Updated as of April 23, 2019
By accepting below, you (the “Renter”, “you”, “your”) are agreeing to be a party to this Flexdrive Rental Agreement for Lyft Drivers (this “Agreement” or “Rental Agreement”) with Flexdrive Services, LLC, a Delaware limited liability company ("we", “us” or "Flexdrive"). This Agreement is effective as of the date of your E-Signature, regardless of whether you use the Services (the “Effective Date”).
As used in this Agreement, “Lyft” means Lyft, Inc., a transportation network company for which Renter has been approved to use the Lyft network on an independent contractor basis, and “Lyft Rental Program” means the program through which Flexdrive shall provide vehicles for rent specifically to Lyft drivers (“Lyft Drivers”).
Pursuant to this Agreement, you and Flexdrive agree as follows:
1. REPRESENTATIONS ABOUT YOURSELF
A. All information provided by you in your personal profile as provided to Lyft is true and complete, and you consent to Lyft sharing that information with us to the extent necessary for us to verify your eligibility to rent vehicles from us and otherwise to perform the fleet management, rental and ancillary activities described herein. To the extent this information changes during the term of this Agreement, as defined in Section 10 below (including without limitation, if you receive, are convicted of or admit to any traffic or moving violations), you will promptly notify Lyft of the change. You acknowledge that your acceptance of the terms of this Rental Agreement does not bind Flexdrive as a party to this Agreement and that you are not a Renter for purposes of utilizing our Services until a notice of acceptance of this Agreement is delivered to you by Flexdrive.
B. As part of the application process to participate in the Lyft Rental Program, Flexdrive, Lyft and/or their licensed insurance carriers may order one or more consumer reports on you. A consumer report may contain information on driving records and criminal activity, among other things. In the event that participation in the Lyft Rental Program is denied to you based wholly or partly on information in a consumer report, you will be notified of this fact and given the name and address of the consumer reporting agency making the report. Flexdrive maintains the right to suspend and/or revoke eligibility to participate in the Lyft Rental Program at any time.
2. FLEXDRIVE SERVICES
Under the Lyft Rental Program, Flexdrive manages a fleet of vehicles and offers such vehicles for rent (each, a “Rental Car”) to Renters and enables Renters who are Lyft Drivers, in connection with the rental and use of such Rental Cars, to use the corresponding websites, mobile applications, online tools and features supplied by Lyft and/or Flexdrive for the rental usage and management by the Renters (provision of Rental Cars and such additional services are collectively, the “Services”). Renter acknowledges and agrees that (i) Flexdrive may not own all such Rental Cars, which may be provided by third parties subject to lease agreements (or, in certain states, loan agreements) with Flexdrive; (ii) Flexdrive provides its Renters the ability to rent Rental Cars for specified short term periods of up to the legal limit for rentals in the area where you rent; (iii) Flexdrive does not provide transportation services, and is not a transportation carrier; and (iv) while Flexdrive offers a method to connect drivers with suitable vehicles for their needs, it does not provide transportation services or act in any manner as a transportation carrier.
Any use of or access to the Services is subject to certain eligibility requirements, and the Services are not available to or authorized for use by any users previously removed as a Renter by Flexdrive or by any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, except as required by applicable law.
TO BE ELIGIBLE FOR AND TO MAINTAIN PARTICIPATION IN THE LYFT RENTAL PROGRAM, YOU MUST PASS AND MAINTAIN THE ELIGIBILITY REQUIREMENTS TO BE A LYFT DRIVER.
3. USE OF OUR SERVICES
Your use of a rented Rental Car as a Renter must at all times comply with all the terms of this Agreement, as updated from time to time, and all applicable local, state, national, and international laws, rules and regulations. Flexdrive reserves the right to modify the terms and conditions of this Agreement at any time, effective upon posting an updated version of the Agreement on our website: www.flexdrive.com. You are responsible for regularly reviewing this Agreement. Continued use of our Services after any such changes shall constitute your consent to such changes.
NATURE OF RENTAL; RENTAL PERIOD
(1) This is a contract for the rental of a Rental Car. The rental is made in connection with Renter’s participation in the Lyft Rental Program, which Renter acknowledges is intended primarily for the commercial purpose of serving as an independent contractor Lyft Driver. Renter does not have the right to sublease the Rental Car or assign any of his/her rights under this Agreement. The initial rental period for the Rental Car is 7 calendar days (i.e., one calendar week) (the “Initial Rental Period”). Unless you return the Rental Car on or before the date and time specified for return on the Rental Record (“Return Date”), the rental will automatically renew for additional 7-day periods, for a maximum of three (3) additional weeks beyond the Initial Rental Period (or such shorter period as mandated by applicable law) (together with the Initial Rental Period, the “Rental Period”); provided that: (a) you are in good standing and in compliance with your obligations under the Agreement, including the obligation to remain eligible for participation in the Lyft Rental Program; (b) Flexdrive may require Renter to return the Rental Car for inspection; and (c) the total Rental Period does not exceed the maximum duration specified in this Agreement. Renter acknowledges that taxes, fees, and other charges estimated during the Initial Rental Period may be subject to change during the remainder of the Rental Period or during subsequent Rental Periods. Renter must: (x) notify Flexdrive at the end of each Rental Period of the Rental Car's then-current mileage, and (y) exchange the Rental Car upon Flexdrive’s request. Renter acknowledges that Renter has no right to renewal of a rental and that Flexdrive may refuse to renew the Rental Period or permit Renter to rent again for any reason, including without limitation excessive mileage or wear and tear on the Rental Car or failure to pay charges. If a rental is not renewed, at the discretion of Flexdrive, regular late fees will apply, if a Rental Car is not returned at the end of the Rental Period. In addition, Flexdrive may demand that Renter return the Rental Car at any time during a Rental Period. To the extent permitted by law, Flexdrive may repossess the Rental Car at your expense without notice to you, if the Rental Car is abandoned or used in violation of law or this Agreement.
ONLY FOR RENTALS IN THE STATE OF MARYLAND: For any Rental Agreement signed in, and subject to the laws of, the state of Maryland, the Rental Period (including the initial 7-day period and any renewals) shall not exceed one hundred and twelve (112) days, meaning you must return your Rental Car on or before the 112th day after you sign your Rental Agreement.
(2) Reservation of a Rental Car through the Lyft reservation system does not guarantee a reservation on the selected vehicle or the selected class of vehicle.
(3) Security deposits or non-refundable starter fees may be required to rent Rental Cars in some markets and are assessed by Lyft at the time of the Renter's first rental. Security deposits are refundable after the return of a Rental Car, via the Lyft payment process in the next pay period following the return of a Rental Car, subject to vehicle condition and to payment by Renter of any other outstanding amounts due and payable under the Lyft Rental Program (e.g., tolls, violations, etc.). At the time of return of a Rental Car, the Renter will either have the remaining balance of the Security Deposit held and applied to the next Flexdrive rental or refunded via the Lyft payment process. Starter fees are payments made by Renters to participate in the Lyft Rental Program and are only refundable in the event the Renter never drives the Rental Car, returns the Rental Car prior to the expiration of the Initial Rental Period, or as otherwise stated by Lyft during the application process, provided that the starter fee may be used and applied to any outstanding amounts due and payable under the Lyft Rental Program.
(4) In New York, Flexdrive may offer Rental Cars that are licensed with the New York Taxi & Limousine Commission (“TLC”) (such Rental Cars may also be referred to herein as “TLC Rentals”) to you if you are an authorized TLC driver (“TLC Driver”). Provisions in this Agreement referring to Rental Cars shall be deemed to include TLC Rentals unless stated otherwise. Provisions in this Agreement related to drivers or Lyft Drivers shall be deemed to include TLC Drivers unless stated otherwise.
GENERAL OVERVIEW OF THE RULES
(1) Flexdrive connects drivers with Rental Cars available for rent. As such, we have a number of rules designed to ensure that our Rental Cars remain in good condition for the next driver. Accordingly, Renters should follow the guidelines below, as well as all other terms of this Agreement.
Report all damage: Before you drive away with your Rental Car, inspect your Rental Car inside and out. To report damage, a dirty Rental Car, or low fuel, inform the Lyft or Flexdrive representative before you take possession of the Rental Car. If the Rental Car sustains any damage during the Rental Period, inform your Lyft or Flexdrive representative as soon thereafter as reasonably practicable.
Keep all Rental Cars clean: Take personal belongings with you when you go and throw away or recycle any trash.
No smoking: Smoking is never permitted in a Rental Car, even with all the windows down or all the doors open. Smoking in a Rental Car is a violation of this Agreement.
Rental Car must be returned with the same level of fuel that it was originally rented with, otherwise the Renter may be charged a refueling fee.
Vehicles that are returned excessively dirty due to the presence of pets that are not service animals may be assessed an additional cleaning fee.
Drive as if it is your own car: While Flexdrive and/or Lyft maintain insurance on all Rental Cars available through the Services, to the extent permitted by law and subject to the other provisions of this Agreement, you will be responsible for all theft, uncovered damages, costs, and deductibles resulting from your use of the Rental Car and for all damages that result from a breach of this Agreement.
(2) Failure to comply with the provisions of this Agreement may cause a Renter to incur additional charges, fines and penalties, which you agree may be automatically deducted by Lyft from your Lyft Driver ride earnings or charged by Lyft to the credit card that may be kept on file by Lyft. The following fees will apply:
AMP : $50.00
EV Charge Card Replacement (Electric Vehicle Rentals Only) : $50.00
EV Charge Cord Replacement (Electric Vehicle Rentals Only) : $500.00
Excessive Pet Cleaning : $250.00
1/4 Tank of Gas Fill Up : $18.75
2/4 Tank of Gas Fill Up : $37.50
3/4 Tank of Gas Fill Up : $56.25
4/4 Tank of Gas Fill Up : $75.00
Key Fob Replacement : $300.00
Lost or Damaged Transponder : $50.00
Lyft Trade Dress : $10.00
Minor Damage : $500.00
Minor Excess Wear and Tear : $250.00
Minor Wear and Tear : $100.00
Phone Mount : $10.00
Recovery Fee : $500.00
Remote Unlock : $100.00
Smoke Removal : $300.00
Spare Tire Replacement : $200.00
Vehicle Cleaning : $50.00
Vehicle Detail : $150.00
(3) In the event Renter fails to satisfy and maintain satisfaction of the requirements under the Lyft Rental Program during the Rental Period, and therefore does not qualify as eligible to participate in the Lyft Rental Program with Flexdrive, Renter shall be charged the agreed upon rate for the Rental Car for the entire duration of the rental and will be required to return the Rental Car. In addition to the requirements stated throughout this Agreement, the following requirements apply, without limitation:
a. Completing a minimum number of paid rides on the Lyft Platform for each calendar week during the Rental Period. The number of rides required for this weekly minimum may vary by region.
b. Maintaining all necessary licenses, permits, authorizations or permissions to use the Rental Car to provide “for hire” transportation of passengers in the jurisdiction where Renter provides such services.
c. Complying with Lyft's terms of service (found at www.lyft.com/terms) and maintaining good standing on the Lyft platform at all times during the Rental Period; and
d. Complying with the terms of this Agreement.
PROHIBITED USES OF RENTAL CARS
(1) Any unreasonable, inappropriate or unlawful use of a Rental Car, as determined by Flexdrive in its sole discretion, may be deemed a breach of this Agreement. Without limiting the foregoing, Renters must always use Rental Cars in accordance with all traffic, motor vehicle, highway and other applicable laws and regulations. If you violate any laws, Flexdrive will report to the authorities information about you or the Rental Car as and to the extent required by applicable law. Without limiting the foregoing, the use of a Rental Car under the following conditions is prohibited:
o Any speed race or competition;
o For the purpose of towing, pushing, or propelling any trailer or any other vehicle;
o For moving furniture, household goods, or other general moving activities;
o For any commercial or business purposes other than serving as a Lyft Driver including, without limitation, for the purpose of transporting people or goods or providing transportation services through any entity other than Lyft. Any “for hire” transportation using Rental Cars other than transportation services provided on the Lyft platform is a violation of the Agreement. Notwithstanding the foregoing, this restriction shall not apply to TLC Drivers’ use of TLC Rentals, who may engage in other “for hire” transportation of passengers as permitted under applicable law.
o Any transportation services on the Lyft platform originating from locations outside of the "authorized territory" for Lyft operations as designated through the Lyft application.
o By any person who is under the influence of (i) alcohol; or, (ii) any drug or medication under the effects of which the Renter’s operation of a vehicle is impaired or the use of a vehicle is prohibited or not recommended;
o In the carrying out of any crime or for any other illegal activity or purpose;
o In an imprudent, negligent, or abusive manner or any other abnormal use of a vehicle;
o Driving or transporting a Rental Car from the US into Canada;
o Driving or transporting a Rental Car from the US into Mexico;
o Carrying a number of passengers that exceeds the designed seating capacity of the vehicle or baggage, cargo or other items that would cause the Rental Car to be overloaded or otherwise exceed its recommended weight capacity;
o Carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials;
o Driving while using a mobile communication device that may distract you from driving, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law; or
o Any other activity prohibited by law or public policy.
(2) Further, Renter agrees that Renter will not (and will not permit passengers or others to): (a) smoke cigarettes, cigars, pipes or other tobacco products in the Rental Car; (b) remove, tamper with or disable the tracking device or other hardware, software or electronics that are installed in the Rental Car; (c) perform repairs or maintenance services on the Rental Car or make any modifications to the Rental Car; (d) make any cosmetic changes to the Rental Car including, without limitation, painting, striping or window tinting; (e) replace the Rental Car’s wheels or other parts; or (f) damage or deface the Rental Car.
IF YOU HAVE A BREAKDOWN OR AN INCIDENT
(1) Flexdrive provides Renter with all necessary and required routine maintenance on all Rental Cars. However, Renters are responsible for helping maintain the driving safety and performance of the Rental Car. Renters must be responsive to all warning lights, chimes and other indicators and alerts.
(2) Rental Cars may require Roadside Assistance from time to time. Flexdrive provides Roadside Assistance support as part of the Service. If, however, a Renter's need for Roadside Assistance results from a breach of this Agreement, the Renter may be charged for the services provided.
(3) Atypical noises or driving feel, including but not limited to warning lamps, indicators, inappropriate or strange engine or other mechanical sounds, performance changes or unusual driving feel, must be reported to Lyft as soon as noted. Failure to report such irregularities during a Rental Period may result in the Renter's immediate suspension or termination of participation in the Lyft Rental Program, as well as the Renter being responsible for any damages resulting from the continued use of the Rental Car despite such irregularities to the extent permitted by law. Such damages are not covered by the insurance maintained by Flexdrive, Lyft, or otherwise through the Lyft Rental Program.
(4) You should report all breakdowns to the Lyft Rental Program’s Roadside Assistance line at (844) 400-1449 as soon as reasonably practicable. Accidents or similar incidents involving Rental Cars should be reported to Lyft immediately by calling Lyft’s Critical Response Line through the Lyft Driver app as well as calling 911.
(5) If a problem arises that prevents or limits the use of the Rental Car or that may compromise safety, you must notify Lyft and Flexdrive immediately and follow any communicated instructions from Lyft and/or Flexdrive.
(6) In case of an incident involving property damage or any third party, the Renter must take the following action:
o Contact law enforcement to file a police report as soon after the incident occurs as is reasonably practicable, and, if possible, provide law enforcement a jointly agreed-upon statement between you and the third party.
o Call Lyft’s Critical Response Line as soon after the incident occurs as is reasonably practicable to report the incident details, including:
a. Date, time, and place of incident;
b. The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent; if possible obtain a digital photo of the other driver’s insurance card);
c. The names, addresses, and driver's license numbers of the persons involved in the incident;
d The name, address, and driver's license number of the owner of the car (if he or she is not the driver);
e. The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
f. Circumstances of the incident; and
g. If one was completed, any police report will be required regardless of liability or fault.
(7) The Renter must provide to Lyft, Flexdrive, and any other claims adjustment service the findings of any report or any notice or other written communications relating to a claim or a lawsuit against Lyft, Flexdrive or any other claims adjustment service regarding any incident involving a Rental Car. Renter agrees to cooperate fully with Lyft, Flexdrive, and any other claims adjustment service in the investigation and defense of any such claim or lawsuit. A Renter's account and Lyft platform access may be suspended until the investigation has been concluded.
(8) The Renter will be responsible for the charges related to the theft, repair, recovery and loss of use of any Rental Car and all third party injuries and property damages resulting from any of the foregoing to the extent they are not covered by insurance and as permitted by applicable law. Estimates for any costs will be available to the Renter for review. To the extent permitted by law, the Renter will be responsible for all applicable damages and charges arising from the Renter's failure to comply with the terms of this Agreement. Insurance coverage included with the Renter’s Lyft Rental Program rental is set forth in Section 6, below.
(1) You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Rental Car. These include, but are not limited to, parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Renter's responsibility to pay the relevant authorities directly. Flexdrive and/or Lyft may impose a fee in connection with processing any such violations, as described above in Rental Fees. You must report such violations to Lyft as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). While there may be a lag between when the infraction occurs and when you are billed for it, you are still liable for the cost regardless of the delay.
(2) You must notify Lyft of any traffic violation notices found on a Rental Car at the time of pickup of the Rental Car. All unreported traffic violations will be the responsibility of a Renter if they occur during the time period during which such Renter is using or responsible for the Rental Car.
(3) Where a violation is incurred by a Renter and notice of the violation is sent directly to Flexdrive, Flexdrive will either pay the penalty/fee on behalf of the Renter and then add the penalty/fee to the Renter's account or Flexdrive may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee to the Renter and the Renter will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Flexdrive will always inform a Renter which one of these two courses of action it has taken and will endeavor to provide notice to Renters before it pays any penalties/fees attributable to them. Once paid by Flexdrive, it may not be possible for the Renter to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Flexdrive and will be at Flexdrive's absolute discretion. In the case of speeding notices, Flexdrive is obligated to pass on the offending Renter's details to the police, who will then contact the Renter directly.
(4) Renter is responsible for paying the charging authorities directly all tolls, including any fines for toll evasion, and other related fines, fees, and penalties assessed against Renter, Flexdrive or the Rental Car during the Rental Period. Renter should not rely on use of a toll transponder in the Rental Car (if any) in connection with Renter’s payment for tolls. In order to avoid a Processing Fee (as defined below) in connection with a toll, Renter must pay the toll in cash at the applicable toll plaza (where permitted) or Renter must make arrangements to pre-pay any applicable tolls, such as by contacting the toll operator and pre-paying online, by phone, or by mail. If Renter is provided a toll transponder and uses it to pay any tolls, the toll payments as well as any fees associated with the use or possession of the toll transponder will be charged to the payment card Renter uses in connection with this rental and Renter expressly authorizes such charges. If Flexdrive is notified that it may be responsible for payment of a toll or violation, Renter will pay Flexdrive or a processing firm of Flexdrive’s choosing (“Processor”) an administrative fee of up to $50 for each such notification (each, a “Processing Fee”) (such fee is a reasonable estimate of Flexdrive’s costs in administrating resolution for a Violation or engaging a Processor to do so). If Flexdrive or the Processor pays a toll or violation on Renter’s behalf even in connection with the use of a toll transponder in the Rental car (if any), Renter authorizes Flexdrive or the Processor to charge tolls or violations to the payment card Renter used in connection with this rental. As and to the extent necessary to enable Flexdrive to enforce its rights under this paragraph, Flexdrive may disclose Renter’s personal information to toll authorities and/or the Processor.
(5) Flexdrive reserves the right to terminate the Rental Agreement, making the Renter ineligible for participation in the Lyft Rental Program, with any Renter who incurs (a) any unpaid moving violations, (b) red light/disobeying traffic signal violations, (c) parking citations, (d) unpaid toll violation, (e) any at fault accident, or (f) refuses to sign a payment plan, to the extent permitted by law.
4. PERSONS PERMITTED TO USE RENTAL CARS
Only properly licensed, active Renters in good standing are allowed to drive Rental Cars, subject to applicable state laws. Renter understands and agrees that in states that require a rental company to inspect the driver’s license of a renter to validate that the license was issued to the renter, Renter will cooperate with Flexdrive by, as applicable, (a) physically presenting the driver’s license to Lyft and/or (b) transmitting true and actual photos of the driver’s license to Lyft via the Lyft app or other electronic means specified by Lyft or Flexdrive. To the extent permitted by applicable law, non-Renters are expressly prohibited from driving a Rental Car at any time. Further, to the extent permitted by applicable law, Renter may not permit any other individual to drive a Rental Car other than the specific Renter who has rented and been assigned to a specific Rental Car in compliance with this Agreement. Renter assumes liability for all damages, loss or injury to third parties arising from the use of the Rental Car by an unauthorized user, and, further, if Flexdrive is legally responsible for damages, loss or injury, then Renter agrees to defend and indemnify Flexdrive with respect to same to the extent permitted by applicable law. Notwithstanding the foregoing, if Renter is not able to drive or obtain a driver’s license due to a disability and is approved by Lyft to become a Lyft Driver, Renter may enroll to use the Services if Renter’s authorized driver (an “Authorized Driver”) is approved by Flexdrive to operate a Rental Car and such Authorized Driver agrees, by signing this Agreement, to operate each Rental Car pursuant to the terms of this Agreement.
5. REPAIR, MAINTENANCE AND ROADSIDE ASSISTANCE
If Renter is notified by Lyft and/or Flexdrive of the need for routine maintenance on the Rental Car that Renter then currently has under rental, Renter will take the vehicle to the locations specified by Lyft and/or Flexdrive, which in all instances will be a Flexdrive-approved maintenance provider. If Renter believes that a Rental Car requires unscheduled repair or maintenance, Renter will contact Lyft, which will notify Flexdrive, and Flexdrive will arrange for the performance of such repair or maintenance by a Flexdrive-approved provider. Under no circumstances shall Renter arrange for repair or maintenance without Lyft’s or Flexdrive’s prior written authorization. Flexdrive shall include in each Rental Car contact information for approved roadside assistance providers. If Renter requires roadside assistance, Renter will contact Flexdrive’s roadside assistance provider. Renter will not use an alternative roadside assistance provider without Flexdrive’s prior authorization.
6. INSURANCE AND RENTAL CAR DAMAGE
Sections A-C below apply to all Rental Cars except TLC Rentals, which are expressly addressed in Section D. Section E shall apply to all Rental Cars including TLC Rentals.
o “Period 0” is the period of time in which a Renter has taken possession of a Rental Car and does not have the Lyft Application in Driver Mode or is not otherwise in Period 1, 2 or 3.
o “Period 1” is the period of time in which a Renter has the Lyft Application running in Driver Mode but has not accepted any requests for transportation services from Lyft Passenger(s).
o “Period 2” is the period of time in which a Renter has the Lyft Application running in Driver Mode and has accepted a request for transportation services from Lyft Passenger(s) but does not have any Lyft Passengers occupying the Rental Car.
o “Period 3” is the period of time in which a Renter has the Lyft Application running in Driver Mode and has at least one Lyft Passenger occupying, entering or exiting the Rental Car.
For all Rental Cars except TLC Rentals, insurance maintained by Flexdrive shall apply during Period 0, and insurance maintained by Lyft shall apply during Periods 1, 2 & 3. “Driver Mode” means the state of the Lyft Application where it is running and logged in on a Renter’s Lyft Driver account and is available to receive requests for transportation services from Lyft passengers.
B. Insurance maintained by Flexdrive during Period 0 for all Rental Cars except TLC Rentals:
1. Liability Coverage: State required minimum financial responsibility limits and any other compulsory requirements applicable.
2. Physical Damage Coverage: Flexdrive’s insurance policy will provide coverage against physical damage to the Rental Car during Period 0. To the extent permitted by applicable law, such Physical Damage Coverage is subject to a $1,000 deductible per incident which shall be the sole responsibility of Renter; provided, however, if the cost of damages for any one incident is less than $1,000, the deductible shall equal the total cost of damages.
3. Uninsured/Underinsured Motorists Coverage: Coverage limits in accordance with local regulations and/or state laws.
C. Insurance maintained by Lyft during Periods 1, 2, and 3 for all Rental Cars except TLC Rentals:
1. During Period 1, Lyft’s insurance policies will provide the following:
a. Primary commercial auto liability insurance as set forth in the applicable city’s, state’s or region’s Transportation Network Company ordinances.
b. Auto Physical Damage providing coverage for damage to the Rental Car, subject to a $1,000 deductible per incident (as permitted by applicable law) which shall be the sole responsibility of Renter; provided, however, if the cost of damages for any one incident is less than $1,000, the deductible shall equal the total cost of damages.
2. During Periods 2 or 3, Lyft’s insurance policies will provide the following:
a. Primary commercial auto liability insurance with a minimum combined single limit of $1,000,000 per accident, including uninsured/underinsured motorist coverage limits in accordance with local regulations and/or state laws. (These limits shall apply to markets excluding Minnesota, Nevada, New Jersey, New York, North Carolina, and Rhode Island)
b. In MN, NV, NJ, NC and RI - primary commercial auto liability insurance with a minimum combined single limit of $1,500,000 per accident, including uninsured/underinsured motorist coverage with limits in accordance with local regulations and/or state laws.
c.Auto Physical Damage providing coverage for damage to the Rental Car, subject to a $1,000 deductible per incident (as permitted by applicable law), which shall be the sole responsibility of Renter; provided, however, if the cost of damages for any one incident is less than $1,000, the deductible shall equal the total cost of damages.
D. TLC Rentals
E. Items Not Covered by Flexdrive or Lyft Insurance Policies for any Rental Cars, including TLC Rentals:
(1) If the total amount of the injuries and/or third party property damage in an accident exceeds the applicable coverage limits, the Renter is responsible for any amount that exceeds the liability insurance included with the Lyft Rental Program rental. Renters engaging in prohibited uses of Rental Cars may not be covered by the insurance maintained by Flexdrive or Lyft and are subject to immediate revocation of eligibility to participate in the Lyft Rental Program and/or Lyft platform access.
(2) To the extent permitted by law, for any loss or damage to the Rental Car that occurs during the Renter’s rental, the Renter is responsible for the cost of the repairs or other damage amount outlined in the Renter fee schedule. This amount may vary. The insurance provided does not reduce or avoid the Renter’s obligations with respect to the Rental Car damage which occurs during the Renter’s rental.
(3) Questions or concerns about the insurance coverage included with the Lyft Rental Program should be referred to Lyft support at: http://lft.to/submit-request.
7. LIMITED LICENSE
Subject to the terms and conditions of this Agreement, upon your receipt of a notice of acceptance of this Agreement from Flexdrive, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for personal use, for your activities as a Lyft Driver, as expressly permitted by this Agreement, and as permitted by the features of the Services and applicable law. Flexdrive reserves all rights not expressly granted herein. In addition, Renter acknowledges that all Rental Cars contain onboard hardware and software for tracking and monitoring Rental Cars, and that Renter is granted only a limited, personal, non-transferrable, and non-exclusive license to such hardware and software only for the purposes authorized by their use of the Services. All title and ownership interest in and to any intellectual property contained in the Services is the property of Flexdrive or its licensors, with the exception of data obtained from the onboard hardware and software, which is the sole property of Lyft. Renter acknowledges that Flexdrive may aggregate anonymized data regarding the Lyft Rental Program and the activities of Renters for purposes of analyzing the use of and improving the Flexdrive technology platform, analyzing trend data for purposes of product development and program development and otherwise using the aggregated data for internal purposes.
A. GENERAL NOTICE AND RELEASE
The Rental Car may be equipped with global positioning satellite technology or another telematics system, and/or an event data recorder, which may be used in order to determine when the Rental Car can be safely deactivated through the use of the starter interrupt technology, as further described in Section 12 of this Agreement. Renter’s use of the Rental Car may be remotely monitored by or on behalf of Flexdrive through such systems to the extent permitted by applicable law. This remote monitoring may include collection of Rental Car data, such as: odometer, oil life, fuel level, tire pressure, battery state of charge, and diagnostic trouble codes. Renter has no expectation of privacy related to Renter’s use of the Rental Car. The Rental Car also may be equipped with devices that permit Renter to pair mobile devices that may download Renter’s personal contacts, communications, location or other digital data. Renter will delete all personal information from the Rental Car’s systems before returning it. By entering into this Agreement, you consent to the collection, use, monitoring and disclosure of Rental Car data, to the extent permitted by law, and agree that you will inform any and all Authorized Drivers and passengers of the terms of this section.
B. CONSENT TO COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION BY NAUTO, INC. (“NAUTO”)
(1) Collection of Information. The Rental Cars made available by Flexdrive as part of the Lyft Rental Program are equipped with a device manufactured by Nauto (the “Nauto Device”), that uses video camera and sensor technology to record safety events inside and outside of the Rental Car. This Renter Consent to Collection and Disclosure of Personal Information contained in Section 8 of the Agreement (the “Consent”) is intended to (a) inform you of the information collected by the Nauto Device and how such information is used by Flexdrive, Lyft and third parties, such as companies that provide insurance for the Rental Cars; and (b) obtain your consent for such collection and use. This Consent is in addition to the other consents provided within and terms of the Agreement that governs your participation in the Lyft Rental Program.
The Nauto Device may record or collect personal information about you and your fellow passengers, including your video image and the video images of your passengers, your behavior and the behavior of your passengers, and your Rental Car’s geographic location. We may also use the Nauto Device to apply facial recognition software on the facial images of drivers in order to create a profile, based on the driver’s facial features, (for example, the distance between the eyes, nose and ears, for a particular individual)(collectively, “Biometric Information”), to connect a driver in one particular photo or video to another photo or video. The Nauto Device may also collect other information about your trip, including your Rental Car’s speed, acceleration, braking, collision events, mileage, and relative proximity to other vehicles, area road signs and traffic signals, road conditions/hazards, traffic patterns/density, parking spaces, and license plate numbers of surrounding vehicles.
(4) Acknowledgment and Consent. You confirm that you have read and understand the information in this Section 8(B) regarding the processing of information by the Nauto Device to ensure the safety of drivers and to improve the quality of Flexdrive and the Lyft Rental Program’s operations. You consent to Flexdrive providing third party service providers (including Nauto) with your personal information in order to help Flexdrive to operate the Nauto Device in accordance with this form.
To the extent permitted by law, Renter will be responsible for the payment of any and all rental fees, taxes, damage fees, claims, penalties, fines, deductibles related to Rental Car damage (if permitted by applicable law), tolls (as described in greater detail below), other miscellaneous fees, or other amounts set forth in this Rental Agreement. Such payments will be collected from Renter by Lyft, and Lyft will forward such payments to Flexdrive. Flexdrive may coordinate with Lyft to deduct any such amounts Renter owes in connection with the rental of a Rental Car from the amounts Renter may earn while providing transportation services on the Lyft platform. In addition, Lyft may require Renter to provide a credit or other payment card (subject to applicable terms and conditions) in order to reserve or rent a Rental Car, that an authorization or hold amount may be placed on the card provided, and that Lyft may charge the amount owed to the payment card Renter provides at any time upon notice to Renter. Flexdrive has designated Lyft as its agent solely for the purpose of collecting these amounts on Flexdrive’s behalf. For this purpose, Renter authorizes Lyft to offset these amounts from other amounts Lyft owes Renter, and if such offset does not fully pay such amounts, to charge the remaining unpaid amount to the payment method Renter has authorized for Lyft’s use in connection with the Lyft platform, to the extent permitted by applicable law and upon notice to Renter. Certain amounts may be charged at or after the end of the Rental Period, such as fees for vehicle damage as may be identified during final inspection, or for unpaid tickets or tolls and associated administrative fees that are identified after the Rental Period, or otherwise, as provided in the Agreement. Renter must keep a valid payment method on file with Lyft to pay the above amounts. Notwithstanding the foregoing, if Renter fails to pay to Lyft any such fees or other amounts due and payable in accordance with this Agreement, Flexdrive is entitled to seek to collect such amounts directly from Renter, and Renter hereby agrees that Lyft is entitled to provide to Flexdrive (a) a copy of the Rental Agreement; (b) any executed Payment Plan Agreement; (c) Renter contact information; (d) any correspondence between Renter and Lyft or its agents that relates to the collection of such amounts; and (e) Renter’s payment information.
This Agreement shall be effective from the Effective Date, as noted to you in Flexdrive’s acceptance of your application, and shall remain in effect for one year, subject to automatic one year renewals, unless earlier terminated by either party as set forth below. During the term of the Agreement, each Renter will have the ability to rent Rental Cars for those periods set forth in Renter’s registration process.
11. SUSPENSION OR TERMINATION
Flexdrive may immediately suspend or terminate the use of its Service by any Renter for any reason, including for a violation of this Agreement. Termination of this Agreement will additionally terminate any Renter reservation then placed or in effect, and you will promptly follow Lyft’s instructions regarding the return of any Rental Car then in your possession. If your use of Services or any rental of a Rental Car is suspended by Flexdrive, we may, in our sole discretion, reinstate your eligibility for participation in the Lyft Rental Program following your cure of any such violation. Subject to each Rental being for a minimum of seven (7) days, Renter may schedule a return and/or terminate this Agreement at any time. After the initial seven (7) day rental, the Renter can return the Rental Car to the location from which the Renter rented it at any time during normal business hours and receive a pro-rated charge. Any voluntary termination of this Agreement or reduction in Rental Period by a Renter shall not result in reimbursement of any rental fees for any outstanding reservation or rental of a Rental Car.
12. REPOSSESSION AND RECOVERY OF RENTAL CARS; USE OF STARTER INTERRUPT TECHNOLOGY
To the extent permitted by applicable law, Flexdrive reserves the right to recover or repossess or to assist in the recovery and repossession of the Rental Cars, at any time, without notice, and at Renter’s expense if Renter violates this Agreement (including, but not limited to, by failing to pay all fees or other amounts due and payable in accordance with this Agreement or by failing to return the Rental Car at the end of the Rental Period) or upon termination of this Agreement. To the extent permitted by and in accordance with applicable law, Flexdrive may assist in the recovery or repossession of a Rental Car or may recover or repossess a Rental Car by remotely deactivating such Rental Car through the use of starter interrupt technology that is part of or attached to the Rental Car. Renter agrees to pay all costs, including, but not limited to, reasonable legal fees or attorneys’ fees, if any, associated with the repossession or recovery of any Rental Car pursuant to this Section 12. Renter hereby agrees to waive all claims for damages connected with the repossession or recovery of any Rental Car pursuant to this Section 12 and use of starter interrupt technology.
To the extent permitted by applicable law, Renter agrees to defend, indemnify and hold harmless Flexdrive and Lyft, and each of their respective subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Renter’s violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (ii) Renter’s violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) Renter’s violation of any applicable law, rule or regulation; and (iv) any claims or damages that arise as a result of Renter’s use of a Rental Car which are not covered by insurance provided for Renter by Flexdrive or is subject to fee schedule provided by Flexdrive.
14. NO WARRANTY
The Services are provided on an “as is” and “as available” basis. Rental and use of the Rental Car is at your own risk. To the maximum extent permitted by applicable law, Rental Cars are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non- infringement. No advice or information, whether oral or written, obtained by you from Flexdrive or through the Services will create any warranty not expressly stated herein, including with respect to driver or passenger safety. Without limiting the foregoing, Flexdrive, its subsidiaries, and its licensors do not warrant that the Services will meet your requirements; that the Services will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
15. LIMITATION OF LIABILITY
A. To the maximum extent permitted by applicable law, in no event shall Flexdrive, its affiliates, agents, directors, employees, contractors or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will Flexdrive be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. In no event shall Flexdrive, its affiliates, agents, directors, employees, contractors, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $1,000.00.
B. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Flexdrive has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights, which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Flexdrive and Lyft may provide any notices required to you hereunder at the email address (or, if you opt out of such delivery method, at the home address) indicated in your reservation request, and you shall update any such information promptly to the extent such information changes; provided that Flexdrive and Lyft shall have no liability for your failure to provide such updates and any notices delivered by Flexdrive to the address on file in our records shall be deemed effective when given. You may give notice to Flexdrive by sending any such notice to Flexdrive Services, LLC, Attn: Legal Department, 2002 Summit Blvd., Suite 750, Atlanta, GA 30319.
17. DISPUTES AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Georgia in the United States without regard to any conflict of law principles. This Agreement is a contract for services and not for the sale of goods. The UN Convention on the International Sale of Goods is excluded. No claim or action arising out of the transactions under this Agreement may be brought by you against Flexdrive more than one year after the cause of action has accrued. You, Flexdrive and Lyft specifically agree to waive the right to trial by jury.
This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations and other understandings, oral or written, of the parties. No alteration or modification of this Agreement shall be valid unless made in writing and signed by each party. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by the affected party hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled and apply to respective successors and rightful assignees.
19. ELECTRONIC DOCUMENT AND SIGNATURE
For contractual purposes, you: (a) consent to receive communications from Flexdrive in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that Flexdrive provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By clicking "Accept", you are signing this Agreement electronically, and such selection (your “E-Signature”) constitutes your legal signature, acceptance and agreement to the terms of the Flexdrive "Lyft Driver Rental Program" Agreement, as if this Agreement were actually signed by such Party in “print-on-paper” or “wet ink” writing. You also agree that no certification, authority, or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Flexdrive.
20. LOCATION SPECIFIC DISCLOSURES
Renter further acknowledges that Renter has received, read, understands and agrees to the following state-specific disclosures, notices, and terms and conditions if a Rental Car is rented in one of the jurisdictions listed below. Renter is advised to review the applicable paragraphs before renting or operating a Rental Car in the location(s) set forth below. These disclosures, notices, and terms and conditions may modify or replace, as applicable, Renter’s obligations set forth above. In the event of a direct conflict between any of the terms set forth above and this Location Specific Disclosures Section, the terms contained in this Location Specific Disclosures Section will govern.
Personal Information; Communications. Renter agrees that Flexdrive may disclose personally identifiable information about Renter and the Rental Car to applicable law enforcement agencies or to Flexdrive’s affiliates or third parties in connection with our enforcement of Flexdrive’s rights under this Agreement and for other legitimate business purposes. Pursuant to Section 1939.22 of the Cal. Civ. Code, Renter agrees that Flexdrive or an assignee may contact Renter by calling or sending text messages or emails to any email address or telephone number Renter provides to Lyft or Flexdrive, including wireless telephone numbers, which could result in additional charges to Renter. Renter represents that Renter is either the owner or primary user of the number(s) and email address renter provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. Renter may revoke Renter’s consent at any time by contacting Flexdrive in writing at the address set forth in the Corporate Identity section of the Agreement.
Failure to Return Vehicle. If the Rental Car is not returned within seventy-two (72) hours following the Return Date or extension of the Return Date, as permitted by this Agreement, Flexdrive may activate electronic surveillance technology, such as GPS vehicle tracking technology, to locate the Rental Car. Flexdrive will provide Renter with notice of activation of the electronic surveillance technology twenty-four (24) hours prior to such activation by telephone and electronically unless Renter has not provided a telephone number to Flexdrive or has not agreed to electronic communication pursuant to Section 1932.22 of the Cal. Civ. Code.
Renter acknowledges that electronic surveillance technology may be activated if the Rental Car is not returned within seventy-two (72) hours following the Return Date or extension of the Return Date, as permitted by this Agreement, in order to locate the Rental Car and in order to determine when the Rental Car can be safely deactivated through the use of the starter interrupt technology, as further described in Section 12 of this Agreement.
Responsibility for Damage or Loss. Renter is responsible for all damage to, or loss of, the Rental Car in connection with this rental caused by collision, regardless of the cause of such damage. Renter responsibility may include, to the extent permissible by law: (a) all physical and mechanical damage to the Rental Car measured as follows: (i) if Flexdrive determines that the Rental Car is a total loss, the total loss vehicle value of the Rental Car calculated in accordance with California Civil Code Section 1939.07, as amended from time to time, less salvage; (ii) if Flexdrive determines that the Rental Car is repairable: the actual cost of repair that Flexdrive incurs to repair the Rental Car or that Flexdrive would incur if Flexdrive chose to repair the Rental Car, all as calculated pursuant to California Civil Code Sections 1939.03, 1939.05, and 1939.07, as applicable, and as may be amended from time to time; (b) an administrative fee calculated pursuant to California Civil Code Sections 1939.03 and 1939.05, as amended from time to time; (c) Flexdrive’s actual charges for towing, storage, and impound; and (d) all costs associated with Flexdrive’s enforcement of this Agreement or collection of Fees, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. Renter is responsible for: (i) loss due to theft of the Rental Car and any damage caused by vandalism that occurs in connection with a theft if Renter fails to exercise ordinary care while in possession of the Rental Car, (ii) damage due to vandalism not associated with theft of the Rental Car up to a maximum of $500, and (iii) replacing missing Rental Car documents and keys.
Responsibility for Damage or Loss to the Vehicle. Renter is responsible for all physical and mechanical damage to or loss of the Rental Car, regardless of the cause of such damage or loss and whether or not Renter is at fault, up to the maximum amounts specified by law pursuant to 625 ILCS 5/6-305.2, as amended from time to time. Renter’s responsibility may include: (a) if the Rental Car has a manufacturer’s suggested retail price (“MSRP”) of $50,000.00 or less: (1) in the case of damage or loss, except for theft, the lesser of: (A) the actual and reasonable costs that Flexdrive incurred to repair the Rental Car or that Flexdrive would have incurred if the Rental Car had been repaired; or (B) the fair market value of the Rental Car immediately before the damage occurred, as determined in the customary market for the retail sale of the Rental Car; and (2) actual and reasonable costs incurred by loss due to theft of the Rental Car up to $2,000.00; provided, however, that if it is established that Renter failed to exercise ordinary care while in possession of the Rental Car or that Renter committed or aided and abetted the commission of the theft, then the damages shall be the actual and reasonable costs of the Rental Car up to its fair market value, as determined by the customary market for the sale of that vehicle; (b) if the Rental Car has an MSRP of more than $50,000.00: (1) in the case of damage or loss, except for theft, the lesser of: (A) the actual and reasonable costs that Flexdrive incurred to repair the Rental Car or that Flexdrive would have incurred if the Rental Car had been repaired; or (B) the fair market value of the Rental Car immediately before the damage occurred, as determined in the customary market for the retail sale of the Rental Car; and (2) the actual and reasonable costs incurred by loss due to theft of the Rental Car up to $40,000. For purposes of section (a) of this paragraph, for the period beginning June 1, 2018, the maximum recovery shall not exceed $18,500.00. Beginning June 1, 2019 and annually each June 1 thereafter, the maximum amount that may be recovered from Renter will be increased by $500.00 above the maximum recovery allowed immediately prior to June 1 of that year. For purposes of section (b) of this paragraph, on October 1, 2018, the maximum amount that may be recovered from Renter shall be $47,500, on October 1, 2019, the maximum amount shall be increased to $50,000, and on October 1, 2020 and on each October 1 thereafter, the maximum amount that may be recovered from Renter shall be increased by $1,000.00 above the prior year’s maximum recovery. Allowing anyone other than Renter to use the Rental Car is not an exercise of ordinary care, but a willful and reckless act that is a breach of this Agreement.
Responsibility for Damage or Loss to the Vehicle. Renter is responsible for: (a) all physical damage to the Rental Car that occurs during the time the Rental Car is under this Agreement that is unrelated to normal wear and tear (as defined in New York General Business Law Section 396-z, as amended from time to time); and (b) all mechanical damage to the Rental Car that is unrelated to normal wear and tear (as defined in New York General Business Law Section 396-z) or that could reasonably be expected from normal use of the Rental Car that occurs during the time the Rental Car is under this Agreement, in all cases up to the amounts permissible by law. Renter’s responsibility for such damage or loss will include: (x) the lesser of (both as calculated in accordance with New York General Business Law Section 396-z, as amended from time to time): (i) the actual and reasonable costs that Flexdrive incurs to repair the Rental Car or that Flexdrive would incur if we chose to repair the Rental Car, and (ii) the fair market value of the Rental Car immediately before the damage occurred, as determined in the applicable market for the retail sale of the Rental Car, less any net disposal proceeds; and (y) Flexdrive’s actual charges for towing, storage, and impound. Renter is responsible for loss due to theft of the Rental Car up to its fair market value, as determined by the applicable market for the retail sale of the Rental Car, if Renter fails to exercise ordinary care while in possession of the Rental Car or if Renter commits, aids or abets such theft. Allowing anyone other than Renter to use the Rental Car is not an exercise of ordinary care, but a willful and reckless act that is a breach of this Agreement.
Use of the starter interrupt technology. Prior to remotely deactivating a Rental Car through the use of starter interrupt technology, as further described in Section 12 of this Agreement, Flexdrive will send you a notice by registered or certified mail to your address on record with Flexdrive, giving notice that Flexdrive may activate the starter interrupt technology in ten (10) days in accordance with Section 12 of this Agreement.