EV Experience

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WHEREAS FEC owns an electric vehicle (“EV”) which it is willing to temporarily loan to its members so that they can learn about the advantages of owning an EV, and WHEREAS Member desires to drive the EV owned by Flathead Electric Cooperative, Inc., so that he/she may learn about the advantages of owning an EV. THEREFORE, FEC and Member agree as follows:

1. VEHICLE TEMPORARY LOAN
FEC hereby agrees to temporarily loan FEC’s EV to Member for his/her personal use subject to the following terms and conditions:

2. COST
FEC’s EV is temporarily loaned to the Member without cost, as long as the Member abides by the term of this Agreement.

3. LENGTH OF TEMPORARY VEHICLE LOAN
Upon agreeing to the terms and submitting your valid drivers license, insurance and member information, an FEC employee will contact you to schedule your temporary vehicle loan.

4. TERMINOLOGY
For the purpose of this Agreement, the words You, Your, Yours refer to the Member who is loaned the EV.

5. YOUR REPRESENTATIONS & RESPONSIBILITIES
(a) You have a current, valid driver’s license (of the correct class to drive a passenger vehicle), and are over the age of 21 years; (b) You possess valid, current automobile insurance at levels which meet or exceed the state-mandated coverage amounts; (c) You have not had any driving convictions in the last three (3) years, and have not been involved in a motor accident in the last three (3) years to which you were found at fault; (d) You will return the EV to FEC in the same condition as received, and will not smoke, eat, drink, and/or allow pets inside the vehicle; (e) You are the only driver authorized to operate the EV. No others shall operate the EV at any time while it is in Your possession; (f) You acquire no rights of ownership in the EV; (g) You will notify FEC immediately of any accident, damage or traffic offense; (h) You are responsible for any and all tickets, fines or charges assessed, and all damages which may be arise, while the EV is in your possession; (i) You agree not to use the EV for any business or commercial purpose, including but not limited to using the EV for transportation of person(s) or property for hire; (j) You agree not to use the vehicle while under the influence of alcohol or drugs, or in violation of any law, ordinance, or regulation; and (k) You agree to reimburse FEC for: (i) all expenses incurred for the cleaning, disinfecting or repair of the vehicle for any reason, resulting from Your use or possession of the EV (e.g. spills, stains, dog hair, bodily fluids, etc.); and (ii) all expenses incurred any and all repairs to FEC’s vehicle resulting from your use or possession, regardless of fault or level of insurance coverage.

6. INSURANCE
A. LIABILITY & UNINSURED MOTORIST PROTECTION/PERSONAL INJURY PROTECTION:
You must provide proof of insurance at levels which meet or exceed state-mandated coverage amounts. You acknowledge that Your insurance policy is primary coverage, and any insurance coverage provided by FEC on the EV is secondary coverage. You are responsible for all damages and costs not paid or covered by insurance.
B. COMPREHENSIVE COLLISION COVERAGE:
You are responsible for costs associated with loss or repair to FEC’s EV resulting from Your use or possession. If Your insurance policy contains this coverage, You acknowledge that the coverage is primary and applies to the EV. You are responsible for any deductibles Your insurance carrier might assess for a damage or loss claim, and for all damages not insured or otherwise covered by Your insurance policy.

7. INDEMNITY, HOLD HARMLESS & ATTORNEYS FEES
You shall defend, indemnify, and hold FEC harmless from all losses, liabilities, damages, injuries, claims, demands, costs and expenses connected with the possession or use of the EV, including claims of or liabilities to third parties for bodily injury or damages of any kind arising from Your use or operation of the EV, tickets, fines or assessments arising from Your operation of the EV, or due to abandonment, conversion, concealment, or unauthorized sale of the EV or lien, impoundment or confiscation of the EV by any third party or governmental authority. You shall be responsible for all expenses incurred by FEC in regaining possession of the car or in enforcing any term or condition of this Agreement, including attorney’s fees and costs.

8. LIABILITY RELEASE FOR USE OF PHOTOGRAPHY & NAME
Flathead Electric Cooperative, Inc. has my permission to use my name, picture, or likeness for any advertising, publicity, newsletter, including, but not limited to, paper reproductions and computer images displayed on the Flathead Electric Cooperative, Inc. website or other legitimate business purpose which it deems advisable now or later. I give my I agree that use of my name, picture, or likeness will not result in an invasion of my privacy or in a violation of any property right I may have. I understand I will not now, or any time in the future, receive any compensation or have any claim against Flathead Electric Cooperative, Inc. for the use of my name or reproduction of my picture or visual image in its marketing material. I also agree that any negatives or prints taken by Flathead Electric Cooperative, or other material for printing or reproduction in connection with the use of my name, picture, or likeness will be the sole property of Flathead Electric Cooperative.

9. ENFORCEMENT
If any provision of this Agreement is unlawful, contrary to public policy, void or unenforceable, remaining provisions shall continue in full force and effect.