Terms & Conditions

WAY AROUND, LLC USER AGREEMENT

DEFINITIONS

"User" is the lawful owner/lessee of the Vehicle who has signed this Agreement, including by electronic means.

"Driver" is the driver or drivers who operate the User's Vehicle for Transport. Driver is an independent contractor to WayAround, LLC ("WA").

"Ride Cost" is the identified price for Transport, as determined from time to time.

"Transport" is defined as the transportation of the User (and User's guest(s)) in User's Vehicle by the Driver; Transport ends when Driver delivers User and Vehicle to the address of the final location identified by User. Transport may be for "WayAround" services (one-way Transport for the User (and guest(s)) and Vehicle from a pick-up location to a drop-off location) or for "WayAround" services (scheduled Transport for the User (and guest(s)), contracted on an hourly basis, in the User's Vehicle)

"Vehicle" is the vehicle owned or leased by the User and used for Transport.

USER REPRESENTS AND WARRANTS THAT AS OF THIS DATE:

  1. User is the lawful owner/lessor of the Vehicle being used for Transport; the Vehicle's registration and license tags are and will remain current.
  2. User has fully comprehensive automobile insurance coverage on the Vehicle, and the insurance coverage meets the minimum requirements as provided by the laws of the State of Wisconsin.
  3. The automobile insurance coverage on the Vehicle names User as an insured party, provides coverage for User's invitee(s) while operating and present in the Vehicle during Transport, and provides that User's insurance will be primarily liable for any injuries or damages that may occur during the Transport. On this basis, User expressly understands and agrees that WA and Driver are relying upon and will be protected by User's insurance while Driver operates User's Vehicle.
  4. The Vehicle is in good repair, safe for operation, compliant with applicable laws, and has no unsafe defects or conditions.
  5. The Vehicle contains no guns, contraband, substances, or other items which are illegal or dangerous.

USER ACKNOWLEDGES AND AGREES THAT:

  1. This Agreement constitutes a contract between User and WA, in order for WA to secure Driver(s), as independent contractor(s), to operate Vehicle for the purposes of Transport.

READ CARFULLY - YOUR LEGAL RIGHTS ARE AFFECTED

  1. User releases WA, its managers, employees, agents, the Independent Contractor Driver(s) and/or THEIR INSURERS ("Released Parties") from any and all any damages, injuries, death, or other claims that may occur during Transport ("Claims"), and User waives right to initiate a lawsuit or other legal proceeding against the released Parties for Claims. USER agrees that the Released parties also shall have no responsibility for any claims relating to the period following transport.

  1. User agrees to indemnify, defend and hold the released parties harmless from and against any and all losses, liabilities, damages, fines, penalties, expenses, and attorneys' fees arising from services provided by WA - INCLUDING, WITHOUT LIMITATION, ARISING FROM WA'S AND DRIVER'S OWN NEGLIGENCE - AND from any breach of the representations and warranties or covenants contained in this Agreement
  1. WA is not a taxi, limousine, or public passenger service for hire, and User must have consented to these terms in order to engage WA for Transport.
  2. User shall pay WA the Ride Cost via electronic payment from User's credit card to WA, in addition to discretionary gratuity(ies) to Driver(s).
  3. By engaging WA for Transport services, including through use of the WA mobile app, User has invited WA and a Driver, as an independent contractor to WA, to operate User's Vehicle, subject to the terms of this Agreement.
  4. In addition to the Ride Cost, User shall pay any and all expenses and fees, including but not limited to: (i) fuel costs, if the amount of fuel in the Vehicle is insufficient, in Driver's sole discretion; (ii) towing or other emergency roadside expenses resulting from the mechanical failure of the Vehicle; (iii) parking fees; and (iv) any other fee, fine, or expense relating to the contents of the Vehicle, maintenance, inspection, registration, insurance, or any expenses whatsoever relating to operation of the Vehicle by Driver.
  5. User will obey all civil and criminal laws, including seat belt and open container laws, and will avoid unnecessary contact with Driver during Transport.
  6. Driver may refuse service to User based on facts or circumstances in Driver's sole discretion, including, without limitation, if User or User's guest(s) is/are (a) impaired to point of unconsciousness or risk to self, guests or Driver, or (b) armed, belligerent, violent or verbally or physically threatening, or, if (c) Vehicle is unsafe to drive, or (d) any other facts or circumstances relevant to Driver's safety, are identified, as determined in Driver's sole discretion.
  7. User hereby authorizes WA and/or Driver to seek emergency medical care in the event User is injured or becomes ill during Transport. User hereby authorizes WA and/or Driver to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency, and the Vehicle keys shall be retained by WA until such time as User or other person identified by User authorizes the release of the keys.
  8. In the event of an emergency, including, without limitation, any circumstance in which User is non-responsive to Driver, User authorizes WA and/or Driver to attempt contact with (a) any person(s) previously identified by User or (b) the local police/emergency response authorities, as determined by WA and/or Driver.
  9. User authorizes and consents to the disclosure and use of User's contact information (limited to User's name, mobile phone number and e-mail address) to and by WA and Driver for the sole purpose of WA's and Driver's contact with User for the provision of WA services or if required by law.
  10. During and after the term of this Agreement, WA's and Driver's liability under this Agreement is, and shall be, limited to $500, and neither WA nor the Driver(s) are, or will be, liable for special, consequential, exemplary or punitive damages.
  11. User authorizes WA to charge User's credit card on file $40 in the event User requests Transport but is a "no show" within a reasonable time after the Driver arrives to provide Transport, as determined by Driver.
  12. User may engage WA and/or Driver, as User's invitee, from time to time for Transport for reasons including the fact that WA Transport is a better alternative to User driving him or herself, including on the date of Transport.
  13. This Agreement will remain in effect, covering each occurrence of Transport, and is subject to cancellation by either party if notification is given in writing, provided, however, User's covenants and obligations under Sections 7 and 8 above shall survive the expiration or termination of this Agreement.