Member Agreement

General Understanding
 The applicant or member (hereafter “Member”) affirms that by downloading the FloShare mobile application (hereafter “App”) that they are agreeing to use of automobiles in the FloShare program, which are owned and insured by the California Vanpool Authority (hereafter “CalVans”) under the terms and conditions set forth in this membership agreement (hereafter “Agreement”), but that this Agreement does not confer ownership rights of any automobile to the Member. Member further affirms that a representative of Mobility Development Operations, LLC (doing business with respect to this program as “FloShare”) has provided an orientation explaining this Agreement.

Member is expected to perform a visual inspection of the exterior and interior of the automobile(s) prior to use and upon return of the vehicle. Any cosmetic, safety, and maintenance issues must be reported to FloShare immediately. Member accepts responsibility for incurring incidental fees, including insurance deductibles in the event of an accident up to $500 and damages not covered by insurance. FloShare will conduct routine maintenance of automobiles and strive to keep vehicles in good working order. However, FloShare is not responsible for defects (e.g. mechanical issues) incurred while a Member is using a FloShare automobile.

Member waives the right to sue Mobility Development Operations, LLC: its owners, administrators, agents, employees, members, affiliates, and volunteers; all of whom are released from any and all liability to the undersigned, his or her heirs, and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or part by the negligence of those “released” from liability. Member also acknowledges, by signing this Agreement, receipt of the Membership Handbook. FloShare will strive to provide Member with automobiles that are clean, reliable, and well maintained and will periodically inspect all automobiles. Member agrees to report immediately to FloShare any maintenance and/or safety problems Member observes or experiences in any FloShare vehicle. Accordingly, FloShare is a nonprofit organization that relies on the community and members to respect the car as if they owned it.

Eligibility
In order to qualify for initial and continuing participation in the FloShare program, Member understands and agrees that CalVans, its insurers and agents, may check member’s driving history. CalVans, its insurers and agents, regardless of whether Member’s application is approved, will retain the information solicited by FloShare in connection with the approval process. Approval of Member’s use of FloShare’s automobiles is entirely within the discretion of CalVans and approval can be withheld or revoked at any time and for any reason. Member warrants that he or she has held a valid New York driver license and/or a valid driver license from another state with a driving history of at least two (2) consecutive years. Member further warrants that he or she will notify FloShare promptly in the event that the license is revoked, suspended, or expired. Member eligibility will be conditioned on:

  • the number and type of moving violation citations that he or she has received and the number of automobile accidents in which Member has been involved during the past three (3) years.
  • Absence of any alcohol related moving violations within the past seven (7) years. Any alcohol related conviction precludes a Member from participating in Miocar.
  • The age of the member. Members under the age of 21 are not eligible to participate in FloShare. Use of the service for Members between the age of 21 and 25 will be determined on a case-by-case basis at the discretion of CalVans.

Member agrees to disclose, in writing, any accidents or alcohol related moving violations that occur during the term of membership. If it is found that a Member has been involved in such violations, Miocar holds the right to terminate any membership or applicant. Any alcohol related moving violation occurring during the term of membership will result in a terminated membership.

Payment
Member agrees and understands that authorized FloShare employees will check driving records and charge a one time $20 fee to Member to determine membership eligibility. Member acknowledges that this one time registration fee ($20) will not be reimbursed if Member is not accepted.

Member agrees to pay FloShare a membership fee and usage rates as listed on FloShare’s website, and acknowledges that these charges can be amended from time to time without notice to Member, for use of a FloShare automobile. FloShare will make reasonable attempt to inform members of any pending changes to these rates. Member will have the opportunity to cancel services without penalty within two weeks of date at which changes go into effect.

Member warrants that he or she holds a valid credit or debit card that will be used for all payments to FloShare. Member hereby authorizes FloShare to electronically deduct all usage charges incurred by Member at the time of reservation using the designated credit or debit card. In addition, Member authorizes FloShare to charge monthly membership dues as well as any penalties as outlined in the Membership Handbook, and a deductible up to $500 in repair costs for damages for which the insurance adjustment process has determined Member to be partly or wholly responsible.

Member agrees that FloShare 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 Document by either party. Member also agrees that he or she will notify FloShare immediately in the event that the credit or debit card used by Member under this Agreement is no longer valid. If bounced payments occur, Member is responsible for payment of fines as described in the Membership Handbook. FloShare holds the rights to pursue legal actions for any unpaid charges, fines, fees, and any fees to pursue these charges from Member.

Use of FloShare vehicles Member also agrees that he or she will disclose to FloShare at the time of occurrence or as soon as reasonably possible any property damage, accidents, moving violation citations, or other citation (including parking tickets) arising out of Member’s operation of a FloShare automobile. Member acknowledges responsibility for any such citations and agrees to pay any fines arising from said citations. Member agrees to operate all FloShare automobiles and accessories, as well as any equipment of Member’s that Member uses in connection with operation of the FloShare automobile (including, without limitation, child seats, booster seats, etc.), strictly in accordance with manufacturer’s instructions, including those provided in the automobile’s Owner’s Manual.

Member agrees that FloShare automobiles shall be used only in connection with legal activities. Member agrees to abide by the terms of any agreement made by Member and FloShare from time to time governing the use of a particular automobile.

Member agrees to return the automobile when due and in approximately the same condition of cleanliness as when first reserved. Member acknowledges that FloShare may assess fees and/or penalties in connection with failure to abide by these terms of use.

Other Terms
This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed in this 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.

This Agreement and the Membership Handbook provided by FloShare to Member are intended by the parties as a final expression of their Agreement and are a complete and exclusive statement of the terms thereof.

Member agrees that he/she has received sufficient explanation of the terms of this Agreement to enable Member to understand its terms and Member’s commitments and duties to FloShare hereunder.

Member‘s use of the FloShare program indicates Member’s acceptance of the terms of this Agreement and acknowledgement that all information provided to FloShare in connection with his or her application is complete and correct.

In reflection of the terms and conditions of this Agreement, FloShare agrees to provide Member with access to automobiles owned, leased or rented by FloShare, and FloShare will pay for automobile related expenses such as fuel, tires, maintenance and repairs, as described in the Membership Handbook. Member agrees to have read and understood the Membership Handbook, and acknowledges the ability for FloShare to make revisions to this Handbook.

If any condition of this Agreement is not enforceable, then those unenforceable terms will be changed in a manner consistent with laws and regulations that most closely relate to the intentions of the Member or its parties, and will not void other terms within this Agreement.

Further Member Acknowledgements:

Member recognizes that:

  • if FloShare accepts Member’s application, the terms of the application along with the terms of the FloShare Handbook and By-Laws immediately constitute a binding contract;
  • FloShare’s acceptance of membership application is subject to a successful check of Member’s driving records, and payment of the appropriate membership fees.
  • Member has received and read a copy of the FloShare Member Handbook. Member agrees to observe and be bound by both the Handbook including any amendments to either document. They form part of this contract. Member recognizes that FloShare may amend the Member Handbook at anytime.
  • if Member’s application is accepted, FloShare will, subject to all the terms and conditions in the Handbook and this application, provide Member with access to vehicles owned, leased or rented by it (“FloShare Vehicles”), and pay for FloShare Vehicle-related expenses such as tires, insurance, maintenance and repairs.
  • Miocar will endeavour to ensure that the Miocar Vehicles are clean and well-maintained, and will periodically inspect the Miocar Vehicles.
  • during the use of the Miocar Vehicles, members are responsible for the maintenance and safety of the Miocar Vehicles;
  • Miocar’s periodic inspection of its vehicles is supplementary to the inspection of vehicles by members, and that Miocar relies on its members for primary inspection of vehicles that they use;
  • the Member will be responsible for ensuring the safe condition of any Miocar Vehicle that Member drives; and
  • Miocar does not make any representations or warranties as to the fitness or condition of any Miocar Vehicle.
  • the Member Handbook states that they will be responsible for paying various fees, expenses, liens, fines and adhere to the prescribed time lines for their payment. Member agrees that this money will be a debt due and payable by Member to Miocar.
  • CalVans will ensure that the Miocar Vehicles are insured under a comprehensive insurance policy, the details of which are available from CalVans. Member waives any right Member has to sue or make claims against Miocar and its directors, officers, agents, employees or members for damages arising from the fitness or condition of a Miocar Vehicle, except in cases of gross negligence.
  • Member agrees to indemnify the Miocar directors, officers, agents or employees where it has incurred liability and expense as a result of a claim by a third party for damages arising out of my use of a Miocar vehicle unless Miocar’ gross negligence caused the damage.
  • Member waives any right Member has to sue or make claims against Miocar and its directors, officers, agents, employees or members for a vehicle not available at the time it was booked.
  • Member is not a representative, agent, or employee of Miocar except to the extent the Miocar Management and Staff may from time to time expressly designate Member as a representative, agent or employee.