GOKART, LLC AGREEMENT FOR TRANSPORTATION
Please read these Terms of Service (the Terms) carefully. They govern your use of our Web App
and Site and our platform which you can use to obtain transportation services.
We make our Web App and Site and services available to individuals registered with GoKart,
LLC (“GoKart”), who are interested in obtaining rides for their children associated with their
By accessing or using GoKart’s services (the “Services”), you confirm your agreement to be
bound by these Terms. If you do not agree to these Terms, you may not access or use the
Services. These Terms expressly supersede prior agreements or arrangements with you. GoKart
may immediately terminate these Terms or any Services with respect to you, or generally cease
offering or deny access to the Services or any portion thereof, at any time for any reason.
Annual Administrative Fee Per Family: Member agrees to a non-refundable annual membership
fee, per family of $30, due at account creation, and due every year hereafter, as long as Member
is active. PayPal payment can be made to: email@example.com. Or check mailed
to: 725 Transom View Court, Cary, NC 27519
1. Member Rides and/or Services Fees:
• Members pay $15 for the first 5 miles and $1.25 per mile after, depending on distance
between the pick-up and delivery addresses. There is no additional fee for your second child.
There is an additional $5 fee for the third child and $5 per child thereafter up to the maximum
occupancy in the vehicle.
• Pricing will vary for drives after 7 PM and throughout the weekend. An additional $3 for for
first 5 miles and an addtitional $.75 per mile after for drives after 7:00 pm and on weekends.
2. Other Service Fees:
• Waiting time, above the scheduled pick-up time is $5 for every 10 minutes.
• For a GoKart driver to park and walk a child into or out of school, sign in or out of an activity
or camp, is a $5 fee.
• Additional stops, whether a second school line, or home to change before taken to practice or
lunch stop is an additional $5.
• If a child is delivered to their original location and they are locked out, or the activity is
cancelled and the child needs to be taken to an additional location is a $20 fee plus the additional
• Member will be charged any additional fees via PayPal and must be paid immediately so as to
pay your driver.
3. Refund Policy:
• Any time that your child will not require transportation as scheduled, notification must be
made to GoKart no less than four (24) hours prior to the scheduled pick-up time. Rides
cancelled within 24 hours will receive a refund minus a $15 fee.
• Refunds are not given if rides cancelled within 4 hours of the pick-up time.
• Parent may e-mail firstname.lastname@example.org or text (919) 428-7784 for changes in your
GoKart, will provide scheduled transportation pursuant to the following terms and conditions:
a. GoKart agrees to provide transportation to and/or from the designated
locations for the agreed upon dates of service.
b. We will always strive to be on-time, however, contingencies like weather,
traffic congestions, a late pick up before yours, accidents along the route can also
cause delays, which are beyond our control. GoKart shall not be held responsible
for such delays, nor do we refund any of the payment made because of the
c. We are not responsible for information such as your child’s cell phone or
address input incorrectly. It is the Members responsibility for correct and up to
d. Seat belts are required for all passengers at all times.
e. GoKart reserves the right to cancel the agreement for transportation services
without notice at any time due to disciplinary problems with a child while riding
f. GoKart is not liable for the health, safety or welfare of your child once your
child is delivered to the agreed destination and has been picked up by a previously
agreed-upon parent or guardian.
4. Changes to Terms or Services
GoKart may modify these Terms at any time, in our sole discretion. If we do so, we will let you
know either by posting the modified Terms on the Site or Web App or through other
communications. It is important that you review the Terms whenever we modify them because if
you continue to use the Services after we have posted modified Terms on the Site or Web App,
you are indicating to us that you agree to be bound by the modified Terms. Our Services are
evolving over time we may change or discontinue all or any part of the Services, at any time and
without notice, at our sole discretion.
You may use the Services as the primary account-holder only if you are 18 years or older. If you
are under 18 years of age (or the age of legal majority where you live), you may only access or
use the Services under the account of and with supervision of a parent or legal guardian who has
agreed to be bound by these Terms. If you are a parent or legal guardian of a child under the age
of 18 (or the age of legal majority) who will be using the Services, you agree to be fully
responsible for the acts or omissions of such Passenger in connection therewith.
6. Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, GoKart
driver vehicles and property resulting from use of the Services under your Account in excess of
normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that
GoKart reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified
by GoKart with reasonable discretion, GoKart reserves the right to facilitate payment for the
reasonable cost of such Repair or Cleaning on behalf of the GoKart driver, using PayPal as a
form of payment due immediately. Such amounts will be transferred by GoKart to the applicable
driver and are non-refundable. You acknowledge and agree that GoKart may, and you hereby
authorize GoKart to, send a PayPal request up to $100, to be completed by you, for any damages
incurred that were caused by passengers during a Ride.
We welcome feedback, comments and suggestions for improvements to the Services. You can
submit Feedback by contacting GoKart at: email@example.com.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless
GoKart and each of our respective officers, directors, agents, partners and employees
(individually and collectively, the (“GoKart Parties”) from and against any loss, liability, claim,
demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising
out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback;
(c) your violation of these Terms; (d) your violation, misappropriation or infringement of any
rights of another person or entity (including intellectual property rights or privacy rights); (e)
any breach or alleged breach of any representation or warranty in this Agreement; or (e) your
conduct in connection with the Services, including any bodily injury or property damage you
cause. You agree to promptly notify GoKart Parties of any third party Claims, cooperate with
GoKart Parties in defending such Claims and pay all fees, costs and expenses associated with
defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the
GoKart Parties will have control of the defense or settlement of any third party Claims. This
indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written
agreement between you and GoKart or the other GoKart Parties.
Although GoKart conducts driver screenings described at http://gokartnc.com/safety/, and
although only drivers who successfully complete the screening process, as determined in
GoKart’s discretion, are permitted to provide Services, no screening process is perfect. As a
result, GoKart cannot and does not guarantee, and makes no representations regarding, the
accuracy or efficacy of the screening process or the suitability, safety, ability, reliability, or
accuracy of any driver, or the condition of the vehicles in which any Services are performed.
GoKart will not participate in disputes between you and a driver. By using the Services, you
acknowledge that you may be exposed to situations involving a driver that are potentially
unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of the Services is
at your own risk and judgment. GoKart will not have any liability arising from or in any way
related to your transactions or relationship with a driver or in connection with any failure or
error with respect to any driver screenings.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) GOKART AND THE OTHER
WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR
DAMAGES OR LOST PROFITS, EVEN IF GOKART OR THE OTHER GOKART PARTIES
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL
GOKART AND THE OTHER GOKART PARTIES, FOR ANY CLAIM ARISING OUT OF OR
THESE TERMS OR OUR SERVICE OR THE GOKARTER SERVICES, REGARDLESS OF
THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross
negligence, fraud or intentional misconduct of GoKart or the other GoKart Parties or for any
other matters in which liability cannot be excluded or limited under applicable law. Additionally,
some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release GoKart and the other GoKart
Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential)
of every kind and nature, known and unknown (including, but not limited to, claims of
negligence), arising out of or related to disputes between users and the acts or omissions of third
parties including GoKart drivers.
12. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes
and claims with GoKart and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or GoKart seek to bring an individual action in
small claims court located in the county of your billing address or disputes in which you or
GoKart seeks injunctive or other equitable relief for the alleged unlawful use of intellectual
property, you and GoKart waive your rights to a jury trial and to have any dispute arising out of
or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or
relating to these Terms or our Service will be resolved through confidential binding arbitration
held in Wake County, North Carolina in accordance with the Streamlined Arbitration Rules and
Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are
available on the JAMS website and hereby incorporated by reference. You either acknowledge
and agree that you have read and understand the rules of JAMS or waive your opportunity to
read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for
You and GoKart agree that any dispute arising out of or related to these Terms or our Service is
personal to you and GoKart and that any dispute will be resolved solely through individual
arbitration and will not be brought as a class arbitration, class action or any other type of
You and GoKart agree that these Terms affect interstate commerce and that the enforceability of
this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9
U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited
by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to
make all procedural and substantive decisions regarding any dispute and to grant any remedy that
would otherwise be available in court; provided, however, that the arbitrator does not have the
authority to conduct a class arbitration or a representative action, which is prohibited by these
Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more
than one individual’s claims, preside over any type of class or representative proceeding or
preside over any proceeding involving more than one individual. You and Company agree that
for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining
JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS
fees and costs. You and GoKart agree that the state or federal courts of the State of North
Carolina and the United States sitting in Wake County, North Carolina have exclusive
jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICE
FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS
PERMANENTLY BARRED, WHICH MEANS THAT YOU AND GOKART WILL NOT HAVE
THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted
the terms of this Section 12 by emailing GoKart at firstname.lastname@example.org In order to
be effective, the opt out notice must include your full name and clearly indicate your intent to opt
out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve
Disputes in accordance with Section 17.
13. Governing Law and Venue
These Terms and your access to and use of our Service will be governed by and construed and
enforced in accordance with the laws of North Carolina, without regard to conflict of law rules
or principles (whether of North Carolina or any other jurisdiction) that would cause the
application of the laws of any other jurisdiction. Any dispute between the parties that is not
subject to arbitration or cannot be heard in small claims court will be resolved in the state or
federal courts of North Carolina and the United States, respectively, sitting in Raleigh, North
14. Electronic Communications
By creating a GoKart account, you also consent to receive electronic communications from
GoKart. These communications may include notices about your account (e.g., payment
authorizations, password changes and other transactional information) and are part of your
relationship with us. You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal communication
requirements, including, but not limited to, that such communications be in writing
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from these Terms and does not affect the
validity and enforceability of any remaining provisions.