PARTICIPANT TERMS, CONDITIONS, AND WAIVER

Updated: March 20, 2024

Terms and Conditions

The City of South Bend (“City”), by and through either its Department of Innovation & Technology or its partnership with enFocus, Inc. (“enFocus”),  has created a program that provides eligible participants with transportation options for getting to and from their workplace, training site, or a nonprofit service provider. From this point on, the transportation program will be referred to as “The Program.” Transportation providers will be referred to as “Providers.” Eligible participants will be referred to as “Users.” Participation in The Program is optional. Users of The Program will access some Providers’ technology platforms to request transportation services from Providers. The City and/or enFocus (hereinafter “Sponsors”) are responsible for maintaining Users’ access to limited discounts on Providers’ transportation services   . These discounts can be changed or canceled at any time. Because the Sponsors do not provide transportation, they cannot guarantee availability, timeliness, or other services on behalf of Providers. The Sponsors will have access to certain data from Providers that will provide detailed trip information of Users. This information may include but is not limited to name, phone number, trip request time and date, drop-off time and date, ride option preference, pick-up and drop-off address, trip route, distance, duration, fare amount, and service type.  Participants acknowledge that Uber will not share names, credit card numbers, or any other personally identifiable information with the City.

Specifically, any Participant using the Program through a voucher with Uber agrees and acknowledges that Uber may receive their personal data as detailed above, Uber may provide Sponsors with detailed information on, and real-time trip status of, the rides charged to Participant, to receive text messages and/or emails from Uber, and for Uber to otherwise contact Participants for the purpose of providing the Uber service or to provide any communications pursuant to Uber’s agreement with the Sponsors. 

enFocus may analyze this data and provide its analysis to  the City . City data is subject to disclosure under the Access to Public Records Act, and Users acknowledge that their information pertaining to the Program may be subject to a public records request. Users must be at least 18 years old, unless a physical or electronic copy of a release and waiver form signed by a parent or guardian is on file with the Sponsors.     These Terms and Conditions and Waiver may be updated at any time; Sponsors will provide Users with notice of updates.

Text Messaging Terms & Consent

As part of The Program, Sponsors may text Users at their provided mobile telephone number. These texts will provide information, give surveys, and collect feedback. Message and data rates may apply. Users will be asked to opt in to further messages. Users may text ‘STOP’ to stop receiving texts. Users may text ‘HELP’ for additional information.

Assumption of Risks

I understand that there are risks associated with my participation in the Program, including but not limited to physical injury, exposure to and illness from disease, including infectious disease such as COVID-19, influenza and MRSA, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Provider location(s) or facility. Nonetheless, I assume all risks of my participation in the Program, whether known or unknown to me. My optional participation in The Program involves certain risks that cannot be eliminated. I have read this document and acknowledge and understand these risks.

Compliance with Terms and Conditions

I willingly agree to comply with the stated and customary terms and conditions for participation in the Program, including those imposed by Providers for protection against physical injury or infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

Indemnification and Hold Harmless

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless the City of South Bend, Indiana, enFocus, their officers, officials, agents, volunteers and/or employees, (collectively, “Releasees”), with respect to any and all physical injury, illness, infectious disease, disability, death or loss or damage to person or property, whether arising from the negligence of Releasees or otherwise, to the fullest extent permitted by law. I agree that enFocus, the City of South Bend, and any other sponsoring organizations are not liable for any actions, suits, procedures, costs, expenses, damages or liabilities, including attorney’s fees, associated with participation in The Program. In addition, I agree to reimburse enFocus, the City of South Bend, and any other sponsoring organizations for costs associated with claims and to provide, the City of South Bend, and any other sponsoring organizations with a defense of such claims.

Severability

The terms and conditions, waiver, assumption of risks, and indemnity agreements are as broad and inclusive as allowed by the State of Indiana. If any section is ruled invalid, the remaining sections will still be in effect.

Acknowledgement of Understanding

I have read this document in full. I understand that I may be giving up substantial rights, such as the right to sue. I agree that I am signing this document voluntarily. My digital signature represents my understanding of this document’s information.