Terms and Conditions
All users of Sober Guys Designated Driver Service Ltd. (customers, clients, purchasers, service users, and partners) must agree to the following TERMS of SERVICE prior to any service being performed.
1. All service users hereby subscribe to become a user of the Designated Drivers of Sober Guys and or services. Sober Guys Designated Driver consists of Sober Guys sending a car and two drivers to pick you up at a designated location and to drive you to his or her home in your own vehicle with seat belts for you, guests and driver. The second driver will drive a second vehicle to follow the first driver. Sober Guys is not a taxi or limousine service.
2. Member or user(s) hereby represent(s) and warrants to Sober Guys and its Drivers that as of each date on which he or she requests Sober Guys Designated Drier Service:
Client is the rightful owner, lease holder or caretaker of the vehicle that is being transported.
The Vehicle’s registration insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy
The Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive;
No contraband, substance or other items which are illegal for public transport are concealed or within the Vehicle;
The Vehicle has sufficient fuel to reach the drop-off location.
3. Client agrees to or authorizes the following:
To allow Sober Guys Designated Driver Service’s driver to drive your Vehicle for the purposes set forth in this Agreement;
To obey all civil and criminal laws, including but not limited to seat belt and open container laws;
To pay a $25 cancellation / no show fee for failure to show at pre-aranged pick-up point or time. (Charge will be invoiced.)
To avoid all unnecessary physical contact with the Driver, before, during and after the pick-up, transport and drop-off;
To pay any expenses required to get your vehicle to its final destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicle’s fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees;
4. SGDDS (Sober Guys Designated Driver Service) and its Drivers reserve the right to refuse to provide Sober Guys Designated Driver Service to the client or to any other person if, in the Driver’s sole discretion, such service would be unsafe to the Driver because: (a) Member or such other person is impaired to the point of unconsciousness; (b) Member or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the Vehicle is unsafe to drive; or (d) any other facts or circumstances relevant to SGDDS’s Driver safety, as determined by SGDDS’s Driver’s sole discretion.
5. SGDDS provides its Designated Driver Service subject to availability and assumes no liability should all Drivers be booked at the precise time when service is requested.
6. Member or user acknowledges that in exchange for the privileges and peace of mind associated with the SGDDS, Member hereby: (a) releases SGDDS, its members, managers, employees, agents and Drivers from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Designated Driver Service; and (b) agrees not to initiate any legal proceedings against SGDDS, its members, managers, employees, agents or Drivers with respect to any such claims for damages, which Member is releasing. Member is aware that various risks are involved in the Designated Driver Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, Member wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.
7. Without limiting paragraph 5 and 6 above, SGDDS and its Drivers’ liability for failure to perform under this Agreement or for injury or damage will be limited to $250. In no event will SGDDS or its Drivers be liable for special, consequential, exemplary or punitive damages, even if advised of their possible existence.
8. Member(s) or user(s) will indemnify, defend and hold SGDDS, its members, employees, agents and Drivers harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses (including attorneys’ fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.
9. Member(s) or user(s) fully intend(s) and understands that the waiver of liability and hold harmless provisions of this agreement shall bind the Member’s family, heirs, assigns, or personal representatives.
10. Member(s) or user(s) acknowledges and agrees that at the time SGDD Service is requested, Member(s) may be intoxicated. Accordingly, Member(s) hereby affirms that this Agreement and the waivers and releases contained herein are binding on Member(s) and will continue to be binding, notwithstanding the fact that Member(s) may be intoxicated at the time he or she requests SGDD Services.
11. This Agreement is governed by the laws of the Province of British Columbia, without regard to conflicts of law principles.
12. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect.
13. SGDDS will be deemed to have accepted this Agreement, without execution, upon the acceptance of keys by customer.
14. Each Driver is hereby designated as a third-party beneficiary of this Agreement.