Member User Agreement
Last Updated: March 2025
The following shall constitute the agreement between Chasers Designated Driving Services LLC. ("Chasers"), on the one hand, and the person identified below ("Member"), on the other, with regard to membership in Chasers' driving service (the "Service") on the following terms and conditions (the "Agreement"):
1. MEMBERSHIP
Member hereby subscribes to become a member of the Service. The Service consists of Chasers sending a driver or drivers (collectively, the "Driver") to pick up Member at a specified location and to drive Member and his/her guests to his/her home in Member's own car. If Member has guests in need of separate drop-off(s) at other locations, Driver shall drop them off as well, subject to his sole discretion, for an additional fee per location as described below (up to a maximum of guests/locations). Members will pay Chasers a monthly membership fee according to the membership package chosen. In addition, Member will pay the Driver a trip charge plus gratuity based on service provided and distance in the minimum amounts according to membership chosen each time the service is provided, and an additional $20 for each additional stop or drop-off location (for guests or member). All gratuities shall be provided to Driver in full at the time of pick-up (or charged to member's account). Member acknowledges that this agreement begins on the date signed or agreed to upon online sign up, and remains in effect for the term of one year (month to month) and that cancellation of this agreement requires a 30-day notice.
2. MEMBERSHIP PACKAGE
Members will choose a membership plan at the time of enrollment. The selected membership plan determines the monthly fee and the minimum trip charge applicable to the Member.
3. MEMBER WARRANTIES AND REPRESENTATIONS
Member hereby represents, warrants, agrees and authorizes that:
- • Member is the rightful owner, lessee or caretaker of the vehicle(s) ("Vehicle");
- • Driver is permitted to drive Member's Vehicle for the purposes set forth in this Agreement;
- • The vehicle will have sufficient fuel to reach all drop-off location(s);
- • Member shall pay Driver a minimum trip charge of Forty Dollars ($40) per use of the Service specific to their plan;
- • Member shall pay a Twenty Dollar ($20) fee for each additional drop-off of passengers at a separate location other than the Member's final trip destination regardless of distance;
- • 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 and any fees accrued;
- • Member shall pay a $40 cancellation fee for failure to show at pre-arranged pick-up point or cancel within 15 minutes of initial call. Failure to show will be determined if Member has not met Driver within 30 minutes of Driver arriving at location and/or making contact with Member;
- • If additional time is needed by Member, a Ten Dollar ($10) fee will be assessed for every 15 minutes to a maximum of $40 per hour waiting. Time will be counted after the first 30 minutes from the time Member called in request for Service. If there is no communication between Driver and Member, Driver will be automatically cancelled by Chasers after one hour;
- • 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;
- • Vehicle's registration, insurance, and license tags are current; and the vehicle is covered by a fully comprehensive insurance policy;
- • 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;
- • No contraband, substances or other items which are illegal for transport are concealed or within the Vehicle;
- • Chasers 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.
4. EMERGENCY CONTACT
Member hereby provides an emergency contact name and phone number at the time of enrollment. In the event that an emergency arises, Member authorizes Chasers and/or Driver to attempt to contact the person named.
5. RIGHT TO REFUSE SERVICE
Chasers 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 in Driver's sole discretion.
6. SERVICE SUBJECT TO AVAILABILITY
Chasers provides its Service subject to availability and assumes no liability should all Drivers be booked at the precise time when Service is requested.
7. RELEASES
Member hereby: (a) releases Chasers, 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 Chasers, 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.
8. LIMITATION ON DAMAGES
Without limiting the preceding paragraphs above, Chasers' and its Drivers' liability for failure to perform under this Agreement or for injury or damage will be limited to One Thousand Dollars ($1,000). In no event shall Chasers or its Drivers be liable for any special, consequential, exemplary, or punitive damages.
9. INDEMNIFICATION
Member shall indemnify, defend, and hold Chasers, 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.
10. ACCEPTANCE
Chasers will be deemed to have accepted this Agreement, without execution, upon the signing of this agreement by Member. The parties acknowledge and confirm that they have participated jointly in the review of this Agreement.
11. THIRD PARTY BENEFICIARY
Each Driver is hereby designated as a third-party beneficiary of this Agreement.
12. BINDING WAIVER
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.
13. SOPHISTICATION OF PARTIES
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 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.
14. MISCELLANEOUS
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 without regard to the conflict of law's 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 completing your membership enrollment online, you acknowledge that you have read, understood, and agree to be bound by this Member User Agreement in its entirety.