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Designated Drivers, LLC Membership Agreement
This Membership Agreement (this “Agreement”) is made and entered into as of the date below by and between Designated Drivers, LLC (“DD24/7”), an Arizona limited liability company, with offices located at 7310 E. Stetson Dr, Scottsdale AZ 85251, and the person identified on the signature page (“Member”).
- Member hereby subscribes to become a member of the Designated Drivers 24-7 Service. The Designated Driver 24-7 service consists of DD24/7 sending a car and two drivers (a “Driver”) to pick Member up at a designated location and to drive Member to his or her home in member’s own car with seatbelts for member, guests and driver. The second driver will drive a second vehicle to retrieve the first driver. DD24/7 is not a taxi or limousine service. If Member has passengers in need of separate drop-off at private residences or hotels, passengers will first be dropped off with the Member dropped off last. Member will pay DD24/7 an annual membership fee according to DD24/7’s standard fee schedule for either an Individual or Group Membership. In addition, Member will pay DD24/7 Drivers a gratuity of an amount appropriate to time, distance and fuel costs, each time the DD24/7 Service is provided. The annual membership fee may be paid in 12 equal monthly installments, due at the time this Agreement is executed by Member. This agreement may be cancelled by the Member at any time within the first 30 days.
- Member hereby represents and warrants to DD24/7 and its Drivers that as of each date on which he or she requests the DD24/7 Service:
- Member is the rightful owner, lessee or caretaker of the vehicle/s listed below. (the “Vehicle”);
- The Vehicle’s registration, insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy.
- The Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive;
- No contraband, substance or other items which are illegal for public transport are concealed or within the Vehicle;
- The Vehicle has sufficient fuel to reach the drop-off location.
3. Member agrees to or authorizes the following:
a. To allow DD24/7 Driver to drive Member’s Vehicle for the purposes set forth in this Agreement;
b. To obey all civil and criminal laws, including but not limited to seat belt and open container laws;
c. To pay a $50 cancellation fee for failure to show at pre-arranged pick-up point. (Charge will be invoiced.)
d. To avoid all unnecessary physical contact with the Driver, before, during and after the pick-up, transport and drop-off;
e. To pay drivers a minimum gratuity of $40 for each drop-off.
f. To pay any expenses required to get the Member’s vehicle to its destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicle’s fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees;
g. Subject to paragraphs h and i below, Member hereby authorizes DD24/7 or its Driver to seek emergency medical care in the event Member is injured or becomes ill during transport from the pick-up location to the drop-off location;
h. Member hereby authorizes DD24/7 to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency, as contemplated by paragraph g above; keys will be retained by DD24/7 until such time as Member or a family member or other authorized person authorizes their release.
i. Member provides the following name and phone number for an emergency contact person:
In the event that an emergency arises, Member authorizes DD24/7 and the Driver to attempt contact with the person named in paragraph g above.
4. DD24/7 and its Drivers reserve the right to refuse to provide the DD24/7 Service to Member or to any other person if, in the Driver’s sole discretion, such service would be unsafe to the Driver because: (a) Member or such other person is impaired to the point of unconsciousness; (b) Member or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the Vehicle is unsafe to drive; or (d) any other facts or circumstances relevant to Driver’s safety, as determined in Driver’s sole discretion.
5. DD24/7 provides its DD24/7 Service subject to availability and assumes no liability should all Drivers be booked at the precise time when service is requested.
6. Member acknowledges that in exchange for the privileges and peace of mind associated with the DD24/7 Service, Member hereby: (a) releases DD24/7, its members, managers, employees, agents and Drivers from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the DD24/7 Service; and (b) agrees not to initiate any legal proceedings against DD24/7, its members, managers, employees, agents or Drivers with respect to any such claims or damages, which Member is releasing. Member is aware that various risks are involved in the DD24/7 Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. 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.
7. Without limiting paragraph 5 and 6 above, DD24/7’s and its Drivers’ liability for failure to perform under this Agreement or for injury or damage will be limited to $500. In no event will DD24/7 or its Drivers be liable for special, consequential, exemplary or punitive damages, even if advised of their possible existence.
8. Member will indemnify, defend and hold DD24/7, its members, employees, agents and Drivers harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses (including attorneys’ fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.
9. Member fully intends and understands that the waiver of liability and hold harmless provisions of this agreement shall bind the Member’s family, heirs, assigns, or personal representatives.
10. Member acknowledges and agrees that at the time DD24/7 Service is requested, Member may be intoxicated. Accordingly, Member hereby affirms that this Agreement and the waivers and releases contained herein are binding on Member and will continue to be binding, notwithstanding the fact that Member may be intoxicated at the time he or she requests DD24/7 Service.
11. This Agreement is governed by the laws of the State of Arizona, without regard to conflicts of law principles.
12. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect.
13. DD24/7 will be deemed to have accepted this Agreement, without execution, upon the acceptance of payment of membership fees.
14. Each Driver is hereby designated as a third-party beneficiary of this Agreement.
By signing below, or by submitting this Agreement to DD24/7 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.