This Membership Agreement (hereinafter, “Agreement”) describes the terms and conditions applicable to your use of the services of DDOD LLC, a New Mexico limited liability company (hereinafter, “DDOD”). By checking the “I Agree to” checkbox and completing the registration process, you (hereinafter “Member”) are agreeing to be bound by all of the terms and conditions as set forth in this Membership Agreement. DDOD is sometimes referred to herein as “we” and Members are sometimes referred to as “you,” “your and/or yourself.”
Eligibility for Services. DDOD is a service that that helps locate volunteer drivers to operate automobiles/motor vehicles (hereafter, “vehicle(s)”) owned and insured by Member when a Member needs to be driven to his/her home. DDOD is not a transportation company and does not employ drivers to drive home any of its members. All drivers are volunteers and are not employees of DDOD. In order to become a Member, you must first provide DDOD with some information about yourself. DDOD may also need to confirm with you the accuracy of that information and, from time to time, update such information as necessary. Member agrees to keep DDOD informed of any changes in his or her membership information. DDOD warrants that all information provided by Member will be treated as strictly confidential. DDOD will not give or sell the information you provide to anyone except to the volunteer drivers. DDOD, in its sole and absolute discretion, may deny or limit a membership request or terminate a membership for any reason including, but not limited to: nonpayment of fees, inappropriate behavior or language used by a Member or Member’s guest during a trip, obscene gestures or language used by a Member or one of Member’s guests, or for any reason that would cause a reasonable, sober individual to have concerns for their safety. In order to become a Member of DDOD, the Member must not have any outstanding claims against their vehicle(s) or outstanding criminal/ordinance violations which would result in the arrest of Member or detention of the vehicle and/or the DDOD driver using such vehicle(s). Additionally, the vehicle must also be mechanically safe and reliable to drive in the opinion of DDOD and its volunteer driver and must be incompliance with all laws and regulations of the member’s residing State.
Term. The term of this Agreement shall be for either 30 days or for one year, as selected by Member during registration on our website. At the expiration of each term, this Agreement shall be automatically renewed for additional, identical terms thereafter. Either party shall have the right to terminate this Agreement upon delivery of a thirty (30) day written notice of termination to the other party anytime during the initial term or renewal terms.
Schedule of Charges. In addition to the per usage charges shown in the Schedule of Charges posted on our website, Member agrees to pay a onetime sign up fee and a monthly membership fee in accordance with the type of membership Member has chosen, all as posted on our website according to the rates you’ve selected when you’ve signed up for your Membership.
Changes to this Agreement and Cost Increases. DDOD reserves the right to change the established Schedule of Charges posted on our website. Should DDOD deem it necessary to change the schedule of charges, Member will be given a thirty (30) day written or email notice at the Member’s address(es) on file with DDOD.
Charges and Payment. Member shall pay DDOD for its services in accordance with the Schedule of Charges shown on the website and in effect as of the date of each usage. Member shall be liable for all gross receipts taxes. Member agrees to allow DDOD to have Member’s debit or credit card information on file and to allow DDOD to collect sign-up fees, membership fees, and/or tips when such fees and/or tips occur and are not paid by Member at the time of service. In the event that DDOD is not able to collect any fee and/or tip from Member’s debit or credit card on file with DDOD, Member agrees that DDOD may terminate this Agreement immediately without notice.
Use of Services. Member understands and acknowledges that on occasion, due to the nature of DDOD service, unforeseen circumstances such as but not limited to, heavy traffic conditions, limited numbers of volunteers, traffic accidents, construction zones, and weather conditions, it may take longer than anticipated for DDOD volunteer drivers to get to Member’s location. In addition, Member understands that use of the service contains inherent risks of unforeseen events or mishaps such as automobile accidents, damage to vehicles or mechanical failures of vehicles. In such cases, Member agrees to indemnify and to hold volunteer drivers and DDOD and its employees and agents harmless from any claims or damages arising from any situation or circumstances that may arise as a result of any such event not caused by the gross negligence of DDOD. DDOD and its volunteer drivers reserve the right to refuse to provide service to a Member or to any other person if, in the volunteer driver’s sole discretion, such service would be unsafe to the volunteer driver because: (a) Member or his/her guest is impaired to the point of unconsciousness or to the point that the driver cannot manage the impaired individual(s) entry into, exit from, or behavior in the vehicle; (b) Member or his/her guest is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the vehicle is unsafe to drive; (d) the vehicle is not properly insured, and/or (e) any other facts or circumstances, as determined in volunteer driver’s sole discretion.
Agreement Not to Employ. Member acknowledges DDOD has spent considerable time and expense in recruiting and training it’s employees, volunteers and sub-contractors and, therefore, it is understood and agreed that Member or any company owned or managed by, partially owned or managed by or employing Member shall not, during the term of this Agreement or any renewal period thereof and for a period of one year from the expiration thereof, employ, directly or indirectly, any employee, volunteer or sub-contractors of DDOD under the terms of this Agreement or any renewal thereof.
Membership. Member has joined DDOD, a service which helps locate volunteer drivers for individuals who cannot or do not want to drive their personal automobiles/motor vehicles. DDOD, in its sole discretion and subject to the limitations set forth in this Agreement, agrees to locate and send a volunteer driver to Member’s location upon request of the Member. Once DDOD has located and provided a volunteer driver to a Member, DDOD has fulfilled all obligations to Member pursuant to this Agreement as to that pickup. By accepting the terms of this Agreement and using the services of DDOD, Member represents and warrants that Member has read and understood the terms and conditions set forth herein and agrees to be bound by said terms and conditions. Member also agrees that by becoming a Member of DDOD, accepting the terms of this Agreement and utilizing the services of DDOD, Member is also accepting the terms of this Agreement on behalf of the other Member in the case of a “Couples” membership and on behalf of any and all of Member’s guests who utilize the services of DDOD. It is expressly understood by Member that no person shall request or shall be permitted to use the services of DDOD without first having accepted the terms and conditions set forth in this Agreement and having agreed to be bound by said terms and conditions. Member understands and agrees that you shall be conclusively presumed to have read, understood and accepted the terms and conditions contained herein and have agreed to be bound by said terms and conditions, when Member uses the services of DDOD, regardless of whether Member has formally executed this Membership Agreement and regardless of Member’s impairment or physical or mental condition at the time service.
Member Insurance Requirements. Member understands that volunteer drivers will not operate any automobile/motor vehicle that is not in full compliance with all of the applicable laws of the State in which member resides in, but not limited to, laws and regulations governing insurance, registration and safety equipment. Member warrants that by making a request to have a volunteer driver operate Member’s automobile/motor vehicle that said vehicle is lawfully within Member’s possession and control, and that said vehicle fully complies with all applicable laws of the State in which member resides in, including, but not limited to, any laws governing insurance, registration and safety equipment. Member further warrants that Member and the vehicle in Member’s possession and control is now and will be covered at the time that any services are provided by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements for the State in which member resides in. This policy must insure Member, the automobile/motor vehicle in Member’s possession and control and the volunteer driver. Member understands that in the event of an accident, while Member’s motor vehicle is being operated by one of DDOD’s volunteer drivers, whether or not DDOD’s volunteer driver is at fault in such accident, Member’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. Member agrees to indemnify volunteer drivers and DDOD or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all damages sustained by DDOD and/or volunteer drivers or any claims made against volunteer drivers and/or DDOD or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages or claims not paid for by Member’s insurance coverage or insurer unless such damage is caused by the gross negligence or intentional wrongful acts of DDOD.
Assumption of Risk. Member is aware and acknowledges that the use of the services provided by DDOD involves an inherent risk of injury, death, and/or property damage to Member and/or Member’s guest(s). In addition to the inherent risks involved in the operation of an automobile/motor vehicle on public and/or private roadways, Member acknowledges and is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of DDOD or volunteer drivers including, without limitation, the risk of negligent instruction or supervision or operation of the vehicle. Member voluntarily agrees to assume all risks of damage, including injury, death, and property damage to Member and any and all passengers within the automobile/motor vehicle operated by DDOD or volunteer drivers and Member waives any and all claims or actions that Member may have against volunteer drivers or DDOD or its members, managers, employees, agents, and drivers and/or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees unless such damage is caused by the gross negligence or intentional wrongful acts of DDOD.
Release from Liability. Member hereby affirmatively releases volunteer drivers and DDOD or its members, managers, employees, agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees. (collectively, the “Released Parties”) from any and all liability to Member and Member’s guests, principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin from 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 the Released Parties, regardless of where the injury, death, or property damage occurs. This Release of Liability includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties. This Release shall not include damage caused by the gross negligence or intentional wrongful acts of the Released Parties.
Sole Responsibility. Member expressly understands and agrees that Member bears sole responsibility for any losses incurred as a result of entering into this Agreement, services provided pursuant to this Agreement and/or any loss related to this Agreement. Without limiting any other provision of this Agreement, in no event shall DDOD have any liability for any loss or damage related to this Agreement, whether arising from contract, warranty, negligence, and tort or otherwise except as provided herein.
Knowing and Voluntary Execution. Member acknowledges that Member has carefully read this Agreement, understands its contents, and understands that this Agreement includes an assumption of the risk provision, a general release of the Released Parties and a release of liability for all acts and/or omissions by volunteer drivers or DDOD or its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees except for acts of gross negligence or intentional wrongful acts. Member further acknowledges that DDOD is materially relying on these provisions of this Agreement in its decision to allow Member to utilize the services of DDOD. With full knowledge of these provisions in favor of DDOD as set forth herein, Member voluntarily agrees to these provisions and enters into this Agreement by accepting its terms on our website and by any use of DDOD’s services.
Indemnification by Member. Member agrees to indemnify, defend and hold harmless volunteer drivers and DDOD and its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all claims, actions or proceedings of any kind brought by Member or any third party and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”), except for claims arising from the gross negligence or intentional wrongful acts of DDOD, relating to or arising out of or in connection with: (i) any and all services provided to Member by volunteer drivers or DDOD or its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of the representations and warranties of Member contained in this Agreement; and (iii) the breach of any covenant or agreement of Member under the terms of this Agreement. The indemnification provision set forth in this paragraph applies to all Claims. If Member shall fail to promptly indemnify DDOD after written notice from DDOD, DDOD shall have the right to adjust, settle, litigate and take any other action DDOD deems necessary or desirable for the disposition of any such Claim, as determined by DDOD in its reasonable judgment. In any such event, Member shall reimburse DDOD on demand for all amounts paid or incurred by DDOD as a result thereof, including attorneys’ fees and costs. Non-payment of said amounts due and owing hereunder within 30 days after demand shall accrue interest at the rate of one-half (0.5%) percent per month, accumulating per annum.
Time for Claim. Notwithstanding any statute, law or regulation 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 Member knew or could reasonably have known about the claim.
Binding Arbitration. Any dispute between any of the parties to this Agreement or claim by a party against another party arising out of or in relation to this Agreement or in relation to any alleged breach of this Agreement shall be finally determined by arbitration. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The arbitration proceedings shall take place in Albuquerque, New Mexico or such other location as the parties to this Agreement may all agree upon; and such proceedings shall be governed by the laws of the State of New Mexico and the provisions of the New Mexico Uniform Arbitration Act, NMSA §44-7A-1 et seq. There shall be one arbitrator, the identity of whom shall be agreed upon by the parties in dispute. In the event the parties cannot agree upon the selection of an arbitrator, such an arbitrator shall be appointed by the Court as provided by the New Mexico Uniform Arbitration Act at the request of any of the parties in dispute. The decision rendered by the Arbitrator shall be accompanied by a written opinion in support thereof. Such decision shall be final and binding upon the parties in the 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. The prevailing party in any arbitration or declaratory action arising from the terms of this Agreement or the services provided hereunder shall be entitled to an award of reasonable attorneys’ fees and costs of the action against the other party.
Mediation. Before invoking the binding arbitration mechanism set forth above of this Agreement, the parties may elect to 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 five (5) years of relevant experience relating to the subject matter of the controversy. The mediation shall take place in Albuquerque, New Mexico, at such time and place as Member and DDOD shall mutually agree. The cost of mediation shall be borne by the parties equally. At least ten (10) 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 the parties agree, the mediator may serve as the arbitrator. 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.
Intoxication and/or Medication. Member acknowledges and agrees that at the time DDOD is requested, Member may be intoxicated and/or medicated. Accordingly, Member hereby affirms that this Agreement and the waivers, releases and all other provisions contained herein are binding on Member and will continue to be binding, notwithstanding the fact that Member may be intoxicated and/or medicated at the time he or she requests DDOD services.
Ride Request Cancellation. Once member requests a ride, member agrees it is member’s responsibility to cancel ride request if no longer needed. Member has 10 minutes to cancel ride request. If member cancels ride request at 10 minutes or less, there is no charge to member. If member cancels ride request after 10 minutes, fails to answer volunteer driver once volunteer driver is present at said location, or is no longer present at said location, member will be charged $20. Member agrees to allow DDOD to collect the $20 from member’s debit or credit card on file with DDOD.
15 Minute Wait Time. Once a volunteer driver arrives at member’s said location and makes contact with member, volunteer driver will wait a maximum of 15 minutes for member. After 15 minutes, member agrees ride request will be considered canceled, member will be charged $20, and volunteer driver will be made available for another ride request. Member agrees to allow DDOD to collect the $20 from member’s debit or credit card on file with DDOD.
Refund Policy. Any payments made by the Member to DDOD are non-refundable. If Member cancels any payments to DDOD, Member will be responsible for any and all fees incurred by DDOD that arise from the cancellation of the payment.
Amendments. DDOD may amend the terms and conditions of this Agreement at any time by posting the amended terms and conditions on its website, in which case, such amended terms and conditions shall take effect with respect to existing Members ten (10) days following such posting. Members should refer to the Membership Agreement on our website at http://designateddriversondemand.com/ from time to time prior to utilizing services. Member agrees to be bound by the terms of the Agreement in effect at the time of each usage of the services of DDOD. In addition thereto, DDOD may, in its sole discretion, e-mail and/or text message all Members 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. Any further payments or use of DDOD signifies Member’s acknowledgement and agreement to the terms of said amended Agreement.
Successors and Assigns. This Agreement shall be binding upon DDOD and shall inure to the benefit DDOD and it successors and permitted assigns. This Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of DDOD, which consent may be withheld by DDOD in its absolute discretion.
Unenforceable Provisions. If any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by an arbitrator or court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of the Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
Governing Law. This Agreement shall be governed by and construed, interpreted and enforced in accordance with the laws of the State in which member resides in, including all matters of enforcement, validity and performance.
Headings. 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.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the terms of the agreement between Member and DDOD 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.