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Agreement

This Membership Agreement ("Agreement"), dated ­­­­________________, is between Dub V Safe Ride, L.L.C. ("Dub V Safe Ride"), a West Virginia limited liability company whose principal place of business is located at 1212 Valley View Woods, Morgantown, West Virginia 26505 and ______________________ ("Member").

Recitals:

  1. Dub V Safe Ride is not a taxi or limousine service and all Dub V Safe Ride’s Designated Drivers are independent contractors, not employees of Dub V Safe Ride.
  2. Dub V Safe Ride provides its Members with access to a pool of well- qualified and trained independent drivers and handles the coordination and administration of the Service for its Members.

The parties agree:

  1. Definitions
  1. “Designated Driver” is a well-qualified and trained driver and independent contractor of Dub V Safe Ride who drives Member from his/her starting location in Member’s own vehicle to Member’s ending destination, all within the Service Area or Extended Service Area.
  2. “Service Area” –Map attached as Exhibit A.
  3. “Extended Service Area” – Map attached as Exhibit B.

d.“Stoppage Time” is any time spent during the Service at places other than the starting location and ending destination including but not limited to gas stations, convenience stores, and passenger’s drop off location(s) other than the Member’s ending destination. Stoppage time does not include any time spent when the vehicle is not in motion due to traffic and traffic signals.

  1. Requirements
  1. Dub V Safe Ride shall provide Member with a Designated Driver to drive Member from his/her starting location in Member’s own vehicle to Member’s ending destination, all within the Service Area or Extend Service Area. (“Service”).
  2. Dub V Safe Ride reserves the right to refuse to provide this Service to Member if, in the Designated Driver's sole discretion, such Service would be unsafe to the Designated Driver because:
    1. Member or such other person is armed, violent, verbally or physically threatening or abusive;
    2. the Member’s vehicle is unsafe to drive;
    3. Member or such other person refuses to obey all civil and criminal laws, including but limited to seat belt and open container laws; and/or
    4. any other facts or circumstances relevant to Designated Driver's safety are unsafe, as determined in the Designated Driver's sole discretion.
  3. Dub V Safe Ride does not warrant that Dub V Safe Ride’s Service will always be available. Dub V Safe Ride’s Service is subject to availability and Dub V Safe Ride assumes no liability should all Drivers be booked at the precise time when Service is requested.
  1. Term

a.

b.This Agreement shall automatically renew itself for additional terms equal to the initial term unless Member or Dub V Safe Ride gives the other notice of termination not less than thirty (30) days prior to the expiration of the then current term.

  1. Payment

a.Member shall pay Dub V Safe Ride’s Designated Driver according to the following fee schedule:

Service Fee $10.00

Extended Service Fee $15.00

Per mile traveled in customers vehicle $1/per mile

Stoppage Time 50 cents/per min

b.All fees will be due at the time of Service.

c.Members shall pay for Service by cash, debit, or credit card. No other form of payment shall be accepted.

d.If payment in full is not paid at the time of Service, Dub V Safe Ride reserves the right to terminate this Agreement without prior notice, as well as pursue all remedies available to it per this Agreement for payment of the rendered Service.

e.Dub V Safe Ride reserves the right to change the fee schedule at any time on at least thirty (30) days prior notice.

  1. If Member objects to any fee increase within thirty (30) days of notice by Dub V Safe Ride, Member shall have the right to terminate this Agreement by notice.
  2. Member may change account information on file with twenty-four (24) hour prior notice.
  3. Member may change or cancel a reservation with twenty-four (24 hour) prior notice.
  4. Member shall pay a cancellation fee in an amount of twenty (20) dollars for failure to cancel reservations according to this Agreement or meet the Designated Driver at the pre-arranged starting location.

5.Representations and Warranties

 

Member represents and warrants to Dub V Safe Ride that on each date on which Member requests the Dub V Safe Ride Service:

 

a.Member shall own and/or have authorized possession of the vehicle Dub V Safe Ride is to drive;

  1. The registration, license tags, and insurance for the Member’s vehicle are current, and the Member’s vehicle is insured in at least the minimum amounts required by the laws of the state of West Virginia, and/or the state in which the automobile is registered;
  2. The Member’s vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Member’s vehicle to be unsafe to drive;
  3. No contraband, substance or other items which are illegal for public transport are concealed or within the Member’s vehicle;
  4. Member’s credit or debit card information provided to Dub V Safe Ride is true and correct and that Member has the right, power, and authority to pay for the Service with such credit or debit card;
  5. There is sufficient credit on the credit card to pay for the Service; and
  6. Member is 18 years of age or older.
  1. Covenants and Authorizations
  1. Member permits the Designated Driver to drive Member's vehicle for the purposes set forth in this Agreement.
  2. Member shall present Designated Driver with Member’s vehicle insurance card and registration at time of pick up.
  3. Member shall obey all civil and criminal laws, including but not limited to seat belt and open container laws.
  4. Member acknowledges that the number of vehicle occupants shall at no time exceed the number of available safety belts in the Member’s vehicle.
  5. Member shall avoid all unnecessary physical contact with the Designated Driver, before, during and after the Service.
  6. Member shall pay any expenses required to get the Member and Member’s vehicle to its ending destination, including but not limited to:
    1. fuel costs if Designated Driver, in his or her sole discretion, concludes that based on the Member’s vehicle's fuel gauge reading, Member’s vehicle has insufficient fuel to reach the ending destination;
    2. towing or other emergency roadside expenses resulting from mechanical failure of the Member’s vehicle; and
    3. parking fees and/or tolls and valet charges.
  7. Member authorizes Dub V Safe Ride to seek emergency medical care in the event Member is injured or becomes ill during Service.
  8. Member authorizes Dub V Safe Ride to leave the Member’s vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency. Keys will be retained by Dub V Safe Ride until such time as Member or other authorized person authorizes their release.
  1. Liability
  1. Dub V Safe Ride, its employees, or its affiliates shall not be liable for any and all claims, damages, and causes of action that may occur to Member or Member’s passengers in the performance of the Service unless it results from the direct negligence or recklessness of Dub V Safe Ride as determined by a final, non-appealable judgment.
  2. Dub V Safe Ride, its employees, or its affiliates shall not be liable for any and all claims, damages, and causes of action arising from property or physical damage sustained by Member or Member’s passengers during the performance of the Service unless it results from the direct negligence or recklessness of the Dub V Safe Ride as determined by a final, non-appealable judgment.
  3. Member is aware that various risks are involved in the Dub V Safe Ride Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to the Designated Driver. Despite these and the other risks, Member wants this Service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result unless such harm is the result of the direct negligence or recklessness of the Dub V Safe Ride as determined by a final, non-appealable judgment.
  4. In the event of an automobile accident involving Member’s vehicle during the performance of the Service determined by a final, non-appealable judgment to be Dub V Safe Ride’s fault, Dub V Safe Ride shall maintain insurance coverage to cover such damages.
  1. Indemnification

Member shall indemnify, defend and hold Dub V Safe Ride and Designated Driver harmless from and against any and all losses, claims, liabilities, damages, fines, penalties and expenses (including attorney's fees) arising from or resulting from any breach by Member of the representations, warranties or covenants contained in this Agreement.

  1. Notice
  1. Each party giving or making any notice, request, demand, or other communication (each, a “Notice”) pursuant to this Agreement shall give the Notice in writing and use one of the following methods of delivery: registered, certified, or express mail (postage prepaid and return receipt requested), nationally recognized overnight courier (all fees prepaid), facsimile, or e-mail. Notice given by any means is effective on receipt.
  2. Any party giving Notice shall address the notice to the appropriate person at the address listed below:

To Dub V Safe Ride: 1212 Valley View Woods, Morgantown, WV 26505

To Member: ___________________________________

  1. Any party may change the above information at any time by sending Notice to the other party in accordance with the above requirement.
  1. Denial of Partnership

Nothing herein contained shall be construed as creating the relationship of partnership, joint venture, fiduciary relationship or principal and agent between the parties. Neither party may pledge or purport to pledge the credit of the other party or make or purport to make any representations, warranties or undertakings for the other party.

  1. Force Majeure

Neither party is responsible for the fulfillment of any term or provision of this Agreement if the fulfillment is delayed or prevented by revolution or other disorders, war, terrorism, act of enemies, strikes, fires, acts of God, or, without limiting the foregoing, by any other cause beyond the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, the party is unable to prevent.

  1. Assignment
  1. Member will not assign any claim arising from an accident to any other party other than their insurance provider.
  2. A party cannot assign this Agreement or any right or obligation under this Agreement without the prior written consent of the other party. Any attempted assignment is ineffective and void.
  1. Applicable Law

The laws of the State of West Virginia govern this Agreement.

  1. Severability

 

If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way.

  1. Arbitration

Any controversy or claim arising out of or relating to this Agreement or any breach of this Agreement is to be settled by arbitration in accordance with the commercial Arbitration Rules of the American Arbitration Association, and any judgment upon award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

  1. Amendment

The parties may amend this Agreement only by a written agreement signed by each of the parties. To effective, the Amendment must be signed by Eric Watkins, owner and manager of Dub V Safe Ride.

  1. Entire Agreement

This Agreement, together with the attachments and exhibits to this Agreement, constitutes the entire agreement between the parties as to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings of the parties, whether written or oral, in connection with the subject matter of this Agreement.

  1. Signature
  1. By checking the “Agree to this Membership Agreement” of the Membership application electronically without a manual signature, Member acknowledges that he or she has read and understood this Agreement and agrees to be legally bound by its terms.
  2. By checking the “Agree to this Membership Agreement” of the Membership application electronically without a manual signature, Member acknowledges that he or she is not under the influence.
  3. Dub V Safe Ride will be deemed to have accepted this Agreement, without execution, upon the electronic signature of Member.