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Terms & Conditions

Elite Driver Services – Liability Waiver, Insurance Acknowledgement & Independent Contractor                      Agreement (Ontario)

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By booking or using the services of Elite Driver Services (“the Company”), the client (“the Client”) acknowledges and agrees to the following:

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1. Nature of Service

Elite Driver Services provides designated driver services primarily. The Company does  provide limousine and private passenger transportation services from time to time, and does not take possession, custody, or control of the Client’s vehicle beyond operating it at the Client’s request.

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2. Independent Contractor Relationship

The Client acknowledges and agrees that drivers providing services through Elite Driver Services are independent contractors, and not employees, partners, agents, or joint venturers of the Company.

At Elite Driver Services we strive to maintain and provide first class/high end type service and upon signing on with the company we  provide our contractors instruction on what we expect when it comes to their providing customer service on behalf of the company.

Elite Driver Services does not control the manner or means by which drivers perform the service, and shall not be responsible for the acts or omissions of drivers beyond what is required by applicable law. However if you feel in anyway a situation warrants our attention please don't hesitate to contact the company.

Nothing in this agreement shall be construed to create an employment relationship or to impose vicarious liability on Elite Driver Services.

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3. Vehicle Insurance Is Primary

The Client understands and agrees that:

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  • All insurance coverage applicable to the trip is provided primarily by the Client’s own automobile insurance policy, as required under Ontario law.
     

  • Any insurance maintained by Elite Driver Services, if applicable, is secondary and excess only, and shall not be interpreted as primary coverage for the Client, passengers, or vehicle.
     

4. No Representation of Insurance Coverage

Elite Driver Services makes no representations or warranties regarding the existence, scope, or limits of any insurance coverage applicable to the Client, passengers, or vehicle. The Client is solely responsible for confirming adequate insurance coverage.

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5. Vehicle Ownership, Authority, and Condition

The Client confirms they are the legal owner of the vehicle or have full authority to permit its use. The Client is solely responsible for ensuring the vehicle is:

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  • legally registered,
     

  • properly insured,
     

  • mechanically safe and roadworthy.
     

The Company assumes no responsibility for pre-existing damage, mechanical defects, or failures.

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6. Release and Waiver of Liability

To the fullest extent permitted by the laws of the Province of Ontario, the Client releases, waives, and forever discharges Elite Driver Services, its owners, officers, employees, agents, contractors, and representatives from any and all claims, actions, damages, losses, costs, or liabilities arising out of or related to the service, including but not limited to:

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  • motor vehicle collisions,
     

  • personal injury or death,
     

  • property damage,
     

  • traffic citations or fines,
     

  • acts or omissions of third parties.
     

7. No Subrogation

To the extent permitted by law and by the Client’s insurance policy, the Client agrees that their insurer shall waive any right of subrogation against Elite Driver Services.

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8. Alcohol, Drugs, and Passenger Conduct

Elite Driver Services assumes no duty to assess, monitor, or control the Client’s or passengers’ level of intoxication or impairment. The Client remains fully responsible for their own conduct and that of all passengers. At no time will it be permissible for the client or any passengers to engage in the use of any drug or alcohol during the use of our service. Elite reserves the right to cancel our services at any time should we feel a situation warrants it, our drivers safety is very important to us.

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9. Personal Property

Elite Driver Services is not responsible for loss, theft, or damage to personal property left in the vehicle.

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10. Indemnification

The Client agrees to indemnify, defend, and hold harmless Elite Driver Services from any claims, damages, losses, liabilities, or legal expenses arising from:

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  • ownership, insurance, or condition of the vehicle,
     

  • acts or omissions of the Client or passengers,
     

  • violations of law,
     

  • any breach of this agreement.
     

11. Limitation of Liability

In no event shall Elite Driver Services be liable for any indirect, incidental, consequential, or punitive damages, whether arising in contract, tort, or otherwise.

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12. Governing Law and Severability

This agreement shall be governed by the laws of the Province of Ontario, Canada. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

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13. Acceptance

By booking or using Elite Driver Services, the Client confirms they have read, understood, and agreed to this Liability Waiver, Insurance Acknowledgement, and Independent Contractor Agreement in its entirety.

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