Whip Membership Agreement
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By participating in the Whip Program, you agree to follow and be bound by these Terms of Service.
These Terms of Service include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the Whip Program, these Terms of Service, or Whip’s Privacy Statement to binding individual arbitration rather than proceeding in court. The dispute resolution provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action. These Terms of Service also include a jury waiver. More information about the arbitration and class action waiver can be found in Section 9 below.
Whip The help desk is a team of dedicated representatives that can assist in answering your questions and concerns (“The help desk”). They can be reached at 855-861-9290 or email@example.com. If you have questions about these Terms of Service or the Whip Program generally, please contact the help desk.
Welcome and thank you for your interest in Whip!
Whip Inc (“Whip”, “we”, or “us”), provides a car sharing service that allows eligible and approved Whip users with active Whip Membership Agreements (“Members”) to reserve and rent Whip vehicles (“Vehicles”) for hourly or daily use (“Trips”). These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Whip governing your access to and use of our mobile application (the “Whip App“) and all car sharing and other associated services (collectively, “Whip Services“). The Whip App and Whip Services together are collectively called the “Whip Program.”
Our Privacy Statement outlines how we use and safeguard your information. You understand that by participating in the Whip Program, you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data described in our Privacy Statement, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.
We may update, modify or amend the terms of this Agreement from time to time during your participation by posting the updates on our website or otherwise making the updates available to you. It is your responsibility to frequently review the updates during your participation in the Whip Program. You may cancel your participation in the Whip Program at any time by providing notice to the help desk or as otherwise provided in this Agreement.
The following summarizes the terms of this Agreement that you agree to:
- You will use Vehicles in a safe manner in compliance with all laws, rules, and regulations and in compliance with this Agreement;
- You will maintain a valid driver’s license while participating in the Whip Program;
- You will not permit non-Members to use the Vehicle that is rented by you and you will be financially responsible if other Members use the Vehicle that is reserved by you;
- You consent to a background check to verify your eligibility to participate in the Whip Program prior to and from time to time during your participation;
- You will not drive the Vehicle outside the United States;
- You will pay all fees (defined and described in Section 2 below) and any other amounts you owe under the Whip Program. We will charge those fees and other amounts to the payment method you provide and associate with your account;
- You can review the estimated reservation costs before confirming your reservation;
- To the extent permitted by law, the Vehicle maintains an active wireless connection and provides certain data to us. You consent to this connection and to our collection, use, and sharing of data describing the Vehicle and how you are operating it, including data describing Vehicle location, as described in our Privacy Statement;
- You are responsible for any loss of or damage to the Vehicle during your reservation that are caused by you or your passengers up to a Deductible (defined in Section 2) of $750 or up to full cost of damages if you have not complied with this Agreement; and
- You will defend, indemnify and hold Whip and Suppliers (defined below in Section 1) harmless against any claims arising out of your participation in the Whip Program and use of a Vehicle.
Detailed Terms and Conditions
1.1. You may reserve a Vehicle on an hourly or a daily basis through the Whip Program and subject to the terms of this Agreement. In certain locations, some Vehicles may be available for up to a 28-day rental (“Whip Lease”).
1.2. Whip or our Vehicle supplier, as identified on the insurance document in the glove box compartment of the Vehicle (“Supplier”), own the Vehicle. You acquire no ownership interest in any Vehicle or other items provided to you during your participation in the Whip Program.
1.3. We may add or remove Vehicles from the Whip Program in our sole discretion. We do not guarantee that any Vehicle will be available to you. Your right to use any Vehicle is subject to Vehicle availability, your continued eligibility, and to the terms of this Agreement.
1.4. We will require direct access to the Vehicle to contact the Vehicle directly if an emergency occurs or for other business reasons as permitted by law.
1.5. You can reserve a Vehicle through the Whip App following enrollment and approval of your eligibility.
1.6. The Whip App allows you to gain access to the Vehicle during the time of their reservation. When you book a reservation, you must select a time to start your reservation and the end time of your reservation.
1.7. When you book a reservation, we will pre-authorize a charge to your payment method on file in the amount of your estimated total usage fees (the “Pre-Authorization Charge”). If your payment method rejects this Pre-Authorization Charge, your reservation will be cancelled.
1.8. If you book the reservation within 24 hours of the start of your Trip, we will pre-authorize your payment method immediately when you complete the booking. If you book the reservation 24 hours or more before the start of your Trip, we will pre-authorize your payment method 24 hours before the start of your Trip. You can cancel your reservation at no charge up to 24 hours before your Trip is scheduled to begin. If you cancel your reservation within a 24-hour window of the reservation start time, you will be charged the full estimated usage fees for the Trip.
1.9. Before your reservation start time, you will receive a message indicating that you can begin your Trip. Access to the Vehicle will be given once you begin your reservation. You must have the mobile device you used to create the reservation inside the Vehicle to drive. Your mobile device must be powered and fully functioning to access and start the Vehicle and to start and end your Trip.
1.10. You should return the Vehicle to the same location from where you picked it up, unless otherwise directed. Leaving the Vehicle somewhere other than where you picked it up may result in late fees or other charges.
2.1. You agree to the Rules of Use in Section 10.
2.2. All fees and charges plus applicable taxes and surcharges will be charged to the payment method you provide in the Whip App. Any credit or debit card you provide as your payment method must be linked to a financial institution in the U.S. or Canada. We do not accept prepaid credit, digital, or gift cards as a method of payment. This payment method must be your own credit or debit card issued to you and for you.
2.3. Usage fees. You agree to pay us usage fees per the then usage rate associated with the Vehicle you choose when you make the reservation plus applicable taxes, fees, and surcharges that are incurred in connection with use of the Vehicle associated with your account. Daily rates are based on a 24-hour period.
2.4. For rentals commencing in Colorado: A Colorado Road Safety fee @ $2.00 / day will be charged.
2.5. For rental commencing in New Jersey: A Domestic Security fee @ $5.00 / day will be charged.
2.6. Late fees. If you return the Vehicle later than the end reservation time, and to the extent permitted by law, a $50 late fee plus applicable taxes will be charged per hour besides the usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click “End Trip” in the Whip App upon returning the Vehicle and must return the Vehicle to the location where you picked it up as designated in the Whip App. Failure to do so may result in late fees. Subject to Vehicle availability, you may extend your reservation end time to avoid a late fee in the Whip App. You will be charged for the additional time if you choose to extend your reservation.
2.7. Mileage fees. You will have a 250-mile maximum driving distance per 24-hour day per reservation for hourly and daily Trips. For Trips driven above the maximum miles, you agree to pay $0.30 per mile plus applicable taxes.
2.8. Low fuel fees. Each Vehicle includes a fuel card for your use during your Trip. The Vehicle must be returned with at least ¼ tank of gas. A $30 fee plus applicable taxes will be charged if you return the Vehicle at the end of your Trip with less than a ¼ tank of gas. If the fuel card is not returned with the Vehicle at the end of your Trip, you may be charged $50 plus applicable taxes.
2.9. Reservation changes. You can cancel or change your reservation at no charge up to 24 hours before your Trip is scheduled to begin. If you cancel or change your reservation within a 24-hour window of the reservation, you will be charged for the full reservation.
2.10. Tickets/violations fees. You are responsible for timely response to and for paying any parking tickets and moving violations incurred during your Trip. If we receive a notice and process a violation (including toll violations), you will be charged the ticket/violation fee and a $20 processing fee plus applicable taxes. This fee may be charged up to 90 days beyond your reservation. You also authorize us to provide your personal and payment method information to the charging authorities to process a violation.
You understand and agrees that, if Whip receives notifications by prosecution authorities of violations of laws, rules, and/or regulations allegedly committed with a Vehicle rented by you, Whip may provide your complete and accurate data (full name, date of birth, address) at the time of the alleged traffic rule violation to the respective prosecution authorities.
2.11. Tolls. You will be responsible for any tolls incurred while using the Vehicle though the Vehicle may have a toll pass. If your Vehicle has a toll pass, you will be charged the toll fee to the card you have on file and this charge may take place up to 90 days beyond your reservation depending on the timing of payment processing by certain tolling authorities. Tolls incurred may also be subject to a processing fee of up to $3.50 per instance.
2.12. For rentals commencing in Colorado: Pursuant to the requirements of C.R. S. 43-3-302 and C.R.S. 42-4-1209, You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of the rental period. If such a penalty is incurred, your name, address, and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines).
2.13. For rentals commencing in Illinois: You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of this rental period. If such a penalty is incurred, your name, address and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violations fines).
2.14. Cleaning fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (for example, odor or residue from smoking, pet hairs, etc.) you will be charged up to $150 plus applicable taxes for cleaning fees.
2.15. Lost keys. If you have been given keys to the Vehicle to have the Vehicle valet parked, you will be charged the actual cost of key replacement up to $250 if those keys are not returned at the end of the Trip.
2.17. Unauthorized driver. Only you, another Member, or another person authorized by law to drive a Vehicle rented by you are authorized to drive a Vehicle that you reserve and rent under this Agreement. Besides other rights and remedies we may have in this Agreement, if you allow for use of a Vehicle by someone who is not an authorized driver, you will be removed from the Whip Program.
2.18. Deductible. You are responsible for any loss or damage to the Vehicle you do not report prior to the start of your Trip. Document any damage to the Vehicle by taking a photo of it and emailing it to the help desk prior to the start of your Trip. You agree that we may charge you a fee of up to $750 plus any taxes as a deductible (“Deductible”) for any damage or loss during a Trip. If the Vehicle is used in accordance with this Agreement and otherwise safely, you will not be charged for any damage to the Vehicle beyond the Deductible. However, if you violate this Agreement or otherwise operate the Vehicle in a negligent or reckless manner or in any way that endangers others, you agree to pay damages beyond the Deductible.
2.19. Other Violations. Besides other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of the Agreement if such violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, necessity of cleaning or re-fueling, etc.)
2.20. Payment Method. Other than the usage fee charged to you upon booking the reservation, we will charge for all fees as they are incurred by you monthly (retroactively for the previous month) to the payment method you provided which is on file. You may cancel the use of your credit or debit card by terminating your participation in the Whip Program and providing notice to the help desk. You remain responsible for any fees or damages incurred prior to your termination. Any changes to the pricing will be available on the website www.drivewhip.com. Your credit or debit card will be charged retroactively for any tolls or unpaid parking tickets incurred during the previous month. You will receive an email receipt with the breakdown for each Trip of charges applied to the payment method on file.
2.21. Cancellation & Refund Policy. If you cancel your reservation at least 24 hours prior to the start of your Trip, you will be refunded the Pre-Authorization Charge.
Except for timely cancellations, we do not provide refunds of the Pre-Authorization Charge, or any other fees. If you believe you have been charged in error, you must submit a formal request to the help desk and include your name, phone number, and reason for refund request. Requests will be reviewed and responded to within five (5) business days.
If your reserved Vehicle is returned and your Trip is ended prior to the reservation end time, you will not be refunded for unused hours. If your reserved Vehicle is returned and your usage fees are less than the Pre-Authorization Charge, we will return the difference to your payment method.
2.22. Billing. If a payment card charge is declined by your payment card issuer (either for a Pre-Authorization Charge or incurred fees or charges), we may suspend or terminate your membership immediately. We reserve the right to assign a delinquent Member account to a third-party collection agency.
3.1. You agree and are solely responsible for:
3.1.1. Complying with all applicable laws, regulations, local ordinances, and this Agreement;
3.1.2. Keeping your personal information, including payment information, up-to-date within your Whip account. We may validate such updated information to verify your continued membership. We will in no way be responsible or liable for any fines, damages, penalties or any other costs or liabilities resulting from your failure to provide us with up-to-date personal information.
3.1.3. Any loss of, or damage to goods and personal belongings in or on the Vehicle whether owned by you or third-parties. Neither we nor Supplier take responsibility for any such loss or damage;
3.1.4. Any traffic, moving or parking violation citations, fines or other penalties incurred from use of the Vehicle. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us and Supplier in the defense of any claims or lawsuits against us and/or Supplier related to your use or possession of the Vehicle. You shall be responsible for all fines, forfeitures and penalties incurred from the use of the Vehicle;
3.1.5. All fines, forfeitures and penalties incurred from the use of the Vehicle;
3.1.6. Immediately notifying Whip of any event that involves theft, attempted theft, vandalism, Vehicle damage of any kind, or impact with a vehicle, object or pedestrian (injured or not) even if there appears to be no damage to the Vehicle by calling (800) 572-2936 to speak with a Whip incident management advisor. If a Vehicle is not safe to drive after any such event, you must file a police or security report within 24 hours of the incident and provide Whip a copy of that report to prevent being charged for the rental after the event.
3.1.7. Maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third-party. You must immediately notify the help desk if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or if any actual or suspected unauthorized use of your account occurs.
3.2. You also agree to the following:
3.2.1. For EMERGENCY situations, you must call 911. Further instructions regarding incident / crash procedures are in the glovebox.
3.2.2. For rentals commencing in Maryland: 2013 Maryland Code CRIMINAL LAW § 7-205 – Failure to return rental vehicle
(a) A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it.
(b) (1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle.
(2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
“You may not need the automobile insurance offered by Whip Inc. Your automobile insurance policy may provide coverage for your liability while operating a rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving this rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the owner of the rental vehicle. If our vehicle is a replacement vehicle as defined in section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (Your vehicle) is primary, and any liability coverage we provide on the vehicle is secondary.
3.2.3. Returning the Vehicle to the proper location when your reservation ends. To the extent permitted by law, we may recover a Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement.
3.2.4. For rentals commencing in Colorado: Failure to return the Vehicle within 72 hours of the due-in date is a felony according to Colorado Revised Statutes §18-4-401.
3.2.5. For rentals commencing in the District of Columbia:
WARNING: Failure to return this Vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail.
3.2.6. For rentals commencing in Florida: Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable under the section 812.155, Florida Statutes.
3.2.7. For rentals commencing in Massachusetts: If the Vehicle is not returned within 48 hours of the date due, we will report it to the police department as stolen or beyond our control under ALM Ch. 266 §87A.
4.1. You must meet and continue to meet during your participation in the Whip Program the following eligibility requirements:
4.1.1. You possess a valid driver’s license which is not modified, suspended, revoked, or restricted (except for corrective lens) and will present it to Whip upon reasonable request for proof. If you possess a non-US driver’s license it must be valid in the state in which you reside. You may also be required to verify that you are the person included on the driver’s license by providing a selfie image of your face from your mobile device.
4.1.2. You are not involved in any accidents with the Vehicle and have not been involved in any accidents during any other reservation with Whip. Notwithstanding the preceding sentence, Whip remains obligated to provide insurance during your reservation as described under Section 6 of this Agreement.
4.1.3. You do not have a current outstanding balance with Whip.
4.1.4. You have not been involved in:
- Any single accident (regardless of fault) resulting in damages to a Vehicle amounting to more than $5,000; or
- Three (3) accidents (regardless of fault) involving a Vehicle within a twelve (12) month period.
4.1.5. You are at least 18 years of age; and
4.1.6. You have not been convicted in the last 5 years of the following violations:
- Driving while driver’s license is restricted, suspended, revoked or denied;
- Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle;
- Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test;
- Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer);
- Eluding or attempting to elude a law enforcement officer;
- Traffic violations resulting in death or serious injury; or
- Any other significant violation warranting restriction or suspension of license.
4.1.7. You are otherwise eligible under and will comply with all laws and regulations, including any export controls, economic sanctions, or other related laws and regulations, in relation to your participation in the Whip Program.
4.2. You understand and agree that, in the event Whip receives notifications by prosecution authorities of traffic rule violations allegedly committed with a Vehicle, Whip will be entitled to provide your complete and accurate data (full name, date of birth, address) to the respective prosecution authorities.
4.3. You consent to and authorize Whip, to the extent permitted by law, to perform or have performed a background check of you and of your driving history and/or driving record. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization.
4.4. You will immediately notify the help desk if your driver’s license expires or is modified, suspended, restricted, revoked, or if you otherwise no longer meet an eligibility requirement.
4.5. We reserve the right to suspend or remove you from the Whip Program in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements.
5.Collection, Use, and Sharing of Information
5.1. To provide the Whip Program to you, we will collect, use, and share certain information about you (that you have provided to us), your use of the Vehicle. You consent to our collection, use, and sharing of this information as described within the Privacy Statement.
5.2. We will collect your name, address, telephone number, email address, driver’s license number, the driver’s license expiration date and state of issuance and if you have a Pennsylvania driver’s license, the last four digits of your social security number. This information will be provided to our trusted service provider to perform a background check of your driving history and/or driving record, so we can confirm your eligibility to participate in the Whip Program. We may also use this information to conduct screening to ensure you are not included on any U.S. or other government lists of restricted parties.
5.3. By participating in the Whip Program, you authorize Whip to send you updates via text message using an automated telephone dialing system to the mobile phone number you provided Whip. This is not required to conduct business with Whip. Message and data rates may apply.
5.4. We will collect your billing information, including your name, credit card number, credit card type, expiration date, and CVV number to provide the information to our trusted payment service provider, so we can process your payments for the Whip Program. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures, and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization.
5.5. All Vehicles have GPS services. To the extent permitted by law, we will actively collect information related to your use of the Vehicle through these GPS services. This information includes, but is not limited to: Vehicle location data, Vehicle make/model/trim, performance data, time of use, ignition on/off status, odometer, oil life remaining, tire pressure, high/low impact events, and use of individual GPS Telematics services. Any violation of this Agreement confirmed by such information may cause the termination of your participation in the Whip Program.
5.6. We will also collect information from the device through which you are participating in the Whip Program, such as device location, to provide Whip Services to you and to enable certain GPS Telematics services, such as remote door lock/unlock.
5.7. The Whip App is used to manage Vehicle reservations in the Whip Program. Your use of the Whip App is subject to this Agreement, and the End User License Agreement, the Privacy Statement for the App, and the OnStar Terms and Conditions and Privacy Statement.
6.Insurance; Indemnification; Limitation of Liability; Personal Property
6.1. Insurance; Indemnification; Hold Harmless. Insurance is provided on the Vehicle while you are operating the Vehicle under the Whip Program in compliance with the terms of this Agreement. Whip’s automobile liability insurance provides coverage up to the minimum financial responsibility limits required by state law. To the extent such protection is imposed by law, that protection will be for the minimum limits required by law. We are liable only up to the maximum amounts under our insurance coverage and only if the Vehicle was being operated by you, another Member of the Whip Program, or a person entitled to insurance coverage under law. You may be liable to us up to the maximum amounts described above and to an injured person for amounts awarded over such maximum amounts.
6.2. Notice for rentals commencing in Florida: The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §324.021(7) and 627.736, Florida Statutes.
6.3. Notice for rentals commencing in Maryland: If our Vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your vehicle) is primary, and any liability coverage we provide on the Vehicle is secondary.
6.4.Notice for rentals commencing in Michigan: For liability losses involving third persons occurring in Michigan, we are responsible only up to $20,000.00 for bodily injury to or death of 1 person in any 1 accident and $40,000.00 because of bodily injury to or death of 2 or more persons in any one accident, and only if you or a member of your immediate family were operating the Vehicle at the time of the accident. You may be liable to us up to the same limits, and you may be liable to injured third persons for amounts over those limits.
6.5. You are responsible for any loss of or damage to the Vehicle resulting from any cause including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God regardless of fault. Damages include our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damages condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sales proceeds. 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, as part of the rental charges during return. If the Vehicle is stolen and not recovered, you will pay us the Vehicle’s fair market value before it was stolen. As part of our loss, you will also pay for loss of the Vehicle, without regard to our fleet utilization, plus an administrative fee for processing the claim, costs associated with recovery of the Vehicle, plus towing and storage charges, if any. You are not responsible for normal wear and tear on the Vehicle. Before each reservation please check the car inside and out and report any damage. Your responsibility for damage to or loss of the Vehicle will be limited to the $750 Deductible per occurrence unless you violate the terms of this Agreement or otherwise operate the Vehicle in a reckless manner or that endangers others. There, you will be responsible for loss or damage to the Vehicle beyond the Deductible.
6.6.In addition you agree to defend, indemnify and hold us, our affiliates and respective directors, officers, shareholders, employees and agents, and Supplier harmless from all claims, liability and expenses arising out of your non-compliant, negligent or reckless use of the Vehicle regardless of whether those claims arise from you or any third party excluding those arising out of Whip’s gross negligence or willful misconduct and to the extent permitted by New Jersey law if you are a renter in New Jersey. We may recover damages suffered by us or Supplier you owe under this Agreement by charging the payment method you provided.
6.7. For rentals commencing in New York: Responsibility for Damage or Loss; Reporting to Police. You are responsible for (a) all physical damage to the Vehicle, whether or not you are at fault; (b) mechanical damage related to an accident or caused by your abuse or neglect; and (c) theft of the Vehicle up to its fair market value if it is established that an authorized driver failed to exercise reasonable care or that an authorized driver committed, aided, or abetted in the theft of the Vehicle. You are responsible for the lesser of: (a) the actual and reasonable costs incurred to repair the Vehicle, including fees for towing, storage and impound; (b) the reasonable costs incurred to repair the Vehicle if we elect not to repair; or (c) the actual cash value of the Vehicle immediately before the damage (not to exceed the fair market value, less net disposal proceeds). You must report all accidents or incidents of theft and vandalism to us and the police when you discover them. Upon return of the Vehicle or within 72 hours of its return, an authorized driver or his or her insurer must notify us he or she wishes to inspect the damaged Vehicle, or else the right to inspection will be waived. The inspection must be completed within 7 days of the Vehicle’s return date. If we determine that the Vehicle is a total loss and subject to salvage, the 72-hour notification period and waiver do not apply, and the authorized driver or his or her insurer will have 10 business days from receipt of notification from us to inspect the damaged Vehicle, unless we agree to provide access to the Vehicle beyond the 10 business-day time period.
6.8. For rentals commencing in California: You are responsible for all damage to and loss of the Vehicle caused by collision. Your responsibility includes: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle calculated in accordance with California law; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) an administrative fee as permitted by California law; and (c) our actual charges for towing, storage, and impound. You are responsible for loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police upon discovery
6.9. WARNING: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”
6.10. For rentals commencing in Illinois: Regardless of fault, you are responsible for theft or loss of the Vehicle and all damage to it, including damage caused by collision, weather, road conditions, acts of nature, theft, and vandalism. Your responsibility includes: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) Loss of Use, which shall be measured by multiplying your daily usage fee by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; and (d) towing, storage, and impound charges. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. If the Vehicle’s MSRP is $50,000 or less: until June 1, 2017, your responsibility for loss or damage due to causes other than theft will not exceed $17,500. Beginning June 1, 2017, and annually each June 1 thereafter, the maximum amount we may recover from you for damage to the Vehicle increases by $500 above the maximum recovery allowed immediately prior to June 1 of that year. You are responsible for loss due to theft of the Vehicle up to a maximum of $2,000, unless you fail to exercise ordinary care while in possession of the Vehicle, or unless you committed, or aided in, the theft of the Vehicle, in which cases you are liable up to the Vehicle’s fair market value. If the Vehicle’s MSRP is over $50,000: Beginning on October 1, 2016, your responsibility for loss or theft of or damage to the Vehicle will not exceed $42,500. Beginning on October 1, 2017, the maximum amount we may recover will increase by $2,500 on October 1st of each year. Beginning on October 1, 2020, the maximum amount we may recover will increase by $1,000 on October 1st of each year.
6.11. Limitation of Liability. Unless prohibited by law, neither Whip nor Supplier are liable to you for any indirect, incidental, special, punitive or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in the Whip Program or using the Vehicle.
6.12. Personal Property. Neither we nor Supplier are responsible for loss of or damage to your or any other occupant’s personal property left in the Vehicle.
7.Term and Termination
7.1. Term. This Agreement becomes effective upon your acceptance of the Terms contained herein and all ancillary consents (the Privacy Statement and the OnStar services User Terms and Privacy Statement) when you click to accept this Agreement and expires upon your notification to us via email at firstname.lastname@example.org or by calling Call/Text (855)861-9290 unless earlier terminated by us in our sole discretion.
7.2. Termination. We and/or you may terminate this Agreement at any time for any reason whatsoever by giving the other notice of such termination. Termination makes you ineligible to participate in the Whip Program. You will remain responsible for all fees, including account balances, and any damages and penalties incurred as of the date of termination. You will only be able to obtain refunds for membership pursuant to your rights under applicable consumer protection legislation or pursuant to our discretion.
8.1. Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without the consent of us will be void and of no force and effect. We reserve the right to assign this Agreement in our sole discretion.
8.2. Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced under the laws of the State of Michigan, without reference to its conflict of laws principles.
8.3. Waiver; Severability. If any one or more provisions contained in this Agreement or any document executed in connection shall be invalid, illegal or unenforceable under any law, (i) unless otherwise provided under law, the validity, legality and enforceability of the remaining provisions contained herein or shall not be affected or impaired and shall remain in full force and effect; and (ii) the invalid, illegal or unenforceable provision shall be replaced by us immediately with a term or provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable term or provision.
Failure or delay by us to exercise any right or privilege under this Agreement shall not operate as a waiver nor shall any partial exercise of any right or privilege preclude any further exercise thereof.
8.4. Notice. To terminate your membership email us at email@example.com OR Call/Text (855)861-9290. We may provide notice to you via any address (including electronic address) that we have on file for you, or via in-Whip App messaging.
All legal notices to be given by you to Whip must be in writing and will be (a) personally served or (b) mailed registered or certified, return receipt requested, postage prepaid, or delivered by courier service with charges prepaid, addressed as set forth below. Notice will be deemed given on the date of service if personally served or, if mailed, on the third Business Day after mailing.
Whip Inc c/o Executive Director
14670 SOUTHLAWN LANE
ROCKVILLE MD 20850
8.5. Limited Third-Party Beneficiaries. Supplier is an intended third-party beneficiary of this Agreement solely for enforcing its rights under Sections 2 and 6. Whip’s affiliates that are controlled by or under common control with Whip are intended third-party beneficiaries of Sections 6 and 9. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and Whip and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing.
8.6. Conflict of Terms. Any conflict between this Agreement and those of the OnStar terms and conditions will be resolved in favor of this Agreement.
8.7. Survival. All fees and charges will continue to be due and payable after the end of the Trip or the expiration of this Agreement. Additionally, the 6, 9, and 8.7 will survive the expiration or earlier termination of this Agreement.
9.DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER
9.1. Our customer service department is available to address any concerns You may have regarding the Whip Program. You may call us at (855) 861-9290, email us at Help@DriveWhip.com, or send us regular mail at the address listed at the end of this Agreement. Most matters are quickly resolved in this manner to our customer’s satisfaction.
9.2.ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM“), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 8.9(E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA“) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
9.3.ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 8.9 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
9.4. SECTIONS 9.1 THROUGH 9.3 DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
10.RULES OF USE
10.1. Reserving a Vehicle. You must make a reservation using the Whip App that you download on an Android or iOS device.
10.2. Personal use only. The Vehicle is to be used for your personal use only and may not be used for hire or any other for-profit purpose.
10.3. No unauthorized drivers. You understand that only you, or other authorized drivers as identified in Section 2.17, are authorized to use the Vehicle and you may not allow any other person to operate the Vehicle.
10.4. Fuel. For hourly and daily Vehicles, fuel is free to you while using the Vehicle. Our intention is to make each Vehicle available to you with at least ¼ tank of fuel. If you need fuel while out with the Vehicle there is a fuel card in the Vehicle. Fuel cards may only be used for the Vehicle you have reserved. You are required to return the Vehicle with at least ¼ tank of fuel or you will be charged a $30.00 low fuel fee plus applicable taxes. For a Reserve Vehicle, a $100 fuel card will be provided. Any additional fuel, including that required to ensure the Vehicle is returned with ¼ tank of fuel, is your responsibility. Any receipts for fuel must be dated, time stamped and itemized for reimbursement. Any misuse of fuel cards may lead to the suspension or termination of your account; you will reimburse us if you use a fuel card for any expenditure other than fuel for the Vehicle as authorized above.
10.5. Electric Powered Vehicles. If you have reserved an Electric Vehicle and if you choose to use the charging cord to charge the Vehicle at home, it is recommended that a certified electrician inspect any outlet prior to using it to charge an Electric Vehicle. You are solely responsible for any damage to your household outlet.
10.6. Pick-up and return location. At the start of your Trip, the Vehicle will be available for you in a location designated in the Whip App. You must return the Vehicle to the rental location you have chosen within the Whip App. We reserve the right to charge for not returning the Vehicle to the same rental location you picked-up the Vehicle.
10.7. Parking. While on a Trip, you may park in any legal parking space. You are responsible for all parking fees and fines or tickets that may result.
10.8. Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition.
10.9. Towing. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle.
10.10. Use area. The Vehicle must not be driven or otherwise taken outside of the United States.
10.11. No smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle subject to a minimum $150 fine. 10.12. Animals or pets. You may take a pet in the Vehicle but only if it is kept in a locked pet carrier. Licensed service animals are allowed in the Vehicle at any time without a carrier.
10.13. No servicing Vehicle. You must not perform or take the Vehicle in for repair or any service under any circumstances; the Vehicle can only be warranty repaired or serviced by us.
10.14. No operation while impaired. You agree to never drive the Vehicle while impaired by medication, illness, fatigue, or injury.
10.15. No alcohol or illegal drugs. You agree not to use any illegal drugs or alcohol prior to or while driving the Vehicle and understand that we have a zero-tolerance policy for being under the influence of or drinking alcohol or taking illegal drugs when using the Vehicle.
10.16. Use of safety restraints. You will ensure the proper use of safety belts and child safety restraints for all occupants; you will not permit anyone under 13 years of age to ride in the front seat of the Vehicle.
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. You are responsible for supplying a child safety seat or renting one from us.
10.17. Obey all traffic laws. You will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and/or state laws addressing distracted driver restrictions. You will drive in a defensive manner, anticipating situations where incidents are likely to occur.
10.18. No hand-held device use. You understand that use of hand-held communication devices is prohibited except in cases of emergency. The Vehicle must be brought to a safe stop or safe location if call or text must be placed or received. You understand that use of radar/laser detection devices is prohibited.
10.19. Safe driving. You agree not to operate the Vehicle in a test, race, contest, or off-road.
10.20. No transport of dangerous items. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous or otherwise dangerous goods.
10.21. Securing vehicle. You understand that when the Vehicle is not in use, you will secure it by closing the windows, closing and locking the doors, and parking it in a reasonably, safe, and secure location.
10.22. No modification to Vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, or any other equipment installed on or in the Vehicle.
10.23. No improper use of Vehicle. You must not use the Vehicle in connection with a felony or other crime (other than a minor traffic violation) or any other illegal purpose whatsoever.
Background Check Disclosures
A consumer report is a type of background check in which information (which may include, but is not limited to, driver license validity verification; driving reports/background) about you is gathered and communicated by a consumer reporting agency (“CRA”) to Whip Inc, its subsidiaries, affiliates, other related entities, successors, and/or assigns (collectively or individually, as appropriate, the “Company”).
Company may obtain a consumer report on you to be used for the purpose of evaluating you as a new or continued driver on the Whip Inc platform, including your application to be eligible to use the platform as a driver.
STATE LAW DISCLOSURES
In addition to the Background Check Disclosures, below please find state disclosures/notices that may pertain to you. Please note: state disclosures that overlap with the disclosures set forth in the Background Check Disclosures section are not repeated on this separate State Law Disclosures.
New York applicants/drivers only: Upon request, you will be informed whether or not a consumer report was requested, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Your written request should be made to Whip Inc.
California, Minnesota, or Oklahoma only: If you would like to receive from (as applicable) the CRA, the ICRA, or the Company, a copy of the background check report that Company may procure, please write to:
Whip Inc, Attention Customer Service,
14670 SOUTHLAWN LANE
ROCKVILLE MD 20850