Care Partner Terms of Agreement
Last Updated: November 24, 2017
SendaRide, Inc. does not provide transportation. SendaRide, Inc. neither owns, leases, nor operates any vehicles. SendaRide, Inc.’s business is solely limited to offering a tool for Subscribers and Care Partners to connect for the purpose of transportation, in exchange for which SendaRide, Inc. receives a contractually-agreed upon amount of the fee paid by Subscribers to the Care Partners.
By agreeing to these Terms, Care Partner represents he/she is in the independent business of providing transportation services, and understands and intends to create the relationship of principal and independent contractor and not that of employer and employee. Care Partner is not an employee, agent, joint venturer, franchisee, affiliate, or partner of SendaRide, Inc. for any purpose.
Care Partner’s Obligations.
In consideration for authorization to use the SendaRide, Inc. Services to arrange transportation services, Care Partner represents and agrees that they will comply with the following contractual obligations:
Care Partner shall consent to SendaRide, Inc. conducting a comprehensive background check, and will provide all necessary information to SendaRide, Inc. so that the background check can be timely and accurately completed. SendaRide, INC. may deny Care Partner access to the Services based on the results of the background check to the extent permitted by applicable law.
SendaRide, Inc. will authorize a third party to conduct the following background investigations for each Care Partner:
● SSN Trace Check (including address verification)
● Identity Verification
● National Criminal Check
● Unlimited County Criminal Checks
● Sex Offender Check
● Terrorist Check
● MVR Driving Record Check
● Drug screening
SendaRide, Inc. requires each Care Partner to submit an application which includes his or her address, age, social security number, driver license, motor vehicle registration and automobile liability insurance.
SendaRide, Inc. does not permit an individual to act as a Care Partner on our platform who:
1. Has had more than three moving violations in the prior three-year period, or one major violation, including but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license, in the prior three-year period;
2. Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror;
3. Is a match in the National Sex Offender Registry database;
4. Does not possess a valid driver license;
5. Does not possess current proof of motor vehicle registration for the motor vehicle(s) used to provide transportation;
6. Does not possess proof of the automobile liability insurance and GAP insurance required by law for the motor vehicle(s) used to provide transportation;
7. Is not at least eighteen (18) years of age to provide child care services;
8. Is not at least twenty-one (21) years of age to provide transportation services; or
9. Has failed our drug screening.
SendaRide, INC. periodically re-verifies each Care Partner’s vehicle(s) and motor vehicle insurance, criminal background investigation, driving record information and performs random drug screenings to ensure continued compliance by each driver of our stated policies and procedures.
Care Partner consents to audio recordings of each ride, from the time the rider is checked in until they are checked out, by SendaRide, Inc. These recordings will be maintained on SendaRide, Inc. servers and will not be used for any purposes other than ensuring each ride meets the standards expected of the company or to determine if any misconduct occurred during the ride by either party.
Care Partner acknowledges they have fully read and accept our Training Manual. Care Partners agree to adhere to the Training Manual, and all applicable laws and regulations governing the provision of transportation services in connection with any transportation arranged using the Services.
SendaRide, Inc. Trade Wear
SendaRide, INC. reserves the right to implement a charge to Care Partners for the use of /or ownership of SendaRide, INC. materials, including but not limited to, a booster seat, car magnet, T-shirt, cell phone holder. Such charge will be disclosed in advance to the Care Partner.
Obligations and Requirements
· SendaRide, Inc. reserves the right to remove Care Partner’s access to use the SendaRide, Inc. platform at any time.
· Care Partners may only use the vehicle(s) included in their profile for transportation.
· Care Partners must own, lease, or have all other necessary rights, permits, licenses and certifications to lawfully operate the Approved Vehicle(s), and the Approved Vehicle(s) must be in good operating condition and meet industry appearance and safety standards and all applicable statutory and state department of motor vehicle requirements. Care Partner must notify SendaRide, Inc. of any change or addition to the vehicles Care Partner intends to use to provide transportation services under these Terms by submitting to SendaRide, Inc. photos, an updated description and vehicle registration and proof of inspection for any previously unidentified vehicle. The purpose of this provision is to enable SendaRide, Inc. to determine whether Care Partner’s vehicle(s) meets industry standards and to comply with applicable law.
· Care Partner must not make any misrepresentation about SendaRide, Inc. or the Services. Care Partners may not solicit Subscribers outside of the application for transportation services.
· Care Partners must transport directly to the predetermined destination selected by the Subscriber.
· Care Partner agrees that he/she shall maintain a professional appearance.
· In order to comply with safety regulations:
i. Care Partner may not use his/her phone or other devices for texting or voice calls for any purpose while transporting a passenger, except if contacted by the Subscriber or SendaRide, Inc., in which event Care Partner agrees to pull safely over to the side of the road and answer the call or return the Subscriber or SendaRide, Inc.’s call.
ii. Care Partner must immediately notify SendaRide, Inc. and the appropriate Subscriber in the event of any delay or an emergency or other event that may threaten the health or safety of a passenger. In the event that a passenger has a health emergency while transportation services are provided, Care Partner must call 911 or drive the child to the nearest hospital, as appropriate, and then contact the Subscriber and SendaRide, Inc.
iii. Care Partner must have their current cell phone number listed on their account at all times.
iv. If and when applicable, Care Partner must install booster seats prior to pick up.
v. No adults over the age of 18 except for the Subscriber or an adult authorized by the Subscriber, shall be present in any vehicle during transportation.
vi Care Partner agrees not to discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
· During transportation, Care Partner will not interfere with the operation of the Application or disable the collection of location-based information from the Care Partner’s mobile device.
· A Care Partner shall not be permitted to use the platform unless they have allowed each of the following items:
i. Push Notifications
ii. Access to the Camera
iii. Access to the Microphone
iv. Geo Locations
Failure to comply with the foregoing shall constitute a material breach of the Terms.
Subject to the provisions of the Terms expressly set forth herein, Care Partner shall be solely responsible for determining how to perform the transportation services arranged using the application. Care Partners agree to fully perform services in a timely, efficient and safe manner and in accordance with all Subscriber specifications. The provisions of these Terms reserving authority in SendaRide, Inc. have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof. Except as to those provisions, SendaRide, INC. shall have no right to, and shall not, control the manner or prescribe the method, manner, or means Care Partners use to complete transportation.
Except as specifically set forth in these Terms, Care Partner is solely responsible for all costs and expenses incident to Care Partner performing services under these Terms, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage, unemployment insurance and workers’ compensation contributions, and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or federal authority as a result of an action by Care Partner or Care Partner’s personnel in the performance of Rides pursuant to these Terms. Failure to comply with these the foregoing shall constitute a material breach of the Terms.
After Care Partner is authorized to use the Services, the Care Partner will receive notifications via email or the App indicating that a Subscriber is requesting services and the details of that service, including the estimated fee for that service. If the Care Partner accepts the service, the Care Partner will receive additional information. Care Partner has the right to accept, reject and choose between services offered. SendaRide, Inc. does not guarantee that any Care Partner will receive any minimum number of service offers. Care Partner shall have complete discretion to designate the dates he/she will be available to perform services. However, once Care Partner agrees to a service, Care Partner shall be contractually bound to fully perform that service and shall not cancel any service unless an emergency exists.
Care Partner shall be entitled to a fee for each completed service provided as a result of Care Partner’s use of the application. Care Partner also agrees to allow SendaRide, Inc. to deduct a fee for arranging the service. Pricing will vary depending on the services requested, the time and date of the requests, and the locations. Pricing is estimated at the time of the request but subject to adjustment based on the final parameters, in accordance with SendaRide, Inc.’s Fee Schedule, which schedule Care Partner shall receive in advance of providing any services under these Terms. When there is a change to the terms of the Fee Schedule, SendaRide, Inc. shall provide notice of such change(s) to Care Partner via the Application or other written means. Prior to the disbursement to Care Partner, any fees owed to SendaRide, INC. for arranging the Ride will be deducted and Care Partner hereby authorizes all such debits. In all cases, Care Partner is responsible for all applicable taxes and required fees relating to the services. Care Partner is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to Care Partner under this Agreement, and Care Partner agrees to do so in a timely manner. Care Partner will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
Care Partners must possess insurance in all types of coverage and amounts required by law to provide the transportation services described in these Terms.
Care Partner must have a valid policy of liability insurance (in coverage amounts equal to or greater than all applicable legal requirements) covering the operation of the vehicle to cover any anticipated losses related to such Care Partner’s provision of transportation. Care Partner must provide proof of insurance to SendaRide, Inc. before providing services.
Care Partner must be named or scheduled on their personal insurance policy covering the vehicle(s), and must also name any of their personnel that are authorized to use the Services.
SendaRide, Inc. shall maintain all insurance it is required by law to maintain in connection with the Rides arranged using the Services.
Failure to comply with these insurance requirements shall constitute a material breach of the Terms.
a. MANDATORY AND EXCLUSIVE ARBITRATION: SendaRide, Inc. and Care Partner mutually agree to resolve any justiciable disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall apply to any and all claims arising out of or relating to the Terms or these Care Partner Terms, Care Partner’s classification as an independent contractor, Care Partner’s provision of services under the Terms or these Care Partner Terms, the payments received by Care Partner and/or its personnel for providing services under the Terms or these Care Partner Terms, the termination of the terms or these Care Partner Terms, and all other aspects of Care Partner’s relationship with SendaRide, INC., past or present, whether arising under federal, state or local statutory and/or common law.
(a) If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via email, certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Care Partner must be delivered to 13919-B North May Ave. #210, Oklahoma City OK 73134. Any demand for arbitration by SendaRide, Inc. must be delivered to Care Partner’s last known address.
(b) Class Action Waiver: Care Partner and SendaRide, Inc. mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
(c) Care Partner agrees and acknowledges that entering into this arbitration agreement does not change Care Partner’s status as an independent contractor in fact or in law, that Care Partner is not an employee of SendaRide, Inc. and that any disputes in this regard shall be subject to arbitration as provided herein.
(d) Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), except as follows:
1. The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or retired judge with experience in the law underlying the dispute.
2. If the Parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the county in which Care Partner provided Rides under the Terms and these Care Partner Terms.
3. Unless applicable law provides otherwise, as determined by the Arbitrator, the Parties agree that SendaRide, Inc. shall pay all of the Arbitrator’s fees and costs.
4. The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
5. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
6. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
7. The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
8. Either Care Partner or SendaRide, Inc. may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Dispute Resolution provision may be rendered ineffectual.
(e) Regardless of any other provision in the Terms or these Care Partner Terms, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
(f) The AAA Rules may be found at www.adr.org. Care Partner may also request a copy directly from SendaRide, Inc.
(g) Right To Consult With An Attorney: Care Partner has the right to consult with private counsel of Care Partner’s choice with respect to any aspect of, or any claim that may be subject to, this Dispute Resolution provision. In the event any portion of this Dispute Resolution provision is deemed unenforceable, the remainder of this Dispute Resolution provision will be enforceable. If the Class Action Waiver is deemed to be unenforceable, Care Partner and SendaRide, Inc. agree that the Dispute Resolution provision is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration.
SendaRide, Inc. and Care Partner agree that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Care Partner the right to choose when to make himself/herself available and each service is treated as a separate service arrangement. These terms may be terminated by either the Care Partner or SendaRide, Inc. upon seven (7) days’ written notice, or immediately upon written notice in the event of a material breach of the Terms. What constitutes a material breach is not limited by the express provisions of the Terms. After notice of termination of the Terms and these Care Partner Terms, Care Partner agrees to return the SendaRide, Inc. t-shirt, booster seat and decal to SendaRide, Inc. within 24 hours.