Parker Agreement

Introduction

1. Before renting a space, you must agree to the terms of this Parker Agreement in addition to the General Terms and Conditions (collectively “Terms”). These Terms apply to the native application, web application, and/or website of Pied Parker, Inc. (the “App”), or services, products, features, content, or applications provided in connection with the App (the “Service”) provided or arranged by Pied Parker, Inc. (the “Company,” “we,” “us,” or “Pied Parker”; possessively “our”) to or for you, the recipient of the Services (the “Parker,” “Driver,” “you,” “your,” or “yourself”).

2. Please note that these terms under the Parker Agreement apply to the provision of Services directly by us to you, namely the service we offer allowing you to book parking spaces (“Bookings” or “Reservations”) from our registered parking space owners or operators (“Listers”). These terms do not apply to the license between you and the Lister of one or more parking spaces (“Parking Spaces” or “Parking Spots”); the granting of licenses to use Parking Spaces by Listers is contained within the terms of the Parker-Lister License Agreement with the Lister.

3. The App is merely a venue in which Listers may advertise available Parking Spaces, and a parking User (“Parker”) may seek an available Parking Space along with service(s) to facilitate transactions between the Listers and Parkers. Use of a Parking Space occurs for a fixed duration of time (a “parking period” or “reservation”), as denoted by “check-in” and “check-out” for available on-demand, hourly, daily, weekly, and flat rate occupancy. “Check-out” corresponds with the time in which the Parker agrees to depart a reserved Parking Space.

4. We ask that you please do not use our App or Services while you are in the process of operating a motorized vehicle.

General

1. If you wish to book a Parking Space through the App, you will be able to do so through On-demand parking or by Scheduled Reservations.

2. To begin, select a parking space on the map you wish to reserver or select “Rent Your Driveway” on the opening screen. You will be prompted to login or create a new account. You may log into Pied Parker through Facebook or may create an account if you do not have an account already. You will need to add payment information before you are able to complete a reservation.

3. This platform presents available Parking Spaces that are provided by Listers in your area. Select a Parking Space on the map that you wish to book. The App should present information about the space including price and provide an option to book. Once you have reviewed the information, are successfully logged in and have inputted payment information, you may select the booking option available. Once you select confirm, your card will be charged and your reservation will be scheduled. If a listing provides a time in which the space must be unoccupied, you must depart before the time indicated on the listing.

4. For Scheduled Reservations, if a Parking Space is available during the time frame you requested, the App should display a departure time and a total price, asking you to confirm. Once you select confirm, your card will be charged and your reservation will be scheduled immediately. You must depart before the scheduled departure time. For further obligations regarding departure, review “Your Obligations” and “Overstaying and Towing.”

5. For On-demand parking, you pay for the time starting with when you confirm your reservation until the time when you select “depart” on the App. Once you select “depart” you have five minutes to gather your belongings, board any passengers, and promptly depart. For further obligations regarding departure, review “Your Obligations” and “Overstaying and Towing.”

6. We will also ask you to confirm that you accept the Terms when you enter your credit card or debit card information with Pied Parker.

7. When you rent a Parking Space through Pied Parker, you agree to pay for transactions entered into via this App or Service in addition to the Parker-Lister License Agreement at confirmation.

8. Once we have received payment, you will be sent a confirmation message and you will have entered a binding agreement with the Lister for the use of their Parking Space.

9. We will send you a booking confirmation email (“Confirmation Email”).

10. Pied Parker does not control the prices set by users, and thus does not currently participate in “surge pricing.”

11. A rate may not be changed for current bookings. If a Lister raises or lowers the price for a Parking Spot, it will only apply to bookings after the change, including any applicable extensions on a current booking.

12. If a Lister removes a Parking Space from the App while the Parking Space is occupied by a Parker during a current booking, the Parker may not extend the booking, and must depart the Parking Space by the end of the period of booking availability.

13. The maximum period of booking availability for On-demand parking is currently 24 hours; the Parker can select “depart” and rebook the Parking Space before the end of a period of booking availability as long as the Parking Space is still listed as available by the Lister and is not booked by another Parker.

Payment

1. For On-demand parking when we request payment from you we will generally request the full amount due with respect to your booking once you hit “depart.” We may require a minimum booking time. If you book a Parking Space for less time than the minimum booking time, you will still be charged at least the amount for the minimum booking time.

2. We are authorized by the Lister to accept payment from you on the Lister’s behalf.

3. A Parker will be charged a 30 cent transaction fee per transaction in addition to a rate set by a Lister for a particular Parking Space. The Parker will also be charged the 30 cent transaction fee for each subsequent extension or rebooking of a Parking Space.

4. Pied Parker uses secure third party payment systems. Please make sure that the payment information you supply is accurate and legitimate.

Listed Parking Spaces

1. You agree that the App is a platform for advertising Parking Spaces owned by Listers and we have no responsibility for the Parking Space other than to provide the Services under this Agreement, which includes facilitating and confirming Bookings as well as collecting payment on behalf of the Lister.

2. While we pride ourselves on user satisfaction with the Parking Spaces advertised on the App, we offer no warranty as to a Parking Space's suitability for your requirements, including, but not limited to, the quality, safety, or legality of the information posted. Similarly, we will have relied on the Lister for details about a Parking Space given on the App; if any unsafe or illegal information is posted, please flag or report such information at hello@piedparker.com, and Pied Parker will make a reasonable effort to remove such information.  Terms relating to the “Conditions of Parking Spaces” are outlined below.

Eligibility

1. You represent and warrant that you have a valid driver’s license, that you have the authority to operate any vehicle you identify (“your vehicle”) through the App and Service with the vehicle registration, and that you are covered by at least minimum coverage auto insurance. Minimum coverage auto insurance is the insurance the applicable state, province, territory, or other jurisdiction requires to be able to legally operate an automobile.

2. You represent and warrant that you are of sound mind and body to operate a vehicle legally, safely, and responsibly. You agree never to:

a. Distract yourself from operating a vehicle while using the Pied Parker App or Service; or
b. Operate a vehicle and attempt to use the App or Service while over the legal blood alcohol limit of your jurisdiction or while using any other drugs or medications such that you are incapable of operating a motor vehicle safely.

3. You may use the App or Service to look for parking for a fully automated or partially automated vehicle, provided that you do safely and according to the laws of your jurisdiction.

4. You must keep your Account, contact, payment, and vehicle information current at all times. Attempts to supply invalid or fraudulent information may be documented and reported, and constitute a violation of our Terms. For our policy regarding violations of the Terms, see “Violations.”

Conditions of Parking Spaces

1. We are not responsible for the location or condition of Parking Spaces, availability of the Parking Spaces, or the conduct of the Lister during the parking period. We are not responsible for the placement of the pin on the map that identifies the location of the Parking Space, and thus cannot be responsible for the location’s accuracy. We are not responsible for verifying or capturing any photos associated with a Parking Space. Listers may represent and warrant to us that the Lister has authority to list the Parking Spots for reservation; we act as an agent for the Lister for the purposes of arranging a licensing arrangement, and by making a Booking you are entering into an agreement with the Lister, the Parker-Lister License Agreement. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warranty becomes inaccurate or incomplete prior to your use of a Parking Spot.

2. You agree to use the Parking Space “as is,” and accept all responsibility for the actions of you and any passenger(s), and for any criminal or civil violations, tickets, damage, costs, towing, charges, or other liabilities that may occur during or from use of the parking space. Other liabilities may include, but are not limited to, damage caused to the vehicle as a result of criminal or civil malfeasance, vandalism, etc., or damage caused to parking space or nearby property such as accidental or intentional damage to property, leaking fluid, noise violations, or littering.

3. Company makes no representations about the quality, safety, or legality of the parking space information. Inaccurate or fraudulent listings may be reported by users, and once alerted, Pied Parker will make reasonable efforts to remove those listings within a reasonable time period. Please report inaccurate or fraudulent listings, including any necessary details or photographs at hello@piedparker.com.

4. If you are unsatisfied with the condition of a Parking Space, or a Parking Space has any debris, ice, snow, water, trash, or any other material of any kind that may render it unsafe to enter, exit, or otherwise navigate please provide feedback indicating your concerns or see our policy regarding “Cancellations” below.

5. Company will not be responsible for incomplete transactions. Unless stated otherwise in these Terms, once we have confirmed your Booking we have no further obligation to you in relation to the Parking Space, your License Period or your Booking and all responsibility is transferred to the Lister. Company does not transfer legal ownership or any other property rights; the only rights conveyed to the Lister are those including a temporary license for use of a reserved Parking Space.

Licenses

1. You must only use the Parking Space from the time you confirm your reservation until the time you schedule departure. If you use the Parking Space at any earlier or later time you may be liable to the Lister under the Parker-Lister License Agreement, your vehicle may be towed and you may be subject to additional fines or penalties. The Parker-Lister License Agreement also contains costs and/or penalties, which are payable by you in the event of an overstay. For additional policies, see “Overstaying and Towing.”

2. Upon arrival at the Parking Space at the start of your parking period, you should inspect the Parking Space to see that it meets the description on the App.

3. If you are not satisfied with the conditions of the Parking Space after you have arrived, please see our policy below regarding “Cancellations.”

4. Pied Parker will never be responsible for any additional agreement or other arrangements between you and any Lister, regardless of whether such agreement or other arrangements are related to your booking and use of a Parking Space.

Your Obligations

1. You must agree to act in accordance with the Terms and each Parker-Lister License Agreement.

2. We respect the privacy of our Listers. We do not provide any contact information of the Listers and their associates to you or other Parkers. We ask that you refrain from attempting to contact Listers or their associates unless there are exigent circumstances, such as a hazard or other condition of which a Lister or others should be aware. If you believe you need to contact the Lister regarding a hazard and are unsure about our policies, please contact us at hello@piedparker.com.

3. When parking in a Parking Space, the Parker shall: a. park the vehicle in the Parking Space without obstructing any adjoining or nearby parking spaces or property; b. if there are any defined lines for the Parking Space, park within the center of those lines 6 c. avoid causing a nuisance, annoyance, inconvenience, or disturbance to the Lister, other occupant of the property, or occupant of a neighboring property; d. not conduct any illegal activity on or from the Parking Space; and e. not use the Parking Space for any purpose other than for parking or activities incidental to parking or in contravention of any parking limitations.

4. AT NO TIME ARE YOU TO LOITER ON A LISTER’S PREMISES. Once you have parked, we ask that you take the time that you need to gather your belongings and promptly depart. Loitering is a violation of our terms.

5. You agree to pay for the time starting with when you confirm your reservation until the time when you select “depart” on the App, provided that you comply with the Terms and the Parker-Lister License Agreement. Once you select “depart” you have five minutes to secure your belongings, pick-up any passengers, and promptly depart.

6. You shall not attempt to solicit or perform services for or induce or attempt to induce, any customer, supplier, licensee or business relation of Pied Parker, any Parker or Lister of Pied Parker, through any communication including written and oral communication made by yourself or a third party to transact outside of the App.

7. You may not invite any other guests on a Lister’s premises other than those persons that are, or plan to be, occupants of your vehicle.

8. The Parker agrees to leave the Parking Space and surrounding property in the same or better condition as it was in when the Parker arrived. The Parker acknowledges and agrees that a Parker is responsible for his or her own acts and omissions and also is responsible for the acts and omissions of any individuals who he or she have transported in your vehicle or have allowed to park in your reserved Parking Space. You agree to pay the cost of replacing or repairing any damaged property and you understand that either Lister or Pied Parker may make a claim under your homeowner’s insurance, renter’s insurance, automobile insurance or other insurance policy for any damage. For further obligations regarding departure, review “Overstaying and Towing.”

9. Smoking is forbidden within both the Parking Space and the immediate vicinity thereof, and depending on the local health laws, may be illegal.

10. Broken-down vehicles. If your vehicle breaks down and cannot be started in the Parking Space, it is your responsibility to extend your reservation for the length of time that your vehicle continues to occupy the Parking Space and arrange for towing or removal off the premises. You are not permitted to attempt to repair your vehicle in the Parking Space unless you require simple, expeditious professional roadside assistance. You are not permitted to perform regularly scheduled maintenance within the Parking Space, including but not limited to, changing the oil of the vehicle and changing a tire without the consent of the Lister.

Parking Enforcement

1. In some parking lots or garages containing one or more Parking Spaces, Lister may enforce parking guidelines, which must be referenced in signs and in the parking description.

2. Parking enforcement may photograph or record activities on or near the premises containing the Parking Spaces. For policies regarding photos and recordings by the Company, please see our “Privacy Policy” in the General Terms and Conditions. For policies regarding photos and recordings by Listers or authorized agents, please see the Parker-Lister License Agreement.

Security

1. Please ensure that your vehicle is securely locked with all windows securely closed and that any vehicle alarm, steering lock, or similar device is engaged.

2. Please be aware that Listers may install CCTV cameras, webcams, or other security devices on their property to ensure the safety of a Parking Space and its surroundings. It should be indicated in the listing for the Parking Space whether or not such recording devices are included in the list of amenities included for the Parking Space. If recording devices are present at a location of a Parking Space, but are not included as an amenity, please notify us at hello@piedparker.com.

3. Any possessions left in a vehicle are done so at the Parker’s risk. We suggest that no items are placed such that they are visible outside of the vehicle.

Damage to Vehicle

1. Listers are responsible for maintaining the condition of a Parking Space. Should a Lister be responsible for any damage to your vehicle, Listers are responsible for the cost of replacing or repairing the damaged property.

2. If you believe that a Lister or third party has caused damage to your Parking Space during a reservation, please follow the instructions of any applicable insurance policy, e.g., your automobile insurance, regarding protocol of reporting any claim, and report the incident immediately. We also ask that you please report the incident, including the following details to legal@piedparker.com:

a. the date and time of the incident;
b. details you have available regarding the incident;
c. any pictures or documentation you have regarding the incident, including, but not limited to, any police report;
d. any homeowners insurance or related policy you have that may provide coverage for the incident; and
e. any other information that may be required to pursue a claim with an insurance agency.

3. If you believe your vehicle has been damaged by a Lister, you should take reasonable steps to protect your property from further damage.

4. PIED PARKER IS NOT LIABLE FOR ANY DAMAGE DONE TO VEHICLES WHILE OCCUPYING A PARKING SPOT OR DRIVING TO OR FROM A PARKING SPOT. However, Pied Parker would like to stay informed about any incidents in order to retain high user satisfaction, and thus requests you provide updates periodically.

Damage to Lister’s Property

1. As a Parker, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Parker, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you have transported in your vehicle or have allowed to park in your reserved Parking Space. You agree to pay the cost of replacing or repairing any damaged property.

2. You understand that that either Lister or Pied Parker may make a claim under your homeowner’s, renter’s, automobile or other insurance policy for any damage.

Charges

1. If you do not have enough credit associated with your Account to pay agreed-upon charges, you agree to add adequate funds to your Account in order to pay in full all accrued charges. You may not utilize the Service for subsequent transactions until such payment in-full is processed by the Company.

Overstaying and Towing

1. If you claim to depart a Parking Space but your vehicle remains in occupation of the same, then you remain responsible for costs associated with that occupation. You recognize and agree that if you or your vehicle stay beyond the time in which you agree to depart or otherwise occupy an unavailable parking spot, you will be subject to additional fees, higher rates, and/or towing solely at your expense if the overstay interferes with the Lister’s use after the Lister list the Parking Space as unavailable or the overstay interferes with a second Parker’s use of the Parking Space.

2. Additional fees may include an increased rate of up to three to eight times the agreed upon rate for time overstayed. Additional fees may be increased in the future.

3. You agree that if your vehicle is towed after the check-out time, or for other legal violation, that you are solely responsible for all associated charges.

4. Company will make reasonable effort to contact you or have the Lister contact you before your vehicle is towed.

5. PIED PARKER DOES NOT FACILITATE TOWING, and thus disputes relating to towing are between you and the Lister as governed by the Parker-Lister License Agreement.

Third Parties

1. These Terms apply to you, the person using the Services; you will be responsible for ensuring that any third party, such as your vehicle occupants, that you allow to use a Parking Space that you have been granted a license to use, complies with the Terms and the Parker-Lister License Agreement. You assume any liability for any action taken by the third party, and agree to indemnify for any such action in accordance with the indemnification provisions of the Terms.

Electric Vehicle Charging Stations

1. Some Listers may have an Electric Vehicle Charging Station (“Charge Point”) available for use during a reservation. Unless the Lister has expressly authorized use of the charging equipment in the Parking Space, you are not authorized to use the charging equipment.

2. Parkers must follow all user instructions in relation to the use of a Charge Point. It is your responsibility to ensure that the charging of your Vehicle using a Charge Point is carried out safely so as to avoid injury to any person or damage to property. In particular, this includes but is not limited to ensuring that you take all reasonable care when charging your Vehicle, including, but not limited to the following: a. you must have all necessary connector cables to enable your Vehicle to be charged at a Charge Point; b. the connector cable must be safely plugged into your Vehicle and the positioning of the connector cable must not create a tripping hazard to any person; and c. the connector cable must not be unplugged from the Vehicle before the plug is removed from the Charge Point; and the Vehicle must not be driven with the connector cable still attached to the Charge Point.

3. We are unable to guarantee that any Parking Space outfitted with Electrical Vehicle Charging Equipment will be fully operational as these factors are outside of our control and depend on the actions of third parties, including the Lister. If you do experience any problems accessing or using any Charge Points, please contact us.

4. You will be responsible for any damage caused to a Charge Point, any other property or for any injury to any person due to a breach of these Terms by you or your Authorized Person, or for your or your Authorized Person’s misuse or negligence or failure to comply with any user instructions or guidance in relation to a Charge Point and/or your Vehicle. You must notify us immediately of any damage caused to a Charge Point.

5. Please be aware that the Owner is responsible for the Charge Point (including for the supply of electricity to such Charge Point) and we have no responsibility or liability to you in respect of such Charge Point. If you or your Authorized Person suffer any damage, loss or injury whilst using a Charge Point, you must notify us immediately.

6. Third party applications may also be incorporated into Pied Parker’s application for providing EV charging. Such third party applications may have additional terms and conditions which you must agree to in order to use. You may be subject to additional charges through the use of such third party applications.

Violations

1. Your account will be subject to suspension or termination if you violate the terms. You will not be refunded for any pending reservations for violations.

2. If we suspend your Account or access to the App for any reason, we may refuse to provide you with further Services, including the right to make any further Bookings or Listings. If you attempt to circumvent this clause by creating or attempting to create a new account, we reserve the right to terminate this Agreement, any existing Account you may have, and any posted Content.

3. We may terminate this Agreement and your Account at any time if:

a. you are in breach of any of the Terms;
b. we suspect that you are intending to commit a breach of this Agreement; or
c. you become or we suspect that you may be unable to fulfill any financial transaction through the App.

4. Upon termination you will be unable to use the App or Service.

5. In the event of termination, the Terms relating to fees, disclaimers, liability, and damage for previous reservations remain in force.

Cancellations

1. You agree to abide by the policies regarding cancellation included in this agreement and the cancellation policy included in the General Terms and Conditions as well as the Parker-Lister License Agreement (“Cancellation Policy”).

Extensions or Rebooking

1. The App may allow for reservation extensions under certain conditions. Under ordinary circumstances, if a Lister has not removed their Parking Space from further reservation, and there is no other pending reservation, then you may extend or rebook your reservation.

2. If you are unable to extend your reservation for any reason, please understand that your vehicle may be blocking a driveway or private parking spot, which may create a range of inconveniences for the Lister or others. If your vehicle must overstay its reservation, please see our policy on “Overstaying.”

Entire Agreement; Modifications

1. This Agreement OVERRIDES AND REPLACES all prior negotiations and terms proposed or discussed, whether in writing or orally, about the subject matter of the Terms.

2. This agreement supersedes all prior agreements between the Parties with respect to the subject matter and constitutes, along with the General Terms and Conditions, a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter.

3. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the App and/or Service; and (c) discontinue the App and/or Service at any time. Company shall post any revision to these Terms to the App, and the revision shall be effective immediately on such posting.

4. You agree to review these Terms and other online policies posted on the App, which will be updated periodically. You agree that, by continuing use or access of the App or Service, following any notice of such revisions, you shall abide by the updated Terms. Changes are effective immediately, but do not apply retroactively.