Individual programs include specific terms and conditions as follows, listed within the document but not applicable to members outside specified programs:

• Terms specific to BAAEC Carshare

Vehicle Damage

Member promises to perform a visual inspection of the exterior and interior of the automobile prior to use and upon return of the vehicle, and agrees to take  responsibility to ensure the vehicle is plugged in and charging at the conclusion of the rental unless otherwise specified in program-specific terms herein. Any cosmetic, safety, and maintenance issues must be reported to the Program immediately through the MDO Carshare smartphone application. 

In the event of a vehicle crash,  Member agrees to call the police immediately, as well as notify an MDO Carshare representative prior to operating the vehicle or leaving the scene of the crash. Contact numbers can be found in the app, on the mdocarshare.org website and in the member handbook. 

Member accepts responsibility for payment of any 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. Non-members’ operation of a MDO carshare vehicle represents an unauthorized use and is not covered by MDO’s insurance program. However, the Program is not liable for manufacturer defects incurred while a Member is using a Program automobile. 

Waiver of Liability

Member waives the right to sue Mobility Development Operations, LLC: 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.

Eligibility

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

Member warrants that he or she has held a valid United States driver license 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. Initial 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 three (3) years. 
• Absence of any alcohol related moving violations within the past seven (7) years. 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 immediately, 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, Mobility Development 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 Mobility Development employees may charge a one time fee to the Member to determine membership eligibility, and that this fee may vary depending on the Program (as detailed in the Member Handbook). Member acknowledges that this one time registration fee 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 in the member handbook. Member also 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 Mobility Development to electronically deduct all usage charges incurred by Member at the time of reservation (except as designated in the BAAEC Program section below) 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. Member is responsible for a deductible up to $500 in repair costs for damages for which the insurance adjustment process has determined the member to be partly or wholly responsible.

Member 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 reasonable attempts to inform members of any pending changes to these rates. 

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 fines 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 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 (including but not limited to termination of membership)  in connection with failure to abide by these terms of use.

Other Terms

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois applicable to contracts made and performed in this state, without regard to its conflicts of laws or choice of laws practices or rules. 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 to the fullest extent possible consistent with the intent of this Agreement, substituting for the invalid provision a valid provision that most closely approximates the intent and effect of the invalidated provision.

This Agreement, and the Membership Handbook provided by the Program to Member in connection with Member’s execution of this Agreement, is intended 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 continued use of the Platform 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 Mobility Development to check other information as Mobility Development shall deem relevant to its approval of Member’s participation in the Program.

Further Acknowledgements

Member recognizes that: 

• If Mobility Development accepts my application, the terms of the application along with the terms of the Member Handbook immediately constitutes 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 Member Handbook. Member agrees to observe and be bound by 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 anytime with written notice to Member, and that continued use of the Program thereafter shall constitute acceptance of any such amendments  
• 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. 
• Vehicles are inspected prior to the beginning of the member’s reservation period. During the use of the Program Vehicles, members are responsible for the general maintenance and safety of the Program Vehicles. This includes ensuring proper tire pressure is maintained, vehicles are kept clean, and that any mechanical concerns, electronic alerts, warnings, or codes (i.e. “”low propulsion”), or body damage is reported to the Member Services.
• 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 including late return fees. Member authorizes Mobility Development 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 fines. 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 Mobility Development 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 Mobility Development 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 Mobility Development 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 expressly designates the Member as such.