Liability Waiver for Rides

LIMITATION OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND ARBITRATION AGREEMENT (“AGREEMENT”)

This Agreement describes the terms and conditions (“Terms”) pursuant to which Motional AD Inc. together with its subsidiaries and affiliates, and each of its and their respective officers, directors, partners, suppliers, licensors, and employees (individually and collectively, “Motional”) offers you access to Motional’s autonomous vehicles. In consideration of the opportunity to ride in a Motional autonomous vehicle (the “Services”), you agree to these Terms. Uber Technologies, Inc. (“Uber”) owns and operates the Uber platform, and all of the Terms of Service you agreed to with Uber remain in effect and are hereby incorporated by reference including all provisions related to dispute resolution.  Specifically, you have agreed to an Arbitration Agreement which waives your right to have any disputes arising out of the Services decided in a court of law and have instead agreed to have these matters resolved through binding arbitration more specifically defined in the Uber Terms of Service. Further, by accepting this ride you acknowledge and agree that any disputes between you and Motional arising out of the Services will be resolved through such binding arbitration. 

If you do not agree to all Terms set forth herein, you must not ride in the autonomous vehicle.  Riding in the autonomous vehicle constitutes your agreement to all the terms contained in this agreement.

You represent that you are at least eighteen (18) years of age, in good health, and in sufficient physical condition to be a passenger in the autonomous vehicle.

ASSUMPTION OF RISK

You acknowledge that Motional is an independent contractor providing transportation services and not an actual agent, apparent agent, or ostensible agent of Uber in any way.

You agree to wear your seatbelt at all times while in the autonomous vehicle.

Riding in any moving vehicle is potentially dangerous.   Your vehicle could be involved in a collision causing injury. Presence in a vehicle on the road with other vehicles presents risks.  Other vehicles can collide with your vehicle and cause injury.  You acknowledge that riding in an autonomous vehicle, like any vehicle, involves potential risk of serious bodily injury and death, which may be caused, among other things, by weather and road conditions, other motorists or passengers, or your own actions or inaction. You acknowledge that riding in Motional’s vehicle may expose you to an elevated risk of disease transmission, including COVID-19.

INDEMNIFICATION

You agree to indemnify, defend, and hold Motional harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) the Services and any use thereof; (ii) your breach of the Terms; or (iii) your violation or infringement of the rights of any third party.                                      

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Motional's liability to you under any theory of liability—whether, for example, based in contract, tort, negligence, warranty, or otherwise— will be subject to the following terms: (i) when permitted by law, Motional will not be liable for any indirect, consequential, incidental, special damages, lost profits or the costs of procuring substitute transportation services arising out of or in any way related to these Terms or Services, even if Motional has been advised of the possibility of such damages; (ii) the total collective liability of Motional for any claim arising out of or relating to these Terms or Services, regardless of the form of the action, is limited to the amount paid by you to Motional for the Services giving rise to the claim.  The limitations set forth in this paragraph will not limit or exclude liability to you for Motional's gross negligence, fraud, or reckless or intentional misconduct; for any personal injury or property damage to the extent caused by a vehicle design defect in Motional’s autonomous vehicle  (except to the extent such injury or damage is caused by your, or any of your guest’s or third party’s, negligence or violation of these Terms); or for any other matters in which liability cannot be excluded or limited under applicable law.

RELEASE

To the fullest extent permitted by applicable law, you release Motional from responsibility, liability, claims, demands, and/or damages (direct and indirect) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and any third party (including other passengers) and the acts or omissions of third parties.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided above.

By clicking “[I ACCEPT]”, you acknowledge having read this Agreement and understand that you are giving up substantial rights by agreeing to it, have signed it freely and without any inducement or assurance of any nature. Accordingly, you intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that, if any portion of this Agreement is held to be invalid, unlawful, void, or unenforceable the specific portion is deemed severable and does not affect the validity and enforceability of any remaining provisions.