Reachnow

Pass Pilot Addendum

to ReachNow Free-floating CarSharing Program

membership agreement and reachnow ride passenger agreement

Last Updated: [7/25/17]

1. Agreement. This ReachNow Pass Pilot Addendum to the ReachNow Free-Floating CarSharing Program Membership Agreement and the ReachNow Ride Passenger Agreement (the “Pass Addendum”) governs the relationship and establishes the rights and responsibilities of ReachNow LLC d/b/a ReachNow (“ReachNow”) and you (“Authorized User”) as a member of and participant in ReachNow’s Pass Pilot (“Pass Pilot”) of the ReachNow free-floating car sharing program (“ReachNow CarSharing”) and the ReachNow ride sharing program (“ReachNow Ride”).  The terms and conditions of the following documents, all of which are available on a ReachNow mobile application and/or the ReachNow website (the “Website”), are incorporated into this Pass Addendum by reference, as in effect from time to time and as applicable to the Pass Pilot: (a) the FAQs applicable to Pass generally, (b) that certain ReachNow Free-Floating CarSharing Program Membership Agreement by and between Authorized User and ReachNow (the “ReachNow CarSharing Membership Agreement”) and the ReachNow Ride Passenger Agreement by and between Authorized User and ReachNow (the “ReachNow Passenger Agreement”), and (c) all documents incorporated by reference into the ReachNow CarSharing Membership Agreement and the ReachNow Passenger Agreement. All terms and conditions (including those incorporated by reference) of the ReachNow CarSharing Membership Agreement and the ReachNow Passenger Agreement will apply to Authorized User’s participation in the Pass Pilot as an Authorized User. In the event of any direct conflict between the terms of the ReachNow CarSharing Membership Agreement or the ReachNow Passenger Agreement and this Pass Addendum, the terms of this Pass Addendum will control. All capitalized terms used in this Pass Addendum and not defined in this Pass Addendum will have the meanings ascribed to such terms in the ReachNow CarSharing Membership Agreement or the ReachNow Passenger Agreement, as applicable. The term “App” as used in this Pass Addendum will mean, collectively, the versions of the ReachNow mobile applications that are in use by Authorized User from time to time in connection with Member’s use of ReachNow CarSharing and ReachNow Ride. For the avoidance of doubt, Authorized User will use the App available for download from the App Store or Google Play (the “ReachNow CarSharing App”) to redeem each Promotional Credit (as defined below) and access Services related to ReachNow CarSharing and will use the App available for download from https://reachnow.com/en/ridebetaseattle/ to access Services related to ReachNow Ride.

2. Pass Pilot Overview. Only Members of both ReachNow CarSharing and ReachNow Ride who meet specific additional eligibility criteria and have been approved by ReachNow to participate in the Pass Pilot may participate in the Pass Pilot. For the avoidance of doubt, the vehicles available through the Pass Pilot are all “Vehicles” as defined in the ReachNow CarSharing Membership Agreement and the ReachNow Passenger Agreement, and Authorized User’s use of any Vehicle is subject at all times to the terms and conditions of the ReachNow CarSharing Membership Agreement or the ReachNow Passenger Agreement, as applicable, except for any terms or conditions that are in direct conflict with this Pass Addendum.  The Pass Pilot allows Authorized Users to pre-pay for $200.00 worth of “Services” offered through ReachNow CarSharing and ReachNow Ride in Seattle, Washington. “Services” as used in this Pass Addendum and the Pass Pilot means Rental Costs (as defined in Section 8.4 of the ReachNow CarSharing Membership Agreement) or Ride Fares (as “defined in Section 10.2 of the ReachNow Passenger Agreement) offered in the Seattle, Washington Home Area (as defined in the ReachNow CarSharing Membership Agreement) or the Ride Service Area (as defined in the Ride Passenger Agreement). Each such pre-payment is referred to in this Pass Addendum and the Pass Pilot as a “Prepaid Mobility Amount.” As further described in Section 4 below, upon each $200.00 Prepaid Mobility Amount payment (which will be automatically charged to Authorized User’s Payment Method), ReachNow will give Authorized User a $200.00 credit (each a “Promotional Credit”) to use towards Services. Also as further described below, each Prepaid Mobility Amount and Promotional Credit will be valid for use for the next calendar month beginning after the date the applicable Prepaid Mobility Amount payment was made (each such month, a “Credit Period”). Each Promotional Credit will be available to Authorized User for the applicable Credit Period as described in Section 4 below; however, no unused portion of any Promotional Credit will be carried forward from the applicable Credit Period to any other Credit Period. In contrast and as further described in Section 4 below, Prepaid Mobility Amounts will never expire.

3. Membership.

3.1 Membership Eligibility.

(a) To be eligible as a member of the Pass Pilot, a person must meet (as determined in ReachNow’s sole discretion) the member eligibility criteria listed below (“Authorized User Eligibility Criteria”) at the time of application and at all times thereafter:
(1) Be a Member in good standing of ReachNow CarSharing (as determined by ReachNow in its sole discretion) provided however, at minimum, Authorized User must meet all Membership Criteria (as provided in Section 2 of the ReachNow CarSharing Membership Agreement); and
(2) Be a Passenger in good standing of ReachNow Ride (as determined by ReachNow in its sole discretion) provided however, at minimum, Authorized User must meet all Membership Criteria (as provided in Section 3 of the ReachNow Passenger Agreement).
(b) Prior to becoming a member of the Pass Pilot, Authorized User must have completed a membership application to apply for participation in the Pass Pilot and must have received approval by ReachNow to participate in the Pass Pilot.
(c) Authorized User represents that he or she meets and will continue to meet the Membership Criteria (as provided in Section 2 of the ReachNow CarSharing Membership Agreement), the Membership Criteria (as provided in Section 3 of the ReachNow Passenger Agreement), and the Authorized User Eligibility Criteria (as described in this Section 3 of this Pass Addendum) during the term of this Pass Addendum and that he or she will report any change in his or her compliance with the Membership Criteria or the Authorized User Eligibility Criteria to ReachNow as soon as practicable, but no later than twenty-four (24) hours after such change.
 

4. Additional Terms Pertaining to the Pass Pilot.

4.1 Prepaid Mobility Amount.  Authorized User will be charged a Prepaid Mobility Amount on July 31, 2017, August 31, 2017 and September 29, 2017 (each, a “Prepayment Date”) unless this Pass Addendum is terminated prior to any Prepayment Date in accordance with Section 5 of this Pass Addendum.  Each Prepaid Mobility Amount will be automatically charged to the Authorized User’s Payment Method on file with ReachNow. Authorized User explicitly agrees to allow ReachNow to automatically charge Authorized User’s Payment Method for each Prepaid Mobility Amount without any action or further consent required from Authorized User

4.2 Promotional Credit And Entering Promotional Code.  Upon the payment of each Prepaid Mobility Amount, ReachNow will provide a promotional code to Authorized User to enter into the ReachNow CarSharing App. When the promotional code is entered, Authorized User will see an amount of $400.00 appear on the ReachNow CarSharing App. This $400.00 reflects and is comprised of: 1) the $200.00 of Prepaid Mobility Amount for such Credit Period, and 2) a $200 Promotional Credit to be used for such Credit Period:

(a) After Authorized User pays the July 31, 2017 Prepaid Mobility Amount, ReachNow will provide Authorized User with a promotional code to enter into the ReachNow CarSharing App that, once entered, will: (i) provide Authorized User with a Promotional Credit (“Promotional Credit 1”) that can be applied towards Services used between the period of August 1, 2017 through and including August 31, 2017 (“Credit Period 1”), and (ii) will cause the ReachNow CarSharing App to display the $400.00 aggregate of Promotional Credit 1 along with Authorized User’s Prepaid Mobility Amount for such Credit Period 1;

(b) After Authorized User pays the August 31, 2017 Prepaid Mobility Amount ReachNow will provide Authorized User with a promotional code to enter into the ReachNow CarSharing App that, once entered, will: (i) provide Authorized User with a Promotional Credit (“Promotional Credit 2”) that can be applied towards Services used between the period of September 1, 2017 through and including September 30, 2017 (“Credit Period 2”), and (ii) will cause the ReachNow CarSharing App to display the $400.00 aggregate of Promotional Credit 2 along with Authorized User’s Prepaid Mobility Amount for such Credit Period 2; and

(c) After Authorized User pays the September 29, 2017 Prepaid Mobility Amount ReachNow will provide Authorized User with a promotional code to enter into the ReachNow CarSharing App that, once entered, will: (i) provide Authorized User with a Promotional Credit (“Promotional Credit 3”) that can be applied towards Services used between the period of October 1, 2017 through and including October 31, 2017 (“Credit Period 3”), and (ii) will cause the ReachNow CarSharing App to display the $400.00 aggregate of Promotional Credit 3 along with Authorized User’s Prepaid Mobility Amount for such Credit Period 3. 

For the avoidance of doubt, the July 31, 2017 Prepaid Mobility Amount and Promotional Credit 1 are associated with Credit Period 1; the August 31, 2017 Prepaid Mobility Amount and Promotional Credit 2 are associated with Credit Period 2; and the September 29, 2017 Prepaid Mobility Amount and Promotional Credit 3 are associated with Credit Period 3.

4.3 Pass Pilot Is Only Applicable to Services. Prepaid Mobility Amount funds and Promotional Credit funds will only be applied to the Services incurred during the Pass Pilot (pursuant to the terms and conditions of this Pass Addendum) and are NOT available to pay for “Other Costs” connected with ReachNow Carsharing or ReachNow Ride. “Other Costs” means any fees, charges, costs, or penalties described in the Pricing Terms (as defined in the ReachNow CarSharing Membership Agreement and ReachNow Passenger Agreement, as applicable) or connected with ReachNow CarSharing or ReachNow Ride that are not Rental Costs or Ride Fares. For the avoidance of doubt, Other Costs still are applicable to Authorized User’s use, membership in, and participation in ReachNow CarSharing and ReachNow Ride during the Pass Pilot, but such Other Cost amounts will be charged to Authorized User’s Payment Method as described in the ReachNow CarSharing Membership Agreement or ReachNow Passenger Agreement and are not eligible to be paid using the Pass Pilot Prepaid Mobility Amount funds or Promotional Credit funds.

4.4 Payment for Services As a Member of the Pass Pilot.  While this Pass Addendum is in effect, Services incurred by Authorized User during a Credit Period will be paid as follows:

(a) First, by applying funds from the Prepaid Mobility Amount associated with such Credit Period, if any such funds are Available;

(b) Second (if no Prepaid Mobility Amount funds associated with such Credit Period are Available), by applying funds from the Promotional Credit associated with such Credit Period, if any such funds are Available; and

(c) Third (if no Promotional Credit funds associated with such Credit Period are Available), by charging Authorized User’s Payment Method on file with ReachNow.

For the avoidance of doubt, “Available” Prepaid Mobility Amount funds and Promotional Credit funds are funds that have not already been applied in order to pay for Services. For example, if Authorized User has incurred $50.00 of eligible Services during Credit Period 1, such Authorized User has $150.00 of “Available” Prepaid Mobility Amount funds and $200.00 of “Available” Promotional Credit funds.

4.5 Refund of Prepaid Mobility Amount.  Upon the expiration of each Credit Period, the Available Prepaid Mobility Amount funds (if any) associated with such Credit Period will no longer be visible on the ReachNow Carsharing App. However, such funds never expire, and will, at Authorized User’s option, either be refunded to Authorized User’s Payment Method on file with ReachNow or be applied as a credit toward the Prepaid Mobility Amount payment for the following Credit Period.

4.6 No Refunds of Promotional Credits. Promotional Credit funds will expire at the end of the associated Credit Period. For the avoidance of doubt, Promotional Credit funds associated with a Credit Period will not roll over to any other Credit Period and will not be available to Authorized User in any form after the expiration of the Credit Period with which such Promotional Credit is associated (as described in Section 4.2).

4.7 Pass Pilot Only Available in Seattle, Washington. The Pass Pilot is only available for use in connection with Services offered in the Seattle, Washington Home Area (as defined in the ReachNow CarSharing Membership Agreement) or the Ride Service Area (as defined in the Ride Passenger Agreement). For the avoidance of doubt, only Services that are offered in the Seattle, Washington Home Area and Ride Service Area (both as defined above) are eligible to be paid for using Prepaid Mobility Amount funds or Promotional Credit funds.

5. Term; Termination of Membership in Pass.

5.1 Term.  This Pass Addendum will commence on the date of  Authorized User’s E-Signature (which must be no later than July 30, 2017 or this Agreement will not be considered to be in effect) and will continue in effect until August 31, 2017 (the “Initial Term”), unless earlier terminated as provided herein, and will automatically renew for two (2) subsequent periods of one (1) month each, from September 1, 2017 through September 30, 2017 and from October 1, 2017 through October 31, 2017 (each, a “Subsequent Term”) unless earlier terminated as provided herein.

5.2 Termination.  This Pass Addendum will be terminated as follows:

(a) At the end of the Initial Term or a Subsequent Term, following the request for termination by Authorized User, if Authorized User requests termination of the Pass Addendum by calling Member Support at (844) 732-2466 or by sending an email to pass@reachnow.com; provided, however, such request must be given by the 25th day of the month if the Authorized User wishes to avoid the automatic renewal and to terminate this Pass Addendum prior to the beginning of a Subsequent Term;

(b) Immediately, in ReachNow’s sole discretion, if Authorized User fails to meet the Authorized User Eligibility Criteria, fails to abide by the terms of this Pass Addendum (including, but not limited to Authorized User’s failure to pay any of the amounts due under this Pass Addendum by the applicable due date), or upon termination of the ReachNow CarSharing Membership Agreement or the ReachNow Passenger Agreement; and

(c) At the end of the Initial Term or a Subsequent Term, by ReachNow, in ReachNow’s sole discretion.

5.3 Effect of Termination. Notice of termination by ReachNow will be in writing and may be provided electronically.  Upon termination, all rights to participate in the Pass Pilot will immediately terminate; however, any paid and Available Prepaid Mobility Amount will be refunded to Authorized User’s Payment Method on file with ReachNow. If this Pass Addendum is terminated, Authorized User’s ReachNow CarSharing Membership Agreement and ReachNow Passenger Agreement will remain in effect. However, if Authorized User’s ReachNow CarSharing Membership Agreement or Authorized User’s ReachNow Passenger Agreement is terminated, this Pass Addendum will automatically terminate, and Authorized User will no longer be eligible to participate in the Pass Pilot.