Black Car Dot Limousine Service
Service in greater New York City, nationwide, and across the globe

WHEREAS, the Company provides transportation services to persons (“Riders”) by enabling them to connect with independent providers of passenger transportation services by contacting the Company, who in turn enable authorized transportation providers, Drivers, to seek, receive and fulfill requests for Driving Service Jobs (defined below) from Riders. You are entering into this Agreement for the purpose of providing Transportation Services to Riders using the Company Services; and
WHEREAS, in order to be an authorized independent contractor Driver for the Company, you must agree to the below terms and conditions.
IMPORTANT: PLEASE REVIEW CAREFULLY, AMONG OTHER THINGS, THE ARBITATION PROVISION SET FORTH BELOW. UNLESS YOU OPT OUT OF THAT PROVISION AT THE TIME YOU SIGN THIS AGREEMENT, YOU WILL BE REQUIRED TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITATION.BY YOUR ENTERING INTO THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT.
NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties agree as follows:
Return of Property. Upon the expiration or sooner termination of this Agreement, Driver agrees to immediately return to the Company all Company property, in the condition delivered to Driver, ordinary wear and tear excepted.
Driver further agrees to protect, defend, indemnify and hold Company, and its parent, affiliates, successors, assigns, heirs, and each of its shareholders, directors, officers, employees, insurers, agents, and representatives(including, without limitation, attorneys, and financial representatives) (collectively, the “Indemnified Parties”), harmless from and against any and all claims, demands, actions, suits, proceedings, demands, liabilities, losses, assessments, judgements, arbitration awards, damages, costs or expenses of any kind or nature whatsoever, including any Indemnified Party’s attorney’s fees and costs at all levels(including, without limitation of the foregoing, those relating to actual or alleged death or injury to individuals and damage to property), actually or allegedly, directly or indirectly, arising or resulting from or connected with:
Driver further acknowledges and agrees that Company shall have no liability for and shall not provide Workers’ Compensation coverage for Driver or any of Driver’s employees or agents, including Authorized Driver Employees, for any injuries sustained while performing any Driving Services pursuant to this Agreement. Driver acknowledges and agrees that Company may choose its attorneys to represent the Indemnified Parties in defense of any claim, demand or action for which Driver has agreed to indemnify the Indemnified Parties hereunder. The parties agree that this indemnification and hold harmless provision shall survive the expiration or termination of this Agreement for any reason.
(a) Other than claims by Company regarding the intellectual property rights of the Company or Licensor and any action for injunctive relief or specific performance as provided for in Section 10, which shall be determined in a court of law, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Company will be subject to arbitration pursuant to Section 19(b).
(b) Agreement to arbitrate
Important Note Regarding this Agreement to Arbitrate:
IMPORTANT: This agreement to arbitrate will require you to resolve any claim that you may have against the Company or any of its affiliates, including Licensor, on an individual basis pursuant to the terms of this Agreement. This Agreement to arbitrate precludes you from bringing any class, collective, or representative action against the Company or any of its affiliates including Licensor. It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought by someone else against the Company or any of its affiliates including Licensor. IN THAT REGARD, DRIVER UNDERSTAND AND ACKNOWLEDGES THAT BY SIGNING THIS AGREEMENT DRIVER SPECIFICALLY WAIVES ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION AS AGAINST COMPANY, REGARDLESS WHETHER IN COURT OR IN ARBITRATION. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT, ARBITRATOR OR ANY OTHER TRIBUNAL, YOU WILL “OPT OUT” OF SUCH CLASS OF THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOUR BEHALF YOU SHALL WAIVE YOUR RIGHTS TO MONETARY RECOVERY WITH RESPECT TO SUCH CLAIMS.
You may opt out of this Agreement to arbitrate by so indicating at the time you enter into this Agreement, by clicking or checking the opt-out box below.
Subject to Section 16 the parties agree that, pursuant to the Federal Arbitration Act (the “FAA”), any and all disputes between you and the Company, or any of the Company’s affiliates, including Licensor, including, but not limited to, disputes in connection with the performance of Transportation Services or in connection with any future relationship of any kind between you and the Company, will be subject to binding arbitration governed and settled by an impartial independent Arbitrator appointed by an American Arbitration Association in New York and the determination of the Arbitrator shall be final and binding( except to the extent there exist grounds for vacatur of an award under applicable arbitration statutes). The Agreement to arbitrate contained in the Section 19 (b) shall remain in full force after expiration or termination of this Agreement. The place of the Arbitration shall be the Borough of Manhattan, the City of New York. To the fullest extent permitted by law, the Arbitrator shall apply the commercial arbitration rules of the American Arbitration Association and Title 9 of the U.S Code, except to the extent that such rules conflict with the provisions of the Section 19(b) in which event the provisions of this Section 16 shall control.
If you initiate arbitration under this Agreement, you must pay the first $150 of any filing fee charged by the American Arbitration Association. The Company will advance all other fees and expenses of the Arbitrator and of the American Arbitration Association. THE PARTIES WAIVE ANY RIGHT TO LITIGATE ANY CONTROVERSIES, DISPUTES, OR CLAIMS ARISING OUT OF THIS AGREEMENT IN A COURT OF LAW (EXCEPT AS PROVIDED IN SECTION 16). ALL PARTIES SHALL HAVE THE RIGHT TO BE REPRESENTED BY LEGAL COUNSEL AT ARBITRATION. THE ARBITRATOR SHALL HAVE THE POWER TO PERMIT REASONABLE DISCOVERY. THE ARBITRATOR’S DECISION SHALL BE IN WRITING AND SHALL CONTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW. THE ARBITRATOR’S DECISION SHALL BE FINAL, SUBJECT THE ONLY TO REVIEW PURSUANT TO THE FAA. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY, TO EXCLUSION OF ANY COURT, TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ENFORCEABILITY OF ANY PART OF THIS AGREEMENT TO ARBITRATE. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THEN FOR CLAIMS OF INDEMNITY UNDER SECTION 10 HEREIN, ARBITRATION MUST BE INITIATED WITH ONE (1) YEAR FROM THE DATE A CLAIM HERETOFORE AROSE OR HEREAFTER ARISES OR SHALL FOREEVER BE WAIVED ANALL OTHER PROCEEDING BARRED.
You hereby acknowledge that you have read and understand Section 19 (b), as well as all the other Sections of this Agreement, and have been given the opportunity to ask questions and consult with the attorney.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING ANY SERVICES TO BE PROVIDE BY COMPANY OR ANY OF ITS AFFILIATES EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND YOU WAIVE ANY WARANTY OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. COMPANY AND ITS AFFILIATES PROVIDE, AND YOU ACCEPT, THE COMPANY SERICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE COMPANY SERVICES: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR TRANSPORTATION SERVICES. COMPANY AND ITS AFFILIATES FUNCTION AS AN ON-DEMAND LEAD GENERATION AND RELATED SERVICE AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE RIDERS WHO MAY REQUEST OR RECEIVE TRANSPORTATION SERVICES FROM YOU, AND COMPANY AND ITS AFFILATES DO NOT SCREEN OR OTHERWISE EVALUATE RIDERS. BY USING THE COMPANY SERVICES, YOU ACKNOWLEGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PATIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF COMPANY SERVICES. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMMISION OF YOU, ANY RIDER OR THIRD PARTY.
THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S DAMAGE, OR LESS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU PURSUANT TO SECTION 4 AND SECTION 5 ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO.
You acknowledge that you have read and understand the contents of this Agreement, that you have received a copy of it and that you agree to be bound by it.
COMPANY
BLACK CAR DOT LIMOUSINE LLC