Star Logo PNG

Participant Agreement TMA Vanpool Program

In consideration for being allowed to participate in the TMA Vanpool Program (as a rider), the undersigned ("Participant") has, read, understands, and agrees to comply with the following:

1. Participant wishes to participate in the TMA Vanpool Program, which involves being a passenger in a vehicle owned or managed by TMA Group, Inc. ("TMA" Participant understands that vanpool drivers, riders, and coordinators are volunteers; they are not actual agents, apparent agents, ostensible agents, or employees of TMA in any way. Participant is voluntarily participating in the TMA Vanpool Program for Participant's own personal benefit.

2. Participant understands that TMA Vanpool Program is not affiliated with, provided, or sponsored by Participant's employer. Participant understands and agrees that any commuter benefit program offered by Participant's employer is offered solely as a fringe benefit and does not constitute any endorsement by such employer as to the safety or reliability of the TMA Vanpool Program.

3. Participant may terminate participation in the vanpool for any reason by notifying the Primary Driver and TMA, in writing, at least fifteen (15) calendar days in advance of planned termination date. TMA may terminate the Participant's individual participation in the Vanpool Program and/or the vanpool group as a whole, at any time, for any reason, at its sole discretion, including, but not limited to: a) ridership falls below fifty (50%) capacity for two (2) consecutive months; b) operation of the vanpool becomes inconsistent with the rules established by the Federal Transit Administration or criteria set by TMA; c) failure to pay monthly fare promptly; d) unauthorized use of the van; e) involvement in an accident, incident, or safety complaint; or f) failure to abide by any rules, policies, or procedures established by TMA, or any of the terms set forth in this Participant Agreement.

4. Upon termination for any reason, Participant agrees to cease using or riding TMA's van and to cooperate fully in the return of all vanpool records, materials, the van itself, other items, and all keys within 24 hours of termination. Termination will not result in any fare refunds.

5. Participant agrees to abide by the policies and rules set forth in the TMA Vanpool Operation and Safety Guide provided to all participants by TMA and as may be found here www.vanstar.com Participant agrees that TMA may revise its policies and rules at any time without notice to Participant and that Participant shall comply with such revisions in order to continue to be eligible to participate in the TMA Vanpool Program.

6. Participant agrees to pay all fares, as established by TMA, no later than the agreed upon day of the month in advance of service (i.e. pay before January 1 to ride in January), understanding that fares are not refunded for any reason. Late payments are subject to a $10.00 late fee. Failure to pay the full fare when due may result in immediate suspension of ridership privileges.

7. Participant will abide by all day-to-day operational rules (i.e. waiting time, music, etc of Participant's vanpool group as established by majority vote of the group members or as may be directed from time to time by TMA. Individual vanpool group rules shall not conflict with any rules established by TMA.

8. Participant will comply with reasonable requests from the vanpool coordinator, be respectful and courteous of other participants, and practice good personal hygiene. This means avoiding behavior or communications toward fellow participants, TMA, or the public that threaten the safety and cohesiveness of the vanpool.

9. Participant will notify the Primary Driver in advance of all anticipated non-use of van due to such factors as vacation, business travel, overtime, sickness, etc.

10. Participant will assist TMA in maintaining Vanpool participation at its maximum level, as determined by TMA. New riders cannot be denied joining if these maximums are not met.

11. Participant will notify TMA immediately if any driver is operating the van in manner that is unsafe or concerning or if any other rider is engaging in any behavior that is unsafe or violates any of TMA's policies or procedures, or the terms in this Agreement.

12. Participant will wear/use safety belts properly at all times while occupying the van.

13. Participant will not use, possess, or transport any alcoholic beverage, narcotic drug, chemical, or other illegal substance, including marijuana, while in the van.

14. Participant will not use tobacco products or smokeless devices while in the van or within twenty-five (20) feet of the van.

15. Participant will assist in keeping the interior and exterior of the van clean and tidy.

16. Participant will be responsible and liable for damage caused to the van or equipment (e.g., fire extinguisher, keys, reflector kit, spare tire, etc Participant agrees to reimburse TMA for loss of, or damage to, the van and/or equipment caused by negligent or intentional conduct of Participant.

17. Participant will find alternate transportation on days when vans do not operate and when work or personal schedules do not allow participation in the Vanpool Program.

18. Participant will cooperate to ensure, to the best of Participant's ability, that no person shall be denied the opportunity to participate in or be subjected to discrimination which participating in the TMA Vanpool Program because of race, color, age, national origin, or the presence of any sensory, mental or physical disability in any manner contrary to applicable local ordinance, state or federal laws and regulations, specifically including, but not limited to nor in any way contrary to applicable local ordinances, state and federal laws and regulations, specifically including, but not limited to, Title VI of the Civil Rights Act of 1964; Title 46, Code of Federal Regulations, Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation.

19. Participant understands that participating in the TMA Vanpool Program and the use or operation of any motor vehicle involves certain risks, hazards, and dangers including, by way of illustration but not limitation: exposure to infectious diseases or illnesses (including COVID-19); extreme or inclement weather; accidents; rescue operations; emergency treatment; loss of or damage to personal property; delays, tardiness, and failure to make an appropriate or scheduled pick-up resulting in tardiness or absence from work. Participant understands that these risks, hazards, and dangers may result in serious bodily injury, death, paralysis, permanent disability or other economic losses. Participant further understands that accidents or injuries may occur in locations or under circumstances where medical attention is not readily available. Participant understands that these risks, hazards, and dangers may result from a variety of circumstances including, but not limited to, the use or misuse of the vehicle, defects in the vehicle, adverse weather conditions, the actions or inactions of myself, the driver, or others, or by the negligent acts or omissions of the Released Parties defined below. Participant understands that the description of risks herein is not complete and that other risks or events that are known or unknown, may result in serious bodily injury and/or death. Participant understands and has considered the risks involved in participating in the TMA Vanpool Program, and in signing this Agreement, voluntarily and freely chooses to assume these risks.

20. On behalf of Participant's self, and Participant's heirs, assigns, next of kin, executors and administrators, Participant releases from liability and forever discharges The Transportation Management Association Group Participant's employer, the State of Tennessee, Williamson County Government, Regional Transportation Authority and each of their affiliates and related entities, as well as each of their officers, directors, shareholders, agents, insurers, employees, volunteers, representatives, successors and assigns (collectively "Released Parties") from any and all losses, liabilities, damages, costs and expenses, and any causes of action, suits, claims, and demands of any type or kind whatsoever at law or in equity, whether known or unknown, foreseen or unforeseen, including and without limitation, those involving personal, bodily, or mental injury (including death), economic loss, property damage, or any other loss resulting from, arising out of, or in any way connected to Participant's use or operation of any TMA van or participation in the TMA Vanpool Program (collectively "Claims"), including Claims that are based in whole or in part on Participant's own actions or inactions of others, or on the negligent acts or omissions of the Released Parties. Participant further promises not to sue any of the Released Parties for any Claim and agrees to defend, hold harmless, and indemnify the Released Parties from any and all Claims asserted, commenced, or threatened against any of the Released Parties. This provision shall survive the termination of this Agreement.

21. Participant acknowledges that TMA provides ridesharing referral services without screening the character or background of participants or applicants. TMA shall have no responsibility or liability for any acts or omissions of TMA Vanpool program participants or applicants.

22. Participant agrees that if Participant does not pay any amounts owed to TMA for his/her participation in the Vanpool Program, TMA may refer the debt to a collection agency in accordance with state and federal law.

23. Participant is prohibited from using the TMA Vanpool Program to engage in any illegal, improper, actionable or criminal activity; or to violate any local, state, or federal statute, including but not limited to threatening or harassing others.

24. Participant agrees that TMA is not responsible for any personal property lost or damaged that may be associated with Participant's participation in the TMA Vanpool Program.

25. This Agreement constitutes the entire agreement between Participant and TMA with respect to the subject matter hereof and supersedes all previous written or oral agreements, if any, between Participant and TMA with respect to such subject matter. If Participant is any way dissatisfied with any of the terms, Participant's sole and exclusive remedy is to discontinue participation in the TMA Vanpool Program. TMA reserves the right to change or discontinue any aspect of the TMA Vanpool Program, temporarily or permanently, with or without notice to Participant.

26. This Agreement shall be construed in accordance with the laws of the State of Tennessee as well as with all federal law and regulations, without regard to its conflicts of law provisions. Participant consents to the exclusive jurisdiction of the state and federal courts in Williamson County, Tennessee in all disputes arising out of or related to this Agreement and the participation in the TMA Vanpool Program. The invalidity of any term or provision of this Agreement will not affect the validity of any other term or provision. Waiver by TMA of strict performances of any provision of these terms will not be a waiver of or prejudice TMA's right to require strict performance of the same provision in the future or of any other provision of these terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

BY SIGNING THE AGREEMENT, THE UNDERSIGNED PARTICIPANT CERTIFIES THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS PARTICIPANT AGREEMENT. PARTICIPANT IS AWARE THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS AND SIGNS THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Driver Agreement TMA Vanpool Program

In consideration for being allowed to participate in the TMA Vanpool Program (“Program”) as a volunteer primary driver or backup driver, in addition to the terms set forth in the Participant Agreement, the undersigned (“Driver”), has, read, understands, and agrees to comply with the following:

  1. Driver is and shall be considered to be a volunteer under the law and shall not hold themselves out to be, or act as, employee or an actual, apparent, or ostensible agent of TMA. Driver shall operate the van exclusively in a volunteer role and will not receive any compensation from TMA.
  2. Driver shall maintain a valid driver’s license as required by the State of Tennessee at all times and shall immediately report to TMA any changes in license status (e.g. points, suspension, or revocation) and any accidents that Driver is involved in (regardless of whether Driver is at-fault or if the accident occurs while Driver is operating a TMA van).
  3. Driver shall notify TMA immediately if Driver no longer meet the TMA Vanpool Driver Qualification Guidelines established by TMA, available here at www.vanstar.com.
  4. Driver shall complete the TMA Orientation and Training prior to taking possession of or operating any TMA van, and complete any refresher training as required by TMA.
  5. If Driver is a backup driver, then Driver shall assume all responsibilities of a primary driver when acting in that capacity.
  6. Driver shall drive vans to and from work, picking up and dis¬charging riders in accordance with the mutually established routes and schedules.
  7. Primary Driver shall coordinate maintenance, cleaning and servicing of vans as prescribed in the TMA Operations ,Safety Guide.
  8. Primary Driver or Coordinator shall keep daily and monthly records as required by TMA, submitting them to TMA.
  9. Driver shall keep and report monthly odometer readings of their van as required by TMA.
  10. Primary drivers shall coordinate with backup drivers to help ensure continued operation of van in the absence of the primary drivers.
  11. Primary Driver shall coordinate the provision of alternate transportation when the vans are not available.
  12. Primary Driver shall coordinate the development of rules for the day-to-day operation of their commuter groups (e.g., wait times, radio)
  13. Driver shall at all times operate vans in a manner complementary to the public nature of the TMA Vanpool Program, keep the vans clean, drive in a courteous manner and, if asked, explain the unique character of the use of this public transit van.
  14. Driver shall not allow any individual that has not received written approval from TMA to operate the van.
  15. Driver shall operate the van in a safe and prudent manner in accordance with all applicable laws, ordinances, rules and regulations. Any citation resulting from the operation of a van is the responsibility of the driver driving the van at the time of issuance of the citation. The cost of any parking ticket, toll fines, and/or impound fees resulting from improper parking or operation of the van is the responsibility of the driver. All drivers shall report each citation they receive for a moving traffic violation, whether received while driving the van or any other motor vehicle, to TMA vanpool or safety position within 24 hours.
  16. Driver shall wear/use safety belts properly at all times while driving the van and shall make a reasonable effort to ensure all occupants are wearing their seat belts.
  17. In the case of any incident or accident or any other loss or damage to or involving the vanpool vehicle, Driver shall:
    a. Immediately notify the responsible law enforcement agency;
    b. Notify TMA according to published accident reporting instructions;
    c. Provide a written accident report to TMA within 24 hours of the incident or accident; and
    d. Cooperate fully with TMA and the insurance provider in all incident or accident investigations and/or settlements.
  18. Driver shall comply with the off-street parking policies and rules set forth in the TMA Operation and Safety Guide. The van is to be parked off-street at the residence of the primary driver or backup driver, or some other TMA-approved location during non-commute hours.
  19. Driver shall not use vans for business purposes or for hire; to pull trailers, boats, etc.; to haul garbage, debris, or excessive loads; for any purpose requiring the removal, storing, or folding of seats; or for any other purposes prohibited in the TMA Operation and Safety Guide. Driver acknowledges that Driver shall have full liability and responsibility if the van is used for anything other than permitted purposes or in a manner inconsistent with this Agreement.
  20. Driver shall drive vans only on hard surfaced streets and highways and other normal access roads and driveways. Driver shall not drive vans off-road, in fields, or in any other potentially unsafe environment.
  21. Driver shall not drive vans over bridges or roads posted for less than a ton maximum weight load. Driver shall observe width and height clearance requirement of and for the van at all times.
  22. Driver shall not allow accessories, including window or bumper stickers, appearance items or additional equipment, to be added to or removed from the van without prior approval of TMA.
  23. Driver agrees that if Driver does not pay any amounts owed to TMA, TMA may refer the debt to a collection agency in accordance with state and federal law.
  24. Driver shall notify TMA in the event of any change in Driver’s principal place of employment or residence.
  25. Drive understands and agrees that TMA may suspend or revoke Driver’s driving privileges at any time, for any reason, with or without notice.
  26. Driver shall provide the TMA Group and the Coordinator with a 30-day notice of Driver’s intent to discontinue Driver’s role as a primary or backup driver.