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Terms & Conditions

INDEMNIFICATION AND RELEASE AGREEMENT

This Indemnification and Release Agreement (the “Agreement”) is made as of the date written below (the “Effective Date”), by ____________________________________________________________________ (name) (“Releasor”) in favor of E35O SPRINTER, LLC, an Ohio limited liability company (“E350 Sprinter), and E350 TRANSPORTATION, INC., an Ohio corporation (“E350 Transportation”). For purpose of this Agreement, E350 Sprinter and E350 Transportation re referred to herein collectively as the “Released Parties.”
WHEREAS, E350 Sprinter is the owner of that certain 2019 Mercedes Benz, Sprinter Passenger Van, with VIN ___________________ (the “Vehicle”);
WHEREAS, E350 Sprinter and E350 Transportation have entered into an arrangement whereby E350 Transportation utilizes the Vehicle to transport passengers for hire;
WHEREAS, Releasor has booked, or will book in the future, a transportation trip with E350 Transportation; and
WHEREAS, in exchange for the Released Parties providing the transportation services to or use of the Vehicle by Releasor, whether pursuant to any trip booked at the time of signing of this Agreement or any trip booked in the future, such Releasor agrees to execute this Agreement in favor of the Released Parties.
NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein, the parties do hereby covenant and agree as follows:

1. Indemnification. Releasor agrees to indemnify and hold the Released Parties and their respective shareholders, directors, members, managers, officers, employees, agents, representatives, successors and assigns (collectively, the “Indemnitees”) harmless from any and all causes of action, claims (including claims made by third parties), suits, compensation, demands, damages, losses, costs, interest (statutory or common law), expenses, attorney fees, and liabilities of any kind (collectively, “Losses”) which are related to: (i) any current trips booked by Releasor using the Vehicle or any trips booked in the future by Releasor using the Vehicle; (ii) the use and occupancy of the Vehicle by Releasor and any other passengers during any trip currently booked by Releasor or any trip booked in the future; (iii) personal injuries or death incurred by Releasor or any other passengers during any trip currently booked by Releasor or any trip booked in the future; and (iii) damage or destruction to the Vehicle, and all components associated therewith, or any other personal property of the Indemnitees caused by Releasor and any other passengers during any trip currently booked by Releasor or any trip booked in the future. Without limiting the foregoing, these indemnity and defense obligations shall apply to any acts or omissions, and to negligent or willful misconduct of Releasor and any other passengers during any trip currently booked by Releasor or any trip booked in the future.

2. General Release. To the fullest extent permitted by law, Releasor, on behalf of Releasor and any other passengers during any trip currently booked by Releasor or any trip booked in the future (collectively, the “Releasing Parties”), does hereby release and forever discharge the Indemnitees from any and all claims, demands, and causes of action of any kind whatsoever, whether known or unknown, foreseen or unforeseen, at law or in equity, that the Releasing Parties had, now have, or may ever have against any of the Indemnities which are related to: (i) any current trips booked by Releasor using the Vehicle or any trips booked in the future by Releasor using the Vehicle; (ii) the use and occupancy of the Vehicle by Releasor and any other passengers during any trip currently booked by Releasor or any trip booked in the future; (iii) personal injuries or death incurred by Releasor or any other passengers during any trip currently booked by Releasor or any trip booked in the future; and (iii) damage or destruction to the Vehicle, and all components associated therewith, or any other personal property of the Indemnitees caused by Releasor and any other passengers during any trip currently booked by Releasor or any trip booked in the future.

3. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements or representations by or between the parties, written or oral, which may have related in any manner to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of law principles, including the application of any applicable statute of limitation and equitable principles and the availability of any remedies.