MY CHAUFFEUR
LIMOUSINE LIABILITY AGREEMENT
(TERMS &
CONDITIONS)
(ALL PASSENGER’S MUST SIGN OR
INITIAL BELOW)
Your
driver will have a copy of this form for all passengers to sign or initial. No
passenger can attend without initialing or signing.
MAIN POINTS TO THIS FORM:
·
DRINK ALCOHOL MODERATELY
AND RESPONSIBLY – My Chauffeur is Released & Forever Discharged from all
responsibility related to damages and/or injuries related to a wine tour guest
drinking and driving after the reservation.
·
Fines apply for
sickness on or in the vehicle or damages to the vehicle.
·
(14 PASS.
LIMO/PARTY BUS ONLY) – DO NOT STAND UP IN THE LIMO/PARTY BUS WHEN IT IS
MOVING.
·
You are entering
into this agreement voluntarily, and after careful consideration.
I HAVE READ AND AGREE TO THE
FOLLOWING TERMS AND CONDITIONS:
1.
THE CREDIT CARD HOLDER ACCEPTS FULL RESPONSIBILITY FOR CUSTOMER CAUSED
VEHICLE DAMAGE OR SPECIAL CLEANING, AND AUTHORIZES COMPANY TO CHARGE FOR THE
EXPENSES REGARDLESS AND IN ADDITION TO ANY PRIOR UNDERSTANDING AND AGREEMENTS.
2.
THE CREDIT CARD
HOLDER AGREES THAT ANY OF HIS / HER GUESTS ACTIVITIES OR BEHAVIOR DEEMED BY THE
CHAUFFEUR TO BE ILLEGAL OR PERILOUS WILL RESULT IN IMMEDIATE TERMINATION OF THE
JOB WITH NO REFUND.
3.
(14 PASS. LIMO/PARTY
BUS ONLY) - BUSES MAY START OR STOP SUDDENLY. DUE TO THE NATURE OF THE 9-16
PASSENGER LIMO BUS, AND THAT IT IS A BUS, DESIGNED TO ALLOW STANDING, ALL
PASSENGERS ARE AWARE AND DECLARE THAT THEY HAVE BEEN INSTRUCTED BY MY CHAUFFEUR
TO REMAIN SEATED AT ANY TIME THE VEHICLE IS IN MOTION.
4.
(14 PASS. LIMO/PARTY
BUS ONLY) - ALL PASSENGER’S MUST INITIAL THIS DOCUMENT THAT MY CHAUFFEUR
HAS INSTRUCTED THEM THAT DUE TO THE NATURE OF THE 9-16 PASSENGER LIMO BUS, AND
THAT IT IS A BUS, THAT ALLOWS STANDING, AND THAT ALCOHOLIC BEVERAGES ARE ALLOWED
ON BOARD, THAT EACH PASSENGER “RIDES AT THEIR OWN RISK”. MY CHAUFFEUR
WILL NOT BE RESPONSIBLE FOR ANY PASSENGER THAT INJURES HIS OR HERSELF IN ANY WAY
WHILE ABOARD THE VEHICLE OR DURING THE RENTAL PERIOD. MY CHAUFFEUR WILL
NOT BE RESPONSIBLE FOR INJURIES SUSTAINED TO ANY PASSENGER; OR INFLICTED BY
ANOTHER PASSENGER EITHER ACCIDENTALLY OR PURPOSEFULLY.
THEREFORE, PLEASE REMAIN SEATED WHILE THE BUS IS IN MOTION AND PLEASE DRINK
RESPONSIBLY.
5.
PICKUP/DROP-OFF LOCATIONS: Wine
tours involve drinking wine. Therefore; My Chauffeur recommends for safety
reasons that the pickup & drop-off locations be at a single residence, hotel or
multiple residences to eliminate the need for any persons to drive after a wine
tour. By signed contract, My Chauffeur holds no liability during or after a
wine tour for property damage, injury or death to any person resulting from a
wine tour guest who is drinking and driving. See INDEMNITY CLAUSE (#14) below.
If a reservation guest is too intoxicated to drive home after the reservation,
My Chauffeur will, on request, arrange for a driver or a taxi.
5.
THE RULE OF LAW (INTOXICATED
PERSONS): The safety of all is our #1 priority. My Chauffeur recognizes our
responsibility to encourage people to enjoy alcohol in moderation as part of a
positive lifestyle. At the same time, we don’t believe that general limitations
on production, sales and consumption are the most effective way to address the
problem of irresponsible drinking. We believe more specific, targeted actions
can achieve the best results. As a result:
o
'Hard alcohol' is DISCOURAGED
inside our vehicles. Prohibited if not all participants is not the legal
drinking ages (21 years).
o
Drinking wine or beer responsibly &
moderately is allowed inside our vehicles. Prohibited if not all participants is
not the legal drinking ages (21 years). It is also prohibited in the seat
immediately adjacent to the driver’s seat in all vehicles. Charges apply for
sickness on or inside the vehicle (see #8 below).
If any party member shows signs of excessive
intoxication as determined by the chauffeur; any of the following may occur:
1.
All alcohol will be removed from
the passenger compartment of the vehicle by the chauffeur.
2.
The tasting room/bar staff will be
notified by the chauffeur that this person may be excessively intoxicated.
3.
The rental agreement may be
terminated. If the termination of the rental agreement is instituted, no
refunds will be issued.
4.
If a reservation guest is too
intoxicated to drive home after the reservation, My Chauffeur will, on request,
arrange for a driver or a taxi. See INDEMNITY CLAUSE (#14) below.
If the reservation group in general has become
visibly intoxicated; our chauffeurs are required to return them to their
drop-off location. Once an establishment has refused service to a guest being
visibly intoxicated, or displaying rude or disruptive behavior, our chauffeurs
will not take the guests to any additional establishments. Our chauffeurs on a
best effort basis make sure that the guests they bring to an establishment are
neither obviously intoxicated nor disruptive. When advised by bar or winery
personnel that our guests are creating a problem, the chauffeur is required to
immediately remove the guests from the property. Oregon state law prohibits
serving a visibly intoxicated person any additional alcohol, even if they have a
designated driver.
6.
RELEASE and
INDEMNITY: If I am an adult
Participant and Purchaser of this contract, I hereby agree, for myself and on
behalf of all participants for whom I sign below, TO RELEASE AND FOREVER
DISCHARGE My Chauffeur Transportation Company and its affiliates’ respective
officers, agents, employees, contractors and principals (“Released Parties”) and
assigns from all manner of actions, causes of actions, debts, accounts, bonds,
contracts, claims and demands for or by reason of any damage, loss or injury to
person and property which has been or may be sustained as a consequence of the
following:
·
THE CLAIM OR DISPUTE
AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF
ENROLLMENT OR PARTICIPATION IN THE MY CHAUFFEUR TRANSPORTATION COMPANY AND
AFFILIATES VEHICLES TRANSPORTATION SERVICES.
·
THE CLAIM OR DISPUTE
AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF
ALCOHOL CONSUMPTION IN MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES
VEHICLES.
·
THE CLAIM OR DISPUTE
AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF
ALCOHOL CONSUMPTION DURING OR IMMEDIATELY AFTER MY CHAUFFEUR TRANSPORTATION
COMPANY AND AFFILIATES RENTAL PERIOD.
·
THE CLAIM OR DISPUTE
AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS NOT CAUSED BY MY
CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES NEGLIGENCE DURING OR IMMEDIATELY
AFTER MY CHAUFFEUR TRANSPORTATION COMPANY AND AFFILIATES RENTAL PERIOD.
·
THE CLAIM OR DISPUTE
AROSE AS A RESULT OF DAMAGES, INJURIES, DEATH OR ILLNESS CAUSED AS A RESULT OF
THE WINE BOTTLE OPENERS, BROKEN GLASSWARE AND BEVERAGE SERVICE OR THE USE OF
PICNIC LUNCHES & SUPPLIES SUPPLIED BY MY CHAUFFEUR TRANSPORTATION COMPANY AND
AFFILIATES AND ALL OTHER DAMAGES, INJURIES, DEATH OR ILLNESS DURING THE RENTAL
PERIOD NOT SPECIFICALLY COVERED HEREIN.
In addition, I agree TO INDEMNIFY
(that is, to secure against loss or damage; and to defend and satisfy by payment
or reimbursement, including costs and attorney fees) Released Parties from any
claim of loss, injury or death, brought by or on behalf of the Participants for
whom I sign or anyone else, arising out of or in any way related to a loss
suffered by me or any co-participant. These agreements of release and indemnity
include loss or damage caused or claimed to be caused in whole or in part by the
negligence of a Released Party, but not intentional wrongs or the gross
negligence of a Released Party.
For the above noted consideration
the undersigned further agrees not to make claim or take proceedings against any
other person or corporation which might claim contribution or indemnity under
the provisions of any statute or otherwise. In the event that any part of this
RELEASE and INDEMNITY AGREEMENT is declared unenforceable, the remaining
provisions shall remain in full force and effect.
IN THE EVENT THAT ANY PART OF THIS
CONTRACT IS DECLARED UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN
FULL FORCE AND EFFECT.
DAMAGES TO THE FOLLOWING WILL BE
PAID FOR IMMEDIATELY BY CHARGING THE FOLLOWING AMOUNTS TO THE CUSTOMER’S RENTAL
AGREEMENT:
APPLICABLE LAW: This
contract is issued in accordance with state and Federal laws and regulations.
This contract shall be deemed to have been made in the State of Oregon, and
performed at least in part therein, and the enforcement and interpretation of
this contract shall be subject to its laws and the applicable laws of the United
States of America. This agreement is entered into voluntarily, and after
careful consideration. Its terms cannot be supplemented or amended except
in writing. I understand and agree that it is binding, to the fullest extent
allowed by law, upon all persons signing below, their respective heirs,
executors, administrators, wards, minor children (whether or not they are
participants) and other family members. In the event that any part of this
contract is declared unenforceable, the remaining provisions shall remain in
full force and effect.
I DECLARE THAT I AM 21 YEARS OF AGE
OR OVER AND I SIGN WITH FULL AGREEMENT AND UNDERSTANDING OF THE TERMS AND
CONDITIONS HEREIN. I ALSO VERIFY THAT MY CHAUFFEUR HAS RECITED ITEMS #4
AND #5 ABOVE TO MY GUESTS.
PRINT RESERVATION NAME:
_____________________________________ DATE: ____________________
SERVICE PROVIDER: MY
CHAUFFEUR WINE TOURS DATE:
____________________
If a reservation guest is too intoxicated to
drive home after the reservation, My Chauffeur will, on request, arrange for a
driver or a taxi.
ALL PASSENGER’S
MUST SIGN OR INITIAL BELOW:
_______________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________
Your
driver will have a copy of this form for all passengers to sign or initial. No
passenger can attend without initialing or signing.
