The following shall constitute the agreement between Smart Fellas Kenya Limited, P.O. Box 63842-00619, Nairobi, one hand, and the person identified below ("Member"), on the other, with regard to membership in Smart Fellas Kenya Limited driving service (the "Service") on the following terms and conditions (the "Agreement"):
Member hereby subscribes to become a member of the Service. The Service consists of Smart Fellas Kenya Limited sending one car and two drivers (collectively, the "Driver") to pick up Member at a specified location and to drive Member and his/her guests to his/her home or any disclosed location in Member's own car. If Member has guests in need of separate drop-off(s) at other locations, Driver shall drop them off as well, subject to his sole discretion, for an additional fee per location payable by Member as described below (up to a maximum of 4 guests/locations). All ride and mileage fees shall be provided to Driver in full at the time of pick-up. Member acknowledges that this agreement begins on the date signed and remains in effect for one year and that cancellation of this agreement requires a 30 day notice.
Member will choose from one of the packages listed below:
a) Smart Fellas:
Annual Registration fees of Ksh 3,000 per annum which includes the first trip free with additional mileage charged at:
|Distance From||Distance To||Charge In KES Per KM|
b) Smart Family:
Annual Registration fees of Kshs 5,000 per annum which includes the free trip free with additional mileage charged at:
|Distance From||Distance To||Charge In KES Per KM|
c) Smart Host
This is a package for Bars, Restaurants, Hotels, Casinos and Membership Clubs.
d) Smart Company
If entertaining is part of the job for your staff; the likelihood is that they may often be getting behind the wheel while under the influence of alcohol. It does not only place their safety at risk, but can also have a major impact on your business. If caught, they will get a criminal record, jail time and may lose their license. If they damage property, harm themselves or anybody else while behind the wheel the consequences would be far worse. It will not only impact their ability to do their job, but could also damage the reputation of your business.
d) Smart Bash
At Smart Fellas, we specialize in getting people home safely in their own cars. The Smart Function Service allows nonmembers the benefit of utilizing this member’s only service on an ad hoc basis.
Member hereby represents, warrants, agrees and authorizes that:
a) Member is the rightful owner, lessee or caretaker of the vehicle/s listed below (“the Vehicle");
b) Driver is permitted to drive Member's Vehicle for the purposes set forth in this Agreement;
c) The Vehicle will have sufficient fuel to reach all drop-off location(s);
d) Member shall pay any and all expenses required to get Member's Vehicle to its destination, including but not limited to:
e) Member shall pay a Kshs 500 cancellation fee for failure to show up at prearranged pick-up point. Failure to show up will be determined if Member has not met Driver within 30 minutes of Driver arriving at location and/or making contact with Member;
f) If additional time is needed by Member (beyond 30 minutes), a Kshs 500 fee will be assessed for every 15 minutes to a maximum of Kshs 2,000 per hour waiting. Time will be counted 15 minutes after the Driver has made contact with the Member.
g) Member shall obey all civil and criminal laws while utilizing the Service;
h) Vehicle's registration, insurance and license tags are current; and that the vehicle is covered by a fully comprehensive insurance policy;
i) Vehicle is maintained in good working condition and in compliance with all applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive;
j) No contraband, substances or other items which are illegal for transport are concealed or within the Vehicle.
k) Coverage area is considered all areas within the Greater Nairobi city.
l) Smart Fellas Kenya Limited and/or Driver are permitted to seek emergency medical care in the event Member is injured or becomes ill during transport from the pick-up location to the drop-off location;
Member hereby provides the name and phone number for an emergency contact person: In the event that an emergency arises, Member authorizes Smart Fellas Kenya Limited and/or Driver to attempt to contact the person named.
Smart Fellas Kenya Limited and Driver reserve the right to refuse to provide the Service to Member or to any other person if, in Driver's sole discretion, such service would be unsafe to Driver because:
(a) Member or a guest is impaired to the point of unconsciousness;
(b) Member or guest is armed, belligerent, violent, verbally or physically threatening or abusive;
(c) the Vehicle is unsafe to drive; or
(d) any other facts or circumstances relevant to Driver's safety, as determined in Driver's sole discretion.
Smart Fellas Kenya Limited provides its Service subject to availability and assumes no liability should all Drivers be booked at the precise time when Service is requested.
(a) releases Smart Fellas Kenya Limited, its officers, employees, agents, Drivers and/or any other person acting on its behalf from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Service; and
(b) agrees not to initiate any legal proceedings against Smart Fellas Kenya Limited, its officers, employees, agents, Drivers and/or any person acting on its behalf with respect to any such claims or damages, which Member is releasing. Member is aware that various risks are involved in the Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, Member wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.
Without limiting the preceding paragraphs above, Smart Fellas Kenya Limited’s and its Drivers' liability for failure to perform under this Agreement or for injury or damage will be limited to Kshs 10,000. In no event shall Smart Fellas Kenya Limited or its Drivers be liable for any special, consequential, exemplary or punitive damages.
Member shall indemnify, defend and hold Smart Fellas Kenya Limited, its officers, employees, agents, Drivers and/or any person acting on its behalf harmless from and against any and all losses, liabilities, damages, fines, penalties and expenses (including attorneys' fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.
Smart Fellas Kenya Limited will be deemed to have accepted this Agreement, without execution, upon the acceptance of payment of membership fees. The parties acknowledge and confirm that they have participated jointly in the review of this Agreement.
Each Driver is hereby designated as a third-party beneficiary of this Agreement.
Member fully intends and understands that the waiver of liability and hold harmless provisions of this Agreement shall be binding upon Member's family, heirs, assigns, and/or personal representatives
Each party to this agreement represents that it is a sophisticated party capable of understanding all of the terms of this agreement, that it has had an opportunity to review this agreement, and that it enters into this agreement with full knowledge of the terms of the agreement. Member acknowledges and agrees that at the time Service is requested, Member may be intoxicated. Accordingly, Member hereby affirms that this Agreement and the waivers and releases contained herein are binding on Member and will continue to be binding, notwithstanding the fact that Member may be intoxicated at the time he or she requests the Service.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and all prior and contemporaneous representations, negotiations and agreements between the parties are superseded and replaced hereby. There are no oral or written representations, agreements, understandings or circumstances which modify any of the provisions hereof. This Agreement shall be governed by the laws of the Republic of Kenya without regard to the conflict of laws provisions thereof, and may be amended only in a writing signed by both parties. No rights of any party hereunder may be waived except by a writing signed by the party to be charged with such waiver. If any provision of this Agreement is determined to be illegal or unenforceable by an arbitrator or a court of competent jurisdiction, this Agreement shall remain valid as though such provision had not been contained herein.
The terms contained herewith may change without further notice.