These Driver Terms (the “Driver Terms”) are intended to supplement the Terms and apply to all Drivers authorized to use the KOTG Properties for the purpose of providing transportation services.
- Driver’s Obligations.
In consideration for authorization to use the Services to arrange Rides, Driver represents and agrees that they will comply with the following:
- Driver must be at least 23 years of age, have a valid driver’s license and all other required licenses, certifications, permits, approvals and authority to provide independent transportation services to third parties in all jurisdictions in which Driver operates. To ensure Driver’s compliance with all legal requirements, Driver must provide written copies of all such licenses, permits and other legal prerequisites prior to the date any Rides are performed. Thereafter, Driver must submit to KOTG current copies of such licenses, permits, etc., as they are renewed. To ensure all such permits and licenses remain current, KOTG shall, upon request, be entitled to review such licenses and permits from time to time.
- Driver must provide KOTG with proof of insurance in appropriate coverage amounts as described below.
- Driver must have maintain a clean driving record in accordance with KOTG’s internal safety standards and must not have been convicted of a with (i) no more than one (1) point during the prior 3 years, (ii) no DUIs, drug-related moving violations, or extreme violations (e.g., hit-and-run or vehicle-related felony) in the last 7 years. (e.g., hit-and-run, vehicle-related felonies), and no accidents in which they were deemed to have been at fault in the prior 3 years that have resulted in one (1) point on their driving record.
- Driver must have a clean criminal background and must have never been convicted of any of the following: a violent crime, a sexual offense, theft, property damage, a felony, a drug-related offense, child abuse, a misdemeanor, felony or other crime.
- Driver hereby consents to KOTG conducting a comprehensive background checks on an ongoing basis that may include fingerprinting, drug screening, verification of medical examinations, and/or a TB skin test, and will provide all necessary information to KOTG so that the checks can be timely and accurately completed. KOTG may deny Driver access to the Services based on the results of the checks to the extent permitted by applicable law. Driver may be required to bear the cost of such checks.
- Driver acknowledges they have fully read and accept these Terms. Drivers agree to adhere to the Terms, and all applicable laws and regulations governing the provision of transportation services in connection with any services provided.
- Driver may only use the vehicle(s) approved for use by KOTG (each an “Approved Vehicle”) for transporting children.
- Driver must own, lease, or have all other necessary rights, permits, licenses and certifications to lawfully operate the Approved Vehicle(s), and the Approved Vehicle(s) must be in good operating condition and meet industry appearance and safety standards and all applicable statutory and state department of motor vehicle requirements. All Approved Vehicles must be ASE certified. Driver must notify KOTG of any change or addition to the vehicle Driver intends to use to provide transportation services under these Driver Terms by submitting to KOTG photos, an updated description and vehicle registration and proof of certification for any previously unidentified vehicle. The purpose of this provision is to enable KOTG to determine whether Driver’s vehicle(s) meets industry standards and to comply with applicable law.
- Driver must not make any misrepresentation about KOTG or the services provided. Drivers may not affirmatively solicit riders for their own businesses, but are otherwise free to market their businesses as they see fit.
- Driver must transport a rider directly to the predetermined drop-off location selected by KOTG.
- For security and identification purposes and to ensure the rider is able to verify the Driver’s identity, Driver must wear the provided KOTG t-shirt or other KOTG branded apparel provided by KOTG for security purposes and display the KOTG trade-dress on their cars while picking up and transporting Riders. KOTG shall have no right to require Driver to display KOTG’s name, logo or colors on Driver’s vehicle(s) or to require that Driver wear a uniform or any other clothing displaying KOTG’s name, logo or colors, beyond what is necessary for security and identification purposes as expressly stated in these Terms or required by law. Nothing in these Terms shall limit Driver’s right to display Driver’s own business name, logo or colors on Driver’s vehicles or Driver’s apparel, to the extent doing so does not interfere with the foregoing contractual obligations.
- Driver must maintain a professional appearance consistent with industry standards while transporting Riders.
- In order to comply with safety regulations and KOTG’s internal safety standards:
Driver shall comply with KOTG’s zero-tolerance policy against illegal mobile device usage during rides.
Driver must immediately notify KOTG and the appropriate parent/guardian in the event of any delay or an emergency or other event that may threaten the health or safety of a rider. In the event that a rider has a health emergency during the ride, Driver must call 911 or drive the rider to the nearest hospital, as appropriate, and then contact KOTG.
Driver must have their current cell phone number listed on their account at all times and such cell phone must be fully charged during any ride. KOTG shall have the right to require the use of a phone mount in Driver’s vehicle
No adults over the age of 18, except for the Driver, shall be present in any Approved Vehicle(s) during a ride
Driver agrees not to discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
Driver shall comply with KOTG’s zero-tolerance policy against drug and alcohol use during Rides
Driver shall comply with KOTG’s zero-tolerance policy against physical contact between Drivers and Riders, except that a Driver may hold a rider’s hand to stabilize a rider who has mobility challenges or hold hands with a rider for safety reasons.
- During a ride, Driver will not interfere with the operation of the Application or disable the collection of location-based information from the Driver’s mobile device.
- Driver will be solely responsible for compliance with any applicable state, federal or local, laws, rules, regulations governing driving and the provision of transportation services, including with respect to any limitations on driving hours and any requirements governing the condition of motor vehicles.
- Failure to comply with the foregoing shall constitute a material breach of the Terms.
- Driver must participate in any required training provided by KOTG and may participate in such other optional training as KOTG may offer from time to time.
- Driver may be, or are, engaged in similar agreements with others. Nothing in these Terms shall preclude KOTG from doing business with other independent transportation service providers, nor preclude Driver from entering into contracts similar to these Terms with any peer-to-peer, ridesharing, or lead generation providers. KOTG neither has nor reserves the right to restrict Driver from performing other transportation services for any company, business or individual, or from being engaged in any other occupation or business. However, Driver shall not while these Driver Terms are in effect, use his/her relationship with KOTG (or the information gained from use of the Services) to divert or attempt to divert any riders from using the KOTG Properties to a company that provides services in competition with KOTG. For safety reasons, during any ride, Driver agrees not to run smartphone applications for other peer-to-peer, ridesharing or lead generation providers.
- Subject to the provisions of the Terms expressly set forth herein, Driver shall be solely responsible for determining how to perform the Rides arranged using the Services. Drivers agree to fully perform Rides in a timely, efficient and safe manner and in accordance with all rider specifications. The provisions of these Driver Terms reserving authority in KOTG have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof. Except as to those provisions, KOTG shall have no right to, and shall not, control the manner or prescribe the method, manner, or means Drivers use to complete Rides.
- Except as specifically set forth in these Driver Terms, Driver is solely responsible for all costs and expenses incident to Driver performing Rides under these Terms, including, but not limited to, costs of fuel, fuel taxes, wages, employment taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, equipment use fees and taxes, licensing, insurance coverage, unemployment insurance and workers’ compensation contributions, and any other tax, fine or fee imposed or assessed against the equipment or you by any state, local, or federal authority as a result of an action by Driver or Driver’s personnel in the performance of rides pursuant to these Terms. Failure to comply with the foregoing shall constitute a material breach of the Terms. In addition, Driver may be responsible for all costs and expenses relating to Driver failing to performing rides in accordance with the ride description.
- Driver is not required to purchase, lease or rent any products, equipment or services from KOTG, other than the apparel described in Section 11. of these Driver Terms, as a condition of entering into these Driver Terms.
- KOTG reserves the right to refuse any potential Driver or to suspend or terminate Driver’s eligibility to perform rides at any time, for any reason or no reason, including, without limitation, for any breach of the Terms, including these Driver Terms.
Driver shall be compensated the agreed wages on a weekly basis. No advance payments will be accommodated.
- Drivers must possess and maintain insurance in all types of coverage and amounts required by applicable law to provide the transportation services described in these Terms.
- Driver must have a valid policy of liability insurance (in coverage amounts equal to or greater than all applicable legal requirements) covering the operation of the Approved Vehicle(s) to cover any anticipated losses related to such Driver’s provision of Rides to Riders. Driver must provide proof of insurance to KOTG before participating in the Services and at any time upon request.
- Driver must be named or scheduled on their personal insurance policy covering the Approved Vehicle(s), and must also name any of their personnel that are authorized to use the Services.
- KOTG shall maintain all insurance it is required by law to maintain in connection with the Rides arranged using the Services.
- Driver shall be required to maintain appropriate industrial injury insurance to the extent required by law. If permitted by applicable law, Driver may choose to insure Driver and any personnel against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance.
- Failure to comply with these insurance requirements shall constitute a material breach of the Terms.
Permission to Use Driver Photos
KOTG may, or may have a third party photographer contracted by HopSkipDrive, take photographs of Drivers, or may require that you provide a photo of yourself (collectively, “Driver Photos”). You hereby grant KOTG all applicable rights, consents and permissions to photograph you or to have a third party service photographer photograph you and to use, reproduce, distribute, publicly display, and publicly perform your name and your image and likeness in any Driver Photo of you, in connection with the operation, advertisement or promotion of the Services, without any compensation for, or obligation to pay, you. Such rights, consents and permissions will survive any termination or expiration of these Driver Terms. KOTG owns all right, title and interest in all Driver Photos and may use such Driver Photos in any manner in which it sees fit in connection with the Services.