Zero Emission Vehicle Cooperative (ZEV co-op)
General Terms and Conditions of Use
These General Terms and Conditions of Use (the “Agreement”) are a contract between you (the “Participant”, “you”, or “your”) and Zero Emission Vehicle Cooperative, its representatives, business partners, afﬁliates, ofﬁcers and directors (collectively, “ZEV co-op,” “we”, “our”, or “us”). The terms and conditions provided in this Agreement apply to your use of vehicles in the ZEV co-op carsharing program (“Program Vehicles”) and any other services or features offered by ZEV co-op (collectively, the “Program”), including your membership in ZEV co-op (your “Membership”), if applicable. This Agreement includes the section below entitled “WAIVER OF RIGHT TO SUE AND ZEV CO-OP LIABILITY/LIMITATION ON LIABILITY”, as well as The Participant Handbook and the rate schedule, all of which are incorporated herein by reference. From time to time, we may update this Agreement, including the documents incorporated by reference, and you will be bound by any such updated terms when they are incorporated into the Program app or posted on the ZEV co-op website.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM, ESPECIALLY BECAUSE IT CONTAINS IMPORTANT INFORMATION, INCLUDING TERMS THAT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS WAIVING YOUR RIGHTS TO SUE. YOUR USE OF ANY PROGRAM VEHICLES SIGNIFIES ACCEPTANCE OF THIS AGREEMENT.
By applying to use any Program services and/or to obtain a Membership, you expressly acknowledge that you have had an opportunity to review this Agreement and all other documents incorporated by reference in full and to consult advisors (including your attorney) as you may determine appropriate, and you agree to be bound by the terms of this Agreement. If the Program accepts your application, the terms of this Agreement immediately constitute a binding contract. You acknowledge that you have received and read a copy of the Participant Handbook and agree to observe and be bound by it, including any amendments to it. You confirm that you have not relied on any advice, information, representation, assertion, guarantee, or warranty provided to you by ZEV co-op, or any collateral contract, or other assurance, except those expressly set out in this Agreement.
You further affirm that a representative of ZEV co-op has provided an orientation explaining this Agreement.
In order to qualify for initial and continuing participation in the Program, you understand and agree that the Program, its insurers and agents, may check your driving history. You agree to provide ZEV co-op and/or its agents any authorizations or information necessary to enable them to access your driving record. ZEV co-op, its insurers, and agents, regardless of whether your application is approved, will retain the information solicited for the Program in connection with the approval process. Approval of your use of Program Vehicles is entirely within the discretion of ZEV co-op and approval can be withheld or revoked, and this Agreement terminated, at any time and for any lawful reason. You warrant that you have held a valid Washington State driver license and/or a valid driver license from another state with a driving history of at least two (2) consecutive years. You further warrant that you will notify the Program promptly in the event the license is revoked, suspended, or expired. Your eligibility to participate in the Program will be conditioned on:
• Your age. Participants under the age of 21 are not eligible to participate in the Program. Use of the service for Participants between the age of 21 and 25 will be determined on a case-by-case basis at the discretion of the Program.
• The number and type of moving and non-moving violation citations you have received and the number and type of automobile accidents in which you have been involved during the past three (3) years.
• Absence of any alcohol-related moving violations within the past four (4) years. Any alcohol-related conviction during this time period precludes a Participant from participating in the Program.
• Absence of any major moving violations within the past four (4) years. Any major moving violations during this time period precludes a Participant from participating in the Program.
You agree to disclose, in writing, any accidents, moving or non-moving violation citations, or alcohol-related moving violations that occur during the term of Program participation. If it is found that you have been involved in such violations, ZEV co-op has the right to terminate your participation or application. Any alcohol-related moving violation occurring during the term of your participation will result in a termination of participation.
You agree and understand that ZEV co-op will check your driving records and charge you a one-time $25 fee to determine your eligibility. You acknowledge that this one-time registration fee will not be reimbursed if you are not accepted into the carshare program.
You agree to pay the Program the monthly access fee and usage rates as listed on the Program rate schedule and acknowledge that these charges can be amended by ZEV co-op from time to time with or without notice. The Program will make reasonable attempts to inform Participants of any pending changes to these rates.
You warrant that you hold a valid credit or debit card that will be used for all payments to the Program. Or as an alternative, you warrant you have a financial sponsor that has provided written permission for you to use their valid credit or debit card that will be used for all payments to the Program. You hereby authorize ZEV co-op to electronically deduct all usage charges that you incur at the time of reservation using the designated credit or debit card, as well as any applicable Membership fees, access fees, toll or similar charges incurred while you are using a Program Vehicle, and other fees and penalties. The Program will provide you with an electronic receipt for each such transaction. Also, if you do not participate in the deductible Damage Pool, you are responsible for the insurance deductible up to $500 for damages in cases in which the insurance adjustment process has determined that you are wholly or partially responsible, and you are also responsible for all damages not covered by insurance. You authorize ZEV co-op to charge the card that you have placed on file with the Program for these costs.
You agree that the Program may assess you for any outstanding fees and/or charges that you incur, using your card on file, during the term of this Agreement and for up to 60 days following expiration or termination of this Agreement by either party. If there are insufficient funds to pay any amounts you owe, you are responsible for payment of fines as described in Program documents. ZEV co-op has the right to pursue legal action against you for any unpaid charges, fines, fees, and any costs that we incur in recovering these amounts from you.
ZEV co-op has the right to restrict your access to Program Vehicles if any usage charges, as well as any applicable Membership fees, access fees, toll or similar charges are not immediately paid when due.
Termination of your Participation by the Co-op
Any alcohol-related moving violation occurring during the term of your participation will result in a termination of participation.
ZEV co-op has the right to terminate your participation in the Program if any usage charges that you incur at the time of reservation, as well as any applicable Membership fees, access fees, toll or similar charges incurred while you are participating in the Program are not resolved within 14 calendar days of notice by ZEV co-op.
Cancelation of Participation by You
You may cancel your participation in the Program at any time by providing notice to ZEV co-op.
Use of Program Vehicles
If your application is accepted, the Program will, subject to all the terms and conditions in this Agreement, provide you with access to Program Vehicles, and pay for Program Vehicle-related expenses such as tires, insurance (excluding deductible), and repairs. The Program will insure the Program Vehicles under a comprehensive insurance policy, the details of which are available from the Program.
Under the terms of your Membership or other participation, you are the only person authorized to operate the Program Vehicles. In the case of Family Drivers and Group Drivers, each Participant separately agree to the Agreement.
You are expected to perform a visual inspection of the exterior and interior of the Program Vehicle prior to use and upon return of the vehicle, and it is your responsibility to ensure the vehicle is plugged in and charging at the conclusion of the rental. You must report any cosmetic, safety, and maintenance issues to the Program immediately through the ZEV co-op smartphone application. The Program will endeavor to ensure that the Program Vehicles are clean and well-maintained and will periodically inspect the Program Vehicles. However, the Program does not make any representations or warranties as to the fitness or condition of any vehicle.
You accept responsibility for incurring fees, including insurance deductibles in the event of an accident up to $500 and all damages not covered by insurance. While using the Program Vehicles, you are responsible for the maintenance and safety of the Program Vehicles. The Program will conduct routine maintenance of Program Vehicles and strive to keep vehicles in good working order. However, the Program is not responsible for defects (e.g. mechanical issues) incurred while a Participant is using a Program Vehicle.
You are responsible for ensuring the safe operation of any Program Vehicle that you drive. You agree that you will disclose to the Program at the time of occurrence or as soon as reasonably possible any property damage, accidents, moving violation citations, or other citation (including parking tickets) arising out of your operation of a Program Vehicle. You acknowledge responsibility for any such citations and agree to pay any fines arising from those citations. You agree to operate all Program Vehicles and accessories, as well as any of your equipment that you use in connection with operation of the Program Vehicles (including, without limitation, child seats, booster seats, etc.), strictly in accordance with manufacturer’s instructions, including those provided in the vehicle’s Owner’s Manual, and in compliance with all applicable laws, regulations, ordinances, and other legal requirements.
You agree that Program Vehicles shall be used only in connection with legal activities. You agree to abide by the terms of any agreement made by you and the Program from time to time governing the use of a particular vehicle (such as the ADA Vans).
You must secure the Program Vehicle against theft, vandalism or improper use by others, including closing all windows and moonroof, and ensuring all doors, windows, and the trunk are locked when you leave the Vehicle during a stop or at the end of your trip.
ZEV CO-OP IS NOT RESPONSIBLE FOR ANY LOST, DAMAGED OR STOLEN PERSONAL BELONGINGS LEFT IN OR ON A VEHICLE AT ANY TIME.
Disclaimer of Warranties
THE PROGRAM AND THE PROGRAM VEHICLES ARE PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEV CO-OP, ITS AFFILIATES, BUSINESS PARTNERS, CONTRACTORS, AND AGENTS MAKE NO WARRANTIES AND SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF FITNESS, AND MAKE NO REPRESENTATIONS, WITH RESPECT TO THE AVAILABILITY, PERFORMANCE, OR RELIABILITY OF THE PROGRAM VEHICLES, THE MOBILE APP, THE WEBSITE, OR ANY OTHER PROGRAM SERVICES.
To the fullest extent permitted by law, you hereby agree to indemnify, defend, and hold harmless ZEV co-op, its affiliates, business partners, directors, officers, employees, contractors, and agents (collectively, the “Indemnitees”) from and against any liabilities, actions, damages, demands, costs, and expenses (including reasonable attorneys’ fees) asserted against one or more Indemnitee by a third party (collectively, the “Liabilities”), arising out of your use of a Program Vehicle or other Program services and/or your breach of this Agreement, including any Liability related to personal injury, death, property damage, or other loss, except to the extent that any such Liability arises out of the Program’s gross negligence or willful misconduct.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made and performed in this state. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, and such provision is severed from this Agreement, the remaining provisions shall continue in full force and effect.
This Agreement, including the documents incorporated by reference, is intended by the parties as a final expression of their Agreement and a complete and exclusive statement of the terms thereof.
All provisions of this Agreement that by their terms require performance by one or both parties following expiration or termination of this Agreement shall survive such expiration or termination, including without limitation the Sections entitled “Disclaimer of Warranties”, “Your Indemnification”, “Other Terms”, and “WAIVER OF RIGHT TO SUE AND ZEV CO-OP LIABILITY/LIMITATION ON LIABILITY”.
Your signature below indicates your acceptance of the terms of this Agreement, acknowledges that all information provided to the Program in connection with your application is complete and correct, and authorizes ZEV co-op to investigate and check other information as ZEV co-op shall deem relevant to its evaluation of your application for your participation in the Program.
WAIVER OF RIGHT TO SUE AND ZEV CO-OP LIABILITY/LIMITATION ON LIABILITY
YOU WAIVE AND DISCHARGE, ON BEHALF OF YOURSELF AND YOUR HEIRS AND NEXT OF KIN, ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ZEV CO-OP, ITS AFFILIATES, BUSINESS PARTNERS, MEMBERS, EMPLOYEES, CONTRACTORS, BOARD OF DIRECTORS, OFFICERS, AGENTS, AND VOLUNTEERS (COLLECTIVELY, THE “ZEV PARTIES”) FOR ANY AND ALL CLAIMS, DEMANDS, DAMAGES, OR LOSSES ON ACCOUNT OF INJURY OR LOSS, INCLUDING DEATH, BODILY INJURY, OR DAMAGE TO PROPERTY AND WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) THE CONDITION OR FITNESS OF A VEHICLE, INCLUDING ANY MALFUNCTION OR DEFICIENCY, (2) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (3) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), OR (4) ANY ACTION OR INACTION OF A ZEV PARTY.
YOU AGREE THAT NO ZEV PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) THE PROGRAM, (2) INABILITY TO USE THE PROGRAM OR A PROGRAM VEHICLE, OR (3) THIS AGREEMENT.
Except for our obligations under this Agreement to pay amounts to applicable Participants, including under an applicable insurance policy, in no event will the ZEV Parties’ aggregate liability arising out of or in connection with this Agreement or your participation in the Program, exceed the greater of (1) the amounts you have paid or owe for participation in the Program in the twelve (12)-month period prior to the event giving rise to the liability, or (2) US$100.
THE ABOVE WAIVER AND LIMITATIONS OF LIABILITY PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZEV CO-OP AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.