Designated Drivers Membership Agreement The following shall constitute the agreement between Designated Drivers, Inc. ("DD"), located at 671 Professional Ave, Suite 515, Henderson, NV 89015, on the one hand, and the person identified below ("Member"), on the other, with regard to membership in DD's driving service (the "Service") on the following terms and conditions (the "Agreement"):
Member hereby subscribes to become a member of the Service. If Customer calls DD and requests a ride, he/she is deemed a member and is agreeing to all the terms and conditions described in the DD membership agreement.
Membership additional fee’s and charges
A - mileage after 10 miles (up to 30 miles) billed at $1.00 per mile) except corporate retainer memberships.
B - mileage after 30 miles billed up to $2.00 per mile) except corporate retainer memberships.
C - Pick up’s after 2:00 am will be billed an additional $20.00
D - Pick up’s after 3:30 am will be billed an additional $50.00
E - Additional Stops are billed an additional $10.00
F - Waiting time- DD will allow for a 10 minute grace time for waiting, starting at the agreed pick up time or when driver arrived at pick up location and notified customer. After the initial 10 minute grace period, wait time is billed at $20.00 per 15 minutes or $75.00 per hour. Billable Wait time begins at the initial agreed pick up time or arrival time. Driver has the option of leaving after waiting 20 minutes. Wait time will still be charged to the customer.
G - Rescheduling of ride requires a minimum of 45 minutes notice
H - Cancellation of ride requires a minimum of 45 minutes, or the base fee will be charged (including wait time if applicable)
I - All rides are limited to the DD service area unless special arrangements are made with DD in advance.
J - If rides exceed membership limits, then standard ride fee apply.
K - Sports Event Surcharge ($30.00) Univ of AZ, Jobbing .com, PHX open (and some other golf events) Westworld events, Barrett Jackson and other auctions and events Surcharge may be waived if clients car is ready and immediately accessible and no waiting incurred. Additional wait time starts 30 minutes after pickup time if waiting or traffic.
L - Out of area Surcharge:
Avondale, Goodyear, Surprise and Sun City $25.00.
Fountain Hills $10.00 to $15.00.
Glendale to Glendale $15.00.
Litchfield Park, Laveen and West Awatukee $15.00.
Queen creek to Queen creek $15.00.
Cave Creek, Carefree and Anthem to Cave Creek, Carefree and Anthem $15.00 to $25.00.
North Scottsdale (north of 101) to North Scottsdale (north of 101). $15.00 to 25.00.
Maricopa town $50.00 to $75.00.
Salt River Tubing $25.00.
M - Holiday Surcharges
Christmas - $25.00
New Years Eve - $50.00
N - Coupon Restrictions:
Any and all coupons and special Promo programs are not valid on Christmas,New Years Eve and for Most Large events.This restriction may be waived at the discretion of Designated Drivers Phoenix mgmt.
Member will choose from one of the packages listed below:
Corporate Monthly Retainer memberships(non transferable)
Ride Packages (Transferable to anyone)
Member hereby represents, warrants, agrees and authorizes that:
A - Member is the rightful owner, lessee or caretaker of the vehicle/s listed below (the "Vehicle");
B - Driver is permitted to drive Member's Vehicle for the purposes set forth in this Agreement
C - The Vehicle will have sufficient fuel to reach all drop-off location(s);
D - Member shall pay any and all expenses required to get Member's Vehicle to its destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that the Vehicle has insufficient fuel to reach the desired drop-off point(s); (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking and or valet fees;
H. Member shall obey all civil and criminal laws, including but not limited to, avoiding all unnecessary physical contact with Driver, and all open container and seat belt laws;
I - Vehicle's registration, insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy;
J - Vehicle is maintained in good working condition and in compliance with all applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive;
K - No contraband, substances or other items which are illegal for transport are concealed or within the Vehicle.
L - DD and/or Driver are permitted 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;
Member hereby provides the name and phone number for an emergency contact person: In the event that an emergency arises, Member authorizes DD and/or Driver to attempt to contact the person named above.
DD and Driver reserve the right to refuse to provide the Service to Member or to any other person if, in Driver's sole discretion, such service would be unsafe to Driver because: (a) Member or a guest is impaired to the point of unconsciousness; (b) Member or guest 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 by Driver's sole discretion.
DD provides its Service subject to availability and assumes no liability should all Drivers be booked at the precise time when Service is requested.
(a) releases DD, its officers, employees, agents, Drivers and/or any other person acting on its behalf from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Service; and (b) agrees not to initiate any legal proceedings against DD, its officers, employees, agents, Drivers and/or any person acting on its behalf with respect to any such claims or damages, which Member is releasing. Member is aware that various risks are involved in the 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.
Without limiting the preceding paragraphs above, DD's and its Drivers' liability for failure to perform under this Agreement or for injury or damage will be limited to Five Hundred Dollars ($500). In no event shall DD or its Drivers be liable for any special, consequential, exemplary or punitive damages.
Member shall indemnify, defend and hold DD, its officers, employees, agents, Drivers and/or any person acting on its behalf 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.
DD will be deemed to have accepted this Agreement, without execution, upon the acceptance of payment of membership fees. The parties acknowledge and confirm that they have participated jointly in the review of this Agreement.
Each Driver is hereby designated as a third-party beneficiary of this Agreement.
Member fully intends and understands that the waiver of liability and hold harmless provisions of this Agreement shall be binding upon Member's family, heirs, assigns, and/or personal representatives.
Each party to this agreement represents that it is a sophisticated party capable of understanding all of the terms of this agreement, that it has had an opportunity to review this agreement, and that it enters into this agreement with full knowledge of the terms of the agreement. Member acknowledges and agrees that at the time 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 the Service.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and all prior and contemporaneous representations, negotiations and agreements between the parties are superseded and replaced hereby. There are no oral or written representations, agreements, understandings or circumstances which modify any of the provisions hereof. This Agreement shall be governed by the laws of the State of Arizona and Nevada without regard to the conflict of laws provisions thereof, and may be amended only in a writing signed by both parties. No rights of any party hereunder may be waived except by a writing signed by the party to be charged with such waiver. If any provision of this Agreement is determined to be illegal or unenforceable by an arbitrator or a court of competent jurisdiction, this Agreement shall remain valid as though such provision had not been contained herein. By accepting this agreement electronically, Member acknowledges that he or she has read and understood this Agreement and agrees to be legally bound by its terms.
We will issue a refund for any membership (if unused) within 7 days of original purchase date.