car MEMBERSHIP MANUAL If applying for membership you must read and understand all of this Manual before signing the Membership Application.

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1 MEMBERSHIP MANUAL 1. Introduction Welcome to the Nanaimo CarShare Cooperative. The terms and conditions in this Manual are for the benefit of our members, and the general well-being of the Nanaimo CarShare Cooperative as a whole. This Manual is additional to: the Cooperative s Memorandum and Rules of Incorporation. The Memorandum and Rules outline the legal structure and procedures of the Nanaimo CarShare Cooperative; the Membership Agreement. This includes an agreement to abide by the Rules and this Manual; it acknowledges the liability of members for various charges and limits the liability of the Nanaimo CarShare Cooperative; vehicle operator s manuals. These provide operating instructions specific to each vehicle. Members are required to abide by all of these documents. If applying for membership you must read and understand all of this Manual before signing the Membership Application. By signing the Membership Application you are indicating your understanding of the various rules and obligations contained in this Membership Manual and you are agreeing to abide by those rules and obligations. Your and the Nanaimo CarShare Cooperative s legal rights and obligations are determined solely by the terms in this Manual, the Membership Agreement, the Rules and vehicle operator s manuals, in each case as amended from time to time. 2. Definitions In this agreement, Associate Member means a Member who lives in the same physical household as a Principal Member (the Associate Member s Principal Member Partner ) and whose Principal Member Partner has agreed that his/her shares will be security for debts to the Nanaimo CarShare Cooperative owing from the Associate Member; Board means the board of directors of the Nanaimo CarShare Cooperative; Coop, Cooperative mean in each case the Nanaimo CarShare Cooperative; Coop Vehicle means a vehicle owned/leased by the Nanaimo CarShare Cooperative and includes any equipment in the vehicle; Designated Driver means a driver designated as the driver for a special needs member under section 9 of this Manual; Emergency Driver means a driver allowed to drive a Coop Vehicle under the personal supervision of a Member for the duration of an emergency in accordance with section 16 of this Manual; Full Member means Principal Member; Manual page 1 of 11

2 means the Membership Manual approved by the Board, including any amendments to it; Member includes both a Principal Member and an Associate Member; Member Service Representative means any authorized member or staff member of the Nanaimo CarShare Cooperative and includes an individual providing telephone answering services to the Coop; Memorandum and Rules mean the Memorandum and Rules of incorporation of the Nanaimo CarShare Cooperative. Price List means the Price List approved by the Board, including any amendments to it; You means a Member of the Nanaimo CarShare Cooperative. 3. Share Deposit and Refunds Applicants for Principal Membership are required to pay a deposit equal to 100% of the price of the minimum shareholding for Principal Members. Applicants for Associate Membership are required to pay a deposit equal to 100% of the price of the minimum shareholding for Associate Members. The minimum shareholdings and the price for shares are set out in the Memorandum and Rules and are repeated in the Price List. Your deposit will be refunded if the application is not accepted by the Nanaimo CarShare Cooperative. If you are accepted as a member, the deposit will be used to purchase the required shares in the Nanaimo CarShare Cooperative. The shares represent your share in the ownership of the Cooperative. Share deposit funds are not held separate from operating funds. The Nanaimo CarShare Cooperative uses your shares to purchase vehicles and to provide working capital. Your shares also serve as security for any liabilities to the Nanaimo CarShare Cooperative resulting from your membership. Like any business, the Cooperative may fail and the refund value of share deposits could be less than their purchase cost. For the organizational stability of the Cooperative we need to be sure that members are serious about their involvement with the Nanaimo CarShare Cooperative. You should not apply for membership unless you intend to maintain your membership for at least six months. If you withdraw from membership in the Coop during your first 180 days of membership, the Nanaimo CarShare Cooperative is not required to refund your shares until 180 days after you have became a member or 90 days after your date of withdrawal, whichever comes later. If you withdraw from membership after 180 days of membership the Nanaimo CarShare Cooperative will refund your shares within 90 days of the date of withdrawal. In either case the Nanaimo CarShare Cooperative will only refund that portion of your shares (if any) remaining after deductions for moneys owing to the Nanaimo CarShare Cooperative. 4. Registration Applicants for membership must also pay a registration fee according to the Price List. The registration fee is non-refundable. page 2 of 11

3 5. General Rights and Duties As a member of the Coop, you are entitled and encouraged to attend and participate in general meetings, vote for directors, and stand for election as a director. Your active participation in the affairs of the Nanaimo CarShare Cooperative is valued to ensure that the Nanaimo CarShare Cooperative is run in a financially, socially and environmentally-responsible manner, in a spirit of good humour, kindness, and respect. 6. Carrying a Valid Driver s Licence You or your Designated Driver must carry a valid driver s licence with you during every trip. The rights of membership are conditional on you or your Designated Driver having possession of a valid driver s licence. If your licence or your Designated Driver s licence is suspended or withdrawn, or expires for whatever reason, your right or your Designated Driver s right to drive a Coop Vehicle is suspended immediately (see section 27). You must inform the Nanaimo CarShare Cooperative immediately of any suspension, expiry or withdrawal of you or your Designated Driver s driver s licence. 7. Lock Box Key After being accepted as a member, purchasing the required shares, paying the registration fee and agreeing to pay the fees as set out in the Price List, you have the right to use the vehicles of the Nanaimo CarShare Cooperative according to the Membership Agreement and this Manual. You will receive a lock box key which allows you to access Coop Vehicles. The lock box key remains the property of the Nanaimo CarShare Cooperative. You are liable for the loss, deterioration and any possible misuse of the lock box key and other material. You are not allowed to make copies of the key. If you lose a lock box key, you must phone the Nanaimo CarShare Cooperative s office within one hour and inform them of the loss. A key and lock replacement fees will be charged according to the Price List. You may not mark the lock box key with anything that might indicate it is for Coop Vehicle lock boxes. You are liable for any damages which may result from disregarding this rule. 8. Roaming Roaming agreements with other carshare organizations may be adopted by Nanaimo CarShare Cooperative. Under a roaming agreement, as a member of the Cooperative, you may be allowed to use vehicles of car share organizations which have signed a roaming agreement with the Nanaimo CarShare Cooperative. Whether or not you are allowed to use such vehicles will depend on the terms of the roaming agreement. Your intent to use such vehicles must be registered with the Nanaimo CarShare Cooperative and the roaming will be according to the terms and prices of the other car share organization. If you use or book a vehicle under the terms of a roaming agreement, you release the Nanaimo CarShare Cooperative from any claims related to your use of that vehicle and you agree to indemnify the Nanaimo CarShare Cooperative from any claims or costs that may arise out of the use or booking. 9. Special Needs or Disabled Members page 3 of 11

4 If you are unable to drive safely because of a visual, mental, or physical impairment, as a member of the Nanaimo CarShare Cooperative, you may appoint a Designated Driver to drive for you. Before they can drive for you, you must provide the Nanaimo CarShare Cooperative with a copy of the Designated Driver s name and driver s licence and pay a registration fee on their behalf. Designated Drivers can only use Coop Vehicles if they have been approved by an authorized representative of the Nanaimo CarShare Cooperative. A Designated Driver s right to drive can be suspended for any of the reasons for which a member s driving rights may be suspended. Your Designated Driver can only use Coop Vehicles when you are present. You must maintain possession of the Coop lock box key which allows you to access Coop Vehicles. You are responsible for ensuring that the Designated Driver abides by all the terms of this agreement. If under the terms of this agreement a driving member would be liable to pay any moneys, you are responsible for paying that amount, notwithstanding that you may not have been the vehicle driver. You will indemnify the Nanaimo CarShare Cooperative for any claims arising from the Designated Driver s use of a vehicle if you would have been liable as a driver under the terms of this Manual. Further, you will release the Coop from any and all claims, liabilities, obligations, damages, or otherwise of every kind and nature arising from the Designated Driver s use of a vehicle. 10. Booking How Do I Book a Vehicle? If you want to use a Coop Vehicle you must book it before use. When you book a vehicle you will book it for periods beginning and ending on the hour or half hour. You are not allowed to reserve more than one vehicle at the same time. You must return the vehicle before the end of your booking, unless you are able to extend your booking (see section 13). Late returns are extremely inconvenient to other members with bookings, and are subject to penalties set out in the Price List. Repeated late returns may result in the suspension of your driving rights (see section 27). 11. Charges All Coop charges are set out in the Price List. 12. Vehicle Check before Departure Before using the Coop vehicle you must check for any visible defects. Any visible defects which are not included on the defect list in the vehicle must be added, and a Member Service Representative must be informed by phone before departure. If the Nanaimo CarShare Cooperative has not been informed before departure, the last user will always be liable for the damage. You must also check to ensure that the following are present in the vehicle: vehicle insurance and registration; operator s manual. You are required to inform a Member Service Representative if any of these items are missing. You must not drive the vehicle if current insurance and registration are missing. 13. Extension of a Booked Period If for any reason you cannot keep to the booked return time, you must phone to extend your booking time before the original booked period is over. An extension may not be possible because page 4 of 11

5 of a following booking. If you return a vehicle late, a fee will be charged according to the Price List. 14. Cancellations If you have booked a vehicle but subsequently find that you wish to cancel all or part of your booking, a cancellation fee will be payable according to the Price List. If the vehicle is subsequently used by another member during the cancelled period, this portion of the cancellation fee will be waived. Cancellations after the booked period has begun, including no-shows, are subject to charges according to the Price List. 15. Booked Vehicle Unavailable If the vehicle is not at its regular parking spot fifteen minutes after the beginning of the reserved time, you may either cancel your reservation without charge or change your reservation to another Coop Vehicle. If no other appropriate Coop Vehicles are available or a Member Service Representative is unavailable to change the reservation, you may rent a vehicle from a local car rental company or use a taxi, whichever costs less. The cost of taking a taxi will be reimbursed up to the maximum amount set out in the Price List. The cost of renting a car will be reimbursed up to the maximum rates set out in the Price List but the total reimbursements for rental of a car will not exceed the maximum total set out in the Price List. Rental of a car will only be reimbursed where it is less expensive than using a taxi. Receipts must be shown for reimbursement. You are responsible to ensure that proper and adequate insurance is purchased for the rental vehicle and the Coop will not be responsible for any liability, damage, claim, or deficiency in insurance related to the rental of the vehicle. 16. Emergency Drivers If an emergency occurs and the life or safety of you or another person is at risk you may allow an Emergency Driver, including a person who is not a member of the Nanaimo CarShare Cooperative, to drive a Coop Vehicle, on condition: that you check that the Emergency Driver has a valid driver s licence, that you ensure that the Emergency Driver is capable of driving before the trip and is not under the influence of any intoxicating substance, and that you only allow the Emergency Driver to drive the vehicle under your personal supervision and only for the duration of the emergency. As a member, you are liable for any fees, costs, or damages arising from the Emergency Driver s use of the Coop Vehicle. You agree to release and indemnify the Coop for any liability, damage, cost, claims, or otherwise related to the Emergency Driver s use of the Coop Vehicle. 17. Treatment and Operation of Coop Vehicles As a member, you agree to treat Coop Vehicles carefully and ensure that your Designated Driver page 5 of 11

6 treats Coop Vehicles carefully. Whenever you leave the car, you agree to secure it against theft by removing the key from the ignition and locking the doors. You or your Designated Driver must operate Coop Vehicles according to the operator s manual located in the vehicles. You or your Designated Driver also agree to operate the vehicle according to the laws of B.C., including as set out in the Motor Vehicle Act, RSBC 1996 Ch. 318, or its replacement. You will be liable for any damage to the vehicle that results from disregarding these rules and laws. Children under the age of 12 are required to wear seat belts in the rear seats and where appropriate, use child seats appropriate to their age and size. Particular care should be exercised when using roof racks or bike racks. You must ensure that they are well secured to the Coop Vehicle and that any bicycles or other gear is properly secured to the racks. You must also ensure that neither the rack nor gear will damage the Coop Vehicle. Smoking is prohibited in all Coop Vehicles. Pets are restricted except inside a secured pet-box. Proper regard must be given to the cleaning of pet hair and other messes. Where a vehicle is identified as being totally pet-free (for allergy sufferers) you must not carry pets in that vehicle at all. There are currently no totally pet-free vehicles (for allergy sufferers). Failure to clean cars after transporting a pet may lead to suspension of your driving rights. Vehicles may not be: driven in any race or competition, used for any illegal purpose, used while the driver is under the influence of any intoxicating substance, or used off-road, or on roads that are not regularly maintained. You are responsible for maintaining a low noise level at the designated parking spot and to park only in that spot. Immediately report any use of the spot by a non-coop Vehicle to a Member Service Representative. You agree that you will release and indemnify the Coop from any and all liabilities, claims, damages, obligations, or otherwise related to your use or operation of the Coop Vehicle, except where the Coop has been grossly negligent. 18. Refueling Provided you submit a copy of gasoline receipts to the Nanaimo CarShare Cooperative marked with your membership number, the Coop Vehicle s licence plate number and odometer reading you will be reimbursed for the cost of refueling Coop Vehicles. It is your responsibility to ensure that the Coop Vehicle s gas tank is a minimum 1/2 full on return. page 6 of 11

7 19. Cleaning and Washing Coop Vehicles The Nanaimo CarShare Cooperative will undertake the washing of the car according to a set schedule. However, as a member, you agree to clean the vehicle of any mess you may have made inside or out. This includes cleaning up messes from eating food in the vehicle, from children walking on seats, from pets, or from any other cause. Leaving a vehicle dirty for fellow members may result in your having to pay the cleaning costs. The Nanaimo CarShare Cooperative will reimburse you for the cost of taking a Coop Vehicle through a car wash and vacuuming the interior even for your own mess. If you find a vehicle is not clean, please let a Member Service Representative know. If you are able to voluntarily clean the car, the Nanaimo CarShare Cooperative and other members thank you, and the Nanaimo CarShare Cooperative will reimburse you for any reasonable out-of-pocket costs you incur. Whenever you clean a Coop Vehicle please be sure to make environmentally-responsible decisions about appropriate locations for the wash, soaps and solvents! 20. Maintenance and Emergency Repairs The Nanaimo CarShare Cooperative will undertake regular maintenance of Coop Vehicles. However, during the booked period, you must ensure that brake fluid, engine oil, coolant, windshield washer, and power steering fluid levels meet operator s manual specifications. You must also ensure that tire pressure is maintained at operator s manual specifications. Any receipts for purchases or repairs you make to ensure the vehicle is operable must be marked with your membership number and submitted to the Nanaimo CarShare Cooperative. You will be reimbursed up to a $50.00 limit or, in the case of repairs, a higher amount approved by a Member Service Representative. Any expenses paid in US dollars will be reimbursed according to the current exchange rate. 21. Return You must properly return the Coop Vehicle by the end of your booking period. Proper return of the vehicle means that: it is parked and properly locked, with all its papers intact, at its official parking spot; the interior and exterior of the vehicle is tidy; the trip log has been completed in a correct and readable manner, signed, and placed in the holder; the fuel tank is at least 1/2 full; the ignition key has been returned to the lock box; the lock box has been secured. If the vehicle is not properly returned by the end of your booking period, you may be charged a fee according to the Price List. If you fail to return the vehicle two hours past your booked time for return without calling to inform a Member Service Representative, the Nanaimo CarShare Cooperative will call your listed phone page 7 of 11

8 number. If you cannot be contacted and have not given any indication to a Member Service Representative that you will be driving in an area where there are no telephones, the vehicle will be reported to the police as missing. 22. Payments As a member you agree to be bound by the current Price List and pay for your usage as you are billed. A bill will be sent to you monthly and must be paid by the due date listed on the bill. If an overdue amount exceeds $25.00 a late payment charge of 1.25% per month, compounded monthly, will be charged on the total overdue amount. Payment can be made by personal cheque or cash. 23. Insurance The Nanaimo CarShare Cooperative is responsible for ensuring that all Coop Vehicles carry full comprehensive insurance, including liability insurance. The insurance conditions are available on request. If you are involved in an accident and a claim is made against you or the Nanaimo CarShare Cooperative, settlement of that claim will be at the discretion of the Nanaimo CarShare Cooperative or its insurer. 24. Accidents and Damage Any accident or damage in connection with the car you are using must be immediately reported to a Member Service Representative by phone or in person, and to the police. You are obliged to secure evidence from any available witnesses and to provide the Nanaimo CarShare Cooperative with a written description of the accident and the damage incurred. After an accident you may continue your trip only with the explicit permission of a Member Service Representative. If there is any loss of or damage to Coop Vehicles, including the costs of temporarily replacing a Coop Vehicle during repairs, or if there are any claims by third parties against the Nanaimo CarShare Cooperative, you, your Designated Driver, or an Emergency Driver authorized by you, which are not covered by the Nanaimo CarShare Cooperative s insurance policy and arise out of your use of a Coop Vehicle, then you will be responsible for the loss, damage, or claim. Your liability will normally include the insurance deductible. You may also be liable for the entire cost of vehicle repair or replacement and claims made by third parties if the Nanaimo CarShare Cooperative s insurance policy does not apply (for instance, because you have driven while intoxicated). If, during the time you have booked, damage occurs to the booked vehicle or claims are made against the Nanaimo CarShare Cooperative or you for damages resulting from use of the vehicle, you will be deemed to be using the vehicle and be responsible for any costs incurred by the Nanaimo CarShare Cooperative. If a repair either costs $200 or less or has been approved in writing by a Member Service Representative, you may arrange to have it completed at your expense. You will not be compensated for this amount. You must inform the Nanaimo CarShare Cooperative immediately about any such repair. 25. Liens and Impoundment page 8 of 11

9 If the vehicle is towed and impounded for illegal parking while you have booked it, you are responsible for recovering the vehicle and paying any costs arising from the vehicle being towed. If, without the approval of the Nanaimo CarShare Cooperative, you allow a lien to be placed on a Coop Vehicle or allow the vehicle to be impounded (for instance, by failing to pay for repairs which you have authorized) you are responsible for all costs, court, and legal fees incurred by the Nanaimo CarShare Cooperative in pursuing the speedy return of the vehicle as well as any service charge in the Price List. 26. Fees for Violations If you violate any term or condition of the Membership Application, this Manual, or the Rules you are subject to any fees applicable under the Price List. 27. Suspension of Driving Rights Your right to drive is automatically suspended if you are charged with driving without due care and attention under the Motor Vehicle Act or any vehicle related offense under the Criminal Code, including: operating a motor vehicle while impaired; failing to provide a breath sample; dangerous operation of a motor vehicle; failure to stop at the scene of an accident; driving without a valid driver s licence. These automatic suspensions will last until you are cleared of all vehicle-related charges. If any of these charges results in a conviction, your driving privileges will be permanently suspended. Your right to drive will also be automatically suspended if you fail to meet the Nanaimo CarShare Cooperative s minimum driving standards for our vehicle insurance. These standards are: No more than five late returns within six months; No more than one at-fault accident (50% or more at fault as determined by ICBC) involving another vehicle within three years; Zero at-fault accidents (50% or more at fault as determined by ICBC) involving another vehicle within your first three years of having a driver s licence. For the above suspensions, your driving privileges will be reinstated: On the six-month anniversary of the first late vehicle return; On the three-year anniversary of the first at-fault accident involving another vehicle. The Cooperative may also suspend your right to drive if you default in paying any amount owing to the Nanaimo CarShare Cooperative. This can be done, without notice, one week after your account falls into arrears. The suspension remains in effect until such time as you have paid any amounts owing, including any interest accrued. If your driving privileges have been temporarily suspended under this section on three or more page 9 of 11

10 separate occasions, for a total period of time exceeding 90 days, the Cooperative may, without further notice, permanently suspend your right to drive. Your right to drive a Coop Vehicle is automatically suspended if you cease to have a valid driver s licence. Your driving privileges will be reinstated when you present a valid licence to the Nanaimo CarShare Cooperative. Temporary suspensions under this paragraph will not count toward a permanent suspension. If you are an Associate Member and your Principal Member Partner withdraws from membership or his or her driving rights are suspended, for whatever reason, your right to drive will be suspended until either your Principal Member Partner s driving rights are re-instated or you become a Principal Member. If you are an Associate Member and you stop residing with your Principal Member Partner, your right to drive will be suspended until you become a Principal Member. Temporary suspensions under this paragraph will not count toward a permanent suspension. At its discretion, the Cooperative may also permanently suspend your right to drive if you or your passengers have smoked in any Coop Vehicle, if you have transported an animal in an allergy-free Coop Vehicle, or if you have received an Immediate Roadside Prohibition for impaired driving in any Coop Vehicle. 28. Termination by the Cooperative If your driving privileges have been permanently suspended under section 27 of this Manual, the Board may take steps to terminate your membership in the Nanaimo CarShare Cooperative, in accordance with the Rules. 29. Withdrawal from Membership You can withdraw from membership at any time by giving written notice of your intention to withdraw. Your withdrawal is effective at the end of the month in which the Nanaimo CarShare Cooperative receives the notice, unless your notice specifies a later withdrawal date, in which case it shall be effective at the end of that month. 30. Amendments to the Manual and Price List The Board can amend this Manual at any time. You, along with all other members, have a role in deciding the terms of this Manual through your right to elect members of the Board. Also, if two weeks prior to a regularly scheduled meeting of the Board you provide a draft amendment in writing to a Member Service Representative the Board will consider that amendment at its next meeting. A notice of changes to the Membership Manual will be sent to members within one week of the amendments being approved by the Board. Amendments will not be effective any sooner than 28 days after they are approved by the Board. The Board can amend the Price List at any time. A notice of changes to the Price List will be sent to members within one week of any amendments being approved by the Board. Amendments will not be effective any sooner than 14 days after they are approved by the Board. Any agreement which is page 10 of 11

11 made which differs from the terms of this Manual must be made in writing and signed by an authorized representative of the Board. 31. Severability If any single part of this Manual is found to be legally ineffective it shall not affect the validity of the rest. 32. Notice If this Manual requires the Nanaimo CarShare Cooperative or the Board to give you notice, notice will be sent to you at the address provided in your Membership Application. If your address changes you must notify the Nanaimo CarShare Cooperative in writing. page 11 of 11