Honest Day’s Work Driver Addendum

This Honest Day’s Work Driver Addendum supplements the Agreement between you and Honest Day’s Work with additional terms and conditions that are applicable to your provision of Driver Services through the James App. Capitalized terms herein have the meaning set forth in the Agreement.

Please read this Addendum carefully as it contains important legal obligations. By accepting this Addendum and creating a Driver account on the James App, you will create a legally enforceable agreement. If you do not agree with all the terms of this Addendum, you should not submit an application to provide rides through the James App.

You are entitled to a Driver Payment for the Driver Services you perform for Riders, as provided in the Agreement and this Driver Addendum. The “Driver Payment” for a completed ride consists of the Charges entered by you in the James App after the conclusion of a ride plus the tip determined by the Rider and minus the Service Fee and taxes collected by Honest Day’s Work. While Honest Day’s Work may assist you in calculating a Trip Estimate, you, and not Honest Day’s Work, are solely responsible for determining the Charges with the exception of taxes, tips and Service Fees. The Charges include your fare, cancellation fees, damage fees, fees for special services, tolls, wait times, distance surcharges and additional destinations requested by a Rider. You may also determine whether to offer the Rider any discounts. You must input the Charges into the James App within one hour after the conclusion of a ride.

Honest Day’s Work will collect payments owed to you by Riders as your limited payment collection agent and you agree that the receipt of such payments by Honest Day’s Work satisfies the payer’s obligation to you. Honest Day’s Work reserves the right to adjust or withhold all or a portion of a Driver Payment or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Riders, Honest Day’s Work, or Honest Day’s Work’s payment systems and (ii) for chargebacks in the amount of $15 USD per chargeback, which may be increased by our third-party payment processor from time to time, and the total amount of the base fare and any other charges for the ride, as applicable. Honest Day’s Work’s decision to adjust or withhold the Driver Payment or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Payments and/or other payments with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Driver Payment and any other payments to you will be paid to you on at least a bi-weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.

Under its Terms of Service, Honest Day’s Work charges Riders a Service Fee for each completed ride. Drivers will not be charged a Service Fee.

Driver Payments will be processed by Honest Day’s Work and paid to you through your Stripe account, once it is set up and operational, or, if we are unable to process Driver Payments through our third-party Payment Processor for any reason, via another method.

By providing Driver Services as a Driver on the James App, you represent, warrant, and agree that:

1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Driver Services.
2. You own, or have the legal right to operate, the vehicle you use when providing Driver Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
3. The vehicle you use to provide Driver Services has the required state and/or local commercial vehicle permit or license (e.g., TCP or livery and limousine permit or license); and you are the holder of such permit or license or have a verifiable permission from such permit or license holder to use such vehicle to provide the Driver Services. Upon request by Honest Day’s Work, you agree to provide a copy of such permit, as well as any additional information related to the permit, as may be reasonably requested by Honest Day’s Work.
4. You will not engage in reckless behavior while driving or otherwise providing Driver Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Driver Services, provide Driver Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the James community or third parties.
5. You will only provide Driver Services using the vehicle that has been reported to, and approved by Honest Day’s Work, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
6. You will not, while providing the Driver Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a Rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
7. You will not attempt to defraud Honest Day’s Work or Riders on the James App or in connection with your provision of Driver Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question, terminate your Driver account, and take any other action against you available under the law.
8. You will not discriminate against Riders with disabilities. You will make reasonable accommodations as required by law for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
9. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement
10. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Driver Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to Honest Day’s Work upon Honest Day’s Work’s reasonable request.
11. You will pay all applicable federal, state and local income taxes based on your provision of Driver Services and any payments received by you.
12. You will comply with Honest Day’s Work’s reasonable requests to provide information in connection with Rider complaints, law enforcement requests, or any other incident.