Provide your contact information to enter your contract pages for your TESdriver, LLC subscription agreement.
THIS VEHICLE SUBSCRIPTION AGREEMENT (this “Subscription”)
of the first part
of the second part
IN THE CONSIDERATION of the mutual covenants and promises in this Subscription and other valuable consideration, the sufficiency of which consideration the Parties hereby acknowledge, the Subscriber, subscribes to the Vehicle described in this subscription to the Subscriber, and the Subscriber, subscribes to the Vehicle from the Company on the following terms:
This section will remain with blanks until you are matched up with a vehicle, it is the purposes of the final executed document that you see and agree to these terms that will be based on the budget noted below.
Vehicle Subscription Cost Range
$354-494 per week
The Subscriber desires to subscribe to the vehicle described as used ______ (year, make, model), with vehicle identification number ______ (the “Vehicle”) to the Subscriber, and the Subscriber desires to subscribe to the Vehicle from the Company for professional and/or personal use.
The Company owns the Vehicle that is subject to this Subscription Agreement.
The term of the subscription is one week.
This subscription includes unlimited in state miles. The Subscriber will not be required to pay any fees for miles used within the state where the subscription was signed.
The Subscriber will provide a down payment by way of the first week or 7 days’ payment of $______(equal to 1 week's subscription).
The total amount payable by the Subscriber upon signing this subscription agreement is $______(equal to 1 week's subscription for each week of the duration of the subscription).
The weekly payment under this subscription is $______ plus tolls, supercharging use, and any other agreed upon items between THE Parties.
Weekly Payments may be made by the Subscriber through the electronic delivery system provided by the Company to the Subscriber (ACH transfer or credit/debit card payment).
Except as provided in this subscription, no warranties, either express or implied, statutory or otherwise, as to any matter whatsoever, have been given by the Company.
The Subscriber will assume all risk of the loss and damage to the Vehicle.
The Subscriber agrees to co-operate with the Company and the insurance company in pursuing or defending any claim or action resulting from the use of the Vehicle. Any award or money the Company receives as a result of a claim is to be assigned to the Company. If the Subscriber fails to maintain insurance eligibility or if a claim is denied by the Company's insurance policy for any reason, the Subscriber remains responsible to pay the total cost of the claim.
The Subscriber agrees to indemnify the Company from any loss, and in order to prevent such loss, the Subscriber will do the following:
keep the Vehicle free of encumbrances, such as fines and liens;
indemnify the Company from all claims and expenses resulting from the maintenance and use of the Vehicle; and
pay all amounts owed under this subscription without deducting any amounts the Subscriber claims to be owed by the Company.
The Subscriber is prohibited from using, transferring, or altering the Vehicle, as follows:
the Vehicle is not to be used by drivers without an appropriate license or those restricted under the Insurance Policy;
the Vehicle is not to be used illegally, in a manner contrary to the Insurance Policy;
the Subscriber will not transfer or assign this subscription, or ownership of the Vehicle, to a third party, except with the Company's prior written consent. The Subscriber will also ensure that the Vehicle is not seized, confiscated, or involuntarily transferred, even if the Vehicle is the subject of judicial or administrative proceedings;
the Subscriber will not remove the Vehicle from the state in which this subscription is signed without the Company's prior written consent, with the exception of trips within continental North America of less than 14 days; and
the Subscriber will not install accessories in the Vehicle, or alter the Vehicle in any way, without the Company's prior written consent.
The Subscriber will pay supercharging fees except where otherwise agreed upon between THE Parties.
The Subscriber acknowledges that the Vehicle has been inspected and the Subscriber accepts the Vehicle as being in a good state of repair, not including manufacturer’s defects which would not have been visible upon inspection.
The Company has the right to inspect the Vehicle, without prior notice, at all reasonable times during the Term of this subscription.
Event of Default
The Subscriber will be in default under this subscription if:
the Subscriber fails to make Weekly Payments by the due date;
a bankruptcy, receivership, or insolvency proceeding is initiated by the Subscriber or against the Company;
a creditor or a government authority seizes the Vehicle;
the Subscriber has misrepresented personal or financial information;
the Subscriber is no longer living;
the Vehicle is stolen or damaged beyond repair;
the Vehicle is not returned at the end of the Term; or
the Subscriber breaches any other term of this subscription.
In the event that the Subscriber defaults under this subscription, the Subscriber will be required to pay the amounts applicable to the Vehicle during the remainder of the Term.
If the Subscriber defaults under this subscription, the Company will pursue remedies outlined in this subscription, in addition any other remedies allowed by law. If the Subscriber defaults, the Company may terminate this subscription, and recover the Vehicle and sue the Subscriber for damages.
Excessive Wear and Tear
The Subscriber is responsible for ensuring that the Vehicle is maintained and is kept in good repair. Regular maintenance and repair includes, but is not limited to, the excessive wear and tear provisions below. The Company is to pay the costs of regular maintenance and any costs for repairs not covered by warranty is the responsibility of the Subscriber.
Excessive wear and tear will include, but is not limited to, the following, even if covered by the Subscriber's Insurance Policy:
cracked, damaged, or tinted glass;
dented or damaged body panels, fenders, lights, or paint;
Missing equipment or accessories that were provided with the Vehicle, including but not limited to charging cables, towing equipment, and charger adaptors;
tires with less than 3mm of tread remaining at the lowest point (not held responsible if you do your rotations);
damage to the interior of the Vehicle, including but not limited to dash, seats, floor covering, upholstery, truck liner, and center console (if applicable); or
mechanical damage that affects the safe, proper, or lawful operation of the Vehicle, which would include damage that causes the Vehicle to fail a safety inspection in the state where the subscription is signed.
If the Vehicle has excess wear and tear, there will be a charge to the Subscriber for the excess wear and tear.
During the Term, damaged or lost parts, equipment, or accessories may be replaced with items of equal or better quality and construction, and replacement items that meet this standard will be accepted as original items, upon return of the Vehicle.
Returning the Vehicle
When the Subscriber returns the Vehicle at the end of the subscription, the Subscriber must pay the following amount: the cost of repairs needed as a result of excess wear and tear.
The Subscriber may return the Vehicle at any time during the subscription, by paying the following amounts:
120% of the Weekly Payment divided by seven then multiplied by the number of days remaining in the Term;
the cost of repairs needed as a result of excess wear and tear; and
any outstanding amounts under this subscription.
After the Subscriber has returned the Vehicle and paid any required costs and fees, the Company will return the following amounts, or the remaining portions of these amounts, to the Subscriber: Any money received from an insurance claim or action that is not used to repair or replace the Vehicle.
This subscription may not be assigned to a third party without the Subscriber's prior written consent and approval.
This subscription will pass to the benefit of and be binding upon the Subscriber's respective heirs, executors, administrators, successors and assigns.
This subscription may only be amended or modified by a written instrument executed by both parties to this subscription.
All costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by enforcing this subscription as a result of any default by the Subscriber, will be added to the amount then outstanding and will immediately be paid by the Subscriber.
The clauses and paragraphs contained in this subscription are intended to be read and construed independently of each other. If any part of this subscription is held to be invalid, this invalidity will not affect the operation of any other part of this subscription.
If there is a conflict between any provision of this subscription and any form of payment prescribed by applicable legislation of the stater where this subscription was signed (the “Act”), that prescribed form from the Act will prevail and such provisions of the subscription will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by the Act are incorporated into this subscription.
Headings are inserted for the convenience of the parties to this subscription only and are not to be considered when interpreting this subscription. Words in the singular and masculine mean and include the plural and feminine and vice versa.
This subscription constitutes the entire agreement between the parties to this subscription and there are no further items or provisions, either oral or otherwise.
The Subscriber is entitled to a complete copy of this subscription. This subscription should not be signed until all terms have been set out and the Subscriber has read it entirely.
This subscription will be governed by the laws of the State where it was signed.
Notice to the Subscriber
This is a subscription. You are not buying the vehicle previously described;
Do not sign this subscription before you read it and each section must be completed in order to submit;
You are entitled to a completely filled in copy of this subscription when you sign it;
Warning – unless a charge is included in this subscription for public liability or property damage insurance, payment for that coverage is not provided by this subscription, all TESdriver Subscriptions include this coverage.