This Agreement is between (1) the volunteer driver or registered rider, whose signature appears
above, and (2) Laudan LLC, DBA FedVan. This agreement shall become effective on the date it is
received by FedVan.
As used in this Agreement, the following terms are defined as indicated below :
A. The Driver is a person who has been approved, by FedVan as a Driver and has signed this Agreement.
B. The Drivers are vanpool participants who volunteered to be approved Drivers and each :
1. has and maintains a valid driver's license,
2. has a minimum of five years current and uninterrupted licensed driving experience,
3. has and maintains valid automobile insurance as required by Nevada State Law,
4. has and maintains a driving record acceptable to FedVan.
C. The Driver volunteered to be a vanpool driver and has not been designated by a group or
company as a driver. The Driver is an independent party participating, with others, in a voluntary,
not for profit, ridesharing arrangement.
D. Any vehicle assigned by FedVan under this Agreement is the property of FedVan
and this agreement is a contract to permit use of the vehicle only by a volunteer Driver.
Each of the parties(drivers/riders and FedVan) makes certain representations and agrees to terms,
conditions, actions and requirements as specified below:
A. Driver represents and agrees that he/she:
1. Will participate in a FedVan commuter vanpool as a volunteer driver and will
use the vehicle to pick up, transport and deliver other vanpool participants to and from an agreed
upon location to their places of employment, and further agrees use of the vehicle for the
purposes permitted under this Agreement will not be construed as "driving for hire or being
engaged in transportation as a business."
2. Has an appropriate, valid driver's license to operate the vanpool vehicle and will comply with
any restrictions to such license. You agree that we have the right to verify that your license has
been validly issued and is in good standing; and that we may refuse to rent to you if your license
has been suspended, revoked or otherwise restricted in any way. We reserve the right to deny
rentals based upon information provided by the Motor Vehicle Department of the jurisdiction that
issued your license.
3. Will immediately advise FedVan in the event of:
a. Cancellation, lapse or change of the license of Driver.
b. Termination of Driver's principal employment.
4. Shall not consent to or allow the use of the vehicle by anyone other than another volunteer Driver.
5. Will return the vehicle to FedVan in the same condition, and with all the
equipment and documents, as when delivered. Damage, that is not attributable to a reported accident
or collision/comprehensive claim supported by appropriate written reports, will be the sole
responsibility of Driver. Driver is not responsible for ordinary wear and tear or damage which is
the subject of a pending collision or comprehensive insurance claim.
6. Volunteer Driver is responsible for:
a. Purchase gasoline for the vehicle at major name-brand service stations (with provided credit
b. Cleaning the front windshield of the van each time gas is added to the van.
c. Check and adjust all tire pressures to conform to manufacturer's specifications particular to
the vehicle (as found on the placard or sticker attached to the driver door post, driver door edge,
fuel door or glove box).
7. Will not use the vehicle for personal use.
8. Will operate the vehicle in accordance with all applicable laws, ordinances, rules and
9. Will be solely responsible for any violation, fee or any other cost related to a violation
resulting from the use or operation of the vehicle.
10. Will notify FedVan within 24 hours of any moving violation by Driver involving the operation of
any vehicle and will send to FedVan, proof of the resolution of any violation involving a vehicle
provided by FedVan, within thirty (30) days of such resolution.
11. Will, in the case of any incident or accident or any other loss or damage to or involving the
a. Immediately notify and provide information to FedVan or the designated agent of FedVan,
regarding any incident or accident involving bodily injury or property damage or, in the event
FedVan cannot be notified, report to your personal Insurance Company in accordance with published
accident reporting instructions. If the van is lost or damaged as a direct or indirect result
of a violation of paragraph II.A.1, you are responsible; and you will pay us for all loss of
or damage to the van regardless of cause, or who, or what caused it. If the van is damaged,
you will pay our estimated repair cost. Where permitted by law, you authorize us to charge you
for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors,
and antenna if the damaged item was discovered while you were in control of the van or if you
were found to be the last person to operate the van. If the van is stolen, as a result of your
negligence (you are expected to lock all of the doors and insure the key is in the lock box
and the cover is closed and securely attached) and not recovered you will pay us the van's
fair market value before it was stolen. As part of our loss, you'll also pay for the loss of
use of the van, without regard to our fleet utilization, plus an administrative fee, plus
towing and storage charges, if an ("Incidental Loss"). If your responsibility is covered by
insurance, you will provide us with the name of the insurer and policy number, or if the insurance
is provided by your card issuer, its insurer. You authorize us to collect any or all of our loss
from any third party that is responsible for it. If we collect our loss from a third party after we
have collected our loss from you, we will refund the difference, if any, between what you paid and
what we collected from the third party. You understand that you are not authorized to repair or
have the van repaired without our consent, you will pay the estimated cost to restore the van to
the condition it was in prior to your rental. If we authorize you to have the van repaired, we will
reimburse you for those repairs only if you give us the repair receipt.
b. Provide a written accident report to FedVan within 24 hours of the incident or accident.
c. Cooperate fully with FedVan, its insurer and other agents or representatives of FedVan in all
incident or accident investigations and/or settlements.
12. Driver/Riders further represents and agrees:
a. To pay other charges which may be due FedVan, including but not limited to applicable sales tax,
excess mileage charge as described below, or non-sufficient funds charge of $ 40 for any payment
returned for non-sufficient funds.
b. To forward payments to FedVan, for the full amount due. Payments must be received by FedVan by
the fifteenth calendar day of the month covered by the invoice from FedVan to avoid a late charge.
c. Late fees will be assessed to the unpaid balance at a periodic (monthly) late fee rate of $25
each month until the balance is paid, when the payment is received after the fifth calendar day of
the month covered by the invoice from FedVan.
d. Payments shall be applied first to late fees and then to the unpaid balances of each product or
service purchased, in the order in which it was purchased.
e. All charges will be deemed final and binding unless disputed in writing within forty- five (45)
days of the invoice date. All disputed charges must be paid pending dispute resolution.
f. If Driver/rider defaults on this Agreement, or any other lending agreement between Driver/rider
and FedVan, by not paying any balance when due, or breaching any other term of this Agreement, then
FedVan may terminate this account, demand immediate payment of the entire balance, and start
collection proceedings, subject to any notice of default and right to cure required by state law.
To the extent not prohibited by applicable law, Driver/rider agrees to pay all collection costs,
including reasonable attorney's fees. Collections: If you do not pay all amounts due to us under
this agreement upon demand, including all charges, fees and expenses, including, without limitation,
payment for loss of or damage to the van, rental charges, parking and traffic fines and penalties,
toll charges, towing, storage and impoundment fees, you agree to pay a late charge of 1% per month
of the past due balance or the highest rate permitted by applicable law, whichever is less
(collectively, "Charges"). You agree to also pay for any costs that we incur in seeking to collect
such Charges including, without limitation, court costs and attorney's fees in addition to any
administrative fees, cost recovery, insufficient funds fees and collection fees (collectively,
"Costs"). If the law permits, you authorize us and our collection agent, to contact you or your
employer, at your place of business about the payment of any past due Charges or Costs. You also
agree that we or our collection agent(s) may access the personal information that you provided
to us in any effort to collect any Charges or Costs under this section and may use the address
provided by you on the Rental Document, or in any customer profile, as the place to send any
demands or collection notices. You understand that we may report such deficiency to an appropriate
credit reporting agency and you also authorize us to share that credit and debit card information
with third party collection agents and further authorize us or our collection agents to charge
any amounts due to us including, but not limited to, the Charges and Costs referenced above, to
that credit or debit card.
g. The amount due FedVan may be changed at any time by FedVan upon 30 days advance written notice
h. Annual Fee.........................$3,120 (Charged in 12 Monthly Payments of $260.00)
i. Drivers/Riders or their families will not hold FedVan legally or financially
responsible for damage to personal property or bodily injury. You agree to indemnify us, our parent
and affiliated companies for and hold us harmless from any loss, liability, and expense that we
incur arising out of the use of the van, including reasonable attorney's fees: (a) which exceeds
the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle
insurance law of the applicable jurisdiction, or the limits of any liability protection that we
furnish to you; or (b) which results from any unauthorized use or prohibited operation of the van.
You waive any claim against us for incidental, special or consequential damages in connection with
B. FedVan represents and agrees it:
1. Will provide a vehicle for the purpose of operating a vanpool and will render such other
reasonable assistance as may be required for the functioning of the vanpool.
2. Will, at its expense, provide vehicle licensing, vehicle registration and vehicle maintenance.
3. Will be responsible, up to a reasonable amount, for the cost of arranging to have the vehicle
towed to the nearest authorized service facility when the vehicle is inoperable.
4. Will, at its expense, provide automobile liability insurance, state authorized self-
insurance, excess liability insurance, or a combination thereof. Anyone driving the van that is
permitted to drive it by this agreement will be protected against liability for causing bodily
injury or death to others or damaging the property of someone other than the authorized driver
and/or the renter up to the minimum financial responsibility limits required by the law of the
jurisdiction in which the accident occurs. The limit of bodily injury sustained by any one person
includes any claim for loss of that person's consortium or services. Where the law extends this
protection to a non-permitted driver, the same limits apply. Except where required by law to be
primary, any protection provided by us shall be secondary to, and not in excess of, any applicable
insurance available to you, or any other driver, from any other source, whether primary, excess,
secondary or contingent in any way. If this protection is extended by operation of law to anyone
not permitted by this agreement to drive the van, or to any person or instance where coverage is
not intended to be afforded by this agreement, the financial responsibility limits of the
jurisdiction in which the accident occurs will apply.
You agree that we can provide coverage under a certificate of self-insurance or an insurance
policy, or both, as we choose. In any case, a copy of the policy and/or certificate will be
available for your inspection at our main office. You understand that unless required by applicable
law, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages;
(b) coverage for bodily injury to you, or your death while driving or not a driver, or to a fellow
employee arising out of or in the course of employment;
(c) defense against any claim, unless we are required to provide primary protection, but in such
event not after the applicable limits of protection that we furnish are tendered;
(d) supplementary no fault, non-compulsory uninsured or underinsured motorist coverage,
and any other optional or rejectable coverage, and you and we reject all such coverages to the
extent permitted by law. Where any of these coverages are required or implied by law, the limits
shall be the minimum required under applicable statute. Where permitted by law, you are rejecting
uninsured or underinsured motorist and all optional automobile insurance coverages and under any
policy of insurance or certificate of self- insurance in connection with this agreement, for you
and all other passengers in the van. You understand that uninsured and underinsured motorist
coverage protects you and other passengers in a van for losses and damages suffered if injury is
caused by the negligence of a driver who does not have any insurance or has insufficient insurance
to pay for losses and damages.
C. The Parties further agree:
1. The operation of a vehicle by any person with the knowledge or consent of volunteer Driver or
rider under any of the following conditions, hereinafter called UNAUTHORIZED USE, constitutes a
material breach of this Agreement. A VIOLATION INCLUDES USE OF THE VAN BY AN UNAUTHORIZED DRIVER OR
UNAUTHORIZED PASSENGER AND WILL AUTOMATICALLY TERMINATE YOUR RENTAL, IS EXCLUSION TO AND VOIDS ALL
LIABILITY PROTECTION. IT ALSO MAKES YOU LIABLE TO US FOR ALL THE PENALTIES, FINES, FORFEITURES,
LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS.
UNAUTHORIZED USE includes but is not limited to:
a. USE OF THE VEHICLE BY ANYONE OTHER THAN THE VOLUNTEER DRIVER AS APPROVED BY FEDVAN
b. Use or evidence of use, of the vehicle by any person under the influence of narcotics or
intoxicants, including any person who knowingly is adversely affected by medicines or
prescriptions; or conduct that could properly be charged as a felony or misdemeanor, including
the transportation of a controlled substance or contraband.
c. Driving or operating in any exhibition, contest, race, speed or acceleration test.
d. Use of the vehicle to propel or tow anything.
e. Driving upon other than paved or suitably graded public highways, private roads, and driveways ;
or under or upon tunnels and bridges posted with insufficient clearance or weight capacity.
f. Carrying passengers or property for hire, or any business or commercial use of the vehicle.
g. Driving outside the borders of the United States.
h. Use of the vehicle 1) without making a reasonable effort to ensure all occupants, including the
Driver, are wearing their seat belts, 2) by more passengers than there are seat belts, and 3)
without requiring occupants to comply with applicable seat belt laws and child restraint laws.
i. Transporting individuals who have not signed a rider agreement with FedVan or individuals who
have an account with FedVan that is delinquent.
j. Transportation of any property deemed hazardous by reason of being flammable, explosive,
fissionable or corrosive; or any contraband material.
k. Loading the vehicle beyond the manufacturer's stated passenger and/or weight capacity.
l. Leaving the vehicle and failing to remove all keys and secure the key in the lockbox; failing to
close and lock all doors and windows; and otherwise contributing to the vandalism or theft of the
m. Use of the vehicle in the commission of a crime or illegal activity.
n. Use or abuse of the vehicle by volunteer Driver, or vanpool participant who, as a result of
reckless misconduct or gross negligence, damages the vehicle or causes injury or property damage to
o. Use of any cell phone device (including a hands free cell phone) or personal audio or video
equipment by the Driver while operating the vehicle.
p. Driving outside of the following areas: the area immediately surrounding the RTC Park and Ride, I-95 N between the Park and Ride and Indian Springs(driver is authorized to exit I-95 for the purpose of refilling the van at a gas station) and within the city limits of Indian Springs or within the confines of Creech AFB without the written consent of FedVan.
q) You or an additional driver, authorized or not: 1) fail to promptly report any damage to or
loss of the van when it occurs or when you learn of it and provide us with a written
accident/incident report or fail to cooperate fully with our investigation; 2) obtained the van
through fraud or misrepresentation; 3) leave the van and fail to remove the keys or close and lock
all doors, close all windows and the trunk and the van is stolen or vandalized; 4) intentionally or
with willful disregard cause or allow damage to the van.
2. This agreement is a long-term lease for a period of 1 year; however, it shall be terminated by:
a. Driver giving FedVan thirty-two (32) days notice, in writing, unless waived, in writing, by FedVan.
b. FedVan giving thirty-two (32) days notice, in writing, to Driver, without cause.
c. FedVan giving twenty-four (24) hours notice, in writing, to Driver for cause.
3. This Agreement may not be assigned without prior written consent by FedVan.
4. FedVan insurance applies only to vehicles supplied by FedVan under this Agreement.
5. FedVan shall not be responsible to Driver, or others for any loss of income, inconvenience or
other damages sustained as a result of an interruption of services to be furnished by FedVan.
6. It is expressly understood neither FedVan nor its insurance company will be responsible for
any person's property lost, stolen, or damaged in or on the van, or received or handled by us,
regardless, of who is at fault.
7. This Agreement embodies the entire Agreement between the parties with respect to the
transactions contemplated. Any prior agreements, representations or warranties between the parties
other than those set forth in this Agreement are rescinded. This Agreement may not be modified or
altered except in writing by Addendum attached hereto and signed by both Driver/rider and FedVan.
8. Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability
without invalidating the remaining portions hereof or affecting the validity or enforceability of
such provisions in any other jurisdiction.
9. All notices and/or correspondence shall be addressed to:
9960 West Cheyenne Ave STE 290
Las Vegas, NV 89134
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