Payment & Administrative Services Agreement

Riders Share Payment & Administrative Services Agreement

Before applying for, or registering a User account, you shall be required to verify and acknowledge that you have reviewed and agreed to the following Payment and Administrative Terms, when presented with the prompt “I have reviewed and agreed to the Riders Share Payment & Administrative Services Agreement, the Terms of Service, and all incorporated terms and policies.”

As a Renter or Owner (collectively a “User”) you agree that the terms, generally summarized as follows shall apply to your use of your User account, these Services and all transactions with other Users arising therefrom. Riders Share reserves the right to modify these Payment and Administrative Terms at any time by posting updated terms to the platform and providing at least thirty (30) days’ prior notice to Users via email or dashboard notification. Your continued use of the Services following the effective date of such modifications constitutes acceptance of the modified terms:

▪ Riders Share is not a party to the Reservation or Rental transaction between Users;

▪ Riders Share provides support services in order to facilitate the transaction between Users;

▪ Users agree that Riders Share shall be appointed as Payment Agent to receive payments and make payouts;

▪ Users agree that Riders Share shall provide other administrative services to facilitate Insurance and dispute resolution matters on behalf of Users as set forth in the Terms;

▪ Users understand that while Riders Share provides a platform for a transaction, through their Owner or Renter account they shall be responsible for selecting certain terms that will affect the amount they pay, or will be paid.

▪ Users agree that in their use of these Services, to the extent that they shall enter into the process of booking a Reservation, completing a rental/trip, and in the process of finalizing any transaction, pursuant to Riders Shares duties as payment and administrative agent, USERS shall be required to review and respond to information communicated to them via their account portal or User Dashboard. Terms communicated by this method are incorporated into any Terms and Conditions, and shall be binding when accepted or when the User continues to use the Services without raising a written dispute within seven (7) days of such communication.

▪ Payment agent each Owner appoints Riders Share as their limited agent for the purposes of collecting payments made by Renters on their behalf. Owner agrees that the payments made by a Renter to Riders Share shall be considered the same as a payment made directly to the Owner and the Owner will honor the Reservation Agreement between Users as though they had received payment directly. Owner agrees to indemnify and hold harmless Riders Share from and against any claims, losses, or liabilities arising from Riders Share’s performance of its duties as payment agent hereunder.

Owners Agreement 

Each Owner agrees that Riders Share may, in accordance with terms applicable to the reservation between Users (i) permit the Renter to cancel the booking according to the cancellation policy as set forth in the Community Guidelines (ii) refund to the Renter that portion of payment specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, Riders Share assumes no liability for any acts or omissions of the Owner, any Renter, or any third-party service provider, nor for any delays, errors, or failures in payment processing.

Renter’s Agreement

Subject to the terms applicable to Renters as set forth in the Riders Share Terms of Service, Renter agrees and acknowledges that they shall be asked to provide a verified and authorized payment method to the trusted third-party payment processor, Riders Share has designated (Stripe). According to the payment processor's terms and conditions, Renters shall be asked to submit customary billing information which may include name, billing address, and financial instrument information. Because registration of a Renter’s User account requires accurate, complete, and current payment information at the time of registration, you hereby agree that you shall keep such billing information current and up-to-date throughout your use of these Services.

Conditions of Payment Authorizations

By entering into a Reservation Agreement with another User, or by otherwise using the Riders Share platform, you as a Renter, authorize Riders Share to collect from you amounts due pursuant to these Payment Terms or the Riders Share Terms of Service and incorporated policies. Specifically, you authorize Riders Share to collect from you:

• Any amount due to Riders Share (e.g., as a result of your bookings, booking modifications, cancellations, or other actions as a user of the Riders Share platform), including reimbursement for costs prepaid by Riders Share on your behalf, by charging any Payment Method on file with our payment processor. Any funds collected by Riders Share will be used to offset the amount owed by you to Riders Share. Further information about policies that may affect your payment obligations please consult the Community Guidelines.

• Any amount due to an Owner from a Renter which Riders Share collects as the Owner’s payment collection agent.

• Taxes, if applicable.

• Any amount due from you in resolution of a user dispute or any damage claim in which the insurance protection you have purchased or that has been provided is insufficient to cover related fees and charges. Riders Share may do so by charging the payment method associated with the relevant booking, or any other payment method on file.

• Additional Fees, which may include, rental extensions, payable under the Riders Share Terms. In addition, Riders Share may recover any costs and expenses it incurs in collecting overages by charging any payment method(s) you have on file.

• Any service fees or cancellation fees imposed pursuant to the Riders Share Terms. Riders Share will be entitled to recover the amount of any such fees from you, including by deductions to refund amounts.

• Fees improperly paid to you as an Owner. If, for instance, a booked reservation that is cancelled by Users’ failure to supply required proof of valid Driver’s License, Motorcycle in the condition to which the Parties have agreed. In such situations, Parties have agreed and accepted Riders Share appointment to resolve such disputes at their sole discretion. To the extent necessary, based upon Riders Share’s decision after requiring users to submit to informal dispute resolution in accordance with the Riders Share Terms, or other applicable cancellation policy, Owners agree that in the event they have already been paid or promised a payout, Riders Share will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you. 

• Fees, costs and/or expenses associated with a damage claim, as set out in the Riders Share Terms or the insurance policy. If Riders Share is unable to collect from your payment method used to make the booking, you agree that Riders Share may charge any other payment method on file with our third-party payment processor.

Riders Share also reserves the right to otherwise collect payment from you and pursue any remedies available to Riders Share in this regard in situations in which you are responsible for a damage claim pursuant to the Riders Share Terms.

Owners agree and understand that Riders Share’s obligation to pay fees to them, is subject to and conditional upon successful receipt of the associated payments from Renter. Riders Share’s obligation to remit payments to Owners is limited to such amounts that have been successfully received by Riders Share from Renters in accordance with these Payments Terms.

Conditions of Payouts

In order to receive a Payout Owners will have been required to submit a valid Pay Out method at the time of registering their Owner’s User Account, and you must ensure that proper payment details are given in order to avoid payment delays. Riders Share will generally initiate pay-outs on a schedule as published or otherwise agreed.

▪ The time it takes to receive payouts once released by Riders Share may depend upon the payout method you select and the payout method provider’s processing schedule. Riders Share may delay or cancel any payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

▪ Your payout for a booking will be the listing fee less applicable fees as set forth below.

▪ In the event of a Renter’s cancellation of a reservation, Riders Share will remit a payout of any portion of the total fees due to you under the applicable cancellation policy.

▪ You authorize Riders Share to charge the payment method you have on file with our third-party Payment Processor. the Total Fees for any booking requested in connection with your User Account. Riders Share will collect the total fees according to the fee schedule. Riders Share will generally collect the total fees after the Owner accepts a booking request. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

▪ When you request to book a reservation, Riders Share may also (i) obtain a pre-authorization via your payment method for the total fees, or (ii) authenticate your account via our third-party payment service provider to verify that your billing method is sufficient and up-to-date.

▪ If a reservation is cancelled pursuant to the applicable cancellation policy you will be refunded any payments, less Riders Share’s service fees (which are non-refundable) and any other fees retained in accordance with the applicable cancellation policy. The timing to receive the refund or for the pre-authorization to be released will vary based on the payment method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

▪ You authorize Riders Share to cause our third-party payment processors to complete the payment method verifications described above, and to charge your payment method for any bookings made in connection with your user account. You hereby authorize Riders Share to collect any amounts due, by charging the payment method provided at checkout via our third-party payment processor.

Collections

If Riders Share is unable to collect any amounts you owe under these Payments Terms, Riders Share, or our legal team, may engage in collection efforts to recover such amounts. All payment obligations under these Payment Terms shall survive termination or expiration of this Agreement or your User account. You agree to pay interest on all overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law, and to reimburse Riders Share for all reasonable attorneys’ fees, collection costs, and expenses incurred in such collection efforts.

▪ Riders Share will deem any owed amounts overdue for authorized charges after forty (40) days have elapsed after Riders Share first attempts to charge the User’s payment method or the associated services have been provided, whichever is later. 

▪ Riders Share will deem any overdue amounts not collected to be in default when one hundred and twenty (120) days have elapsed after Riders Share first attempts to charge the User’s payment method or the associated services have been provided, whichever is later.

▪ You hereby explicitly agree that all communication in relation to amounts owed will be made by the communications methods provided to Riders Share by you at registration. Such communication may be made by Riders Share, or by anyone on their behalf, including but not limited to a third-party collection agent.

Dispute Resolution Process

Pursuant to these Payment Terms, as well as User’s reservation agreement, or in order to resolve Insurance or damages claims, to the extent Riders Share has been appointed to act as a limited representative on behalf of account holding Users, Riders Share provides a mandatory two-part dispute resolution process for all account holders.

Informal Dispute Resolution: Users may submit to Riders Share any dispute arising between Users as a result of using these Services for matters including Payment disputes, Damages, Cancellation, insurance claims, or other related matters by emailing support@RidersShare.com or submitting a help/dispute ticket through systems provided as a feature of these Services. Riders Share may at their sole discretion decide if the matter is appropriate to be resolved informally and internally with cooperation of affected Users, and according to the Riders Share Terms (including all incorporated terms and policies) Riders Share may elect to attempt to resolve the matter fairly and efficiently, to the extent provided for in the Terms of Service, as Riders Share may deem necessary in their sole discretion. Additionally, Riders Share may offer tools available to Users through their dashboard to satisfy any incidental or after-arising charges. For example, parking fines, failure to return fuel to level at time of pick-up, late fees. Riders Share may require, at their discretion, proof of such incidental charges. Users agree that Riders Share may charge authorized overages to Renters authorized payment method. Rider Share may require that based on the subject matter, OR in the event overages to be reimbursed exceed $500 USD, that Users use a formal dispute method or file a claim according to insurance terms. Riders Share retains the right to offer expedited reimbursement of overages as reflected by the Riders Share terms and agreement between the Parties. Users may be held responsible for fees incurred in the process of reimbursement.

Formal Dispute Resolution: If Riders Share declines to resolve the dispute, or in their discretion they determine that resolution of the dispute is not within the scope of the informal dispute resolution process, Riders Share may refer the matter to be resolved using the arbitration provisions contained in the Riders Share terms. Before beginning the formal dispute resolution process, Users must follow the pre-arbitration dispute resolution process as provided for below. 

Pre-Arbitration Process and Notice. Prior to initiating an arbitration, you agree to notify the other User party of the dispute and attempt to negotiate an informal resolution to it first to the extent Riders Share may have declined to resolve the dispute using the informal dispute resolution process. If after a good faith effort to negotiate for not less than thirty (30) days, the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email at least thirty (30) days prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with New Era ADR, and the written demand for arbitration must be provided to the other party. Written demand may be sent to Riders Share to the extent the arbitration process requires, or they elect to, act as the designee and representative in the scope of their limited agency, or under terms and conditions set forth by contract with third-party service providers.

Agreement to Arbitrate. You agree that any dispute, claim or controversy arising out of or relating to these Payments and Administrative Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the payment and administrative services (collectively, “Disputes”) will be settled by binding individual arbitration governed by the Federal Arbitration Act and, to the extent applicable, the laws of the State of Texas, without regard to conflict of law principles (the “Arbitration Agreement”). This Arbitration Agreement shall survive termination or expiration of these Payment and Administrative Terms and any User’s account. You and Riders Share each waive the right to a trial by jury and the right to participate in a class action, collective action, or other representative proceeding. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you agree that the arbitrator will decide that issue.

Exempted from Dispute Resolution: Riders Share may, at their sole election, decline to participate in any dispute resolution process to the degree the dispute pertains to matters arising from the contractual relationship between Users. Users are again reminded that Riders Share is not a party to the rental contracts entered into between Users, notwithstanding Riders Share’s role as limited payment agent and administrative services provider as set forth herein. Riders Share does not undertake to validate the accuracy or sufficiency of any listings or account information. Notwithstanding the Arbitration Agreement, Riders Share reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or platform integrity. Riders Share provides a reservation and rental template at the convenience of the Owner and Renter to record the terms of the transaction between them, subject to their acceptance of certain terms and recognition of Riders Share’s role in facilitating the transaction. Riders Share makes available to the Owners and Renters, the Reservation Agreement Template (“Template”). The use of this Template is optional and is provided on an “AS-IS” basis without any warranty of any kind. The Users are provided the ability to include additional terms using that template. Users may use alternate contracts to the extent they include the acknowledgements and waivers Riders Share has included incidental to the recitation of the terms to which the Parties have agreed. Users are advised that the provision of the template, or any other form provided through these services do not constitute legal advice, and Riders Share disclaims all liability arising from any User’s use of or reliance on the Template. It is offered with the capability to be modified and added to at the Parties’ discretion, Users are advised to seek legal advice to ensure the Template or any other form provided is adapted to their particular use and conforms to the laws of the jurisdiction in which they reside. Riders Share declines to resolve any disputes or claims to the extent they involve the use of the Template or contract interpretation thereof.