I agree to observe and be bound by both the Rules and Manual including any amendments to either document or additions of any Policies & Procedures. They form part of this contract. I recognize that KCC’s Board of Directors may amend the Manual and that members of KCC may amend the Rules.

1. Definitions

   In this agreement,
   KCC means Kootenay Carshare Cooperative;
   Applicants means perspective clients of KCC;
   Vehicles means a vehicle owned/leased by KCC and includes any equipment in the vehicle;
   Driver means a driver whose name appears on the List of Drivers of a registered business or non-profit;
   Office Manager means the Administrative Coordinator designated by the Board of Directors of Kootenay Carshare Cooperative; and
   Business Price List means the price list, including any amendments to it.

2. KCC’s acceptance of our application is subject to the membership share deposit and a successful check of the driver’s license, driving record, and insurance claims history of all prospective drivers of KCC vehicles.
3. A membership share deposit is required upon application. This deposit will be refunded if the application is not accepted by KCC. The membership share deposit serves as security for any liabilities owing to KCC resulting from this Agreement.
4. Upon acceptance, KCC will, subject to all the Terms and Conditions, and the Membership Manual:
   
   • provide the Client with access to vehicles owned, leased or rented by it (“Vehicles”), and
   • pay for Vehicle related expenses such as gas, tires, maintenance and pre-approved repairs.
5. KCC will ensure Vehicles are clean, reliable and well maintained. KCC will periodically inspect the Vehicles. As these are shared Vehicles in a shared vehicle environment, it is understood that no attendants visit and inspect the Vehicles before usage. Vehicles are accepted in an ‘as is’ condition.
6. The Client will be responsible for paying any fees, expenses, liens, and fines as set out in the Membership Manual. This money will be a debt due and payable to KCC and KCC will have a lien on the security deposit to cover the full amount owing. Any amount due and payable will be set off against the security deposit balance, and will only be restored once all debts have been paid.
7. Clients are bound by the current Price List and pay for usage as billed. A bill will arrive monthly and must be paid withing fifteen days. If an overdue amount exceeds $25.00 a late payment charge of 2.2% per month, compounded monthly, may be charged on the total overdue amount. Payment can be made by cheque, cash, electronic or bill payment. Payment option information is located in the on the website.
8. KCC will ensure that Vehicles are insured under a comprehensive insurance policy, the details of which are available from KCC. KCC will only be liable for any damages arising out of use of a Vehicle if KCC’s gross negligence has caused or contributed to the damages. The Client waives any right it may have to sue or make claims against KCC and its directors, officers, employees or clients for damages arising from the fitness or condition of a Vehicle, except in cases of gross negligence. The Client also waives any right it may have to sue or make claims against KCC and its directors, officers, affiliates, employees, or clients for a Vehicle not being available at the time it was booked.

Driver Orientation

9. Participation in KCC requires from each driver:
   
   • A valid driver’s license;
   • At least 3 years’ driving history;
   • 3 or fewer traffic violations in the last five years;
   • No at-fault accidents in the past three years;
   • No criminal code convictions under the Motor Vehicles Act; and
   • Mandatory participation and completion of an orientation.
   A Driving Record, Claims History, and Orientation Certificate are required to confirm each driver’s compliance with these terms.
10. All Drivers must carry a valid driver’s license and adhere to all the rules and regulations found in the Membership Manual.
11. KCC will advise the Client of any violations of any rules by their Drivers. In the event of multiple or serious violations KCC reserves the right to suspend the driving privileges of any Driver without notice.
12. If a Client becomes aware of any reason affecting a Driver’s ability to drive it is the Client’s responsibility to advise KCC immediately. Failure to do so may result in the termination of this agreement without notice.

Refueling and Washing

13. The Client will be reimbursed the costs of refueling and washing the vehicle where the following is provided: a copy of detailed gasoline receipts and car wash charges to CCC marked with the Client name. It is the Driver’s responsibility to ensure that the CCC Vehicle’s gas tank is a minimum 1/2 full on return and is returned clean.

Treatment and Operation of Vehicles

14. Clients must ensure that all Drivers properly maintain KCC Vehicles. The Client will be liable for any failure on the part of the Driver to maintain properly a KCC Vehicle including any damage to the Vehicle as a consequence of that failure.
15. All Drivers are expected to adhere to all laws respecting the operation of motor vehicles and road safety.
    
    KCC retains a zero-tolerance policy towards the following;
    • driven in any race or competition,
    used for any illegal purpose,
    • used while the Driver is under the influence of any intoxicating substance, or
    • used when either the Driver or any passengers are consuming any intoxicating substance
    Failure to abide by these rules may result in the suspension of a Driver’s privileges without notice and may lead to the termination of this agreement.

Accidents and Damage

16. Any accident or damage in connection with a KCC Vehicle must be immediately reported to the Administrative Coordinator by phone at 250-352-2704 or in person and to the police. Drivers are obliged to secure evidence from any available witnesses and to provide KCC with a written description of the accident and the damage incurred.
17. If:
    1. there is any loss of or damage to Vehicles, including the costs of temporarily replacing a KCC Vehicle during repairs,
    2. there are any claims by third parties against KCC, the Driver authorized by the Client, which are not covered or defended by KCC’s insurance policy and arise out of the use of a KCC Vehicle, or
    3. there are any increases in insurance fees caused by the results of such accident with a KCC Vehicle, the Client will be responsible for the loss, damage or claim.
    The Liability will normally include the insurance deductible of $500. plus half of any costs for the accident between $500. and $2,000. The Client may also be liable for the entire cost of Vehicle repair or replacement and claims made by third parities if KCC’s insurance policy does not apply (for instance, because a Driver has driven while intoxicated). If, during the time the Vehicle has been booked damage occurs or there is a claim, the Client will be liable for such damages.
    
    The Client will be deemed to be using the Vehicle and be responsible for any costs incurred by KCC. If a repair either costs $200. or less or has been approved in writing by the Administrative Coordinator, the Client may arrange to have it completed at its own expense. KCC must be immediately informed of any such repair.

Liens and Impoundments

18. If the Vehicle is towed and impounded for illegal parking while booked by a KCC Driver, the Client is responsible for recovering the Vehicle and paying any costs arising from the Vehicle being towed.
19. If, without the approval of KCC a lien is placed on a KCC Vehicle or the Vehicle is impounded (for instance, by failing to pay for repairs) the Client is responsible for any such costs, court and legal fees incurred by KCC in pursuing the speedy return of the Vehicle as well as any service charges.

Suspension if Payments in Arrears

20. The Board may suspend all Drivers’ driving privileges if there is a default in paying any amount owing to KCC. This may be done, without notice, one week after a second reminder is sent to the Client by email or regular mail to the address provided. In the event of a suspension of driving privileges or termination it is the Client’s responsibility to ensure that each Driver is informed. Additional fees may be charged. The suspension remains in effect until such time as any amounts owing have been paid, including any interest accrued. An administrative fee may be charged.

Termination by Client

21. The Client may terminate this agreement upon two weeks written notice, after the agreement has been in operation for a minimum of 6 months. Refund of the security deposit will occur withing 90 days of the request and will be subject to all applicable charges and fees owing at the time of termination.

Severability

22. If any single part of this agreement is found to be legally ineffective it shall not affect the validity of the rest.

Notice

23. As required in this agreement, notice from KCC will be sent to the address provided in the Agreement. Address changes must be provided to KCC in writing.