Terms of Service
Trolley Express Philly, Inc. dba ShuttleBee
Updated April 24, 2018
1. DESCRIPTION OF SERVICES. ShuttleBee works in conjunction with local transportation companies and independent contractors to provide transportation services to parents/guardians and schools ("you") for your children or students, as applicable ("Passengers"). ShuttleBee will not provide the Services on the first day of school when ShuttleBee will run through the route to confirm timing, unless otherwise agreed.
2. PAYMENT FOR SERVICES. The Services are provided to you on an annual subscription basis and must be pre-paid by you as directed by ShuttleBee. Subscriptions are completed on an annual school-year basis, based on the School District of Philadelphia's school year unless otherwise agreed. Payment for subscription services is due for each of 10 months in the school year and is not refundable. You can opt to find a replacement for your subscription if your circumstances change, however, you will remain primarily responsible for payment to ShuttleBee. You are responsible for promptly reporting attendance changes directly to ShuttleBee. For each Passenger that is late to their pickup location, ShuttleBee may assess a charge of $50 to cover the additional time for the driver/vehicle and any delays caused to ShuttleBee's other Passengers. ShuttleBee will make reasonable efforts to contact you and/or your emergency contacts previously provided to ShuttleBee before moving along the route if your Passenger is not present at their pickup location at the designated time, but ShuttleBee cannot guarantee transportation if your Passenger is late to their pickup location.
3. PARENT/GUARDIAN REQUIREMENTS. By subscribing to the Services, parents/guardians agree to: (a) confirm or approve use or non-use of standard booster seats provided by ShuttleBee (all Passengers will utilize boosters unless ShuttleBee has permission from you in writing permitting ShuttleBee not to do so); (b) accompany your Passenger, or arrange for a responsible adult to accompany your Passenger, to the ShuttleBee designated pick-up location; (c) be aware of school and daycare closings, late starts/delays and inclement weather conditions prior to allowing your Passenger to board the vehicle; (d) assist your Passenger with following age-appropriate guidelines for riding the vehicle and maintaining compliance with the rules and regulations included in these Terms; and (e) opt-in to limited monthly marketing offers in order to utilize Services at the reduced subscription rate. Furthermore, you hereby consent to receiving text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from ShuttleBee in connection with the Services, including calls that are automatically dialed and/or include pre-recorded messages.
4. SCHOOL REQUIREMENTS. Any school subscribing to the Services hereby agrees to act in accordance with, and ensure that the parent/guardians of the school's Passengers agree to act in accordance with, the parent/guardian requirements set forth in Section 3 above. Any school that subscribes to the Services hereby (a) represents and warrants to ShuttleBee that the school has obtained, and will maintain, sufficient written permission to use the Services on behalf of each parent/guardian of any applicable Passenger along with a signed release in the form of Section 10 of these Terms; and (b) agrees to indemnify, defend and hold ShuttleBee harmless from any claims of any third parties (including, without limitation, any parent/guardian of a Passenger using the Services in connection with a subscription for Services entered into by that Passenger's school) arising from or related to such school's breach of these Terms, including any representations and warranties.
5. ROUTES AND TIMING. Routes are determined by ShuttleBee based on demand from its customers. At times, routes may need to be altered due to circumstances beyond the reasonable control of ShuttleBee or the vehicle operators. In the event of lengthy route alterations due to construction, road closings, or other unforeseeable circumstances, ShuttleBee will make reasonable efforts to maintain the original pick-up and drop-off times. If the times must be altered, you will be notified in advance to the extent reasonably possible. Refunds will not be granted due to route changes beyond the reasonable control of ShuttleBee or the vehicle operator. At times, destination facilities may have a delayed/late start due or early dismissal to inclement weather or other conditions. ShuttleBee will make reasonable efforts to accommodate such delayed schedules but cannot guarantee Services in the event of such delays.
6. RULES AND REGULATIONS. Passengers must comply with the following rules, as determined by ShuttleBee in its sole discretion, in connection with your use of the Services:
Remain seated with seat belt on at all times;
No horseplay or roughhousing;
No eating, drinking or gum chewing;
Must be able to understand and comply with basic commands/requests;
No weapons of any kind are allowed onboard at any time;
No fighting or unwanted physical touching;
Personal items must be removed upon exiting the vehicle;
ShuttleBee will not be responsible for any lost or damaged personal property;
Must only board and disembark at their prior-designated stops;
Destinations cannot be changed unless agreed to in writing between you and ShuttleBee in advance; and
Must remain inside the vehicle at all times (e.g., no sticking heads or arms out of windows) and must not throw objects out of windows.
7. TERMINATION BY SHUTTLEBEE. Safety is of the utmost priority to ShuttleBee. As such, strict compliance with these Terms must be enforced. ShuttleBee reserves the right at all times, in its sole discretion, to immediately refuse, suspend or terminate the provision of the Services to any person or entity not in compliance with these Terms. No refunds will be issued for any Services not provided due to non-compliance with these Terms, nor will ShuttleBee be held liable for any damages resulting from any such termination.
8. DISCLAIMER. To the fullest extent permitted by applicable law, ShuttleBee and its employees, officers, directors, shareholders, affiliates, contractors and agents expressly disclaim all warranties of any kind, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose, in connection with the Services. Your use of the Services is at your sole risk. The Services are provided "as is" and "as available".
9. LIMITATION OF LIABILITY. ShuttleBee will not be liable for delays or cancellation of service caused by equipment failure, accidents, traffic conditions, environmental conditions, road construction or any other conditions beyond the control of ShuttleBee. ShuttleBee and the vehicle operators will exercise their discretion in canceling or suspending service in the event of unsafe or hazardous conditions and will not be held liable for any damages due to the cancellation or suspension of Services in those circumstances. It is possible that on occasion, schools will remain open in conditions deemed hazardous by ShuttleBee and Services will be canceled. In that event, you will need to make alternate arrangements for your Passenger's transportation until Services resume. To the fullest extent permitted by applicable law, in no event will (a) ShuttleBee be liable, under any theory of liability (e.g., tort, contract, statutory, etc.), for any indirect, consequential, incidental, special, punitive or exemplary damages, including, without limitation, lost profits or "costs of cover", arising from or relating to your use of the Services, whether or not ShuttleBee was advised of or knew or should have known of the possibility of such damages; and (b) ShuttleBee's total aggregate liability for any and all damages arising from or related to your use of the Services exceed an amount equal to the total fees paid by you to ShuttleBee for the Services during the applicable annual subscription period. You acknowledge and agree that ShuttleBee, including its employees and independent contractors, does not provide medical services and that in the event of a medical emergency ShuttleBee's entire obligation and responsibility will consist of making reasonable good faith efforts to immediately seek emergency medical assistance by calling "911".
10. RELEASE. To the fullest extent permitted by applicable law, you hereby release ShuttleBee and its employees, officers, directors, shareholders, affiliates, contractors and agents from any claims, demands, losses, or actions of any kind, including, without limitation, with respect to personal injuries, death and property damage, that arises from or is related to, directly or indirectly, your use of the Services.
11. INDEMNIFICATION. You agree to defend, indemnify and hold harmless ShuttleBee and its employees, officers, directors, shareholders, affiliates, contractors and agents from and against any actual or alleged claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to your breach of these Terms or your/your Passenger’s use of the Services other than as expressly authorized in these Terms.
12. NON-CIRCUMVENTION. You agree not to, directly or indirectly, retain any driver first introduced to you by or through your use of the Services for transportation services except to the extent arranged by ShuttleBee through your use of the Services. If ShuttleBee determines, in its reasonable discretion, that you have breached this Section 12, ShuttleBee may immediately terminate your use of the Services and/or assess you a fee of $3,000, payable to ShuttleBee within five (5) days of your being notified of such assessment, which shall constitute liquidated damages and not a penalty.
13. SEVERABILITY; ENTIRE AGREEMENT. The provisions of these Terms shall be deemed severable, and the invalidity or unenforceable of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceable shall have no effect on these Terms as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. Unless explicitly stated in a separate agreement between you and ShuttleBee, these Terms constitute the sole and entire agreement between you and ShuttleBee with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If a separate contract is made between you and ShuttleBee with respect to the Services, the terms of the separate contract control in the event that those terms may be in conflict with these Terms.
13. APPLICABLE LAW AND VENUE. These Terms shall be governed and interpreted by and under the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Any dispute arising from or related to these Terms or the Services shall be heard exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Philadelphia and County of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. MISCELLANEOUS. If any suit or action arising out of or related to these Terms is brought by any party, the prevailing party shall be entitled to all reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by such party. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Accepted and agreed as of , 20___: