contemplated herein if I do not meet all of the eligibility requirements set forth in this Agreement.
3. PARTICIPANT COMMITMENTThe Propane Construction Incentive Program is not a rebate program. Rather, it is a research initiative that seeks to gather relevant useful data about the operation of propane equipment in real-world use conditions. As such, program participants are required to agree to complete an application, contract, W9, EPAT, and Gas Check (or another safe appliance check form). Applicants will receive 1099s.
4. GRANT OF RIGHTSI authorize PERC and others working on its behalf to use my name, pseudonym, audio track, photographs or facsimile(s) thereof, and/or filmed or videotaped image, and my own statements for the purposes of standard publicity, promotional and/or advertising practices, without obtaining further consent or without prior knowledge of such publication and/or commercial broadcast. I shall have no claim to compensation.
5. NO APPROVAL RIGHTSI have the full and exclusive right and authority to grant the rights granted hereunder, and I agree that this Agreement does not in any way conflict with any existing commitment on my part.
6. TRUTHFUL STATEMENTI certify that the Statements represent my current honest opinions, findings, beliefs, or experience. I also understand and agree that the Statements may be modified in any manner that does not materially alter the original meaning. To the extent that I suggest that I use propane products, I do in fact use them. To the extent that I express a preference for propane over other similar products, I do in fact have that preference. I agree to notify you immediately of any change in these views. I understand that I am not required to make any positive statements or in any way endorse the use of propane in order to receive the financial incentive, if applicable, in connection with this Program, and that PERC wants my honest opinions and experiences whether, positive or negative.
7. ASSUMPTION OF RISK / LIMITATION OF LIABILITYa. As a Participant in the Program, I recognize and acknowledge that there are certain risks and dangers associated with the use of propane, including the risk of physical injury or death, and I assume the full risk of any injuries or deaths, whether to me, any other person, or any animals, and/or any damages to equipment or other property, that may be sustained as a result of participating, in any manner, in any and all activities connected with or associated with such Program, or in following any recommendations associated with the Program. I voluntarily assume all risk of injury or death and all risk of damage to, or loss of, property arising out of my participation in the Program.b. By signing this Agreement, I, the undersigned, hereby agree to release, discharge, indemnify, defend, and hold harmless PERC and its affiliates and subsidiaries, and each of their respective directors, officers, employees, agents, successors, and assigns, from and against any and all liabilities, damages, losses, deaths, injuries, claims, rights, causes of action, actions, suits, debts, sums of money, either at law or equity, whether known or unknown, asserted or non-asserted, arising from, or in any way relating to, my participation in the Program.c. I have carefully read this Agreement prior to its execution and I fully understand that its contents shall bind me and be effective against my successors, assigns, heirs, and legal representatives with the sworn force and effect as it is binding and effective against me.
8. I HAVE READ AND UNDERSTAND THE FOREGOING PARTICIPANT AGREEMENT & RELEASE AND FULLY UNDERSTAND THE NATURE OF THE PROGRAM
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Signed by C. Michael Eason
Signed On: July 16, 2021
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Document Name: 2021 Propane Construction Incentive Program Contract
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