MEMBERSHIP AGREEMENT – Ev-Werx NETWORKS

General Understanding

By signing this membership agreement (hereafter “Agreement”), the signatory (hereafter “Member”) is hereby agreeing to the use of car sharing program(s) accessible through the EV-Werx Networks platform. The Member affirms that by downloading the EV-Werx Networks mobile application that they are agreeing to use of automobiles in one or more of the following program EV-Werx (hereafter “Program”), which are provided by Fresno Metro Black Chamber Foundation through the EV-Werx Networks user platform (hereafter “EV-Werx Networks”) under the terms and conditions set forth in this Agreement, but that this Agreement does not confer ownership rights of any automobile to the Member. Member further affirms that a representative of EV-Werx has provided guidance explaining this Agreement.

Member is expected to perform a visual inspection of the exterior and interior of the automobile prior to use and upon return of the vehicle, and it is the member’s responsibility to ensure the vehicle is plugged in and charging at the conclusion of the rental . Any cosmetic, safety, and maintenance issues must be reported to the Program immediately through the EV-Werx Networks smartphone application. 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. The Program will conduct routine maintenance of automobiles and strive to keep vehicles in good working order. However, the Program is not responsible for defects (eg mechanical issues) incurred while a Member is using a Program automobile.

Member waives the right to sue EV-Werx: 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. The Program 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 the Program any maintenance and/or safety problems Member observes or experiences in any Program vehicle.

Eligibility

In order to qualify for initial and continuing participation in the Program program, Member understands and agrees that the Program, its insurers and agents, may check member’s driving history. EV-Werx and its insurers and agents, regardless of whether Member’s application is approved, will retain the information requested for the Program in connection with the approval process. Approval of Member’s use of Program’s automobiles is entirely within the discretion of EV-Werx and approval can be withheld or revoked at any time and for any reason. Member warrants that he or she has held a

valid California 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 the Program 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 they have received and the number of automobile accidents in which Member has been involved during the past six (6) months.
• Absence of any alcohol related moving violations within the past year. Any alcohol related conviction precludes a Member from participating in the Program.
• The age of the member. Members under the age of 21 are not eligible to participate in the Program. 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 the Program.

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, EV-Werx 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 EV-Werx 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 the Program a membership fee and usage rates as listed on the Program’s website, and acknowledges that these charges can be amended from time to time without notice to Member, for use of a Program automobile. The Program will make a 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

the 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 the Program. Member hereby authorizes EV-Werx 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 the Program to charge rental fees as well as any penalties as outlined in the Membership Handbook. Also, a member is

responsible for 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 the Program 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. If bounced payments occur, Member is responsible for payment of purposes as described in the Membership Handbook. The Program holds the rights to pursue legal actions for

any unpaid charges, fines, fees, and any fees to pursue these charges from Member.

Use of Program Vehicles 

Member agrees that he or she will disclose to the Program 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 Program automobile. Member acknowledges responsibility for any such citations and agrees to pay any fines arising from said citations. Member agrees to operate all

Program automobiles and accessories, as well as any equipment of Member’s that Member uses in connection with operation of the Program 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 Program automobiles shall be used only in connection with legal activities. Member agrees to abide by the terms of any agreement made by Member and Program 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 the Program 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 constructed in accordance with the laws of the State of California 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 the Program to Member in connection with Member’s execution of this Agreement, 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, by signing this Agreement, 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 the Program hereunder.

Member’s signature below indicates Member’s acceptance of the terms of this Agreement, acknowledges that all information provided to the Program in connection with his or her application is complete and correct, and authorizes EV-Werx to check other information as EV-Werx shall deem relevant to its approval of Member’s participation in the Program.

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 Acknowledgments:

• if the Program accepts my application, the terms of the application along with the terms of the Program Handbook immediately constitute a binding contract;
• The Program’s acceptance of my membership application is subject to a successful check of my driving records, and my payment of the appropriate
• membership fees.
• Member has received and read a copy of the Program 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 the Program may amend the Member Handbook at any time with notice to Member.
• if Member’s application is accepted, the Program 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 (“Program Vehicles”), and pay for Program vehicle- related expenses such as tires, insurance, maintenance and repairs.
• The Program will endeavor to ensure that the Program Vehicles are clean and well-maintained, and will periodically inspect the Program Vehicles. However, the Program does not make any representations or warranties as to the fitness or condition of any Vehicle.
• during the use of the Program Vehicles, members are responsible for the maintenance and safety of the Program Vehicles;
• The Program’s periodic inspection of its vehicles is supplementary to the inspection of vehicles by members, and that the Program relies on its members for primary inspection of vehicles that they use;
• the Member will be responsible for ensuring the safe operation of any Program Vehicle that Member drives; and
• the Member Handbook states that the Member will be responsible for paying various rental fees, repairs, and/or fines and adhere to the prescribed time lines for their payment. Member authorizes EV-Werx to charge the card which the member has placed on file with the Program for these fees at the conclusion of each rental and, thereafter, at the time of assessment of said purposes. The Program will provide Member with an electronic receipt for each such transaction.
• The Program will ensure that the Vehicles are insured under a comprehensive Insurance policy, the details of which are available from the Program. Member waives any right Member has to sue or make claims against EV-Werx and its directors, officers, agents, employees or members for damages arising from the fitness or condition of a Program Vehicle, except in cases of gross negligence.
• Member agrees to indemnify EV-Werx 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 Program vehicle unless the Program’s gross negligence caused the damage.
• Member waives any right Member has to sue or make claims against both the Program and EV-Werx and their respective 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 the Program except to the extent the Program’s Management and Staff may from time to time expressly designate Member as a representative, agent or employee.