MOTOR CLUB MEMBERSHIP
Rider
Rescue Services
DEALER
AGREEMENT
This month to month Agreement is made
and shall be effective immediately on this day of Dealer Registration between
Rider Rescue, LLC. located at 99 S. Downing Street Denver, C0 80209, and any
motorcycle, scooter and or powersports dealer that marks the check box next to
the words "agreeing upon the terms and conditions" on the previous page,
hereinafter referred to as "Dealer".
WHEREAS, Rider Rescue will
provide for the Dealer the Rider Rescue Roadside Assistance Membership Program
("Program") to either a) include as a value add customer incentive benefit or
b) offer for sale to its walk in customers or via the Dealer's website.
THEREFORE, in consideration of
the mutual promises and covenants contained herein, the parties hereto agree as
follows:
I.
Rider Rescue agrees:
a.
To provide Dealer with Program materials including: Customer agreements containing the terms and conditions of
the Program, Dealer rate schedule, Remittance Register and miscellaneous
marketing materials, if available, to assist Dealer in implementing the Rider
Rescue Roadside Assistance Program.
b.
To maintain the Program for the Dealer and to
maintain a telephone contact line(s) for Customers to obtain Program roadside
assistance services.
c.
To provide the Program at the prices identified on
the Dealer Rate Schedule located on www.RiderRescue.com.
d.
To ensure that all claims covered by the Program are
processed and covered in accordance with the terms and conditions of the Customer
agreement and that payment is issued on all valid approved claims within a
reasonable timeframe.
e.
To provide Dealer with thirty (30) days notice of
any changes in the Program or Customer agreement and that no such change shall
be retroactively effective as to any Program membership sold before the
effective date of the change.
f.
To provide notification to Dealer upon rejection of
any Program membership or Dealer transmittal.
II.
Dealer Agrees:
a.
To the best of Dealer's ability to promote the
Program to its Customers purchasing new or used vehicles from the Dealer.
b.
To have those employees who are in contact with the
public and selling or servicing the Program to receive Program training on the
Program.
c.
To prominently display marketing materials provided by
Rider Rescue for the Program, if available.
d.
To complete and submit all online Program forms and claims in an unaltered, complete and
truthful manner, in strict compliance with the terms and conditions of the
Program.
e.
To remit payment to Rider Rescue in the amount
defined on the Dealer Registration area and/or Rate Schedule on dealer portal
f.
To submit all Customer agreements with the completed
Remittance Register that will be furnished by Rider Rescue.
g.
That Rider Rescue shall not be bound to Dealer or
Dealer's Customer for any Customer agreement not received by Rider Rescue or
approved for coverage or for any Customer agreement for which full payment has
not been received by Rider Rescue.
h.
That Rider Rescue shall not be bound to accept or
liable for any ineligible Customer agreements sent forth in the Program.
i.
To hold Rider Rescue and Road America, its
directors, officers, agents, employees, affiliates, assigns, and successors
harmless against claims, actions, demands or liabilities, (including legal fees
and costs) of any type, resulting from:
1.
Acts or failures to act by Dealer, its agents or
employees, and
2.
Any claims under a Customer agreement, except those
for which Road America has specifically assumed responsibility for in the
Customer agreement.
j.
To submit claims only in accordance with the terms
and conditions of the Program.
Claims that are not submitted in accordance with the terms and
conditions of the Program as set forth in Exhibit A may be considered
fraudulent claims and addressed as such.
k.
That Rider Rescue and Road America shall not be
responsible to administer any claims for Customer agreements for which Rider
Rescue and Road America does not receive payment or that does not comply with
the Program, and Dealer shall hold Rider Rescue, Road America and their
affiliates harmless from all liability, and costs including reasonable attorney
fees, for such claims.
l.
Shall accurately and fully advise each and every
prospective Customer of the Program of the rules, regulations, terms and
procedures of such Program.
m.
Shall immediately notify Rider Rescue and Road
America of any legal action instituted against Dealer which relates, in anyway,
to the relationship created under this Agreement.
n.
To comply with all laws and regulations in offering
the Program to its Customers.
o.
To issue full refunds to the Customer if the Stand
alone Program membership is cancelled within thirty (30) days of the Membership
Effective Date, whether such cancellation is due to lienholder rights, state
law requirements, or Customer requests, directly to the Customer or
lienholder. The Customer must
notify the Dealer directly of any cancellation requests for memberships
cancelled within the first thirty (30) days. If a Program membership for a stand alone membership is
cancelled after the first thirty (30) days, the Dealer must instruct the
Customer to contact Rider Rescue directly for cancellation. The Dealer will only be responsible for
refunding Rider Rescue the Dealer's portion of the pro rata refund amount due
the Customer for the remainder of the membership term. Dealer will be
responsible for all penalties assessed on refund of Program membership fees to
Customers or lien holders due to late payment of said refund as stipulated by
each state for memberships cancelled within the first thirty (30) days.
p.
To be liable for any amount due Customer or for the
cost of any services received by Customer for services covered by the Program
under a Customer Agreement if Dealer has failed to timely remit payment for any
Customer agreement.
q.
To be responsible for the requirement to bill and
collect from Customers all applicable sales taxes resulting from the sale of
the Program and to remit such taxes to the appropriate tax authorities. Dealer further agrees to indemnify and
hold Rider Rescue and Road America harmless from any claims made against Dealer
by any taxing authority.
r.
Rider Rescue shall have the right to offset any
amounts due Dealer against any amounts due from Dealer under this Agreement.
III.
Miscellaneous:
a.
This Agreement and any disputes, which may arise
relating to it, shall be governed by the laws of the State of Colorado, in
force upon the date of this Agreement.
Rider Rescue and Dealer agree that for purposes of litigation, the venue
for any matter relating to this Agreement shall be in the appropriate Court and
Judicial District of the County of.Denver
b.
This is the entire Agreement between the parties and
supersedes any and all prior agreements.
c.
Neither party is the agent, partner, employee or
joint venture, express or implied of the other.
d.
Breach of this Agreement shall entitle the injured
party to all remedies in law or equity, including injunctive relief and
attorney's fees and costs.
IV. Termination:
a.
This Agreement will terminate immediately upon
written notice by either party to the other on the discovery of fraud or any
other material breach of this Agreement.
b.
This Agreement shall terminate immediately without
notice in the event of filing of bankruptcy, assignment for the benefit of
creditors, filing of petition for reorganization or arrangement with creditors,
appointment of receiver or any attachment, levy, or execution agreement.
c.
This Agreement may be terminated by Rider Rescue, upon written notice, if at
any time the Dealer fails to pay Rider Rescue for the full amount due for
Customer agreements as specified herein, or if at Rider Rescue's sole
discretion, the claims or costs of the Program exceed the norm set by Rider
Rescue for administration of the Program.
d.
The term of this Agreement shall be on a month to
month basis.
e.
Upon termination of this Agreement, all Program
materials must be immediately returned to Rider Rescue, freight prepaid.
f.
Rider Rescue and Road America's responsibility to
administer all claims for outstanding Customer agreements for which Rider
Resecue and Road America have received full payment shall survive the
termination of this Agreement.
g.
This Agreement may be transferred or assigned only
with the express written consent of the parties hereto.
IN
WITNESS WHEREOF and by clicking the checkbox immediately next to "agree to
Rider Rescue Terms and conditions", the parties hereto have agreed to all the terms and
conditions as described herein and have caused the Agreement to be executed by
their respective duly authorized officers on the date Dealer registers their
dealership on www.RiderRescue.com .
MOTOR CLUB MEMBERSHIP
EXHIBIT
A
24 Hour Roadside Assistance
Benefits listed under Exhibit A are subject to a "Per
Disablement Limit" maximum of either 15, 35, 50 or 100 miles.
1. Covered
Services:
• Towing Service – When towing is
necessary due to:
•
Flat Tire
•
Dead Battery
•
Lost Key
•
Mechanical Failure
•
Low Fluid Levels (other than gas)
The
covered motorcycle will be towed to the nearest like dealership or qualified
service facility,
regardless
of distance, at no cost to the rental member up to the program benefit limit.
• Battery
Service/Jump Start – If a battery failure occurs, assistance will be
provided to tow the motorcycle.
• Fuel
Delivery Service – Provides for the delivery of premium fuel at the
disablement site, when the member's motorcycle is in immediate need. The member must pay for the fuel when
delivered.
2. Non-Covered Services:
The following
items are NOT included as covered Emergency
Roadside Assistance Benefits and Services:
1. Cost
of parts, replacement keys, fluids, lubricants, or fuel or the cost of
installation of parts.
2. Non-emergency mounting or removing
of any tires. Tire repair at any location other than a roadside disablement
site. Any motorcycles used in racing or for commercial purposes. Service for
any trailers in tow. Any and all
taxes or fines.
3.
Towing from, service or repair work performed at
a service station, garage or repair shop.
Non-emergency towing or other non-emergency service. Impound towing or towing by other than
an authorized service provider; vehicle storage charges; a second tow for the
same disablement. Towing or
service on roads not regularly maintained, such as sand beaches, open fields, forests,
and areas designated as not passable due to construction, etc. Towing at the direction of a law
enforcement officer (and not at the request of the member) relating to traffic
obstruction, impoundment, abandonment, illegal parking, or other violations of
law.
4.
Coverage shall not be provided in the event of
emergencies resulting from the use of intoxicant or narcotics, or the use of
the Covered Motorcycle(s) in the commission of a felony.
5.
Repeated service calls for a covered motorcycle
in need of routine maintenance or repair.
Only one disablement for the same cause during any seven day period will
be accepted.
6. Reimbursement for services secured
through any source other than Rider Rescue, Road America.