PURCHASER/USER AGREEMENT

TO PURCHASE A SAFE AT HOME PRE-PAID RIDE CARD, YOU MUST READ AND AGREE TO THIS PURCHASER/USER AGREEMENT PRIOR TO YOUR PURCHASE. PLEASE READ THE ENTIRE AGREEMENT AND CLICK ON THE APPROPRIATE AREA BELOW TO SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT!

PURCHASER/USER AGREEMENT

This Agreement describes the terms and conditions applicable to Client purchase and/or use of the services of Safe at Home Designated Driver Service, a division of Triple Play Enterprises, LLC, an Ohio Limited Liability Company (hereafter referred to as, “the Company”). By clicking the “I have read, understand and accept the above Agreement.” button below Client are agreeing to be bound by the terms and conditions as set forth in this Agreement. Purchasers and/or users are hereafter referred to as “Client”.

PLEASE READ THIS AGREEMENT CAREFULLY.

The Company Service. Safe at Home Designated Driver Service is a service which provides private drivers to drive Client’s automobiles when a Client wishes to be driven home. Safe at Home Designated Driver Service, in its sole discretion, may deny or limit a service request or terminate service for any reason including but not limited to; inappropriate behavior or language used by Client or Client’s guests during a trip, obscene gestures or language used by a Client or Client’s guests traveling with Client, or anything that would cause a reasonable, sober individual to have concerns for their safety. In order to use the Company service, Client must not have any outstanding claims against Client’s vehicle or road violations in effect which would result in the arrest of Client or the Safe at Home driver using such vehicle. The Company driver has the sole option of deciding whether a Client can sign this agreement at time of pick-up with full knowledge and understanding of its contents and, if it is determined that the Client cannot, due to severe intoxication or any other condition, will make a reasonable effort to secure the Client alternative transportation arrangements. If, by client request, or in the observation of the Company driver, the client asks, or is determined to need, medical attention, the driver will call 911 and obtain a medical squad for the client at any time before, during, or after the service. The client shall hold the Company harmless and assume all expenses for such determination, contact, and/or use of a dispatched medical squad and release the Company from any and all liability from such determination, contact, and/or use.

Use of Services. Safe at Home Designated Driver Service reserves the right to adjust, at any time, the fees for its services. Client understands that the Company services are available on a first come first serve basis and may not be available immediately unless booked in advance. In addition, Client understand that on occasion, due to the nature of the service, it may take longer than anticipated for one of the Company drivers to get to Client’s location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances. In such cases, Client agree to hold Safe at Home Designated Driver Service and its employees, independent contractors, and agents harmless for any situation or circumstances that may arise as a result of any such delay. Client understand that drivers provided by and through Safe at Home Designated Driver Service will not drive any automobile that does not fully comply with all of the applicable laws of the State of Ohio, including but not limited to, laws governing insurance, registration and safety equipment. Client warrants that by their request to have one of the Company drivers operate a vehicle in Client’s possession and control, that said automobile is lawfully within Client’s possession and control, and that said vehicle is in full compliance with all applicable laws of the State of Ohio, including but not limited to any law governing insurance, registration and safety equipment. Client further warrant that Client and/or the vehicle in Client’s possession and control is covered by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements of the State of Ohio and insures Client, the automobile in Client’s possession and control and the Safe at Home Designated Driver driver. Member understands that in the event of an accident while being driven by one of the Company drivers, whether or not the Company driver is at fault in such accident, Client’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. Member agrees to indemnify Safe at Home Designated Driver Service and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors, and employees against any and all claims made against Safe at Home Designated Driver Service and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors and employees for any and all damages not paid for by client’s insurance coverage or insurer.

Assumption of Risk. Client is aware and acknowledges that the use of the services provided by us involves an inherent risk of injury, death, and property damage to Client and Client’s guest and invitees. In addition to the inherent risks involved in the operation of an automobile on public and private roadways, Client are aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of the Company, and its and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors and employees, including, without limitation, the risk of negligent instruction or supervision. Client voluntarily agrees to assume all risks of injury, death, and property damage to Client’s self and any and all passengers of the automobile operated by us and Client will waive any and all claims or actions that Client may have against the Company and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors and employees

Release of Liability. Client releases the Company and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors and employees (collectively, the “Released Parties”) from all liability to Client and Client’s principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement or to the services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT CLIENT BEARS SOLE RESPONSIBILITY FOR ANY LOSS!

Knowing and Voluntary Execution. Client acknowledges that Client has carefully read this agreement, understands its contents, and understands that this agreement includes an assumption of the risk of the Released Parties’ negligence and a release of their liability. Client further acknowledges that the Company is materially relying on this waiver in its decision to allow Client to utilize the Company services.

Indemnification. Client agree to indemnify, defend and hold harmless the Company and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) any and all services provided to Client by the Company and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, independent contractors and employees; (ii) the breach of any of the representations and warranties of the client contained in this Agreement; and (iii) the breach of any covenant or agreement of the client under the terms of this Agreement. The indemnification provision set forth in this paragraph applies to the acts. If Client shall fail to promptly indemnify the applicable party after written notice from us, the Company shall have the right to adjust, settle, litigate and take any other action we deem necessary or desirable for the disposition of any such Claim, as determined by the Company in its reasonable judgment.
In any such event, Client shall reimburse us on demand for all amounts paid or incurred by us as a result thereof.

Time for Claim. Notwithstanding any statute to the contrary, any claim arising from or relating to this Agreement (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises.

Amendments. Safe at Home Designated Driver Service may amend the terms and conditions of this Agreement at any time by posting the amended terms and conditions on this website, in which case, such amended terms and conditions shall take effect 24 hours after such posting.

Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.

Assignment. This Agreement and the rights and obligations hereunder shall not be assignable or transferable by the client.

Unenforceable Provisions. If any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of the Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.

Governing Law. This Agreement shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Ohio applicable to agreements made and to be performed entirely within such State, including all matters of enforcement, validity and performance.

Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

Entire Agreement. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the client and Safe at Home Designated Driver Service and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement, nor is any party relying on, any representations or warranties outside those expressly set forth in this Agreement.