The following terms and conditions are applicable to those Zipcar members who rent a Zipcar vehicle through Zipcar’s association with the “Uber Technologies, Inc. (“Uber”) Rental Program” (the “Uber Rental Program”). These terms and conditions shall serve to modify Zipcar’s standard membership contract (the “Membership Contract”) and shall constitute part of the Membership Contract. Capitalized terms used in this Addendum, but not otherwise defined in this Addendum, shall have the respective meanings assigned to them in the Membership Contract. Notwithstanding anything contained in the Membership Contract to the contrary, the following terms and conditions shall apply:

1. In order to participate in the Uber Rental Program, you must be approved by Uber as a Program Driver Partner and you must agree to the terms of the Zipcar Membership Contract, including the terms of this Addendum.
2. To be eligible to participate in the Uber Rental Program, you must be at least twenty-five (25) years of age.
3. Provided that you are in compliance with the Membership Contract and the terms and conditions of the Uber Rental Program, you may carry passengers for hire or make deliveries of goods only under the Uber Rental Program.
4. You shall be the only person permitted to operate the vehicle for purposes of transporting passengers for hire or making deliveries of goods in exchange for monetary value or other consideration. Operation of the vehicle for such purpose by anyone other than you is strictly prohibited. Associate Members are not permitted under the Uber Rental Program.
5. Your membership fee shall be waived, and your Zipcar membership will be provided to you free of charge.
6. Provided that you are in compliance with the Membership Contract and the terms and conditions of the Uber Rental Program, you will pay for the period of time you rent the vehicle at the applicable Uber Rental Program rate. Uber Rental Program rates, fees and terms are subject to adjustment at any time in Zipcar’s sole discretion upon thirty (30) days’ notice.
7. Uber Rental Program rates shall include unlimited miles of driving.
8. If you have rented an electric vehicle, you are responsible for returning the vehicle with at least a minimum twenty percent (20%) charge, but you are not responsible for the cost of EV charging. If you have rented a gas-powered vehicle, you are responsible for returning the vehicle with at least the same fuel level as when you picked up the vehicle and you are responsible for the cost of the fuel.
9. You will only be able to reserve certain vehicles that have been pre-approved for participation in the Uber Rental Program.
10. If you take, or fail to take any of the following actions, it will constitute a violation of the Membership Contract:
    1. Driving or operating the vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of the Membership Contract, provided, that you may use such devices solely for the purpose of using the Uber platform where permitted by law, in accordance with law, in accordance with the Uber terms and conditions and provided such device is safely secured in a mounting device.
    2. You use the vehicle to transport passengers for hire or make deliveries of goods in exchange for monetary value or other consideration other than via the Uber platform.
    3. The vehicle is used for a commercial purpose unrelated to the Uber Platform.
    4. You use the vehicle for a primary purpose other than to provide services for hire related to transporting passengers or delivering goods via the Uber platform.
11. Provided you are otherwise in compliance with the terms of the Membership Contract, you will be protected against liability for causing bodily injury or death to others or property damage to others during Period 0 up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. You will be protected against liability for damaging the vehicle during Period 0 or Period 1 subject to a deductible of one thousand dollars ($1,000) to be paid by you to Zipcar. Please see the Uber terms and conditions for additional information regarding liability protection for which you may be eligible from Uber for (i) causing bodily injury or death to others or property damage to others during Period 1, Period 2, and Period 3 and (ii) damaging the vehicle during Period 2 and Period 3. As used herein, “Period 0” means the period during which you have taken possession of a Zipcar vehicle but are not logged in to the Uber platform. “Period 1” means the period during which you are logged into the Uber platform but have not accepted any requests for transportation services or delivery services. “Period 2” means the period during which you have accepted a request for transportation services or delivery services but do not have any passengers or goods to be delivered in the Zipcar vehicle. “Period 3” means the period during which you have at least one passenger occupying, entering, or exiting the Zipcar vehicle or goods to be delivered in the Zipcar vehicle.
12. You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand that unless required by applicable law, we will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (iii) defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered; (iv) supplementary no fault, noncompulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist coverages and under any policy of insurance or certificate of self-insurance in connection with the Membership Contract, for you and all other passengers in the vehicle. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no coverage in Mexico, and the vehicle may not be taken into Mexico under any circumstances.
13. Additional liability protection (optional supplemental liability insurance) shall not be available for purchase under the Uber Rental Program.
14. You understand and agree that Uber or Zipcar may collect (i) any and all rental fees, security deposits, and rental charges identified in the Membership Contract and other fees associated with the vehicle rental, including taxes where applicable, in connection with the rental of the vehicle; and (ii) fees directly from your earnings associated with the Uber platform, or from a credit card or alternate form of payment that you have provided to or authorized for Uber.
15. Where permitted by law, we reserve the right to sell or license Connected Car Data to third parties for commercial purposes. Without limitation of any provision found in the Membership Contract, you authorize Zipcar to provide Uber with your PII, information regarding each rental you undertake through the Uber Rental Program, and the Connected Vehicle Data. Such PII may include but is not limited to: name; phone number, email address, payment information; driver’s license number, state of issuance and expiration date; insurance information; accident information; vehicle license plate issuing state and number; vehicle make, model, year, mileage, color and number of doors; rental location; and rental timeframe. You authorize Zipcar to collect, process, use, share, and dispose of any data generated by the vehicle, you, or your use of the vehicle.
16. You represent, warrant and covenant to Zipcar that you have all licenses, permits and approvals required to perform the for hire services related to the transportation of passengers and/or the delivery of goods under the Uber platform and that you will perform such services in accordance with, all applicable policies, procedures, standards, codes of conduct, and other terms and conditions of Uber and Zipcar and all applicable laws, regulations, permits, licenses, administrative pronouncements and court rulings, including without limitation: A. those governing transportation network companies and drivers utilizing their platforms; B. those governing the provision of for hire transportation services at airports; and C. those prohibiting discrimination or harassment against any individual by reason of race, creed, color, age, physical or mental disability, national origin, sex, union membership, or any characteristic protected by law, or against any individual who has a visual, hearing or mobility impairment or uses a service animal.
17. You acknowledge and agree that, in the event you fail to satisfy the requirements established by Zipcar and Uber to participate in the Uber Rental Program, your Zipcar membership may be terminated upon notice at Zipcar’s sole discretion and you must return the vehicle to the location from which it was rented upon demand. Your failure to return the vehicle may result in your being charged then-current market rental rates, late fees and all other costs and expenses incurred by Zipcar in retrieving the vehicle.
18. You acknowledge and agree that, in the event of any accident, theft or other liability incident involving the vehicle during the rental period, you will promptly notify Zipcar and Uber and provide Zipcar and Uber with all information which may be responsive to any automobile liability involving the vehicle. You further acknowledge and agree to assist and cooperate with Zipcar and/or Uber in any investigation, including any police investigation and handing of such accident or claim of liability against you or Zipcar and/or Uber arising out of such accident or otherwise out of your rental.
19. You acknowledge and agree that you (i) are an independent contractor and are not an employee of Uber, (ii) are not an employee or independent contractor of Zipcar, and (iii) are not a legal representative or agent of Uber or Zipcar. Accordingly, you do not have any authority to represent or bind Uber or Zipcar.

In the event of any conflict between the provisions of this Addendum and the provisions of the Membership Contract, the provisions of this Addendum shall govern. Subject to the foregoing, except as expressly modified herein, the Membership Contract shall remain in full force and effect and is ratified and confirmed in its entirety by each and all the parties.