DRIVING AGREEMENT

Client requests Your Car, Our Driver, Inc. (YCOD) and its affiliated companies (individually and collectively Your Car, Our Driver) to provide a driver to drive Client’s automobile as requested by Client and so authorizes the driver selected by Your Car Our Driver. If for any reason Client wishes to be assigned a different driver, Client will contact Your Car, Our Driver before trip.
Client represents that Client’s automobile is in good, safe condition and will have a copy of the registration and insurance certificate in the vehicle. Client has no knowledge of any condition to the contrary.
Client understands that alcohol consumption in client’s automobile is not permitted unless it is a limousine, sedan and SUV type of vehicles with a solid division between driver and client. Client understands that Drug use is prohibited by law in any vehicle. Client further understands that Client’s vehicle cannot be loaded beyond recommended seating capacity.
Client certifies that Client carries automobile insurance providing property damage, collision and comprehensive coverage, that there are no driver restrictions in Client’s insurance policies, and that such policies are in full force and effect at the time that YCOD is providing services to Client.
Client understands that Client’s vehicle insurance becomes secondary when YCOD’s driver is in the care and custody of clients vehicle and YCOD’s driver is deemed at fault. This policy offers exceptional vehicle coverage including collision, comprehensive coverage, medical and property, this policy is underwritten by Lloyds of London.
In some instances, Client may wish to use a particular driver for an extended period of time. If the hours required by such a driver would constitute overtime under California or federal law, YCOD may offer a different driver to Client, or if Client wishes to still use the original driver, Client agrees to be charged any and all overtime pay due to driver under California and federal law.
YCOD classifies its drivers as employees, who are under contract not to provide chauffeur services to any client of YCOD outside of employment with YCOD. There may be occasions where after Client evaluates the performance and potential of a YCOD driver on the job, Client may wish to hire this person directly. Because YCOD drivers represent its inventory of skilled professionals and in the event Client wishes to engage such a driver directly and outside of the driver’s employment relationship with YCOD, Client agrees to pay a finder’s fee of $5,000 to YCOD. An obligation for the finder’s fee is triggered when Client directly uses a YCOD driver on either a permanent, temporary or “as needed” basis. To the extent Client directly engages any such driver outside of YCOD, the driver is in no way controlled by, linked to, beholden to, governed or monitored by, or affiliated with YCOD and YCOD is in no way responsible or liable for the conduct of the driver.
YCOD does not offer rental vehicles, nor do we drive any vehicles that are rented by our Clients.
If any action or proceeding is brought by either party against the other pertaining to or arising out of this contract, the prevailing party shall be entitled to recover all costs and expenses including reasonable attorneys’ fees incurred on account of such action or proceeding. Any action arising under this agreement shall be venued exclusively in Orange County, California and governed by laws of the State of California.
YCOD is not responsible of the conduct of the Client during the drivers care and custody of the vehicle, Client hereby releases, agrees to indemnify, defend and hold harmless Your Car, Our Driver and its agents, officers, directors, shareholders, employees, and independent contractors from any and all claims, demands, suits, liabilities, expenses, costs, judgments, injuries (including death) or other losses or damages which arise from or relate to YCOD and its agents, officers, directors, shareholders, employees, and independent contractors providing services to Client, except for the gross negligence or willful misconduct of YCOD.

Client has carefully read the terms of this agreement including its Release of Claims and Hold Harmless provisions. Client certifies the representations made by Client are true. Client also certifies that Client understands the agreement and has no questions about the meaning of the agreement or any of its provisions. This Agreement contains the entire agreement and understanding concerning the subject matter hereof between the parties, and supersedes and replaces all prior negotiations, proposed agreements, whether written or oral, express or implied, of any type whatsoever. Each of the parties hereto acknowledges that it is not executing this agreement in reliance on any promise, representation or warranty not contained herein. This agreement may not be modified in any manner except in writing by Josef Wojtkow.. The provisions of this Agreement are severable, and if any of its provisions are found to be unenforceable, the remaining provisions shall remain fully valid and enforceable. This Agreement shall survive the termination of any arrangements contained herein.

YOUR CAR OUR DRIVER, Inc.

2901 West Coast Highway, Ste 200

Newport Beach, CA 92663

HOURLY RATE

Client will be charged $30.00 per hour for standard vehicles. For information on other vehicle types please call 949-283-0863.

GRATUITY/ADMINISTRATIVE CHARGE

A 20% driver gratuity will be added to each invoice, as well as an 11.11% administrative charge.

TRAVEL TIME

For any pick up outside of Orange County, California, a 30 minute minimum charge will applied to Client’s invoice.

MINIMUM

Client will be charged a 3 hour minimum for all pickups except Saturday after 5pm, for which a 5 hour minimum will apply. Hours are billed to the nearest half hour. There are no split shifts. Billable time commences when chauffeur reports to Client pick up point and ends when the chauffeur returns to Client pick up point.

EXPENSES

If the driver fronts any costs or expenses associated with the trip (including but not limited to valet, parking, tolls, gas, car washes and other expenses incurred while providing services to Client) Client will be charged those costs and expenses plus 20% of the total costs and expenses.

OVERTIME

If any single client utilizes a driver for a period of time which would cause the driver to incur overtime hours as defined under State and federal law, $11 per hour for time and half pay for any hours worked in excess of 8 hours in one day.

WORKWEEK

Your Car, Our Driver’s payroll workweek is Sunday through Saturday.

HOLIDAYS

An additional $22.00 premium per hour will be charged after 5 PM on New Year’s Eve with 6 hour minimum requirement.

OVERNIGHT

If a driver is required to stay overnight, an 8 hour charge will apply, and Client will be required to provide the driver’s room and board.

CANCELLATION

If client cancels within 8 hours of pick up time, Client will be charged the 3 hour minimum or a 5 hour minimum if the pickup is scheduled for after 5 pm on Saturday.

PAYMENT TERMS

Client’s credit card will be charged upon completion of service. (Except first time clients will be charged the 3-5 hour minimum up front to establish secure service).