PASSENGER VEHICLE PROTECTION AND DAMAGE RESPONSIBILITY AGREEMENT
ELECTRONIC BOOKING ACCEPTANCE ADDENDUM TO THE MASTER MEMBERSHIP SERVICE AGREEMENT
This Passenger Vehicle Protection and Damage Responsibility Agreement (“Vehicle Protection Agreement”) is a separate electronic acceptance agreement incorporated into and made part of the FREELANCER Master Membership Service Agreement.
This Agreement is presented within the FREELANCER mobile application during the booking process and must be reviewed and accepted before the Passenger may complete a transportation reservation.
By selecting “I AGREE,” “ACCEPT AND CONTINUE,” or another electronic acceptance command, the Passenger acknowledges that the Passenger has read, understands, and agrees to be legally bound by this Agreement.
The Passenger further acknowledges that the electronic acceptance will be recorded and associated with the Passenger’s:
FREELANCER membership account
Passenger profile
Reservation number
Date and time of acceptance
Assigned payment instrument
Applicable transportation arrangement
Acceptance of this Agreement confirms the Passenger’s responsibility for intentional or unintentional vehicle damage, excessive soiling, contamination, prohibited conduct, misuse, negligence, or damage caused by members of the Passenger’s traveling party, guests, minors, animals, luggage, equipment, or personal property.
The Passenger may not complete the booking process without accepting this Agreement.
This Passenger Vehicle Protection and Damage Responsibility Agreement (“Vehicle Protection Agreement” or “Agreement”) is entered into between Freelancer LLC® (“FREELANCER,” “Company,” “we,” “us,” or “our”) and the individual accepting this Agreement (“Passenger,” “Member,” “Authorized User,” “you,” or “your”).
This Agreement is an additional and separate agreement incorporated into and made part of the FREELANCER Master Membership Service Agreement.
By electronically accepting this Agreement, requesting or receiving transportation services, or authorizing another person to travel under your membership, account, or reservation, you acknowledge and agree to the terms stated below.
1. Purpose
FREELANCER coordinates transportation services using independently owned and professionally operated vehicles.
Each vehicle represents a substantial financial investment, source of business income, and essential business asset of the participating Partner-Chauffeur.
The purpose of this Agreement is to establish the Passenger’s responsibility to treat the assigned vehicle with reasonable care and to accept financial responsibility for damage, excessive soiling, contamination, misuse, or loss caused during the Passenger’s travel arrangement.
2. Responsibility for the Traveling Party
The Passenger or Authorized User making or controlling the reservation accepts responsibility for the conduct of:
The Passenger
Members of the Passenger’s traveling party
Invited guests
Minors accompanying the Passenger
Individuals traveling under the Passenger’s account or reservation
Service or companion animals
Pets when permitted
Luggage, mobility devices, equipment, merchandise, or personal property brought into or placed upon the vehicle
The Passenger’s responsibility applies whether the damage was caused intentionally or unintentionally through misconduct, negligence, carelessness, misuse, failure to supervise, or failure to exercise reasonable care.
3. Passenger Duty of Care
The Passenger agrees to:
Enter, occupy, and exit the vehicle carefully
Use seats, doors, windows, controls, amenities, and equipment only as intended
Follow reasonable safety and vehicle-care instructions provided by the Partner-Chauffeur
Properly supervise minors, guests, animals, and personal property
Avoid conduct that may stain, tear, burn, break, contaminate, or otherwise damage the vehicle
Report any accident, spill, breakage, or damage immediately
Refrain from smoking, vaping, burning, or using prohibited substances inside the vehicle
Refrain from removing, altering, or misusing vehicle property or passenger amenities
Avoid loading items that may damage, contaminate, or create an unsafe condition within the vehicle
4. Prohibited Conduct
Except where expressly authorized in writing, the following activities are prohibited:
Smoking or vaping inside the vehicle
Burning tobacco, cannabis, incense, or any other substance
Consuming or possessing substances that create an unsafe or unlawful condition
Placing sharp, leaking, wet, oily, chemically treated, or improperly packaged items on vehicle surfaces
Standing, jumping, climbing, or placing feet on passenger seats or interior equipment
Tampering with safety equipment, cameras, controls, partitions, electrical systems, or vehicle technology
Forcing, striking, or improperly operating doors, windows, seats, liftgates, storage compartments, or other features
Removing vehicle equipment or amenities
Engaging in conduct that creates excessive soiling, offensive odors, biological contamination, or property damage
5. Passenger-Caused Damage
Passenger-caused damage may include, but is not limited to:
Burns, scorch marks, smoke residue, or vapor contamination
Food, beverage, cosmetics, ink, chemical, oil, bodily-fluid, or other stains
Tears, cuts, punctures, scratches, or damage to upholstery
Damage to carpeting, floor mats, headliners, panels, trim, or interior finishes
Broken or damaged seats, controls, screens, armrests, cup holders, charging ports, lights, handles, or amenities
Damage to windows, mirrors, doors, exterior panels, wheels, tires, lighting, or accessories
Damage caused by luggage, equipment, animals, mobility devices, merchandise, or personal property
Missing, removed, altered, or destroyed vehicle property
Excessive odors or contamination requiring professional treatment
Any condition requiring extraordinary cleaning, repair, restoration, replacement, inspection, or removal of the vehicle from service
Normal wear resulting from appropriate passenger use will not constitute passenger-caused damage.
6. Post-Trip Vehicle Inspection
The Passenger acknowledges that the Partner-Chauffeur is required to inspect the passenger cabin and accessible exterior areas immediately following trip completion and passenger drop-off.
The inspection will occur before the Partner-Chauffeur accepts or conducts another transportation assignment whenever reasonably possible.
The purpose of the inspection is to:
Detect newly occurring interior or exterior damage
Establish the probable origin of the damage
Preserve evidence
Determine whether the vehicle remains safe and serviceable
Protect both the Passenger and the Partner-Chauffeur from inaccurate claims
7. Video and Photographic Documentation
The Passenger acknowledges and agrees that the Partner-Chauffeur may create post-trip photographs and video recordings of the unoccupied vehicle for the purpose of documenting:
Damage
Stains
Tears
Breakage
Missing equipment
Excessive soiling
Contamination
Smoke or burn evidence
The condition of passenger and luggage areas
The serviceability of vehicle equipment and features
Post-trip documentation will be submitted to the FREELANCER Inventory Control Manager for review.
This provision does not authorize the improper recording or public disclosure of private passenger activity.
8. Passenger Notification
When potential passenger-caused damage is detected and sufficiently documented, FREELANCER may provide prompt notice to the Passenger or Authorized User.
The notice may contain:
A description of the reported damage
The date and applicable travel arrangement
Supporting photographs or video
Preliminary repair or cleaning information
An estimated or final damage assessment
Instructions for providing additional information
Instructions for disputing the assessment
Immediate notification may be preliminary and does not necessarily constitute the final determination or final charge.
9. Authorization to Assess Damage Charges
By accepting this Agreement, the Passenger authorizes FREELANCER, subject to applicable law and payment-processing requirements, to assess the Passenger’s authorized payment instrument for reasonable and documented costs arising from passenger-caused damage.
This authorization includes charges associated with damage caused by the Passenger and all persons, animals, luggage, equipment, and property for whom the Passenger is responsible under this Agreement.
Depending on the circumstances, FREELANCER may seek authorization for an estimated amount, place an authorized hold when permitted, or process the documented final amount after the evaluation is completed.
The Passenger remains responsible for valid damage costs when the payment instrument is declined, expired, disputed, canceled, closed, or otherwise unavailable.
10. Recoverable Costs
Recoverable costs may include:
Professional cleaning and sanitation
Smoke, vapor, chemical, or odor remediation
Biohazard or bodily-fluid cleanup
Upholstery, carpet, headliner, panel, trim, or interior restoration
Repair or replacement of vehicle equipment, controls, and amenities
Exterior body, glass, mirror, wheel, tire, lighting, or accessory repair
Replacement parts, materials, diagnostics, and professional labor
Towing and vehicle-transportation expenses
Safety inspections and post-repair reinspection
Reasonable administrative processing expenses where disclosed and permitted
Reasonable and documented loss of use resulting from the vehicle’s removal from service
Other reasonable expenses necessary to restore the vehicle to its prior approved condition
Charges will be based on available evidence, professional estimates, invoices, inspection findings, and other reasonable documentation.
11. Loss of Use
The Passenger acknowledges that passenger-caused damage may prevent the Partner-Chauffeur from conducting transportation assignments while the vehicle is being cleaned, inspected, repaired, restored, or awaiting necessary parts.
When supported by reasonable documentation and permitted under the applicable agreements and law, the Passenger may be responsible for reasonable loss-of-use costs directly connected to the period during which the vehicle is unavailable because of the reported damage.
Loss-of-use compensation is not intended to create a penalty or provide an unreasonable financial recovery.
12. Vehicle Reinspection
When damage affects the vehicle’s safety, cleanliness, presentation, equipment, or serviceability, the vehicle may be removed from the active FREELANCER inventory.
Following repair, cleaning, restoration, or replacement, the vehicle may be required to complete a reinspection before returning to service.
The Passenger may be responsible for reasonable reinspection expenses when the reinspection was made necessary by verified passenger-caused damage.
13. Review and Dispute Procedure
A Passenger who disputes responsibility or the amount of a damage assessment must submit the dispute within the time stated in the damage notification.
The dispute should include:
The reason for the dispute
Relevant photographs, video, communications, or witness information
Any information showing that the condition was preexisting
Any information showing that the damage was caused by another person or event
Any objection to the amount of the cleaning, repair, replacement, or loss-of-use assessment
FREELANCER may review the original documentation, obtain additional estimates, request further information, or arrange an independent evaluation.
Submission of a dispute does not automatically eliminate responsibility for a valid and documented charge.
Nothing in this Agreement eliminates any non-waivable rights available to the Passenger under applicable law or the Passenger’s agreement with the payment-card issuer.
14. False or Fraudulent Claims
FREELANCER will not knowingly approve false, inflated, misleading, or unsupported damage claims.
A Partner-Chauffeur who submits altered evidence, preexisting damage as newly occurring damage, fraudulent invoices, or knowingly inaccurate information may be subject to denial of payment, suspension, removal, or other action under the Partner-Chauffeur agreements.
Similarly, a Passenger who knowingly submits false information, alters evidence, or improperly disputes a valid and documented damage charge may be subject to membership restriction, account suspension, collection activity, or other remedies permitted under the governing agreements and applicable law.
15. Suspension of Passenger Privileges
FREELANCER may temporarily restrict or suspend the Passenger’s account while a significant damage investigation or unpaid damage obligation remains unresolved.
Repeated vehicle damage, serious misconduct, smoking, intentional destruction, threatening behavior, or refusal to satisfy a valid damage assessment may result in:
Loss of membership privileges
Cancellation of future reservations
Permanent removal from the FREELANCER platform
Collection proceedings
Referral to law enforcement when criminal conduct is reasonably suspected
Other remedies available under the Master Membership Service Agreement
16. No Limitation on Responsibility for Actual Damage
Any standard cleaning fee, smoke-remediation fee, administrative amount, deposit, authorization hold, or preliminary estimate will not limit the Passenger’s responsibility when the reasonable and documented cost of the actual damage exceeds that amount.
The Passenger may be responsible for the full reasonable cost necessary to restore the vehicle, subject to the governing agreements, available evidence, applicable law, and the FREELANCER review process.
17. Relationship to Other Agreements
This Vehicle Protection Agreement supplements the:
Master Membership Service Agreement
Passenger Membership or Subscription Agreement
Reservation Terms and Conditions
Payment Authorization
Passenger Code of Conduct
Privacy Policy
Arbitration and Dispute Resolution Agreement
Other applicable FREELANCER policies
When a direct conflict exists, the more specific provision governing passenger-caused vehicle damage will apply unless prohibited by law.
18. Vehicle Serviceability Inspection and Damage Verification Process
The Passenger acknowledges that the Partner-Chauffeur is required to document the condition and serviceability of the assigned vehicle before and after each passenger transportation assignment.
Pre-Trip Video Serviceability Inspection
During the required thirty-minute Passenger Staging period and before the Passenger enters the vehicle or the scheduled trip duration begins, the Partner-Chauffeur must conduct a Video Serviceability Inspection of the passenger cabin and other vehicle areas reasonably expected to be used during the transportation assignment.
The pre-trip inspection is intended to:
Document the condition of the vehicle before passenger occupancy
Identify preexisting stains, tears, damage, defects, or inoperable features
Confirm that the vehicle satisfies applicable FREELANCER serviceability standards
Protect the Passenger from responsibility for preexisting damage
Protect the Partner-Chauffeur from unrecoverable passenger-caused damage
Establish a reliable record for comparison with the post-trip inspection
The inspection may include:
Passenger seating and upholstery
Carpeting, flooring, and floor mats
Headliners, trim, and door panels
Seat belts, armrests, headrests, and passenger controls
Windows, privacy features, and interior glass
Charging ports, screens, entertainment systems, and passenger amenities
Interior lighting and climate-control features
Luggage and cargo-storage areas expected to be used
Passenger entry and exit areas
Accessible exterior areas that may be affected during loading, unloading, entry, or exit
Post-Trip Video Inspection
Immediately following trip completion and Passenger drop-off, and before accepting or conducting another transportation assignment, the Partner-Chauffeur must inspect the passenger cabin and accessible exterior areas of the vehicle.
When damage, excessive soiling, contamination, missing equipment, or another material condition is detected, the Partner-Chauffeur must immediately create video and photographic documentation and submit an incident report to the FREELANCER Inventory Control Manager.
The post-trip inspection is intended to:
Identify newly occurring interior or exterior damage
Preserve timely evidence
Establish the probable origin of the reported condition
Determine whether the vehicle remains safe and serviceable
Allow prompt Passenger notification
Support a fair and documented damage-review process
Evidence Review and Comparison
When passenger-caused damage is reported, the FREELANCER Inventory Control Manager may compare:
The pre-trip Video Serviceability Inspection
The immediate post-trip video inspection
Photographs and original media files
Date and time records
Reservation and transportation-assignment information
Previously reported vehicle conditions
Passenger and Partner-Chauffeur statements
Repair, cleaning, restoration, or replacement estimates
Inspection findings and professional invoices
Other reasonably available evidence
The purpose of this comparison is to determine whether the reported condition:
Existed before the Passenger entered the vehicle
Occurred during the applicable transportation assignment
Resulted from ordinary use, negligence, misuse, or intentional conduct
Requires cleaning, repair, restoration, replacement, or reinspection
Is supported by reliable and timely evidence
A Passenger should not be held responsible for preexisting damage, ordinary wear, or a condition that cannot reasonably be connected to the applicable transportation assignment.
Protection Against False Damage Claims
FREELANCER prohibits the submission of false, exaggerated, fabricated, altered, duplicated, or misleading vehicle-damage claims.
A Partner-Chauffeur may not:
Present preexisting damage as Passenger-caused damage
Conceal known damage during the pre-trip inspection
Stage, create, worsen, or manipulate damage
Alter or misrepresent video, photographs, timestamps, or trip records
Submit evidence from another vehicle or transportation assignment
Submit false, inflated, duplicate, or unrelated repair estimates or invoices
Attempt to charge more than one Passenger for the same damage
Seek payment for work unrelated to the reported condition
FREELANCER may suspend a damage assessment while investigating suspected falsification or material misrepresentation.
A substantiated false claim may result in denial or reversal of the damage assessment, suspension or termination of the Partner-Chauffeur, removal of the vehicle from the FREELANCER inventory, repayment obligations, and referral to appropriate civil, regulatory, or law-enforcement authorities where warranted.
Passenger Access and Notification
When sufficient preliminary evidence indicates possible passenger-caused damage, FREELANCER may provide the Passenger with:
A description of the reported condition
The date and applicable transportation assignment
Relevant photographs or video evidence
Preliminary or final cleaning and repair information
The proposed damage assessment
Instructions for submitting information or disputing responsibility
The Passenger may request review of the available evidence according to the dispute procedures established under this Agreement.
This inspection and verification process is intended to protect both the Passenger and the Partner-Chauffeur through objective documentation, timely reporting, fair evaluation, and professional accountability.
18. Electronic Acceptance
The Passenger’s electronic signature, checkbox acceptance, digital acknowledgment, account acceptance, or other verifiable electronic consent constitutes acceptance of this Agreement.
The Passenger should retain a copy for personal records.
19. Continuing Effect
This Agreement applies to every travel arrangement requested, purchased, received, or authorized through the Passenger’s membership, account, reservation, or approved payment instrument unless superseded by a later written version.
20. Acknowledgment and Acceptance
By accepting this Agreement, the Passenger acknowledges that:
The assigned vehicle is the business property and operating asset of an independent Partner-Chauffeur.
The Passenger must exercise reasonable care while using the vehicle.
The Passenger accepts responsibility for the conduct of the traveling party and property brought into the vehicle.
The vehicle may be inspected and documented immediately after passenger drop-off.
Passenger-caused damage may result in cleaning, repair, replacement, inspection, loss-of-use, and related charges.
FREELANCER may assess properly authorized and reasonably documented charges to the Passenger’s payment instrument.
The Passenger will receive notice and an opportunity to submit relevant information concerning the assessment.
This Agreement is incorporated into the Master Membership Service Agreement as a separately accepted addendum.
I HAVE READ, UNDERSTAND, AND AGREE TO THE PASSENGER VEHICLE PROTECTION AND DAMAGE RESPONSIBILITY AGREEMENT.
By selecting “I AGREE,” “ACCEPT AND CONTINUE,” or another electronic acceptance command, the Passenger acknowledges that the Passenger has read, understands, and agrees to be legally bound by this Agreement.