OccasionalCar Member Agreement

Recitals

OccasionalCar offers to the public, in certain geographical areas, the Car Share Program ("OccasionalCar") whereby it provides access to, and use of, a specific OccasionalCar Vehicle.

You desire access to, and use of, the OccasionalCar Vehicle pursuant to participation in the OccasionalCar program.

Terms and Conditions

Parties, Agreement and Member Handbook

You acknowledge and agree that this Agreement is between you, an individual ("I", "you", "Member") and OccasionalCar LLC located in that state, states or district where you access the OccasionalCar Vehicle.

You acknowledge that for OccasionalCar participation, a OccasionalCar Member Handbook ("Member Handbook") has been made available to you on the OccasionalCar website and that it sets forth certain explanations, details and other terms, conditions and requirements governing your use of the OccasionalCar Vehicle, the OccasionalCar web site and OccasionalCar. You agree that you have read and understand the Member Handbook and that you agree to all of its terms and conditions therein. Furthermore, you agree that the Member Handbook is integrated into this Agreement so as to be one agreement.

You agree to the terms and conditions of this Agreement and the Member Handbook when you access and use this OccasionalCar web site, OccasionalCar and any OccasionalCar Vehicle. Furthermore, you acknowledge and agree that each time you access and use this OccasionalCar web site, OccasionalCar and a OccasionalCar Vehicle, the terms and conditions of this Agreement (including any modifications) and the Member Handbook (including any modifications) shall apply.

At anytime, OccasionalCar LLC may modify the terms and conditions of this Agreement and the Member Handbook by posting the modified terms and conditions for the same on the OccasionalCar web site or by otherwise providing to you a hard copy of a revised Agreement or Member Handbook. Except as stated below, all modified terms and conditions shall take effect immediately after posting on this web site or upon provision to you of a revised hard copy. The Agreement and Member Handbook may not be modified, amended and/or changed by you in any manner unless agreed to in writing by an Officer of OccasionalCar LLC

Application and eligibility for OccasionalCar Participation

You acknowledge and agree that to apply and be eligible for OccasionalCar participation you are required to do, and you hereby agree to do, the following:

1.) Pay an application fee as required and complete any provided application with truthful, accurate and complete information including but not limited to any required credit card information, personal background information and personal identification information ("Completed Application");

2.) Authorize that OccasionalCar LLC, its parent and/or related/affiliated companies, and any of their agents, and each of their employees to perform, or run, at submission of application, a check on your driving record ("Driving History Report").

3.) Permit OccasionalCar LLC to deny your application and eligibility for participation in OccasionalCar for any cause but specifically for good cause based on the Completed Application and/or Driving History Report.

4.) Release OccasionalCar LLC, its parent, related/affiliated companies, and any of their agents, and each of their employees, directors and officers for any and all liability arising out of resulting from your authorization herein and OccasionalCar LLC’s decision to deny your application and eligibility for participation in OccasionalCar as provided herein.

Continued eligibility for OccasionalCar Participation

Once you are accepted, you acknowledge and agree that to remain eligible for continued participation in OccasionalCar you are required to do, and hereby agree to do, the following:

1.) Immediately report to OccasionalCar LLC any moving traffic violations/tickets or any accidents incurred as a result of your operation of any vehicle and/or immediately report any material changes to your driving record.

2.) Authorize that OccasionalCar LLC, its parent and/or related/affiliated companies, and any of their agents, and each of their employees to perform, or run, an additional Driving History Report, at their discretion.

3.) Permit OccasionalCar LLC to terminate your participation in OccasionalCar for good cause based on the Driving History Report or failure to pay monthly or usage fees on a timely basis.

4.) Release OccasionalCar LLC, its parent, related/affiliated companies, and any of their agents, and each of their employees, directors and officers for any and all liability arising out of resulting from your authorization herein and the OccasionalCar LLC’s decision to terminate your participation in OccasionalCar as provided herein.

OccasionalCar Insurance

I acknowledge that a OccasionalCar Vehicle will be insured under an insurance policy. I agree that the coverage(s), coverage limits, terms and conditions of that policy will apply and furthermore I agree that I am responsible for any applicable deductibles as set forth therein. I acknowledge that a copy of the insurance policy will be provided to me upon my request.

Damage Waiver

I acknowledge that each OccasionalCar member is provided a damage waiver in the event an OccasionalCar sustains loss or damage as a result of an accident. I agree that the damage waiver is effective only during a valid reservation for my reserved vehicle. I agree that the damage waiver is specifically subject to the following:

1.) I am responsible for the first $1,000.00 of loss or damage to the OccasionalCar UNLESS the Damage waiver is selected at the time of confirming a reservation.

2) Selection of the Damage waiver reduces my responsibility to $100 from $1,000 in the event of an accident

3.) I agree that the damage waiver does not apply to any damage or loss caused by my intentional or reckless acts or omissions, including but not limited to any misuse or abuse of the OccasionalCar.

Warranty Disclaimer

OCCASIONALCAR LLC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

FURTHERMORE AND SPECIFICALLY, OccasionalCar LLC. DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT A OCCASIONALCAR VEHICLE WILL BE ALWAYS BE AVAILABLE FOR YOUR USE AND THAT A OCCASIONALCAR VEHICLE WILL BE WITHOUT NEED OF REPAIR OR IN GOOD WORKING. ORDER. OccasionalCar LLC DOES NOT WARRANT THE ACTIONS OR OMISSIONS OF A MANUFACTURER OR REPAIRER OF THE OCCASIONALCAR VEHICLE.

Your Indemnification of OccasionalCar

You shall indemnify, defend and hold harmless OccasionalCar LLC., its parent and/or related/affiliated companies, and each of their directors, officers, agents, employees, subcontractors and independent contractors, and each of them, from and against any and all third party claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred or to be incurred, arising out of or resulting from, your operation of the OccasionalCar Vehicle, any failure to abide by the terms of this Agreement and/or the Member Handbook, or as a result of your negligent or intentional acts or omissions.

Limitation of OccasionalCar Liability

OCCASIONALCAR LLC. SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR FOR YOUR USE OF THE OCCASIONALCAR VEHICLE, EVEN IF THE OCCASIONALCAR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES.

Termination of Agreement

You have the right to terminate your status as a Member at any time, with or without cause, with notice to OccasionalCar. OccasionalCar reserves the right to terminate your status as a Member at any time, with or without cause, with notice to you. You agree that upon any termination, you shall immediately return to that designated OCCASIONALCAR location all OccasionalCar property (such as keys, keyfobs or keycards). Furthermore, upon any termination of your membership, you will be liable for all amounts due and owing to OccasionalCar LLC. and you agree that you may receive a refund of any funds due to you, less all outstanding amounts due and owning to OccasionalCar LLC., within a reasonable time.

Arbitration of Disputes

By agreeing to the arbitrate the disputes that are subject to this Agreement, you (hereinafter "You" or the "Customer") and that OccasionalCar LLC (hereinafter "Company") agree to have all disputes between You decided by an independent and neutral arbitrator.

You are giving up your right to go to court to assert or defend your rights under or in connection with this Agreement (except for matters that may be taken to small claims court). You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as a court order and are subject to a very limited review by a court. For more information, go to: www.adr.org

Company hopes that it will not have any disputes with its customers. However, Company acknowledges that some disputes and claims may arise. Company believes it is in the best interest of its customers and Company to resolve any disputes in a forum that provides the fastest and fairest method for resolving them. Arbitration will not limit your rights of recovery by law or statue, including, but not limited to, the right to recover fees and costs.

You hereby acknowledge that the Agreement is between You, the customer, and Company. You acknowledge and agree that this Agreement shall be governed by the Federal Arbitration Act. You acknowledge and agree that the Member Agreement consists of all the terms and conditions set forth in the Agreement and the Member Handbook. Except as expressly provided herein, you and Company agree to submit any and all claims to this Agreement, or the breach hereof (collectively "Claims"), to binding arbitration before the American Arbitration Association ("AAA") in accordance with the Supplementary Procedures for Resolution of Consumer Related Disputes, and judgment may be entered on the award rendered by the arbitrator(s) in any court having jurisdiction thereof. You also agree to submit all Claims You may bring against Company’s affiliated corporations to binding arbitration as provided. The arbitrator to be selected by the parties pursuant to the Rules of The America Arbitration Association must be a retired judge of the state trial court. This arbitration requirement does not apply to (a) claims that may be brought in small claims court, or (b) collection action that may be assigned by Company to a collection agency in the event of your failure to pay Company amounts that may be due under the Agreement.

Claims must be brought in the name of the individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not have authority to award relief for or against anyone other than the parties to this Agreement. If You or Company requires arbitration of a Claim, neither You nor Company, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may any such Claim be pursued on Customer or Company’s behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. The arbitrator may award relief only on an individual (non-class, non-representative). If you or Company submits a request for binding arbitration, your maximum out-of-pocket expenses for the arbitrator and the administrative cost of the AAA will be an amount equal to the civil court filing fee and that Company will pay all of the remaining fee and administrative costs of the arbitrator and the AAA. If a court or the Arbitrator finds any provision of the clause unenforceable, that provision may be served without affecting the agreement to arbitrate.

You agree that no employee of Company or any affiliated company has authority to modify the written terms and condition of the Agreement, and that any modification of the Agreement may only be in writing signed by you and a Company representative.

This Agreement shall be binding upon your heirs, assigns and representatives.

OccasionalCar LLC entities:

OccasionalCar LLC

Last revised March 31, 2008