This Ride Agreement (this “Agreement”) describes the terms and conditions applicable to your use of the services of DShofer Inc. (the “DShofer”), a Delaware corporation. You (the “User”) are agreeing to be bound by the terms and conditions as set forth in this Agreement. DShofer is sometimes referred to herein as “we” and User is sometimes referred to as “you” or with “your”
PLEASE READ THIS AGREEMENT CAREFULLY.
DShofer reserves the right to adjust, at any time, the fees for its services. User understands that DShofer’s services may not be available when a User requires such service. In addition, User understands that on occasion, due to the nature of the service, it may take longer than anticipated for one of our drivers to get to your location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances. In such cases, User agrees to hold DShofer and its employees and agents harmless for any situation or circumstances that may arise as a result of any such delay. Specifically, if we are late, please do not make the decision to drive while under the influence. Further, please refrain from doing anything that would create a liability for you.
DShofer may need your assistance prior to or after your pick-up/drop-off time. A driver’s personal vehicle may be deployed to your ending location prior to your reserved pick-up and the driver may need to be cleared for access to your secured community.
DShofer provides drivers to individuals who cannot or do not want to drive their personal automobiles. DShofer, in its sole discretion, agrees to provide the services of a driver to User upon the request of a User. By using the services of DShofer, User represents and warrants that User has read and understood the terms and conditions set forth herein and agrees to be bound by said terms and conditions. It is understood by User that User shall not request nor shall User be permitted to use the services of DShofer without first, accepting the terms and conditions set forth in this Agreement and agreeing to be bound by said terms and conditions. User understands and agrees that it shall be conclusively presumed from User’s use of the services provided by DShofer that User has read, understood, and accepted the terms and conditions contained herein and agrees to be bound by said terms and conditions.
PRICING AND CANCELLATION POLICY
If you cancel before 60 minutes of your pick up time, there will be no charge for cancellation. If you cancel within 60 minutes of your pickup time, you will incur a Cancellation Charge. If you cancel at pick up time or later you are considered a no show and will incur No Show Charge.
Wait Time starts at pickup time. Trip must commence within 30 minutes of Wait Time. If you are unable to do so, DShofer has the right to cancel the trip and you will incur a No Show Charge.
If the driver is going to be over 30 minutes late, you have the right to cancel the reservation at no charge before the driver arrives at pickup location.
Please see Price Table for detailed pricing including cancellation and no show charges for your location.
You must enter a payment method before making a reservation. You must be authorized to use the payment method and you authorize us to charge you for the service and for any paid feature of the service for which you choose or use while this contract is in force using your payment method. We may charge you a different amount than what you approved. Purchases (such as a “ride”) will be billed after the service is made.
USER INSURANCE REQUIREMENTS
User understands that drivers provided by and through DShofer will not drive any automobile that does not fully comply with all of the applicable Federal and State laws, including but not limited to laws governing insurance, registration and safety equipment. User warrants that by their request to have one of DShofer drivers operate a vehicle in User possession and control, that said automobile is lawfully within User possession and control, and that said vehicle is in full compliance with all applicable Federal and State laws, including but not limited to any law governing insurance, registration and safety equipment. User further warrants that User and/or the vehicle in User’s possession and control is covered by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements of the applicable State and insures User, the automobile in User possession and control and DShofer driver. User understands that in the event of an accident while being driven by one of DShofer drivers, whether or not a DShofer driver is at fault in such accident, User’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. User agrees to indemnify DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages not paid for by User’s insurance coverage or insurer.
ASSUMPTION OF RISK
User is aware and acknowledges that the use of the services provided by DShofer involves an inherent risk of injury, death, and property damage to User and User guest and invitees. In addition to the inherent risks involved in the operation of an automobile in the possession and control of User on public and private roadways/property, User is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. User voluntarily agrees to assume all risks of injury, death, and property damage to User and any and all passengers of the automobile operated by DShofer and User waives any and all claims or actions that User may have against DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees
RELEASE OF LIABILITY
User releases DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to User and User’s principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement or to the services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USER BEARS SOLE RESPONSIBILITY FOR ANY LOSS.
ACKNOWLEDGEMENT AND VOLUNTARY EXECUTION
INDEMNIFICATION BY USER
User agrees to indemnify, defend and hold harmless DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) any and all services provided to User by DShofer and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of the representations and warranties of User contained in this Agreement; and (iii) the breach of any covenant or agreement of User under the terms of this Agreement. If User shall fail to promptly indemnify the applicable party after written notice from DShofer, DShofer shall have the right to adjust, settle, litigate and take any other action DShofer deems necessary or desirable for the disposition of any such Claim, as determined by DShofer in its reasonable judgment. In any such event, User shall reimburse DShofer on demand for all amounts paid or incurred by DShofer as a result thereof.
TIME FOR CLAIM
Notwithstanding any statute to the contrary, any claim arising from or relating to this Agreement (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises.
Any dispute between any of the parties hereto or claim by a party against another party arising out of or in relation to this Agreement or in relation to any alleged breach thereof shall be finally determined by arbitration in accordance with the rules then in force of the American Arbitration Association. The arbitration proceedings shall take place in Columbia, Missouri or such other location as the parties in dispute hereafter may agree upon; and such proceedings shall be governed by the laws of the State of Missouri as such laws are applied to agreements between residents of such State entered into and to be performed entirely within such State. There shall be one arbitrator, as shall be agreed upon by the parties in dispute, who shall be an individual skilled in the legal and business aspects of the subject matter of this Agreement and of the dispute. In the absence of such agreement, each party in dispute shall select one arbitrator and the arbitrators so selected shall select a third arbitrator. In the event the arbitrators cannot agree upon the selection of a third arbitrator, such third arbitrator shall be appointed by the American Arbitration Association at the request of any of the parties in dispute. The arbitrators shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement and of the dispute. The decision rendered by the arbitrator or arbitrators shall be accompanied by a written opinion in support thereof. Such decision shall be final and binding upon the parties in dispute without right of appeal. Judgment upon any such decision may be entered into in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision and an order of enforcement. Costs of the arbitration shall be assessed by the arbitrator or arbitrators against any or all of the parties in dispute, and shall be paid promptly by the party or parties so assessed.
Before invoking the binding arbitration mechanism set forth above, the parties shall first participate in mediation of any dispute arising under this Agreement. The mediator shall be a retired judge or commissioner or an attorney with at least 5 years of relevant experience relating to the subject matter of the controversy. The mediation shall take place in Columbia, MO, at such time and place as User and DShofer shall mutually agree. The cost of mediation shall be borne by the parties equally. At least 30 days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute will involve third parties, such as insurers or subcontractors, they shall also be asked to participate in the mediation. If a party has participated in the mediation and is dissatisfied with the outcome, that party may invoke the binding arbitration provision set forth above.
DShofer may amend the terms and conditions of this Agreement at any time by posting the amended terms and conditions on this web site, in which case, such amended terms and conditions shall take effect with respect to existing User ten (10) days following such posting. Alternatively, DShofer may e-mail all Users a notice of amended terms and conditions, in which case, such amended terms and conditions shall be effective on the date indicated in such notice.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.
This Agreement and the rights and obligations hereunder shall not be assignable or transferable by User without the prior written consent of DShofer, which consent may be withheld in DShofer absolute discretion.
This Agreement shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Missouri applicable to agreements made and to be performed entirely within such State, including all matters of enforcement, validity and performance.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between User and DShofer and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement, nor is any party relying on, any representations or warranties outside those expressly set forth in this Agreement.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.