Last updated 6/13/2022
This HOURCAR Member Agreement (the “Agreement”) is between HOURCAR, a Minnesota nonprofit corporation, and the applicant for HOURCAR membership (the “Member”) who, by clicking “Sign Up” at the time of registration (the “Effective Date”), has indicated his/her wish to participate in the HOURCAR program.
HOURCAR operates both the HOURCAR service using vehicles marked “HOURCAR,” and the Evie Carshare service using vehicles marked “Evie Carshare.” HOURCAR and Evie Carshare vehicles are referred to hereafter collectively as “HOURCAR Vehicles.”
HOURCAR and Member agree that Member may use HOURCAR Vehicles on the terms and conditions set out in this HOURCAR Member Agreement (the “Agreement”), but that this Agreement does not confer any ownership rights on Member with regard to HOURCAR Vehicles, or any voting or nonvoting membership rights in HOURCAR, a Minnesota nonprofit corporation.
In consideration of the terms and conditions of this Agreement, HOURCAR agrees to provide Member with access to HOURCAR Vehicles. HOURCAR will pay for vehicle-related expenses such as fuel, tires, maintenance and repairs. HOURCAR will endeavor to provide Member with vehicles that are clean, reliable and well-maintained, and will periodically inspect all vehicles. Member agrees to report immediately to HOURCAR any maintenance and/or safety problems Member observes or experiences in any HOURCAR Vehicle.
HOURCAR will provide insurance coverage to Member while driving HOURCAR Vehicles. HOURCAR carries auto liability coverage on all HOURCAR Vehicles as required by Minnesota law. HOURCAR also carries commercial auto liability coverage with a combined single limit of one million dollars ($1,000,000) per accident for bodily injury and property damage liability. HOURCAR assumes no liability for personal property in or on HOURCAR Vehicles. HOURCAR expressly reserves the right to modify insurance coverage limits at any time without notice to Member.
In order to qualify for initial and continuing participation in the HOURCAR program, Member understands and agrees that HOURCAR, its insurers and agents, may check Member’s credit, criminal, employment and driving history. The information solicited by HOURCAR in connection with the approval process will be retained by HOURCAR, its insurers and agents, regardless of whether Member’s application is approved. Approval of Member’s use of HOURCAR Vehicles is wholly within the discretion of HOURCAR and approval can be withheld or revoked at any time and for any reason. HOURCAR reserves the right to recheck Member’s credit, criminal, employment and driving history as often as HOURCAR deems necessary in its sole discretion.
Member warrants that s/he has held a valid Minnesota drivers’ license and/or a valid drivers’ license from another state or country (the “License”) for at least one (1) year. Member further warrants that the License will be valid throughout the term of this Agreement, and that s/he will notify HOURCAR promptly if the License is revoked or suspended.
Member warrants that s/he has fully disclosed to HOURCAR on Membership Application Form any moving violation citations that s/he has received and any vehicle accidents in which Member has been involved during the past three (3) years. Member expressly warrants that s/he has not been involved in any alcohol or drug-related moving violations within the past seven (7) years.
Member warrants that s/he will disclose to HOURCAR within 5 business days any moving violation citation or other citation arising out of Member’s operation of a vehicle that s/he receives during the term of this Agreement, and any vehicle accidents in which Member is involved, along with the dates of any such incidents. Member expressly warrants that s/he will not be involved in any alcohol or drug-related moving violations during the term of this Agreement.
Member agrees to abide by the terms of the HOURCAR Member Handbook. In particular, Member agrees to:
a. Return HOURCAR Vehicles when due.
b. Pay HOURCAR all membership, usage and other fees and/or charges, including up to $1,000 in repair cost for damages to an HOURCAR Vehicle for which the insurance adjustment process has determined Member to be partly or wholly responsible (the “Damage Fee”), as set out on the HOURCAR website and the “HOURCAR Fees” found in the Member Handbook. Member expressly waives the right to contest the determination of the insurance adjustment process. Membership plans, charges and fees may be amended from time to time without notice to Member.
Member warrants that s/he holds a valid credit or debit card that will be used for all payments to HOURCAR, or has authorized an electronic funds transfer from Member’s bank account to HOURCAR’s bank account (the “Payment Method”). Member hereby authorizes HOURCAR to assess all fees incurred by Member, using Member’s Payment Method, including a Damage Fee of up to $1,000. Member understands that s/he can avoid the Damage Fee by joining a plan which includes a Damage Fee Waiver. Member agrees that HOURCAR may assess Member for any outstanding fees and/or charges incurred by Member, using Member’s Payment Method, for up to 60 days following termination or cancellation of this Agreement by either party. Member further warrants that s/he will notify HOURCAR immediately if the credit or debit card used by Member, or Member’s bank account used for electronic funds transfers under this Agreement, is no longer valid. Member understands and agrees that Member is liable to pay HOURCAR any fees and/or charges that are incurred during this Agreement, that Member’s failure to pay any fees and/or charges owing to HOURCAR during the term of this Agreement shall be grounds for termination of Member’s participation in the HOURCAR program, and that HOURCAR may pursue legal remedies to recover any unpaid fees and other charges, including attorneys’ fees, from Member. This Section 10 shall survive the termination of this Agreement for 60 days.
OTHER THAN AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER HOURCAR NOR ITS OFFICERS OR DIRECTORS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE VEHICLES, ACCESSORIES AND/OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT FOR ANY PURPOSE. ALL SUCH VEHICLES, ACCESSORIES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOURCAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE VEHICLES, ACCESSORIES AND SERVICES SUPPLIED PURSUANT TO THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. IN NO EVENT SHALL HOURCAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE VEHICLES AND ACCESSORIES PURSUANT TO THIS AGREEMENT, OR FOR ANY SERVICES OBTAINED THROUGH THIS AGREEMENT OR OTHERWISE ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HOURCAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Member agrees to operate all HOURCAR Vehicles and accessories, as well as any equipment of Member’s that Member uses in connection with operation of the HOURCAR Vehicle (including, without limitation, child seats, booster seats, etc.), strictly in accordance with manufacturer’s instructions, including those provided in HOURCAR Vehicles’ Owner’s Handbook. Member agrees that HOURCAR Vehicles shall be used only in connection with legal activities. Member agrees to indemnify and hold harmless HOURCAR and its officers, directors and employees from any and all claims or demands, whether known or unknown, including all claims for costs, expenses, and attorneys’ fees, arising out of any acts or omissions claimed by a third party to have occurred in connection with Member’s possession, use or operation of an HOURCAR Vehicle.
c. terminated immediately upon written notice by HOURCAR to the Member via email if Member
files or has filed against Member a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days after the filing of such petition; or
is convicted of any driving-related criminal offense;
d. terminated by HOURCAR without prior written notice to Member in the event that Member breaches the terms of this Agreement or the Member Handbook, or Member fails to pay when due any fees and/or charges that are due under this Agreement, or otherwise in HOURCAR’s sole discretion. Member acknowledges that Member’s participation in the HOURCAR program is “at will,” and that HOURCAR may terminate this Agreement at any time for no reason or any reason.
In the event of any of the above occurrences, Member shall remain liable to return any vehicle, keys, accessories or other property of HOURCAR and shall remain in Member’s possession as of the date of termination, and for any fees and/or charges that are outstanding as of the date of termination of this agreement.
15. This Agreement does not create a relationship of principal and agent or employer and employee, and under no circumstances shall any party to be considered as the agent or legal representative of any other party.
16. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to contracts made and performed in that state. If any of the provisions hereof is held by a court of competent jurisdiction to be contrary to law, and such provision is severed from this Agreement, the remaining provisions shall continue in full force and effect.
17. This Agreement is intended by the parties as a final expression of their agreement and are a complete and exclusive statement of the terms thereof.
18. Written notice to HOURCAR shall be considered sufficiently given under this Agreement if sent by first-class mail to:
HOURCAR: 755 Prior Ave N. Ste. 301D Saint Paul, MN 55104
or via email to: email@example.com
Written notice to Member shall be considered sufficiently given if sent to the email address provided by Member in Member’s account information. It is Member’s responsibility to ensure this address is correct and kept current, and HOURCAR assumes no liability for notice delivered to an incorrect email address.