A. CLIENT, DRIVER, USERS SERVICES AGREEMENT
This Client and Driver ("Users") Services Agreement (“Agreement”) is entered into between the Client and the Driver ("Users”) and AmRide, LLC (“AmRide”) and applies to all driving Services rendered for the Client by AmRide at any time. The terms Client, Driver and Users may be used separately or in unison as applicable throughout the agreement. For good and valuable consideration, the Users and AmRide agree as follows:
AmRide will provide a Driver to drive the Client(s) as requested by the Client. The Client agrees to all current terms and conditions of service set forth on AmRide’s website (as they are amended from time to time) with respect to such driving services including all terms and conditions related to insurance, rates, cancellation charges, late payment charges, payment procedures, privacy policies and the conduct of the Client and any passengers. The Client agrees to review and be familiar with all such terms and conditions each time the Client uses the driving services of AmRide.
1. The Client represents to AmRide that the Client carries automobile insurance providing at least the Client’s State minimum liability limits or the following minimum liability limits: $25,000 bodily injury each person / $50,000 each accident, and $25,000 property damage, collision and comprehensive and uninsured motorist insurance as required by the Client's state. The Client agrees and understands that the Client's insurance is primary and that any insurance that AmRide may provide is secondary. The Client further represents to AmRide that there are no driver restrictions contained in these automobile insurance policies, that these automobile insurance policies will insure AmRide and its Driver within the above liability limits and that these automobile insurance policies are in full force and effect and will remain in full force and effect during the provision of any driving services for the Client by AmRide.
2. The Client acknowledges that AmRide is providing driving services for the Client in reliance on the above representations. The Client immediately will advise AmRide of any change in the terms and conditions of the Client's insurance policies that affect the Client's representations.
3. The Client represents to AmRide that the Client’s automobile is in good, safe working condition and that the Client has no knowledge of any condition of the Client’s automobile that presents a risk to the Driver, the Client or any passenger. The Client further represents to AmRide that the Client’s automobile is owned by the Client and is currently and properly registered in the Client’s name with the applicable state authorities. The Client acknowledges that AmRide is providing driving services for the Client in reliance on these representations. The Client immediately will advise AmRide of any change in the condition, ownership or registration of the automobile.
4. The Users agree that the Users automobile insurance is primary for liability, collision and comprehensive coverage and uninsured motorist insurance and that any insurance that AmRide may carry is secondary to the Users automobile insurance. The Users further agree that AmRide's legal responsibility for any liability, personal injury, damage to the Users automobile or any other property belonging to the Users or any other person resulting from the negligence or other action of AmRide or any AmRide Driver is limited to the lesser of the amount of the Client’s deductible or $2,500.00.
5. The Client agrees that the driving services provided by AmRide are limited to driving the Client and any agreed upon passengers and the Client’s automobile to the agreed upon destination address(es) and that the driving services hereunder do not include, nor is AmRide under any obligation to provide, any manner of assistance to the Client or any other passenger including any assistance with respect to entering or leaving the automobile or entering or leaving any location or building. The Client further agrees that the driving services provided by AmRide commence when the driver begins to drive the Client and terminate upon arrival at the agreed upon destination address(es).
6. In the event the client engages AmRide to provide driving service for an automobile not owned by the Client, the Client represents that the Client has permission to use such automobile for these purposes and that all of the representations, warranties and agreements contained herein regarding the Client's automobile are true, accurate and complete with respect to such automobile.
7. Driver by the Hour, AmRideGo, GoElite, AmRideXL, Designated Driver and Long Distance Transportation "Services" provide the Client transportation to certain destinations that are coordinated and scheduled with Drivers driving to or through those destinations. Drivers and Clients are collectively referred to herein as “Users,” and Users shall create a User account that enables access to the AmRide systems. Each person may only create one User account, and AmRide reserves the right to shut down any additional accounts. The Client authorizes AmRide to match the Client with a Driver and the Driver authorizes AmRide to match the Driver with a Client, based on factors such as driver availability, location, the estimated time to pick-up, destination, user preferences, and efficiencies, and to cancel an existing match and rematch based on the same considerations. AmRide does not guarantee a Driver and Client match. Users in their sole discretion will decide whether or not to accept a ride from any Users contacted by AmRide. Due to the unique service provided by AmRide, the Users, (both the Client and the Driver) understand and agree that AmRide is secondary to the Users insurance policies and that the Users insurance policy is primary. The Users shall carry the minimum of $25,000 bodily injury each person / $50,000 each accident, and $25,000 property damage, collision and comprehensive per accident and uninsured motorist insurance as required by the Users state. The Users understand that AmRide shall not be liable for the Users automobile at any time prior, during or after the Services are provided. AmRide is self insured and provides a total of up to $10,000 liability coverage in the event of an accident while in service for AmRide to all parties, including Driver and Client(s).
8. After the Client evaluates the performance of an AmRide driver, the Client may wish to hire this person directly. Because AmRide drivers represent an important asset of AmRide and are its inventory of skilled professionals, in the event the Client wishes to convert any AmRide driver to the Client’s employ, the Client agrees to pay a conversion fee of $5,000 to AmRide as liquidated damages. The Client’s liability to AmRide for the conversion fee is triggered when the Client hires an AmRide driver within six months after the last day of driving services provided to the Client by AmRide and arises regardless of the hiring status by the Client of the driver; i.e. liability is triggered if the driver is hired on a permanent, temporary or "as needed" basis and regardless of the driver’s employment status with AmRide at the time of the hire (e.g., no longer with AmRide) or the driver’s claimed reason for leaving AmRide (e.g., left AmRide for reasons unrelated to conversion).
8a. The Client may wish to hire you (driver) directly or in the case where you solicit the client for your personal business. Because AmRide drivers represent an important asset of AmRide, which AmRide has incurred expenses and are its inventory of skilled professionals, you agree not to allow a AmRide Client to hire you directly. In the event you breach this agreement, you further agree to pay to AmRide as liquidated damages the greater of (I) 1.5 times all amounts received by you from any such Client who has hired you directly or (ii) a minimum of $1,500. Your liability to AmRide for these amounts is triggered when a Client hires you within six months after the last day of driving services provided to the Client by AmRide and arises regardless of your hiring status by the Client; i.e. liability is triggered if you are hired on a permanent, temporary or "as needed" basis and regardless of your employment status with AmRide at the time of the hire (e.g., no longer with AmRide) or your claimed reason for leaving AmRide (e.g., left AmRide for reasons unrelated to conversion).
9. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or the services provided under this Agreement, or any accident or incident involving the Client, the Client’s automobile or any passenger, shall be settled by arbitration administered by the American Arbitration Association in accordance with its rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If any arbitration, action or proceeding is brought by or against AmRide pertaining to or arising out of or relating to this Agreement, or the breach thereof, or the services provided under this Agreement, or any accident or incident involving the Client, the Client’s automobile or any passenger, and if AmRide is the prevailing party, AmRide shall be entitled to recover all costs and expenses, including reasonable attorneys' fees incurred on account of such arbitration, action or proceeding. The location of any arbitration shall be in Tampa, Florida.
10. The Users HEREBY RELEASE, AGREE TO INDEMNIFY, AND AGREE TO DEFEND AND HOLD HARMLESS AmRide and its officers, directors, managers, drivers, employees, members, agents and independent contractors from any and all claims, demands, suits, liabilities, expenses, costs, judgments, injuries (including death) or other losses or damages that arise from or relate to the services provided for the Users and any passengers by AmRide and its officers, directors, managers, drivers, employees, members, agents and independent contractors including any claims based on negligence or any other legal theory.
11. The Users have carefully read the terms of this Agreement including its Release of Claims, Indemnity and Hold Harmless provisions. The Users certify to AmRide that the representations made by the Users in this Agreement are true and accurate. The Users further certify to AmRide that the Users understands the terms of this Agreement and have no questions about the meaning of this Agreement or any of its provisions.
12. AmRide may at any time, without notice to the Users and in its sole discretion, amend this Agreement from time to time. Please review this policy periodically and prior to scheduling a ride. The Users continued use of AmRide, AmRide.com, AmRide services, AmRide app, EverTransit and AmRide in any capacity after any such amendments signifies the Users acceptance thereof.
B. POLICIES, FEES & CHARGES, DEPOSITS, REFUND POLICY, DISCOUNT POLICY, SERVICE AREA
Reservation & Confirmation Policy:
There are courtesy e-mails, calls, texts messages or app notices to inform you that your ride has been received, assigned, scheduled, changed etc... through our system. Please note that reservations are NOT scheduled and confirmed until a driver has been assigned. All reservations are subject to driver availability.
Quoted Fares, Charges, Deposits, Reservation Cancellation, Changes and No-Show Policy:
Reservations may be cancelled or changed. The terms vary by Service. AmRidGo, GoElite, amRide XL and Designated Driver may be cancelled not less than 60 minutes prior to the scheduled pick-up time without penalty, Driver by the Hour and Airport Service may be cancelled not less than 24 hours prior to the scheduled pick-up time without penalty; otherwise you will be charged a cancellation fee, the appropriate wait time, or other charges as they may apply at the retail rate. Long Distance Transportation cancellations are subject to fees and cancellation charges, depending on charges incurred by AmRide, length of time the ride has reserved the driver and any other factor that may cause AmRide or the driver to incur charges and loss income, all to be determined by management. Cancellations on Holidays and high volume periods as determined by management, examples include Weekends (Friday-Sunday), New Year's Eve, Memorial Day weekend, Valentine's Day and other times where demand and volume are high, require a 48 hour notice and if not complied are subject to the High Volume Cancellation Fee. Standard cancellation fee is $50.00. High volume cancellation fee is $75.00. Long Distance Transportation cancellation fees include all expenses incurred by management and are determined on a case by case basis by management, the minimum cancellation fee for Long Distance Transportation is expenses incurred plus 25% of the quoted amount. All Services are charged a 65% deposit at the time of booking.
Fares consist of a base charge and incremental charges such as the duration, distance, waiting time, late night or early morning, minimum fares as well as a admin fee, and surcharges as AmRide deems appropriate. Please note that we may use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride.
In some cases, AmRide may quote you a Fare at the time of your request. The quote is subject to change until the ride is complete. If during your ride there is heavy traffic, you change your destination or make multiple stops the fare may change accordingly, or if you attempt to abuse the AmRide Services, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. AmRide does not guarantee that the quoted fare price will be equal to the quoted fare.
All reservations require that you pay a pre-authorized amount on your credit card or a deposit. Pre-authorization/Charges and/or Deposits of 65% or more will be charged at the time the Reservations is made.
Items purchased such as gift certificates, pre-paid hours and/or blocks of hours are non-refundable and non-transferable. No exceptions will be made. Long Distance Transportation refunds are subject to expenses incurred on a case by case basis and as determined by management. Refunds are processed on Friday. Please be sure to check your credit card.
Discounts and special offers are not applicable during holidays and high-volume periods as determined by management, examples include New Year's Eve, Memorial Day weekend, Valentine's Day and other times where demand and volume are high.
Usage charges begin to accrue at the start of your reservation time. In order to avoid charges for anything other than travel time, we recommend that you meet your driver at the scheduled reservation time. If you prefer to delay your scheduled pickup, reschedule your ride as stated above prior to the reservation time, otherwise you will accrue waiting time charges.
Tipping Your Driver:
AmRide recommends customers give 20% gratuity to the driver.
Please see Service Areas as we are expanding. Advanced reservations are highly recommended for all pick-ups and subject to driver availability and may result in cancellation.
Fees and Payment:
Upon acceptance of the quote, reservation or payment of the deposit, you agree to the AmRide terms and conditions. Payments in full are due to AmRide within 24 hours of the ride completion. All Services are charged a 65% deposit at the time of booking. Client will pay usage fees, admin fees, late payment fees and all other fees in accordance with AmRide's standard fee schedule. AmRide reserves the right to change the fee schedule at any time. Client shall have the right to terminate this Agreement but shall remain liable for all outstanding usage fees. Unless other payment methods acceptable to AmRide are arranged usage fees will be automatically billed and charged to Client's designated credit card account or debit card account. Any Client who uses a debit card as the designated credit card account acknowledges that AmRide will not be responsible for any fees or penalties associated with insufficient funds, bounced checks, or any other form of fee due to a charge for Services hereunder. Client must maintain a valid credit or debit card account or similar payment account on file with AmRide in order to receive Services. AmRide may automatically charge Client's card for Services used by Client as they are incurred. Client shall not pay the driver in cash for the service. Payment in cash to the driver shall not be deemed as payment to AmRide, and Client will be held liable for all outstanding usage fees. Once Client has placed its payment account on file with AmRide, AmRide may receive automatic updates of that account information from the financial institution that issued that payment card in order to keep that payment information current. It is the Client’s responsibility to maintain current, accurate and valid payment information. If Client objects to any fees or charges for Services, Client must notify AmRide in writing (including electronically) within 24 hours after the fee or charge is incurred (unless applicable law does not allow a limit or the law requires a longer period). If Client fails to object in writing to any charge within such 24 hour period, the charge will be deemed approved by Client. In addition, interest will accrue on all delinquent amounts due AmRide hereunder at the lesser of 18% per annum or the highest rate permitted by law from the date the payment was due until received by AmRide, in addition, failure to make payment in full within 24 hours of service may result in a $25 late payment fee per ride, in addition, Client will also be subject to legal fees, court costs, personnel costs, travel costs and all costs related to the collection of the amount due to AmRide, as determined and applied by AmRide at its sole discretion on any outstanding amount at any time.