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.