St. Louis Designated Driver
FREE Member Agreement
This FREE Member Agreement (hereafter, “Agreement”) describes the terms and conditions applicable to your use of the services of St. Louis Designated Driver, LLC, a Missouri limited liability company (hereafter, “STLDD”). By clicking the “Yes, I Agree” button and completing the registration process, you (the “Member”) are agreeing to be bound by all of the terms and conditions as set forth in this FREE Member Agreement. STLDD is sometimes referred to herein as “we” and Members are sometimes referred to as “you”, “your”, and/or “yourself”.
- Use of Services. STLDD reserves the right to adjust, at any time, the fees for its services. Member understands that STLDD services are available on a first come first serve basis and may not be immediately available when a Member requires such service, unless booked in advance. In addition, Member understands that on occasion, due to the nature of the service, it may take longer than anticipated for STLDD drivers to get to Member’s location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances (traffic, weather, etc.). In such cases, a Member agrees to hold STLDD and its employees harmless for any situation or circumstances that may arise as a result of any such delay.
STLDD and its drivers reserve the right to refuse to provide service to a Member, or to any other person if, in the driver’s sole discretion, such service would be unsafe to the driver because: (a) Member or his/her guest is impaired to the point of unconsciousness; (b) Member or his/her guest is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the vehicle is unsafe to drive; and/or (d) any other facts or circumstances relevant to driver’s safety, as determined in driver’s sole discretion.
- Membership. Member has joined STLDD, a service which provides drivers to individuals who cannot or do not want to drive their personal motor vehicle. STLDD, in its sole discretion, agrees to provide the services of a designated driver to Member upon request of the Member. By using the services of STLDD, Member represents and warrants that Member has read and understood the terms and conditions set forth herein and agrees to be bound by said terms and conditions. It is expressly understood by Member that you shall not request and shall not be permitted to use the services of STLDD without first accepting the terms and conditions set forth in this Agreement and agreeing to be bound by said terms and conditions. Member understands and agrees that you shall be conclusively presumed to have read, understood and accepted the terms and conditions contained herein and have agreed to be bound by said terms and conditions, when Member uses the services of STLDD, regardless of whether Member has formally executed this FREE Member Agreement.
- Insurance Requirements. Member understands that STLDD drivers will not operate any motor vehicle that does not fully comply with all of the applicable laws of the state the vehicle is registered including, but not limited to, laws governing insurance, registration and safety equipment. Member warrants that by making a request to have a STLDD driver operate Member’s motor vehicle that said vehicle is lawfully within Member’s possession and control, and that said vehicle is in full compliance with all applicable laws of the state the vehicle is registered including, but not limited to, any laws governing insurance, registration and safety equipment. Member further warrants that Member and the vehicle in Member’s possession and control is covered by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements for the state the vehicle is registered and insures Member, the motor vehicle in Member’s possession and control and the STLDD driver. Member understands that in the event of an accident while Member’s motor vehicle is being operated by one of STLDD’s drivers, whether or not STLDD’s driver is at fault in such accident, Member’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. Member agrees to indemnify STLDD and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against STLDD and/or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages not paid for by Member’s insurance coverage or insurer.
- Assumption of Risk. Member is aware and acknowledges that the use of the services provided by STLDD involves an inherent risk of injury, death, and/or property damage to Member and/or Member’s guest(s). In addition to the inherent risks involved in the operation of an motor vehicle in the possession and control of Member on public and private roadways, Member acknowledges and is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of STLDD including, without limitation, the risk of negligent instruction or supervision. Member voluntarily agrees to assume all risks of injury, death, and property damage to Member and any and all passengers within the motor vehicle operated by STLDD, and Member waives any and all claims or actions that Member may have against STLDD and its members, managers, employees, agents, and drivers and/or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees.
- Release of Liability. Member hereby affirmatively releases STLDD and its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from any and all liability to Member and Member’s guests, principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement or to the services provided by the Released Parties, regardless of where the injury, death, or property damage occurs. This Release of Liability includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties.
- Member expressly understands and agrees that Member bears sole responsibility for any losses incurred as a result of entering into this Agreement and/or any loss related to this Agreement. Without limiting Sections 5 and 6 above, in no event shall STLDD have any liability under this Agreement, whether arising from contract, warranty, negligence, tort or otherwise.
- Knowing and Voluntary Execution. Member acknowledges that Member has carefully read this Agreement, understands its contents, and understands that this Agreement includes an assumption of the risk provision, a general release of the Released Parties’ and a release of liability for all acts and/or omissions by STLDD and its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees. Member further acknowledges that STLDD is materially relying on this waiver in its decision to allow Member to utilize the services of STLDD. Well-knowing of this general Release of Liability in favor of STLDD as set forth herein, Member voluntarily enters into this Agreement by any use of STLDD’s services.
- Indemnification by Member. Member agrees to indemnify, defend and hold harmless STLDD and its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (a) any and all services provided to Member by STLDD and its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (b) the breach of any of the representations and warranties of Member contained in this Agreement; and (c) the breach of any covenant or agreement of Member under the terms of this Agreement. The indemnification provision set forth in this paragraph applies to all Claims. If Member shall fail to promptly indemnify STLDD after written notice from STLDD, STLDD shall have the right to adjust, settle, litigate and take any other action STLDD deems necessary or desirable for the disposition of any such Claim, as determined by STLDD in its reasonable judgment. In any such event, Member shall reimburse STLDD on demand for all amounts paid or incurred by STLDD as a result thereof, including attorneys’ fees and costs. Non-payment of said amounts due and owing hereunder within 30 days after demand shall accrue interest at the rate of ½% per month accumulating per annum.
- Time for Claim. Notwithstanding any statute to the contrary, any claim arising from or relating to this Agreement (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises.
- Binding Arbitration. Any dispute between any of the parties to this Agreement or claim by a party against another party arising out of or in relation to this Agreement or in relation to any alleged breach of this Agreement shall be finally determined by arbitration. Arbitration means you waive your rights to a jury trial.
The arbitration proceedings shall take place in St. Louis, Missouri or such other location as the parties to this Agreement may agree upon; and such proceedings shall be governed by the laws of the State of Missouri as such laws are applied to Agreements between residents of such State entered into and to be performed entirely within such State. There shall be one arbitrator, as can be agreed upon by the parties in dispute, who shall be an individual skilled in the legal and/or business field. In the event the parties cannot agree upon the selection of an arbitrator, such an arbitrator shall be appointed by the then Manager of the United States Arbitration & Mediation Midwest (U.S.A. & M-Midwest) at the request of any of the parties in dispute. The decision rendered by the Arbitrator shall be accompanied by a written opinion in support thereof. Such decision shall be final and binding upon the parties in the dispute, without right of appeal. Judgment upon any such decision may be entered into in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision and an order of enforcement. STLDD will pay the initial costs of arbitration, subject to the Arbitrator being able to reassess costs of arbitration based on the final decision.
- Mediation. Before invoking the binding arbitration mechanism set forth in Section 11 of this Agreement, the parties may elect to first participate in mediation of any dispute arising under this Agreement. The Mediator shall be a retired judge or commissioner or an attorney with at least 5 years of relevant experience relating to the subject matter of the controversy and shall be held at U.S.A. & M-Midwest. The mediation shall take place in St. Louis, Missouri, at such time and place as Member and STLDD shall mutually agree. The cost of mediation shall be borne by the parties equally. At least 10 days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute will involve third parties, such as insurers or subcontractors, they shall also be asked to participate in the mediation. If the parties agree, the mediator may serve as the arbitrator. If a party has participated in the mediation and is dissatisfied with the outcome, that party may invoke the binding arbitration provision set for in Section 11 of this Agreement.
- Intoxication. Member acknowledges and agrees that at the time STLDD 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 STLDD.
- Refund Policy. Any payments made by the Member to STLDD are non-refundable. If Member cancels any payments to STLDD, Member will be responsible for any and all fees incurred by STLDD that arise from the cancellation of the payment.
- Cancellation Policy. Cancellations BEFORE (24) hours of the scheduled pickup time will result in no financial penalty. Cancellations WITHIN (24) hours, but prior to (3) hours of the scheduled pickup time, are subject to a cancellation charge of $25. Cancellations WITHIN (3) hours of the scheduled pickup time are subject to a cancellation charge of the full estimated trip cost. An invoice is emailed to the Member stating the cancellation. Any other future reservations scheduled by the Member will be void until cancellation charge is paid in full.
- Late Charge Policy. Member agrees to pay additional fees to STLDD if Member is late to scheduled pickup time. ($10 for every 5 minutes waited starting (15) minutes AFTER scheduled pickup time) STLDD will leave 30 minutes AFTER scheduled pickup time unless Member states otherwise. If no contact can be made or STLDD reaches maximum waiting period, Member is liable for service total plus additional late fees from waiting. Member will be emailed invoice, and any further reservations made will be void until prior bill is paid in full.
- Wait Charge Policy. Member agrees to pay additional fees to STLDD if Member requests STLDD to wait additional time, upon arriving to Member's pickup location, prolonging the departure from the originally scheduled pickup time. ($10 for every 5 minutes waited starting at time of originally scheduled pickup time) Upon approval by STLDD, Member will have wait fee added to the service total and is liable to pay new total, with wait fees applied, upon completion of the service.
- Amendments. STLDD may amend the terms and conditions of this Agreement at any time by posting the amended terms and conditions on this web site, in which case, such amended terms and conditions shall take effect with respect to existing Members ten (10) days following such posting. In addition thereto, STLDD may, in its sole discretion, e-mail all Members a notice of amended terms and conditions, in which case, such amended terms and conditions shall be effective on the date indicated in such notice. Any further payments or use of STLDD signifies Member’s acknowledgment and agreement to the terms of said amended Agreement.
- Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.
- Assignment. This Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of STLDD, which consent may be withheld in STLDD absolute discretion.
- Unenforceable Provisions. If any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of the Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
- Governing Law. This Agreement shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Missouri applicable to agreements made and to be performed entirely within such State, including all matters of enforcement, validity and performance.
- Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
- Entire Agreement. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between Member and STLDD and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement, nor is any party relying on any representations or warranties outside those expressly set forth in this Agreement.
This contract contains a binding arbitration provision which may be enforced by the parties.
© 2017 St. Louis Designated Driver