Terms & Conditions
These are the Terms and Conditions to the services provided by Detroit Designated Driver LLC. If you are viewing this document on our website, you agree to be bound by these terms and conditions.
You also agree to these terms and conditions when you engage and/or use the services of Detroit Designated Driver. “You” means the person engaging and/or using the services of Detroit Designated Driver “We” or “us” refers to
Detroit Designated Driver “Vehicle” or “your vehicle” means the vehicle in your possession and control, which you request to be driven by one of our drivers. Please read this carefully.
We provide professional valet and chauffeur services for the transportation of our patrons in their own vehicles. Our services are available on a first come, first serve basis if you did not make prior reservations with us. On occasion,
it may take our drivers longer to pick you up or to reach your destination for any number of reasons, including unforeseen circumstances. If we are delayed in reaching you, you should not drive if you are intoxicated or otherwise
impaired. In any event, you agree to hold us, our employees and agents harmless for any situation or circumstances that might arise as a result of any delay.
Our drivers carry copies of these Terms and Conditions and a copy will be made available to you upon request. It is expressly understood that you will not be permitted to use our services without first accepting these Terms and
Conditions and agreeing to be bound by them. By agreeing to use our services, you agree that you understand and accept these terms.
You can become a member by contacting us before you need our services, or we will send you a membership form after your first engagement of us. To be a member, we will require certain information from you and you must
of our records for you. Membership does not entitle to you to privileges or expectations of service beyond the normal and regular services provided by us to our other clients.
Fees and Payment
Full payment is due at the time services are rendered. Full payment includes cost of service, mileage charges, premium charges for excess hours, stop charges, and miscellaneous expenses, including but not limited to, garage
fees, parking fees, towing (if necessary), and any other expenses incurred during the course of providing services to you. Please see our cancellation and wait policy for additional fees that may also apply. Our published rates are
available from our drivers and on our website. We reserve the right to adjust our fees at any time.
Restrictions on Service
If any of the following occur, we reserve the right to stop the vehicle (or refuse to drive the vehicle) and call the local authorities:
– You or any one else to be driven in the vehicle uses obscene language, gestures or acts inappropriately;
– You or a passenger of the vehicle becomes ill or unresponsive; or
– Anything occurs that would cause a reasonable, sober person to have concerns for his/her own safety or the safety of others.
Being a member or purchasing a gift card for our services does not automatically ensure that our services will be available to you. No services should be expected of Detroit Designated Driver unless you have made a reservation
with us and we have agreed to provide such services to you. At this time, our zones and hours of operations are limited, and we recommend that you contact us or visit our website for current information. When you call to make
a reservation with us, we will advise you of our availability and ability to meet your requests.
While our drivers are waiting to drive you to your next destination, they have the right to park your car in a safe, well-lit area. Our drivers may stay with your car, or park your car and wait for your call in a well-lit establishment.
At all times, our drivers will operate in a manner that is mindful of your safety and theirs.
You understand that our drivers will not drive any vehicle that is not fully insured and that does not comply with all applicable laws of the State of Michigan, including those laws relating to insurance, registration and safety. By
requesting our drivers to drive the vehicle, you warrant that the vehicle is in full compliance with these laws. You also warrant that you and/or the vehicle is covered by automobile insurance and that this insurance will insure
you, the vehicle, any passengers in your vehicle and our drivers. You agree to provide proof of valid insurance and registration upon request. You understand that if an accident occurs while one of our drivers is driving the vehicle,
regardless of whether our driver is at fault or not, your automobile insurance policy will be the primary insurance policy for the satisfaction of any and all claims or damage. You agree to indemnify us and our agents, successors,
licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees against any and all claims made against such parties for any and all damages not covered by your insurance policy or paid
by your insurer.
Assumption of Risk
You acknowledge that you are aware that the use of our services involves an inherent risk of injury, death and property damage to you, your guests and invitees. In addition to the inherent risks involved in operating a vehicle,
you are aware of the risks of injury, death and property damage that could result from a number of causes, including negligence (excluding gross negligence) of us, our agents, successors, licensees, assigns, affiliates, and their
respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. You voluntarily agree to assume all risks of injury, death, and property damage to you and any
and all passengers of the vehicle and you waive any and all claims or actions that you may have against us and our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees.
Release of Liability
You release us and our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to you, your employees, agents, representatives,
guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to the services provided by Released
Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence (excluding gross
negligence) of any of the Released Parties. You expressly understand and agree that you bear sole responsibility for any loss. Notwithstanding the foregoing, in no event shall our liability, whether arising from contract, warranty,
negligence, tort or otherwise, exceed, in the aggregate, the amount of the fees paid by you to us for services provided in the immediately preceding twelve months.
Knowing and Voluntary Execution
By engaging our services, you acknowledge that you have read and understand these terms and conditions, and you understand that you have assumed all risk associated with our providing services to you and you release us
from all liability. You also acknowledge that we are relying on this waiver in permitting you to utilize our services.
You agree to indemnify, defend and hold harmless us and our agents, successors, licensees, assigns, affiliates, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions
or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) any and
all services provided to you by us and our agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of your representations and warranties
contained in these terms and conditions; (iii) the breach of any covenant or agreement of you under these terms, and (iv) your acts or omissions or those of your guests and invitees. If you fail to promptly indemnify the applicable
party after receiving written notice from us, we have the right to litigate, settle or take any other action we deem necessary or desirable to resolve a Claim. In any event, you will pay us for all amounts paid or incurred by us as
a result of our defense of such Claims.
Time for Claim
Any claim arising from or relating to your engagement of us (whether in contract, tort, or both) shall be brought within twelve (12) months after it arises.
Any dispute between you and Detroit Designated Driver, or claim by a party against another party arising out of or in relation to the services provided by us shall be finally determined by arbitration in accordance with the rules
then in force of the American Arbitration Association. The arbitration proceedings shall take place in the Detroit Metropolitan area, Michigan. If the parties cannot agree on one arbitrator, each party will select one arbitrator
and those two arbitrators shall select a third arbitrator. If the arbitrators cannot agree upon the selection of a third arbitrator, the third arbitrator shall be appointed by the American Arbitration Association. The decision of the
arbitrator shall be final and binding upon the parties in dispute without right of appeal.
We may amend these Terms and Conditions at any time by posting the amended terms and conditions on this web site, in which case, such amended terms and conditions shall take effect immediately following such posting.
We may also choose to email any amended and restated terms and conditions to our members.
Successors and Assigns
These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. You may not transfer or assign any rights and obligations
If any term or provision of these Terms and Conditions is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect
the validity of the remainder of these terms, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
All engagements of Detroit Designated Driver shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of Michigan applicable to agreements made and to be performed entirely
within such State, including all matters of enforcement, validity and performance.