This Passenger Waiver & Release of Liability ("Waiver") is a binding agreement between DDirect, a Georgia LLC with its principal place of business at 85 Old Mill Ct. Carrollton, Georgia ("Company"), and the individual accepting this Waiver electronically or in writing ("Passenger" or "you"). By tapping "I AGREE" or otherwise acknowledging acceptance within the DDirect mobile application or website (collectively, the "Platform"), Passenger agrees to the following terms on behalf of themself and any minors or guests who ride under Passenger's account.
1.1 The Platform is a technology marketplace that permits independent third-party drivers ("Drivers") to offer transportation services ("Driver Services") directly to passengers. DDirect is not a transportation carrier, does not employ Drivers, and does not supervise or control Driver Services.
2.1 Passenger understands that using Driver Services involves inherent risks including, without limitation, motor-vehicle collisions, personal injury, property damage, theft, assault, and exposure to adverse weather or road conditions.
2.2 Passenger voluntarily assumes all such risks, both known and unknown, arising from or related to use of the Platform and participation in any ride arranged through the Platform.
3.1 In consideration of being permitted to access the Platform, Passenger irrevocably releases, waives, and forever discharges Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and shareholders (collectively, "Released Parties") from any and all claims, demands, actions, losses, liabilities, damages, costs, or expenses of any kind ("Claims") arising out of or in any way connected to Driver Services, including those based on negligence, breach of contract, or statutory duty.
3.2 Passenger further covenants not to sue or participate in any suit against the Released Parties with respect to any Claim that Passenger has released herein.
Passenger shall defend, indemnify, and hold harmless the Released Parties from and against any Claims (including reasonable attorneys' fees) arising out of or related to: (a) Passenger's acts or omissions; (b) Passenger's breach of this Waiver or the DDirect Terms of Service; or (c) injury, loss, or damage caused by Passenger to Drivers, third parties, or property.
To the fullest extent permitted by law, the Released Parties' aggregate liability to Passenger for any Claim shall not exceed US $500. Released Parties shall not be liable for any indirect, punitive, special, exemplary, incidental, or consequential damages.
6.1 Any dispute arising from or related to this Waiver shall follow the mediation and arbitration procedures set forth in Section 7 of the DDirect Terms of Service, which are incorporated herein by reference.
6.2 Passenger and Company agree that any arbitration shall be conducted only on an individual basis and not as a class, collective, consolidated, or representative action.
Passenger must provide Company with written notice of any Claim within thirty (30) days of the event giving rise to the Claim, or such Claim shall be deemed irrevocably waived.
This Waiver shall be governed by the laws of the State of Georgia, USA (without regard to conflict-of-laws rules).
If any provision of this Waiver is held unlawful or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be substituted with a valid provision that most closely reflects the parties' original intent.
Passenger's electronic acceptance of this Waiver constitutes a legally binding signature under the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.) and any similar state laws. This Waiver binds Passenger and Passenger's heirs, executors, administrators, and assigns.
IF YOU DO NOT AGREE TO THIS WAIVER, DO NOT USE THE PLATFORM. By proceeding, you acknowledge that you have read, understood, and voluntarily accept all of the above terms.
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For questions about this Waiver, please contact us at [email protected]