Legal
Driver Agreement
Effective 2026-05-01 · Version v1.0.0
This Driver Agreement ("Agreement") supplements the Terms of Service and the Privacy Policy between RideAtrium, Inc. ("RideAtrium", "we", "us") and each person who registers to provide transportation through the RideAtrium Service as an independent Driver ("Driver", "you"). In the event of any conflict between this Agreement and the Terms of Service, this Agreement controls with respect to the Driver relationship.
1. Independent Contractor Status
You are an independent contractor. Nothing in this Agreement creates an employer-employee, agency, partnership, joint-venture, or franchise relationship between you and RideAtrium. Both parties intend that the economic realities of the relationship satisfy the common-law test in S.G. Borello & Sons, Inc. v. Department of Industrial Relations, 48 Cal. 3d 341 (1989), and, where applicable, Prong B and Prong C of the "ABC test" under California Labor Code § 2775 and comparable state statutes. Consistent with that intent:
- You supply your own vehicle, equipment, device, insurance, and all other tools necessary to provide rides.
- You set your own hours, your own geographic operating area, and your own acceptance criteria. RideAtrium does not penalize you for declining a ride, closing the app, or working other jobs (including jobs with competing platforms).
- You perform transportation services as an independently established trade, occupation, or business — not as part of RideAtrium's own business (which is the sale of software).
- You bear the opportunity for profit and the risk of loss on each ride, including fuel, maintenance, insurance deductibles, and fare outcome.
- You are responsible for paying all taxes on your earnings, including federal and state self-employment taxes.
2. Per-Login Representations
Each time you log in to the Driver app, you re-affirm the representations set forth in Section 8 of the Terms of Service (Driver Eligibility and Safety Representations), which are incorporated here by reference. Those representations are a continuing condition of your authorization to use the Service.
3. Documents Required Before First Ride
Before you may accept your first booking, you must upload, and keep current, each of the following:
- Driver's license — valid, unexpired, and of a class appropriate to your vehicle.
- Vehicle registration — current and in your name or with documented authority to operate.
- Insurance declarations page — showing primary motor liability coverage meeting or exceeding the state's for-hire or TNC minimums, listing you as an insured driver.
- Proof of TNC or for-hire permit — where your state or city requires a specific registration to operate for-hire (including, without limitation, a NYC TLC permit for New York City operations).
- Prop 22 / AB-5 acknowledgment — California drivers only; see Section 10.
RideAtrium may reject any document, require re-upload, or mark a document expired. If any document expires or is rejected, your ability to accept bookings is suspended automatically until the outstanding document is cured.
4. No Dispatch; Acceptance Is Your Decision
RideAtrium surfaces booking requests to you but does not dispatch you. You are free to accept, decline, or ignore any request for any reason or no reason. Your acceptance rate, decline rate, or cancellation rate will not be used by RideAtrium as a basis for deactivation, priority ranking, or earnings modification. Riders may review the rides you complete, and those reviews are governed by Section 22 of the Terms of Service.
5. Safety Program
- Zero tolerance for alcohol and drugs. You will not operate a vehicle for a ride through the Service while under the influence of alcohol, a controlled substance, or any medication that impairs your ability to drive safely. A credible Rider report of impairment leads to immediate suspension pending review.
- Only booked Riders. You will transport only the Riders booked for a given trip. Picking up additional passengers off-platform during a booked ride is prohibited.
- Incident reporting. You will report any accident, injury, assault allegation, weapons incident, or law-enforcement contact arising from a RideAtrium ride to safety@rideatrium.com within twenty-four (24) hours, and cooperate with any subsequent RideAtrium or insurer investigation.
6. Annual Eligibility Re-certification
At least once every twelve (12) months, and any time a material circumstance changes, each Driver must re-affirm — through the in-app re-certification flow — that each of the representations in Section 8 of the Terms of Service (Driver Eligibility and Safety Representations) remains true. Failure to re-certify by the posted deadline results in automatic suspension of ride-acceptance privileges until re-certification is completed. RideAtrium may, at its sole discretion and with written notice, add additional verification steps (for example, third-party document verification or record searches) at a later date; any such additions will be communicated in advance and reflected in an updated version of this Agreement and of any applicable authorization documents.
8. Deactivation and Appeals
RideAtrium may deactivate your Driver account, effective immediately on notice, for any of the following grounds:
- (a) a disqualifying criminal, traffic, or safety event that the Driver represented against (as enumerated in Exhibit A), including any felony, any violent offense, any sexual offense, or a DUI or reckless-driving conviction within the last seven (7) years;
- (b) a credible safety allegation from a Rider or a law-enforcement agency, pending investigation;
- (c) expiration of, or material misrepresentation about, any required document listed in Section 3; or
- (d) a material breach of this Agreement, the Terms of Service, or applicable law.
You may appeal a deactivation decision by writing to driver-appeals@rideatrium.com within thirty (30) days of the deactivation notice. Appeals are reviewed by a human member of the RideAtrium Trust & Safety team who was not involved in the initial decision, and are decided within fourteen (14) business days of receipt.
9. Referral Credits and Subscription Fees
The earnings-tiered subscription-fee model and referral-credit terms set out in Sections 4, 13, and 15 of the Terms of Service apply to you as a Driver and are incorporated here by reference. The full fee schedule for your market is at /legal/pricing-disclosure. Nothing in this Agreement modifies those terms.
10. California Prop 22 / AB-5 Notice
This Section applies only to Drivers operating in California. California Labor Code § 2775 et seq. codified the ABC test for determining independent-contractor status, and California Proposition 22 (approved November 2020) created a separate framework for app-based rideshare and delivery drivers. You acknowledge that:
- RideAtrium's California operations are structured in reliance on Prop 22's "app-based driver" category (Cal. Bus. & Prof. Code § 7448 et seq.), including its health-care-subsidy, earnings-guarantee, and occupational-accident-insurance obligations when active Driver hours are logged.
- If Prop 22 is held invalid or preempted, you and RideAtrium will meet and confer in good faith to amend this Agreement to comply with the resulting legal framework, and neither party's rights under this Agreement prior to such amendment is waived by the negotiation.
- Regardless of the classification analysis, you are not waiving any non-waivable right under California law, including the right to a non-representative individual PAGA claim to the extent such claim survives Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022).
11. Arbitration
The binding-arbitration provision, class-action waiver, opt-out mechanism, and governing-law clause in Section 19 of the Terms of Service apply to every dispute, claim, or controversy arising out of this Agreement or the Driver relationship, and are incorporated here by reference. Representative PAGA claims are expressly carved out of arbitration and, consistent with Viking River, are stayed pending resolution of the individual-claim arbitration.
12. Survival
Sections 1 (Independent Contractor Status), 5 (Safety Program), 8 (Deactivation and Appeals), 10 (California Prop 22 / AB-5 Notice), and 11 (Arbitration) survive any termination of your Driver relationship or of this Agreement. All other provisions terminate as of the effective date of termination unless their nature implies survival.
Exhibit A — Disqualifying Offenses
The following categories of offense disqualify an applicant or current Driver from participation in the Service. Application of any listed category is subject to any applicable state-law fair-chance, ban-the-box, or records-sealing statute.
- Any felony conviction in the last seven (7) years.
- Any violent offense, regardless of age, including homicide, aggravated assault, kidnapping, robbery, and domestic violence.
- Any sexual offense, regardless of age, including any registrable offense under SORNA or any state sex offender registry.
- Any driving-under-the-influence (alcohol or drugs), vehicular manslaughter, or reckless-driving conviction in the last seven (7) years.
- Any driving-record event that causes your state to suspend, revoke, or restrict your driving privilege as of the time of review.
- Any finding in a motor-vehicle report of three (3) or more moving-violation convictions in the trailing three (3) years.
- Any active government-watchlist match (OFAC, FBI, Interpol).
- Any pending felony charge or pending charge in any of the categories above, pending disposition.
