Clients of Chofer (hereinafter “Chofer”) agree to the following: The undersigned (hereinafter "Client"), desiring to join Chofer and enjoy the benefits of Chofer Membership and/or requests driving services through or from Chofer, hereby executes this Agreement (the "Agreement") and agrees to be bound by all of the provisions contained herein. 
1. Services. Clients may subscribe to becoming a Member of Chofer (the "Service") or request driving services through or from Chofer. The Service connects Clients with personal drivers who operate the Client’s own vehicle to transport them from one location to another. In some cases, the Service may include transporting the Client’s vehicle without the Client being present.
Chofer is not a taxi or limousine service. All Chofer drivers (each, a "Driver," and collectively, the "Drivers") are independent contractors, not employees of Chofer. Chofer provides Clients with access to a network of highly qualified and certified independent drivers while managing service coordination and administration through its technology platforms.
2. Term. Clients may choose to become a Member of Chofer or request Chofer Services as a non-Member. The term of the membership shall be a minimum of one year, commencing upon registration, issuance of Membership, and agreement to these Terms of Service. Unless other payment arrangements are made with Chofer, the membership fee, if any, will be paid in advance or automatically billed to the Member's designated credit card account or other authorized billing source (e.g., a debit card) on a recurring basis. This Agreement shall automatically renew for additional terms equal to the initial term unless either the Member or Chofer provides written notice of termination at least 30 days prior to the expiration of the then-current term. A Member may terminate this Agreement and membership at any time after the initial 12-month period by providing written (including electronic) notice to Chofer. If a member cancels the membership before the end of the current paid term, the Member will not be entitled to a refund of any portion of the membership fee. The Member will remain liable for any other outstanding fees or charges due under this Agreement.
Chofer reserves the right to terminate this Agreement and the Service at any time, without cause, with at least 30 days' notice to the Member. If Chofer terminates the Agreement without cause, Chofer will refund any prepaid usage fees and a prorated amount of the membership fee. Chofer may also terminate this Agreement without prior notice for "cause," including but not limited to a breach of this Agreement by the Member. If Chofer terminates this Agreement for cause, the Member shall not be entitled to a refund of any prepaid usage fees or the membership fee.
3. Fees. Members will pay Chofer a membership fee based on Chofer's standard fee schedule for Individual, Family, Corporate, or other Membership categories. In addition, Members and Clients will pay usage fees and other applicable charges according to Chofer's standard fee schedule, available at www.chofer.co. Chofer reserves the right to modify its fee schedule at any time with at least 30 days' written notice (including electronic notice). If a member objects to a fee increase within 30 days of its posting, the Member may terminate this Agreement and receive a pro-rated refund of the membership fee but will remain responsible for all outstanding usage fees. Unless otherwise arranged with Chofer, membership and usage fees will be automatically billed to the Member's designated credit or debit card. Members using a debit card acknowledge that Chofer is not responsible for any fees or penalties resulting from insufficient funds, bounced checks, or other related charges. A valid credit or debit card must remain on file with Chofer for continued access to the Service. Chofer may charge the Member’s payment method monthly for Services used during the prior month or may choose to process usage fees as they are incurred.
Once a payment account is on file, Chofer may receive automatic updates from the financial institution to keep payment details current. If a member disputes any fees or charges, they must notify Chofer in writing (including electronic communication) within 30 days of the charge being incurred. Failure to dispute a charge within this timeframe will be considered acceptance of the charge.
Any overdue amount will accrue interest at the lowest level of 18% per annum or the highest rate permitted by law, starting from the due date until payment is received.
4. Representations and Warranties of Members. Client represents and warrants to Chofer and its drivers that, as of the date of this Agreement and each time they request Chofer's services, the following statements are true: Prior to requesting service, Client may be required to provide Chofer with certain vehicle details, including but not limited to make, model, color, license plate number, and VIN ("Vehicle(s)").
Client is the rightful owner, lessee, or authorized caretaker of any Vehicle provided for service. The Vehicle’s registration, license tags, and insurance are current and comply with state law, with coverage meeting or exceeding the minimum required amounts. The Vehicle is in good working condition, complies with applicable laws, and has no defects or issues that would make it unsafe to drive.
The Vehicle does not contain contraband, illegal substances, or any items prohibited for public transport. The Vehicle has sufficient fuel to reach the designated drop-off location. The Service will be used solely for personal, non-commercial purposes by the Client and their immediate family (spouse, parent, or child residing in the same household). Reselling the Service is strictly prohibited. The credit or debit card information provided to Chofer is accurate and valid, and the Client has the authority to make payments using the designated payment method. There is sufficient credit or funds available on the provided payment method to cover the cost of the services. Client is at least 18 years of age or older.
5. Client Covenants and Authorizations. Client agrees to the following terms and authorizes Chofer and its Drivers accordingly: Authorization for Vehicle Operation: Client permits the Driver to operate Client’s Vehicle as necessary to provide the services outlined in this Agreement. Compliance with Laws: Client agrees to obey all applicable civil and criminal laws, including but not limited to seat belt and open container laws.
Cancellation and No-Show Fees: A $25.00 fee will be charged if Client fails to cancel a reservation or meet the Driver at the pre-arranged pick-up point, unless canceled at least one hour prior to the scheduled time or per the terms of Client’s membership level. This fee will be billed to Client’s credit card. Additional Costs: Client is responsible for any fuel, tolls, incidentals, and parking fees incurred during transportation. These charges will be billed to Client’s credit card along with a 10% processing/administrative fee. Driver Conduct and Interaction: Client agrees to always treat Drivers with respect and courtesy and to avoid unnecessary physical contact before, during, and after transportation. Payment of Usage Fees: Client agrees to pay all usage charges as specified in their agreement. These charges will be billed directly to Client’s credit card on file, in accordance with the terms of their membership. Gratuities: Drivers rely on gratuities for their service. A gratuity will be added to the usage fees for convenience, with additional gratuities appreciated for exceptional service. If dissatisfied, Client may request a gratuity adjustment by contacting Chofer the next business day. Responsibility for Vehicle Expenses: Client is responsible for any expenses necessary to complete transportation, including but not limited to: Fuel costs if the Driver determines the Vehicle has insufficient fuel to reach the drop-off location. Towing or emergency roadside services due to mechanical failure. Parking fees, tolls, and valet charges. A 10% administrative fee will be added to any such expenses paid on Client’s behalf. Emergency Medical Care Authorization: If Client is injured or becomes ill during transport, Chofer or the Driver is authorized to seek emergency medical assistance as needed. Vehicle Handling in Emergencies: If an emergency occurs, Chofer is authorized to: Park and secure Client’s Vehicle in a hospital or urgent care parking lot. Retain the Vehicle’s keys until an authorized individual (Client, family member, or designated contact) requests their release. Attempt to contact individuals associated with the Client’s account in case of an emergency.
6. Client Acknowledgements. The client acknowledges and agrees that, in exchange for the privileges and peace of mind provided by the Chofer platform: (a) Client releases Chofer its owners, managers, employees, independent contractors, agents, and Drivers from any and all liability, including negligence, for any injury (including death) or property damage that may occur in connection with the Chofer Service. (b) Client agrees not to initiate any legal proceedings against Chofer, its members, managers, employees, independent contractors, agents, or drivers for any such claims for damages covered by this release. Client acknowledges that using the Chofer Service involves inherent risks, including but not limited to the risks associated with travel, riding in a vehicle, and allowing another person to operate Client’s vehicle. Despite these risks, Client voluntarily chooses to use the service and assumes full responsibility for any potential harm or damage that may occur.
7. Reservation of Rights by Chofer. Chofer reserves the right to refuse service to any Client, Member, or other individual if, in the Driver’s sole discretion, providing the service would be unsafe. This includes, but is not limited to, the following circumstances: Threats to Driver Safety: Client or another person is armed, belligerent, violent, or verbally or physically threatening or abusive. Unsafe Vehicle Conditions: The vehicle is deemed unsafe to operate. Unsafe Pickup Location: The requested pickup location is determined by the Driver to be unsafe. The Driver’s decision regarding safety concerns is final and made at their sole discretion.
8. Limitation of Liability. Without limiting any other provisions of this Agreement, the total liability of Chofer and its drivers for failure to perform under this Agreement, or for any injury or damage arising from the use of the Chofer Service, shall be limited to $500. In no event shall Chofer or its Drivers be liable for special, incidental, consequential, exemplary, or punitive damages, even if advised of the possibility of such damages. Client acknowledges and agrees that the limitation of liability and indemnification provisions of this Agreement extend to and bind the Client’s family, heirs, assigns, and personal representatives. Client hereby forever releases, acquits, and discharges Chofer from any or all liabilities, claims, demands, actions, or causes of action related to monetary damage or personal injury sustained as a result of or during the use of the Service. The sole recourse available to a Client who is a Member shall be the cancellation of their membership. In the event of an accident involving the Client’s Vehicle, and if it is determined by law enforcement or a final, non-appealable judgment that the Driver was at fault, Chofer will contribute up to $500.00 toward the Client’s insurance deductible. This shall be Chofers’s sole liability for any damage to the Vehicle or injuries to its occupants. Client agrees to seek any further compensation exclusively through Chofers insurance policy and/or the Client’s personal automobile insurance policy in the event of an accident.
9. Disclaimer of Warranties. Chofer makes no guarantees regarding the availability of its Services at all times. Services are subject to availability, and Chofer assumes no liability if all Drivers are booked at the time a Service is requested. Chofer shall not be liable for any delays, interruptions, or failure to provide Service due to factors beyond its reasonable control, including but not limited to: Inclement weather, Traffic conditions, Construction delays, Road closures, Acts of God or unforeseen circumstances. Client acknowledges that these factors may impact the timing and availability of the Service and agrees that Chofer shall not be held responsible for any resulting inconveniences or damages.
10. Indemnification. Client agrees to indemnify, defend, and hold harmless Chofer, its owners, employees, independent contractors, agents, and Drivers from and against any and all losses, claims, liabilities, damages, fines, penalties, and expenses (including reasonable attorney’s fees) arising from or resulting from: Client’s breach of any representations, warranties, or covenants outlined in this Agreement. Client’s violation of any applicable law or regulation in connection with the use of the Service. Any claims or damages related to the Client’s actions, including misconduct or negligence while using the Service. This obligation to indemnify shall survive the termination of this Agreement and apply to any claims or liabilities arising even after the Client has ceased using the Service.
11. Entire Agreement.  This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter contained herein. Except as otherwise specified in this Agreement, any amendments or modifications to this Agreement may only be made by the mutual written agreement (including electronic consent) of the parties. Notwithstanding the above, Chofer reserves the right to: Change usage fees and other pricing with at least 30 days' notice to the Member. Change, add, or delete any services offered, and implement additional policies and procedures without the explicit consent of the Client or Member, provided that such changes do not materially alter the obligations of the parties under this Agreement. In the event any change materially affects the Service or results in higher costs for the Member, the Member may:
Cancel this Agreement by notifying Chofer within 30 days of the notice of the change, or Accept the change and continue using the Service under the new terms. Failure of the Member to object to any such change within 30 days of receiving notice shall be deemed as an acceptance of the change. A current copy of the Terms of Service and Chofer’s policies and procedures will always be available at www.chofer.co.
12. Governing Law.  This Agreement is governed by the laws of the State of New York, without regard to any conflicts of law principles. Venue for any litigation arising out of or related to this Agreement shall be proper solely in Erie County, New York. The parties hereby irrevocably consent to the personal jurisdiction of the state and federal courts located in Erie County, New York.
13. Severability.  If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed from the Agreement, and the remaining provisions will continue to be in full force and effect.
14. Attorney Fees. In the event of any litigation arising from this Agreement, the prevailing party shall be entitled to an award of their court costs, expenses, and attorney fees incurred at all trial and appellate levels, in addition to any other relief to which they may be entitled.
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns. Each Driver is designated as a third-party beneficiary of this Agreement, with the right to enforce its provisions.
16. Force Majeure. In the event that the performance by either party of its obligations under this Agreement (except for the payment of any monies due) is prevented, restricted, or interfered with due to reasons beyond the reasonable control of the affected party, including but not limited to: Fire or other casualty or accident, Strikes or labor disputes, Unavailability of materials, power, or supplies, War or other violence, Any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency or intergovernmental body, Any other act or condition whatsoever beyond the reasonable control of the party affected. The affected party shall be excused from such performance to the extent of such prevention, restriction, or interference.
17. Acceptance of Agreement by Chofer. Chofer, Inc. will be deemed to have accepted this Agreement without execution upon the acceptance of payment of the annual membership fee and the issuance of a Member Number to the Member. By joining Chofer electronically without a manual signature or by requesting service and electronically agreeing to the terms of service, the Client or Member acknowledges that they have read and understood this Agreement and agree to be legally bound by its terms.