As used in this Agreement, the following terms are defined as indicated below:
A. The Driver is a person who:
* Has signed this Agreement, and
* CALVANS has authorized as a Driver by signing this Agreement.
B. An Authorized Driver is a Driver, whom
1) has a valid driver’s license
2) has five years licensed driving experience
3) is at least twenty-five years of age with no more than two points
4) or is at least twenty-one years of age with no points
5) has successfully passed a required physical
6) has been approved, in writing, by CALVANS to operate vehicles provided by CALVANS
C. The Authorized Driver is not an agent, servant or employee of CALVANS. The Authorized Driver is an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
D. Any vehicle assigned by CALVANS under this Agreement is the property of CALVANS and this Agreement is a contract to permit use of the vehicle or vehicles only as provided herein.
Each of the parties makes certain representations and agrees to terms, conditions, actions and requirements as specified below for the respective parties.
A. Driver represents and agrees that he/she:
1. Will participate in CALVANS vanpool program as a driver and will use the van to pickup, transport
and deliver others to and from their residences and their places of employment.
2. Has an appropriate, valid driver’s license and Medical Certificate to operate the vanpool vehicle and further, will comply with any restrictions to such license.
3. Will immediately advise CALVANS in the event of
* Cancellation or lapse of driver’s license of Driver.
4. Will, when requested by CALVANS, be available to participate in a basic driver training/safety awareness orientation offered by CALVANS or a designated agent.
5. Shall not consent to the use of vanpool vehicle by anyone other than an Authorized Driver.
* Signer may be responsible for any damages resulting from unauthorized use of a CALVANS vehicle.
6. Will return the vehicle to CALVANS in the same condition, and with all the equipment and documents, as when delivered, except for ordinary wear and tear and damage which is the subject of a pending collision or comprehensive insurance claim; and agrees that, upon delivery and return of the vehicle, Driver and CALVANS, or their respective agents, shall inspect the vehicle and provide a jointly-signed report on its condition; and further agrees that damage to the vehicle, which damage is not attributable to a reported accident or collision/comprehensive claim supported by appropriate written reports, will be the sole responsibility of the Driver.
7. Is responsible for and will:
* Maintain a clean vehicle.
* Purchase gasoline for the vehicle using fuel card provided by CALVANS.
* Obtain CALVANS authorization prior to having any maintenance or repair performed.
8. Will use the vehicle for work trips only.
9. Will operate the vehicle per all applicable laws, ordinances, rules and regulations.
10. Will be solely responsible for any citations, and any resulting fees or expenses, incurred through the use or operation of the vehicle by Driver
11. Will notify CALVANS within three (3) days of issuance of any citation to Driver involving the operation of any
vehicle and will send to CALVANS, proof of the resolution of any citation involving a vehicle provided by CALVANS, within thirty (30) days of such resolution.
12. Will, in the case of accidents or other loss or damage to or involving the vehicle:
* Immediately report to CALVANS, or the designated agent of CALVANS, any accident involving bodily injury or property damages or, in the event CALVANS cannot be notified, reports to the Insurance Company per published accident procedure instructions.
* Complete and file with CALVANS, written accident reports within three (3) days of the accident or loss.
* Cooperate fully with CALVANS, its insurer and other agents or representative of CALVANS in all accident
investigations and/or settlements
* Be willing to complete a drug test following any accident.
13. Will comply with and consent to the following:
* Forward payments to CALVANS, per CALVANS instructions by the 15th day of the month. Payment shall be comprised of payments from each rider, in an amount equaling the monthly charge.
* To pay other charges which may be due to CALVANS, including but not limited to excess mileage charges,
late fees, or returned check charges.
1. Will provide a vehicle for the purpose of operating a vanpool and will render such other reasonable assistance as may be required for the functioning of the van.
2. Will provide vehicle licensing, vehicle registration and vehicle maintenance program.
3. Will, upon review and approval of original paid receipts, reimburse Driver for maintenance or repair expenses incurred, as provided for in the Agreement.
4. Will provide Driver a replacement vehicle for the period of time that the vehicle is inoperable
due to accident damage or mechanical failure.
5. Will be responsible for the cost of arranging to have that vehicle towed to the nearest authorized service facility when the vehicle is inoperable.
This insurance will not apply to 1) any obligation for which a Driver or any insurance carrier may be held liable under any workers’ compensation law or any similar law, rule or regulation, 2) any obligation assumed by Driver under any express or implied contract, 3) uninsured motorist protection, underinsured motorist protection, no-fault benefits or personal injury protection, except where required by law, and then only to the minimum financial responsibility required by applicable law, or 4) any liability of Driver, arising while the van is being operated or used during Unauthorized Use (as defined in II.C.1.)
6. Will assume the risk of loss of or damage to any vehicle supplied by CALVANS under this Agreement from collision or a peril insured against by standard comprehensive automobile physical damage insurance in excess of the deductible, except if such loss or damage occurs while the van is being used or operated during Unauthorized Use (as defined in II.C.1)
7. Will indemnify Driver against liability claims resulting from the operation of the vehicle, except during
Unauthorized Use (as defined in II.C.1), up to the policy limits stated in paragraph II.B.7
1. The operation of a vehicle by Driver, or with knowledge and consent of Driver, under any of the following conditions, hereinafter called UNAUTHORIZED USE, constitutes a material breach of this Agreement and CALVANSinsurance does not apply to any liability arising from such use. UNAUTHORIZED USE includes but is not limited to:
* USE OF THE VEHICLE BY ANYONE OTHER THAN AN AUTHORIZED DRIVER.
* Use of the vehicle by any person under the influence of narcotics or intoxicants.
* Driving in any race or speed test or contest.
* Use of the vehicle to propel any other vehicle.
* Driving, except in an emergency, upon other than paved public highways or paved or suitably graded private roads or driveways, or on bridges posted at three tons or less.
* Carrying passengers for hire.
* Use of the vehicle 1) without making a reasonable effort to ensure all occupants, including the Driver are wearing their seat belts, 2) by more passengers than there are seat belts, and 3) without requiring occupants to comply with applicable seat belt laws and child restraint laws.
* Transporting formal groups, such as church groups, scout troops, athletic teams, etc.
* Transportation of any property deemed hazardous by reason of being flammable, explosive, fissionable or corrosive; or any contraband material.
* Loading the vehicle beyond the manufacturer’s stated passenger and/or weight capacity.
* Upon leaving the vehicle, failing to remove all keys; failing to close and lock all doors and windows; and otherwise contributing to the vandalism or theft of the vehicle.
* Use of the vehicle when obtained on the basis of false or misleading information or representation.
* Use of the vehicle in the commission of a crime or illegal activity.
* Use of the vehicle by any person who, as a result of reckless misconduct, damages the vehicle or causes injury or property damage to others.
2. This Agreement shall be terminated by:
* Driver giving CALVANS thirty (30) days notice, in writing, unless waived, in writing, by CALVANS.
* CALVANS giving thirty (30) days notice, in writing, to Driver, without causes.
* CALVANS giving twenty-four (24) hours notice, in writing, to Driver for cause.
3. Upon the termination of this Agreement, the Driver will arrange for pick up of vehicle from a specific location or drop off vehicle at a CALVANS location shown below or another location designated by CALVANS and agreed to by Driver.
4. This Agreement may not be assigned.
5. CALVANS may request motor vehicle records for Driver as necessary and the insurance applies only to vehicles
supplied by CALVANS under this Agreement.
6. CALVANS shall not be responsible to Driver or others for any loss of income, inconvenience or other damages
sustained as a result of an interruption of services to be furnished by CALVANS.
7. It is expressly understood neither CALVANS nor its insurance company will be responsible for any person’s
lost, stolen, or damaged property in or from the vehicle.
8. This Agreement embodies the entire Agreement between the parties with respect to the transactions contemplated. There have been no agreements, representations or warranties between the parties hereto other than those set forth in this Agreement.
9. Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.
10. All notices and/or correspondence shall be addressed to CALVANS at the following address or to Driver at their home address.