Buffalo CarShare Member Agreement
Updated Version April 23, 2015 General Understanding The UNDERSIGNED (hereafter Member) and BUFFALO CARSHARE (hereafter BCS) concurrently agree to the use of vehicles belonging to BCS under the terms and conditions set forth in this Agreement. This Agreement does not confer ownership rights of any BCS vehicle to the Member. Member waives the right to sue BCS, its directors, employees, board members, affiliates, and volunteers, and the Wellness Institute of Greater Buffalo & WNY, its directors, employees, board members, affiliates, and volunteers, all of whom are released from any and all liability to the undersigned, his or her heirs, and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or part by negligence of those “released” from liability. BCS will conduct routine maintenance of vehicles and strive to keep vehicles in good working order; however, BCS is not responsible for Member’s misuse of a BCS vehicle or defects (e.g. mechanical issues) incurred while Member is using a BCS vehicle. BCS will strive to provide Member with vehicles that are clean, reliable, and wellmaintained and will periodically inspect all vehicles. Accordingly, BCS is a nonprofit organization that relies on the community and members to respect the car as if they owned it. Eligibility Member understands and agrees that BCS, its insurers and agents, may check Member's credit, criminal, employment, and driving history. The information solicited by BCS in connection with the approval process will be retained by BCS, its insurers and agents, regardless of whether Member's application is approved. Approval of Member's use of BCS's vehicles is entirely within the discretion of BCS and approval can be withheld or revoked at any time and for any reason. Member warrants that he or she has held a valid driver license with a driving history of at least two (2) consecutive years. Member further warrants that he or she will notify BCS promptly in the event that the License is revoked, suspended, or expired. Member warrants that he or she has fully disclosed to BCS on the Membership Application Form the number of moving violation citations that he or she has received and the number of vehicle accidents in which Member has been involved within the past three (3) years. Member expressly warrants that he or she has not been involved in any alcoholrelated moving violations within the past seven (10) years. Member agrees to disclose, in writing, any accidents or alcoholrelated moving violations that occur during the term of membership. If found that Member has been involved in such violations, BCS holds the right to terminate any membership or applicant. Any alcoholrelated moving violation occurring during the term of membership will result in a terminated membership. Payment Member agrees and understands that authorized BCS employees will check driving records and charge Member a onetime, nonrefundable $20 fee to determine membership eligibility. Member agrees to pay BCS a membership fee and usage rates as listed on BCS’s website, and acknowledges that these charges may be amended from time to time without notice to Member. BCS will make reasonable attempt to inform members of any pending changes to these rates. Member will have the opportunity to cancel services without penalty within two weeks of date at which changes go into effect. Member warrants that he or she holds a valid credit or debit card that will be used for all payments to BCS. Member hereby authorizes BCS to electronically deduct all usage charges incurred by Member at the time of reservation using the designated credit or debit card. In addition, Member authorizes BCS to charge monthly membership dues as well as any penalties as outlined in the Membership Handbook. Member authorizes BCS to charge Member an insurance deductible in the event of an accident up to $500, in addition to any damages not covered by insurance. Member acknowledges that in the case an unauthorized driver (a nonmember or restricted member) is involved in an accident with a BCS vehicle in connection with Member’s account, Member is responsible for the full value of any damages caused to the BCS vehicle and/or thirdparty property in addition to a $500 fine regardless of purchase of $1 optional insurance. Member agrees that BCS may assess Member for any outstanding fees and/or charges incurred by Member, using Member's Payment Method, for up to 60 days following termination or cancellation of this Agreement by either party. Member also agrees that he or she will notify BCS immediately in the event that the credit or debit card used by Member under this Agreement is no longer valid. If bounced payments occur, Member is responsible for payment of fines as described in the Membership Handbook. Member agrees that he or she may be required to pay BCS a refundable security deposit if Member has a membership history that may present a higher risk to BCS. BCS holds the rights to pursue legal actions for any unpaid charges, fines, fees (and any fees to pursue these charges) from Member. Member agrees to abide by the terms of any additional agreement made by Member and BCS. Use of BCS vehicles Member is expected to perform a visual inspection of the exterior and interior of the vehicle(s) prior to use and upon return of the vehicle. Member agrees to report immediately to BCS any cosmetic, safety, and maintenance issues Member observes or experiences in any BCS vehicle. Member also agrees that he or she will disclose to BCS 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 Member's operation of a BCS vehicle. Member acknowledges responsibility for any such citations and agrees to pay any fines arising from said citations. Member agrees to operate all BCS vehicles, accessories, and wheelchair access devices, as well as any Member’s equipment that Member uses in connection with operation of the BCS vehicle (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. Member agrees that BCS vehicles shall be used only in connection with legal activities. Member agrees to return the vehicle when due and in approximately the same condition of cleanliness as when first reserved. Member acknowledges that fees and/or penalties may be assessed by BCS upon failure to abide by the terms in the Membership Handbook. Member acknowledges that BCS reserves the right to charge fees and/or penalties immediately. Insurance BCS will provide Member with automobile insurance that will provide coverage for collision, comprehensive damage and personal injury, to the limits described in the Membership Handbook, but no less than $50,000 in collision and comprehensive coverage per occurred event and $1,000,000 in bodily injury and damage liability. All damages and losses that are not covered by BCS insurance coverage is Member’s responsibility. Accordingly, members are responsible for the deductible up to $500 in the case which the insurance adjustment process has determined Member to be partly or wholly responsible. Any claims or damages that are not covered or claimed by BCS Insurance will be Member’s responsibility, including but are not limited to Member’s portion of the deductible. BCS reserves the right to make changes to insurance coverage, and will make reasonable attempt to inform Member of any pending changes to coverage or deductible in advance of these changes. Termination Member agrees to be bound by the terms of this contract for a minimum of three (3) months from the date of signing. Member reserves the right to terminate his or her status as a Member at any time beyond this point. BCS also reserves the right to terminate status of Member without cause, without advance notice and at any time. A terminated Member must pay all past due charges, account fees, balances, and damages. After termination, Member’s BCS key fob must be returned either by mail or in person to the BCS office within sixty (60) days of termination. Failure to comply will result in a $50 fine. Any refunds due to Member will be received when returns are in the possession of BCS. Friends & Family, Business, and Rider Program Membership Plan Member and BCS agree that any Drivers with whom Member shares an account meet the eligibility criteria required for membership. Member holding Friends & Family, Business, or Rider Program account hereby guarantees to BCS that he or she will pay, perform, and discharge when due: all fees and/or charges incurred by the Driver(s) under this agreement, and all duties and liabilities of Driver(s) that arise in connection with Driver(s)' possession, use and operation of BCS vehicles, accessories, or other BCS property. Member hereby waives any right, by statute or otherwise, to require BCS to exhaust its rights and remedies against Driver(s) prior to claiming payment or performance from Member, as Driver(s)' overdue payments and dues to BCS hereunder shall be considered to be overdue payments and dues of Member holding Friends & Family, Business, or Rider Program account. Other Terms This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed in this state. If any of the provisions hereof 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, and the Membership Handbook provided by BCS to Member in connection with Member's execution of this Agreement, are intended by the parties as a final expression of their Agreement and are a complete and exclusive statement of the terms thereof. Member agrees, by signing this Agreement, that he/she has received sufficient explanation of the terms of this Agreement to enable Member to understand its terms and Member's commitments and duties to BCS hereunder. Member‘s signature below indicates Member's acceptance of the terms of this Agreement, acknowledges that all information provided to BCS in connection with his or her application is complete and correct, and authorizes BCS to check other information as BCS shall deem relevant to its approval of Member's participation in the BCS program. In reflection of the terms and conditions of this Agreement, BCS agrees to provide Member with access to vehicles owned, leased or rented by BCS, and BCS will pay for vehiclerelated expenses such as fuel, tires, maintenance and repairs. By signing this Agreement, Member agrees to have read and understood the Membership Handbook, and acknowledges the ability for BCS to make revisions to this Handbook. If any condition of this Agreement is not enforceable, then those unenforceable terms will be changed in a manner consistent with laws and regulations that most closely relate to the intentions of the Member or its parties, and will not void other terms within this Agreement. _____________________________________ ___________________ Signed Date _____________________________________ Print Name