Evo Member Agreement

Last updated: November 9^th, 2023

IMPORTANT - PLEASE READ CAREFULLY

Please read this Agreement carefully prior to registration. It explains your rights and duties as an Evo member.

By submitting your registration for Evo membership you agree to abide by this Agreement and, to the extent that you make use of any Evolve E-Bike, the Evolve Member Agreement (found here), and you understand and accept that you give up certain legal rights. You also confirm that the information you provided in your registration form is complete and accurate and that you meet the eligibility criteria to become an Evo member (see the "Eligibility Criteria" section below).

You further understand that we may, in our sole discretion, reject your application for Evo membership or terminate your existing membership, whether or not you meet the eligibility criteria and without any obligation to provide any reason or justification therefor. You also understand that we may change the eligibility criteria for Evo membership or any part of the Evo Car-sharing Program, or change the Evo Member Agreement at any time.

YOU MAY CANCEL YOUR EVO MEMBERSHIP AT ANY TIME BY NOTICE TO US IN WRITING. FEES AND OTHER CHARGES ARE NOT REFUNDABLE EXCEPT WHERE REQUIRED BY LAW.

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Your Evo Member Agreement

What your Evo Member Agreement Covers

This is the Evo member agreement, which sets out the conditions of Evo membership and the terms under which you may participate in the Evo Car-Sharing Program and, by extension, the Evolve E-Bike Share Program (the “Evolve Program”). We will refer to the Evo member agreement as "this Agreement".

The following Documents form part of this Agreement and are considered attached to it:

A. Rate Schedule

B. Privacy Policy

C. Trip Process and Parking Rules

By making use of any Evolve E-Bike under the Evolve Program, in addition to this Agreement, you also consent and agree to be bound by the terms and conditions of the Evolve Member Agreement (found here).

When this Agreement refers to "you" or "your", it means the person who has applied for Evo membership by submitting a registration or in any other way that we make available from time to time. When this Agreement refers to "we", "our" or "us", it means B.C.A.A. Holdings Ltd.

This Agreement contains a number of capitalized terms. These terms have specific meanings and are defined in the glossary found at the end of this Agreement.

How this Agreement may be Amended

This Agreement is subject to change without notice to you, and all such changes will be effective upon posting to our website at www.evo.ca/member-agreement, as of the date indicated at the top of this Agreement. By continuing to use Evo after such date you will be deemed to have accepted any such changes. Nevertheless, we may ask you (but are not required to ask you) to read and confirm your agreement with any changes to this Agreement when you make a reservation, access your member account online, use the Evo app or other Evo membership features or services.

How to Become an Evo Member

To become an Evo member and to use our Evo Car-Sharing Program, you must:

• register with us by one of the methods that we make available from time to time;
• meet the eligibility criteria to become an Evo member and to use the Vehicles;
• provide information about your driving record;
• provide an authorized, valid and legitimate credit card;
• accept the terms of this Agreement, including our Rate Schedule, Privacy Policy, Trip Process and Parking Rules and any other Documents, and agree to abide by them;
• be approved by us as a member; and
• pay the applicable One time registration fee and the annual Car Share Operator Fee.

Registration

You can register for Evo online at www.evo.ca or through the Evo Car Share App.

During the registration process you will be asked to provide personal information (such as your name, gender and date of birth), contact information, Driver's Licence information and a valid credit card. Your contact information must include a valid email address and a valid mobile telephone number. You will need to verify your mobile phone number with a verification code during the registration process.

In addition to the above information, you will be asked to submit a photo of yourself (a “selfie”) taken on the day of registration, as well as photos of the front and back of your Driver’s Licence. If your images are blurred, illegible or depict anything other than yourself or your Driver’s Licence, or are otherwise deemed unacceptable by Evo, we reserve the right to refuse approving your membership at our sole discretion.

You must notify us if there are any changes to the contact information you provided so that we can continue to send you confirmation and keep you updated.

We will use this information, among other things, to determine your eligibility for Evo membership and Evo Car-Sharing Program, to manage your Evo membership and member account, and to provide the Evo Car-Sharing Program to you and to bill you for your use of the Evo Car-Sharing Program and related charges described in our Rate Schedule. For more details on how we use your personal information, please see the "Protecting Your Privacy" section below.

You are unable to combine referral codes and promotional minutes when registering your account. We reserve the right to revoke minutes from your account at our discretion.

Eligibility Criteria

You must meet and maintain at all times the following eligibility criteria to become and remain an Evo member and to use our Vehicles:

• be at least 18 years of age;
• hold a valid Driver’s Licence;
• have a Minimum N licence (class 7) with 2 years driving experience (including Learners);
• have received no more than two Traffic Violations;
• not have received six or more driver penalty points (or equivalent demerit points) in the past two years; and
• have not been charged with, or convicted of, any Major Traffic Violation.
• have no prohibitions from driving a motor vehicle under the Motor Vehicle Act (BC) in the past 2 years.

You must notify us immediately if you cease to meet any of the foregoing criteria.

Provide Driving Record

Before you can become an Evo member, you must arrange for your official driving record to be sent to records@evo.ca by the applicable licensing authority. If you have a Driver’s Licence from B.C., you can complete the online driving record submission form at https://onlinebusiness.icbc.com/clio/ (redirected after your Evo Registration) or you can call ICBC at 1.800.950.1498 or 604.661.2255 to have your driving record emailed to us. Your ICBC driving record must come directly from ICBC and not from any other email address. If you have a Driver's Licence from another jurisdiction you must provide an up-to-date official driving record from the issuer of your Driver's Licence. Your official driving record or letter of experience must show at least the two most recent years of your driving history. If any of these documents is not in English, you must provide a certified English language translation.

If we do not receive your official driving record within ten days of your registration with Evo, we may decide, in our sole discretion, not to take further steps in evaluating your membership application.

Membership Approval

By applying for Evo membership, you authorize us to check your driving history, driving record, driving abstract or government or other records and to check whether you meet the Evo eligibility criteria. We may make these checks as part of approving your membership application but have no duty to do so.

We may also ask you at any time during your Evo membership to provide at your own expense a current, driving record from the issuer of your Driver's Licence to verify that you continue to meet the Evo eligibility criteria and otherwise comply with the terms of this Agreement.

You understand that you will not automatically become or remain an Evo member merely because you satisfy the Evo eligibility criteria and that we may or may not approve you as an Evo member, and we may terminate your membership at any time, in our sole discretion, without any obligation to provide any reason or justification.

Multiple Accounts Not Permitted

No person is permitted to create or maintain more than one Evo account and once you have registered for Evo online at www.evo.ca, you may not register any additional Evo accounts. If, for any reason, your Evo membership was declined (for example because you do not meet the eligibility criteria or we did not receive your driving record in time) or terminated, do not attempt to reapply by setting up a new Evo member account. Rather, contact us by email at info@evo.ca or call us at (at 1-844-EVO-2-EVO or 1-844-386-2386) and provide your initial registration information or old Evo member number, if available, together with any new or outstanding information (such as an updated driving record) you would like us to consider as part of your membership application. If we approve your Evo membership, your previous registration can be activated or re-activated, as applicable.

Payment of Fees

As part of registration, every new Evo member will be charged a One time registration fee as well as an annual Car Share Operator fee, plus applicable taxes to the credit card provided as part of registration (see our Rate Schedule for more details). The One time registration fee is non-refundable, subject to any statutory rights.

Evo Membership

Becoming an Evo member does not grant you unlimited rights to participate in the Evo Car-Sharing Program. You may use Vehicles and other membership services or features only in accordance with the most current version of this Agreement, and subject to availability and subject to any other limitations or requirements.

We may make additional types or classes of Evo membership available in the future and will inform you if we do so.

Once we have approved you as an Evo member, your membership is for an indefinite term, unless it is terminated in accordance with this Agreement or cancelled in accordance with your statutory rights.

Evo App and Evo Membership Card

Please use the Evo app to access many of the Evo features or services through your smartphone, including accessing your Evo account, locating and reserving Vehicles, and the Call Centre (at 1-844-EVO-2-EVO or 1-844-386-2386). The Evo app is currently available for iPhones and Android phones.

We will also send you your Evo membership card to the address you provided to us during registration. Embedded in your Evo membership card is a unique radio frequency identification (or RFID) chip. The RFID chip will allow you to access our Vehicles and also allow us to track the length of each your Rental Periods.

The Evo membership card will remain our property at all times and you must immediately return it to us upon request. Further, you are prohibited from doing any of the following with your Evo membership card:

• removing the RFID chip from the Evo membership card;
• reading, copying, or manipulating the RFID chip; or
• permitting another person to use your Evo membership card.

You must let us know immediately by calling the Call Centre (at 1-844-EVO-2-EVO or 1-844-386-2386) if your Evo membership card is lost, stolen, damaged or not functioning properly or your smartphone with the Evo app is lost or stolen. This is necessary so that we can prevent improper use or any damage to any of our Vehicles or equipment. If you fail to let us know immediately, you will remain responsible to pay any fees or charges incurred under your Evo account as well as for any damage to our Vehicles or equipment as a result of another person using your Evo membership card, Evo app or login information.

Moreover, you must pay for the cost of replacing your lost, stolen, damaged or unreturned Evo membership card. Please see the Rate Schedule for more details on the applicable charges.

Your Evo Account

To create your Evo account, you will be required to provide an email address as your username and a unique password (in addition to the other required registration information). You must keep your password strictly confidential at all times, must not make it available to others and must not allow others to use your username and password to access the Evo app or Evo website through your account.

You agree to access only the authorized sections of the Evo app, the Evo website and your Evo account only by using your username and password. You agree to take all necessary steps to prevent others from obtaining your username or password and to notify us of any unauthorized access of your Evo account, the Evo app, or the Evo website. You will be responsible to pay for all associated costs or damages arising from others using your Evo account, whether through the Evo app, the Evo website, or otherwise, with or without your permission or knowledge, occurring before you notify us of such unauthorized use.

You also agree that you do not acquire any rights of use or ownership as a result of using your Evo account, the Evo app, the Evo website or any services, features or other parts of the Evo Car-Sharing Program. The Evo Car-Sharing Program incorporates proprietary content and information and material that is protected by intellectual property and other laws, and you will not use such content, information or material in any way whatsoever except for as may be permitted by us in connection with your use of the Evo Car-Sharing Program.

Changes in Status

At any time during your Evo membership, you must immediately let us know if any of the events listed below occur. It does not matter whether these events occur in British Columbia or anywhere else in the world or whether they occur in relation to your use of a Vehicle or otherwise:

• if you receive any driver penalty points or similar driver demerit points;
• if you are charged or convicted for a Major Traffic Violation;
• if your Driver’s Licence has been suspended, revoked, expired, surrendered, withdrawn, lost or is no longer valid for any other reason;
• if you are involved in a traffic accident while operating one of our Vehicles;
• if your contact information, including your email address and mobile phone number, changes; and
• if your credit card information changes.

If you do not immediately tell us about any of the above your Evo membership may be suspended or terminated (see the "When your Evo Membership may be Suspended or Terminated" section below). Depending on the nature of the change we may also request that you provide an updated copy of your official driving record.

Fees, Rates, Charges and Payments

Membership Fees and Rental Fees

As described in the "Payment of Fees" section above and in more detail in the Rate Schedule, you must pay an initial One time registration fee and an annual Car Share Operator fee plus applicable taxes.

For each use of a Vehicle, you must pay the applicable rental fee calculated on a per minute, hourly or per day basis, plus applicable taxes, depending on the relevant Rental Period and whether you or not are renting a Vehicle under the Evo Return Program. All rental fees begin to accrue when you start your Rental Period (see the "Beginning Your Trip" section below) and stop accruing when you stop your Rental Period (see the "Ending Your Trip and Returning Your Vehicle" section below). In addition, each year, you must pay an All access fee each time you use a Vehicle for the first 200 trips. The All access fee resets annually and is used for various purposes, including, without limitation to pay for fuel, insurance, parking, unlimited kilometers, fleet maintenance, eco-friendly cleaning, and anything else that Evo deems appropriate, at its sole discretion, to ensure the continuous operation of the business.

Your rental fees and other applicable service charges are calculated and charged to your payment method on file after each trip taken.

Other Charges

You will also be required to pay certain charges related to your use of a Vehicle, replacement costs, administration, account processing or other activities that may arise in connection with your Evo membership, including, but not limited to, the following:

• the All access fee (as further described above, in the Rate Schedule, and at www.evo.ca);
• returned or rejected payments;
• collection efforts due to non-payment;
• processing of Traffic Violations, Parking Violations, towed Vehicle costs or toll charges;
• failure to return Vehicles to the applicable Home Zone;
• failure to secure Vehicles;
• insurance deductibles;
• drained Vehicle battery;
• unauthorized parking;
• loss of use of Vehicles (as further described in the Rate Schedule and at www.evo.ca);
• towing ticket charges and processing fees (as further described in the Rate Schedule and at www.evo.ca);
• cleaning and maintenance; and
• replacement of a damaged, lost or stolen Evo membership card or Key Fob.

We may amend, replace or supplement these charges at any time.

Our Rate Schedule

A list of our current fees, rates and other charges are set out in our Rate Schedule. We will do our best to notify you of any new fees, charges or rates or any increases to our fees, charges or rates, however we are not required to notify you ( see the "How this Agreement may be Amended" section above), and such changes are incorporated into this Agreement by reference.

Payment

We will charge all fees and charges that you have incurred as an Evo member or in using the Evo Car-Sharing Program to the credit card you have provided to us. You must ensure that the credit card information associated with your Evo account is always up to date and that there are sufficient funds available to cover any amount you owe to us. We do not accept payment through any type of prepaid credit card (for example, prepaid VISA, MasterCard, or American Express credit cards). Fees and charges incurred by you are not refundable except where required by law.

You are solely responsible for all credit card, banking, service, cellular, data or charges you incur in relation to any payment to us, insufficient funds or your use of any of the services, features or other parts of the Evo Car-Sharing Program.

Pre-billing Process for Long Trips

Vehicle use under any Evo Program, trips reaching a duration of 48 hours or longer, and/or a trip where the vehicle is taken out of British Columbia into another province are subject to our pre-billing process. Your payment method on file will be charged for the period you have booked the Vehicle, a one day rate for each consecutive day the vehicle is in use from the 48-hour mark and/or when the vehicle enters another province, as applicable, to ensure sufficient funds for the trip. If the payment is successful, the equivalent value in credits will be added to the account with the final billing reflecting the remaining outstanding balance when the trip is ended. If the payment fails, we will take action to recover the vehicle at your expense. If a vehicle is recovered, your account will have to be reviewed by management in order to regain access to the service.

Viewing your Account History

At present, you can access the following information through your Evo account:

• your rental and payment history;
• your account statements and information; and
• the fees and charges that you have incurred.

You understand and agree that we have no duty to provide you with rental, billing, payment or other account information or reminders in any other way and that you are responsible for checking, managing and updating your Evo account, rental, billing and payment information.

How to Reserve a Vehicle and Spontaneous Rentals

Making Reservations

Other than Vehicle use under Evo Return program, which is set forth under Evo Return Program below, you can reserve a Vehicle up to 30 minutes prior to the desired start time of your Rental Period, subject to Vehicle availability. Reservations can be made through the Evo app, or other methods that we may make available from time to time. You cannot make more than one reservation at a time, but you can cancel your reservation at any time prior to making a new reservation, at no cost.

If you do not start the Rental Period of your reserved Vehicle within the reservation period, the reservation will automatically expire and the Vehicle in question may be reserved or used by other Evo members. If you cancel your reservation or the reservation period expires, you cannot book that same Vehicle again for a period of 1 hour.

We will treat all reservation requests on a first come, first served basis and have the right to refuse a reservation if the number of available Vehicles is not sufficient to meet all reservation requests. Further, we may refuse or cancel a reservation for emergency, safety, business, operational, technical or mechanical reasons or for any other reason whatsoever.

When reserving a Vehicle on a spontaneous rental, you authorize us to place a pre-authorization hold in the amount of $5 to the method of payment held on file. The trip will be able to start only after payment pre-authorization by us and booking confirmation. Once the trip is completed or terminated, we will bill the amount due for the trip and release any amounts remaining from the pre-authorization hold, if applicable.

Please see Evo Return Program below for details on reservation under that program.

Vehicle Unavailable

If you cannot find your reserved Vehicle during the reservation period at the parking location indicated in your reservation during your reservation period, please contact our Call Centre immediately for assistance or to make alternate arrangements.

Spontaneous Rentals

You can also rent any available Vehicle without prior reservation. Available Vehicles in your vicinity can be located through the Evo app, or our Call Centre (at 1-844-EVO-2-EVO or 1-844-386-2386). If you are renting through the Evo Return Program, you must begin your rental through the Evo app. Alternatively, you can recognize available Vehicles by the green status light near the Vehicle’s RFID reader in the lower left corner of the windshield.

Beginning Your Trip

Starting Your Rental Period and Unlocking Your Vehicle

Once you have located your reserved Vehicle or an available Vehicle, you unlock the Vehicle and begin your Rental Period using your Evo app or Evo membership card. For more information on how to access a Vehicle and start your Rental Period, please see attached Trip Process and Parking Rules.

Pre-Trip Check

Before operating a Vehicle, you must familiarize yourself with the Vehicle, this Agreement, the Trip Process and Parking Rules, the Fuel Process Card and the Vehicle Manual. The Fuel Process Card and the Vehicle Manuals contain instructions and other useful information on how to use the Vehicle and its equipment. Copies of the Fuel Process Card and the Vehicle Manuals can be found inside the Vehicle.

Before operating a Vehicle you must also inspect the interior and exterior of the Vehicle for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation (such as the Vehicle’s roof rack, Key Fob, Fuel Process Card, the insurance papers or copy of the Vehicle Manual). In the following, we will refer to any of these issues as “Vehicle Damage”.

If you discover any Vehicle Damage, you must let us know immediately by using the in-app damage reporting tool or by pressing the Evo Help Button, which will connect you to our Call Centre through the Vehicle’s communication system. Alternatively, you can call the Call Centre (at 1-844-EVO-2-EVO or 1-844-386-2386). You must report any Vehicle Damage to us completely and accurately.

The Call Centre will inform you whether any of Vehicle Damage you have reported will prevent you from using the Vehicle or will let you know what additional steps you may have to take to properly address the issue. If the Call Centre determines that a Vehicle can no longer be used, it will assist you in making alternate arrangements.

Failure to Report

You understand and agree that if you do not completely and accurately report to us any Vehicle Damage already existing at the beginning of your Rental Period, that damage will be deemed to have occurred during your Rental Period and you must pay us for that damage unless it is established to our satisfaction that Vehicle Damage could not have occurred during your Rental Period.

The Key Fob

The Key Fob can be found in the Vehicle’s glove compartment. The Key Fob is used to lock and unlock a Vehicle for stopovers without ending your Rental Period (for more information, see the “Stopovers” section below). Further, you cannot end your Rental Period unless you have returned the Key Fob to its holder in the Vehicle’s glove compartment.

The Key Fob remains our property at all times. You must not remove any of the keys from the Key Fob. You must let us know immediately (at 1-844-EVO-2-EVO or 1-844-386-2386) if the Key Fob of your Vehicle is lost, stolen, damaged or not functioning properly so that we can prevent improper use or any further damage to any of our Vehicles or equipment.

Moreover, you must pay for the cost of replacing a Key Fob that is, or is deemed to be, lost, stolen or damaged during or in connection with your rental of a Vehicle. Please see the Rate Schedule for more details on the applicable charges.

Who Can Drive

The only persons who are permitted to drive a Vehicle that you have rented during your Rental Period are:

• you; and
• an Emergency Driver as described below.

In case of an emergency threatening the life, health or safety of you or another person in your party, you may permit a non-member to drive a Vehicle during your Rental Period provided that this Emergency Driver:

• is at least 18 years old;
• has a valid Driver’s Licence;
• operates the Vehicle under your personal supervision and instruction; and
• complies with the Vehicle operating requirements set out in this Agreement; and
• notifies us as soon as safely possible that they had to drive an Evo Vehicle as an Emergency Driver.
• 'Medical emergency' means an emergency that requires an unplanned visit to a doctor or hospital for the purpose of receiving medical attention for an illness, condition, or injury. 

Your Emergency Drivers are not permitted to allow any other person to operate a Vehicle. Whether the Vehicle is driven by you or an Emergency Driver, you will remain responsible for all fees and charges arising in connection with the Rental Period. If you ever allow another person to drive on your account outside of an emergency, we will cancel your membership.

WARNING

We only grant permission to you or an Emergency Driver to operate a Vehicle. Accordingly, the Third Party Liability Insurance and Collision and Comprehensive Insurance for the Vehicle (see the “Insurance and Deductible” section) will not apply to protect an unauthorized driver, or to protect you in connection with a loss caused by an unauthorized driver.

Your Duties when Operating a Vehicle

You and your Emergency Drivers must use the Vehicle and its equipment in accordance with all applicable traffic laws, the terms of this Agreement, the Trip Process and Parking Rules and the Vehicle Manuals. Your duties include:

• carrying a valid Driver's Licence whenever driving a Vehicle;
• completing a pre-trip inspection prior to starting a trip to ensure that a Vehicle is roadworthy and reliable, as well as to ensure there is no pre-existing Vehicle Damage;
• operating Vehicles safely and with care, driving defensively within speed limits and as permitted by local weather and environmental conditions;
• securing Vehicles against theft, vandalism or improper use by others (including closing all windows and ensuring that all doors and the trunk are locked when you leave the Vehicle during stopovers or at the end of your trip);
• keeping Vehicles clean and tidy;
• using the roof racks in accordance with the roof rack instructions found at www.evo.ca; and
• immediately informing us of all Traffic Violation notices and parking violation notices (including from privately operated parking facilities) received during your Rental Period.

Some of the things you or your Emergency Drivers are NOT permitted to do include:

• operate a Vehicle if you are not authorized or qualified by law to do so;
• operate a Vehicle while under the influence of alcohol, drug or any other intoxicating substance. Even if the legal limit is higher, we have adopted a strict "no drinking and driving" policy for the Evo Car-Sharing Program and a 0.0% limit for any intoxicating substance applies;
• permit anybody who is not an Emergency Driver to operate a Vehicle;
• use any hand-held electronic device while operating a Vehicle;
• use a Vehicle to transport flammable, poisonous or other hazardous or dangerous goods;
• transport objects with the Vehicle that could (due to their size, shape or weight) adversely impact the Vehicle's operation or that could damage a Vehicle;
• drive the Vehicle into a parking garage with a bicycle on the roof rack;
• mount anything other than bicycles, skis or snowboards to the roof rack of the Vehicle;
• use a Vehicle for towing of any kind;
• use a Vehicle for any off-road driving (vehicles may only be used on paved and regularly maintained roads);
• use a Vehicle as a taxi or vehicle for hire;
• use a Vehicle for any illegal activity, for an illicit or prohibited trade or transportation, to escape or avoid arrest or other similar police action, or in a race or speed test;
• perform or authorize repairs or any conversions of a Vehicle;
• smoke or use tobacco or similar products in a Vehicle, or allow others to do so;
• let animals into a Vehicle, unless the animal is kept in an appropriate animal carrier or the animal qualifies as a guide animal for a person with a disability who accompanies the animal;
• remove any equipment from a Vehicle;
• operate a Vehicle without the seatbelt of every occupant properly fastened;
• allow more than 5 persons (including the driver) to occupy a Vehicle;
• drive a Vehicle anywhere outside Canada; and
• use a Vehicle in any manner that we consider dangerous, careless, improper, abusive or otherwise inappropriate, or as a means of committing any act of violence.

At no time shall a Member permit a vehicle to cross a national border or leave the country in which the Trip Period was started.

If a Vehicle is driven outside the applicable Home Zone or otherwise used in a contravention of any of the above, the Member will be personally responsible for all costs associated with such unauthorized use including, but not limited to, returning the Vehicle to the applicable Home Zone, and/or any costs associated with vehicle repair, motor-vehicle accidents or collisions and towing services.

WARNING

Operating a Vehicle in breach of the terms of this Agreement and/or the Third Party Liability Insurance or the Collision and Comprehensive Insurance can result in loss of the protection of that insurance, and personal financial exposure to a third party claimant, the insurer, or us. Your liability could include, for example, amounts claimed by a third party, reimbursement of a Third Party Liability Insurer or Collision and Comprehensive Insurer for amounts that it has paid, and reimbursement of us for amounts that we have paid, including any insurance deductible.

Making a Stopover

You can interrupt your trip at any time without ending your Rental Period. To do so, either (1) select the 'stopover' button on the Evo app to lock the doors, or (2) remove the Key Fob from the card holder in the glove compartment, use it to lock the doors and trunk of the Vehicle and take it with you. Before leaving the Vehicle, please make sure that the Vehicle is safely and legally parked and all the windows are closed and that the Vehicle is otherwise secured as well. You will be responsible to pay for any damage to the Vehicle or equipment that is incurred as a result of your failure to properly lock and secure the Vehicle during a stopover, including as a result of another person entering the vehicle while it’s unlocked or otherwise unsecure.

Do not end your Rental Period during a stopover (whether through the Evo app or by swiping your Member Card over the Vehicle’s RFID card reader). If you end your Rental Period, another Evo member may reserve the Vehicle or the Vehicle may be placed out of service in the meantime in which case you will no longer be able to use it. Ending your Rental Period in lieu of a stopover can cause you to be subjected to parking, towing or other fines if the Rental Period is ended while the car is parked in a spot that is unauthorized or a spot in which parking is only permitted for a limited time period, as you may not have the ability to move the Vehicle after the end of your Rental Period.

Upon returning to the Vehicle, either (1) select the 'stopover' button on the  Evo app to unlock the doors, or (2) use the Key Fob to unlock the doors and return the Key Fob to the card holder in the glove compartment. If you fail to return the Key fob to the card holder in the glove compartment the Vehicle cannot be used and you will not be able to end your trip successfully.

Refueling

For the purposes of this section, “Vehicle” means a non-electric Vehicle. Normally, you will not have to refuel during your trip as the Evo team seeks to keep Vehicles fueled up.

Please see the Fuel Process Card located in the glove compartment of the Vehicle for details regarding the process for refueling it if it requires additional fuel during a trip. You may refuel your Vehicle using any method of payment that works for you. After refueling your Vehicle, promptly take a picture of the receipt and email it, along with the licence plate and time of refueling to info@evo.ca so that we can reimburse you in accordance with the procedures noted below. Vehicles may only be fueled with regular grade gasoline (not diesel) and you may not permit any other person (other than an Emergency Driver) to refuel your Vehicle. We will not provide any reimbursement of receipts for pre-authorized charges of any kind.

In order to be eligible for reimbursement for the amount spent refueling your Vehicle, you must submit the receipt, licence plate and time of refueling to info@evo.ca in accordance with the above and the Fuel Process Card within ninety (90) days of the end of your trip; if you fail to submit this information within such time period, we shall not have any obligation whatsoever to reimburse you for refueling the Vehicle. We will only begin processing receipts after your trip has ended.

Provided the Vehicle has been refueled in accordance with the Fuel Process Card and the other requirements set forth in this section are met, within sixty (60) days of receipt of the above noted materials, we will reimburse you for the amount spent refueling the Vehicle. You have two reimbursement options to choose from: a direct refund of your fuel amount, or a driving credit for the total fuel amount plus 15% applied to your Evo account in minutes.

If you choose a direct refund of the fuel amount, we will reimburse you by e-transfer or by crediting the credit card you have provided to us attached to your Evo account for such amount. If we reimburse you by way of crediting your credit card, you must ensure that such credit card is able to accept such reimbursement and you are solely responsible for any credit card fees or other charges incurred in connection with same.

If you choose a driving credit, put ‘CREDIT’ in the subject line when you email us your receipt and license plate and we will reimburse you by crediting the amount spent plus 15% to your Evo account in minutes. If we reimburse you by way of driving minutes, the minutes issued will expire one year from the date of application to your Evo account. These minutes cannot be transferred to existing outstanding balances, nor can they be used towards service fees including, but not limited to, all access fees, passenger vehicle rental tax, and parking tickets. If the minutes expire, we will not reimburse any remaining monetary value by direct refund.

Alternatively, and notwithstanding anything else herein, Evo may choose to reimburse you by applying the amount spent to outstanding amounts on your Evo account or by any other means that Evo deems acceptable in our sole discretion.

The Fuel Process Card remains our property at all times and you must not alter it in any way. If you remove the Fuel Process Card from its holder in the glove compartment, please ensure that you return it after you have completed the refueling process. The Vehicle cannot be used without the Fuel Process Card in its proper place and you will not be able to end your trip successfully.

You are Responsible for Traffic Violations and related Fines and Charges.

You are solely responsible for the consequences of traffic offences and violations, criminal activities and parking violations (including on privately operated parking facilities) that occur in connection with your rental of a Vehicle and you must pay all penalties, fines, towing costs and other charges arising from these offences, activities or violations. You must also pay all toll charges or similar charges imposed in connection with your rental of a Vehicle. When we are required to pay penalties, fines, towing costs, toll charges or other charges on your behalf or on behalf of one of your Emergency Drivers, you agree to promptly reimburse us for the full amount of these penalties, fines, costs or charges.

You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines or charges. To the extent permitted by law, we may elect, in our sole discretion, to settle any claims related to the offences, activities or violations referred to above on your behalf, or to transfer any legal process, responsibility or liability related to such claims to you.

Cleaning and Maintenance

We depend on Evo members to return Vehicles in a clean and tidy state. You are responsible for cleaning your rented Vehicle before ending your Rental Period. If you leave a Vehicle dirty or messy, you will have to pay for any required cleaning or detailing in accordance with the Rate Schedule. Since we generally rely on our Evo members to keep Vehicles clean, we cannot promise that each Vehicle will be clean and tidy and we do not take any responsibility in relation to any objects left in a Vehicle by a previous user.

If any of the Vehicle's warning or indicator lights come on during your Rental Period, you should stop as soon as possible in a safe place and immediately notify the Call Centre for further instructions by using the Evo Help Button or calling the Call Centre (at 1-844-EVO-2-EVO or 1-844-386-2386). Do not continue to use the Vehicle if the Call Centre advises you or the Vehicle Manual states that the Vehicle is no longer safe to drive.

Unless explicitly authorized by an Evo representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged Vehicle or otherwise alter a Vehicle in any way, including, for example, by changing a flat tire or jump-starting a Vehicle battery. Failure to report accidents immediately may subject you to additional costs in losses and damages to the damaged vehicles.

Ending Your Trip and Returning your Vehicle

When you wish to end your trip and return your rented Vehicle, you must:

• park the Vehicle in a designated Evo parking spot, if applicable, or in a legal Evo approved free parking spot within the applicable Home Zone (see “Trip Process and Parking Rules” Schedule);
• ensure that the Vehicle engine is turned off;
• ensure that the Key Fob and Fuel Process Card are located in the card holders in the Vehicle’s glove compartment;
• ensure that the Vehicle is clean and tidy and you have left none of your belongings in the Vehicle;
• ensure that all windows, doors, and the trunk are fully closed and that all lights have been turned off; and
• ensure that the Vehicle is returned in its original condition, except for ordinary wear and tear due to reasonable use.

Unless you are using a Vehicle under the Evo Return Program, your trip will automatically end without the need for you to use the Evo app or hold your Evo membership card to the Vehicle’s RFID reader if the following conditions are satisfied:

1. the Vehicle is parked in a designated Evo parking spot or, if applicable, in a legal Evo approved free parking spot within the applicable Home Zone;
2. the Vehicle engine is turned off;
3. the Key Fob and the Fuel Process Card are located the card holders in the Vehicle’s glove compartment; and
4. all passengers have exited the Vehicle and closed all doors.

Once the above conditions are satisfied, the Rental Period will automatically end after 15 seconds and the doors will lock. Alternatively, you may end your trip prior to the end of such 15 second period by using the Evo app or holding your Evo membership card to the Vehicle’s RFID reader, in which case the Rental Period is ended only if the indicator light on the Vehicle’s RFID reader has turned green or orange and the doors have locked.

To end a rental under the Evo Return Program, all four of the above conditions must be met and you must manually end your trip using the Evo app. If you pick up a Vehicle from a designated Evo parking spot under the Evo Return Program, you must return the Vehicle to that Evo Return Zone.

You are responsible for ensuring the above conditions are satisfied and the Vehicle is locked and secure at the end of your Rental Period. If you intended to end a trip automatically or by using the Evo app or holding your Evo membership card to the Vehicle’s RFID reader, but any of the above conditions are not met, the Rental Period will not end and the doors will not automatically lock. You must ensure all the conditions above are satisfied such that the Rental Period is properly ended and the doors are locked. Your Rental Period will not end until such time and you will be charged rental fees in accordance with the Rate Schedule until then. In addition, if you leave the Vehicle unlocked and unattended, you may be subjected to unsecured vehicle fees in accordance with the Rate Schedule.

You will be responsible to pay for any damage to our Vehicles or equipment as a result of another person entering the vehicle while it’s unlocked or otherwise unsecure. If you have any difficulties with ending your Rental Period, including if the Vehicle’s RFID reader remains red, please call the Call Centre (at 1-844-EVO-2-EVO or 1-844-386-2386) for assistance.

For more information, please see also the Trip Process and Parking Rules.

We are not responsible for any lost, damaged or stolen personal belongings left in or on a Vehicle at any time. As well, we are not responsible for any damage caused to your bicycle should you choose to put your bicycle on an Evo roof rack.

No Returns Outside the Applicable Home Zone

You will not be able to return a Vehicle or end your Rental Period outside the applicable Home Zone. For greater clarity, if you pick up a Vehicle in Home Zone 1 you must return the Vehicle to Home Zone 1 and if you pick up a Vehicle in Home Zone 2 you must return the Vehicle to Home Zone 2. If you do not return the Vehicle to the applicable Home Zone and end your Rental Period as described in this Agreement (including the Trip Process and Parking Rules), you will responsible additional charges as described in the Rate Schedule (for example for retrieving or returning the Vehicle to the applicable Home Zone) and may also be subject to additional liability or criminal charges.

Refer to Glossary for definition of Home Zones 1, 2 and 3.

Right of Evo to Stop Trip and Retrieve Vehicle at Any Time

We maintain the right to remotely end a trip and/or retrieve a vehicle at any time in our sole discretion, including, without limitation, if we have reason to believe you are not fit to operate the Vehicle or are involved in any illicit activity, your payments are not processing, or we are unable to contact you. In such circumstances, you shall be responsible for all fees and costs incurred up until, and as a result of, the termination of such trip. If the Key Fob is not in the Vehicle at the time of any such termination and you fail to return it to Evo promptly thereafter, you will be charged the lost keys fee in accordance with the Rate Schedule.

Emergency Assistance and Accidents

You must immediately report accidents, breakdowns, defects or damages involving your rented Vehicle or its equipment to the Call Centre, either by calling 1-844-EVO-2-EVO or 1-844-386-2386 or by pressing the Evo Help Button, which will connect you directly to the Call Centre. You must provide us with an accurate description of events as well as all necessary information. You must follow the instructions provided to you by the Call Centre personnel. Unless explicitly authorized by an Evo representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged Vehicle or otherwise alter a Vehicle in any way, including, for example, by changing a flat tire or jump-starting a Vehicle battery. Failure to report accidents immediately may subject you to addition costs in losses and damages to the damaged vehicle.

If the police attend to the scene of an accident involving your rented Vehicle, you must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to conserve evidence and mitigate any damages.

After an accident, you may only continue your trip with our explicit permission. Unless the Vehicle involved in the accident is towed away, you may only park it in an area that is sufficiently supervised and safe.

We will e-mail you an incident report form in the event of an accident, injury or other incident. You must promptly fill out the incident report form and send the completed incident report form to us by mail or e-mail or fax.

No Warranties

While we inspect the mechanical condition of our Vehicles regularly for safety purposes, you understand that we do not routinely inspect Vehicles after a rental has been completed and that our Vehicles are parked in public places. Accordingly, for your and your passenger’s safety, you are required to inspect each Vehicle before commencing a trip (see the “Pre-Trip Check” section above.)

To the maximum extent permitted by law:

• we do not guarantee or warrant to you, the performance, availability, reliability, quality, uninterrupted use, security, fitness for any use or purpose, pricing or operation of any aspect of your Evo membership or the Evo Car-Sharing Program or the condition, safety or fitness of our Vehicles;
• we also do not make any express or implied representation, warranty or condition, (including warranties or conditions of title or non-infringement, merchantable quality or fitness for a particular purpose) in respect of any aspect of your Evo membership or the Evo Car-Sharing Program;
• no advice or information, whether oral or written, obtained by you from any of the BCAA Parties creates a term, condition, representation or warranty if it is not expressly stated in this Agreement; and
• all representations, warranties and conditions of any kind, express or implied are excluded.

Your Responsibility to Pay for Losses and Damages

Vehicle Damage, Loss or Theft during your Rental Period

You are responsible to compensate us for any Vehicle Damage and lost, stolen or damaged equipment in connection with your rental of a Vehicle (whether caused by you, your Emergency Drivers or otherwise, including, for greater certainty, as a result of the failure to properly park, lock or otherwise secure a Vehicle during any stopover or at the end of a trip). This includes any damage or loss caused by accidents, vandalism, soiling, improper use of the Vehicle or your non-compliance with the terms of this Agreement, the Fuel Process Card or the Vehicle Manual. You are also responsible for our costs in temporarily replacing the damaged Vehicle or equipment during repairs or cleaning.

Further, you will be responsible to pay us for all losses or damages resulting from damage to, loss, theft, or improper use of, or failure to return as required, any Evo Card. This includes all losses or damages in connection with the theft, loss, damage or improper use of a Vehicle with your Evo membership or the Key Fob or Evo fuel card of a Vehicle that you have rented.

To the extent you are determined to be at fault by us, an insurer or a court of law in British Columbia, you are responsible for any losses or damages suffered by third parties (including, without limitation, losses resulting from the injury or death of another person and damage to real or personal property, such as another motor vehicle) arising from or in connection with your use or operation of a Vehicle. In the event you are determined to be at fault for any loss or damage suffered by a third party, you will be responsible for payment of any insurance deductible or Damage Fee required by us or any of our insurers to process their insurance claim, in accordance with the terms of this Agreement.

If you receive any payment or compensation from another person (including your own insurance provider) in connection with any damage, loss or theft of a Vehicle or equipment (including any Evo Card), you must pay such funds to us. We will apply your payment to reduce any amount you owe us in connection with the damaged, lost or stolen Vehicle or equipment.

Your Indemnification Obligations

Without restricting the other remedies available to the BCAA Parties, you agree to indemnify the BCAA Parties for any loss, liability, claims (including claims by other persons), damages, costs (including our actual costs to defend any claims and the cost of any insurance deductible or Damage Fee we pay or incur in relation to a claim relating to you or your Emergency Driver) and expenses that of the BCAA Parties incur arising from or in connection with your or your Emergency Drivers’ use of the Evo Car-Sharing Program, including, but not limited to, non-compliance with the terms of this Agreement, negligence or intentional misconduct.

Insurance and Deductibles

Third Party Liability Insurance

We have placed Third Party Liability Insurance for the Vehicles in accordance with British Columbia law and with an insurer or insurers duly authorized to provide insurance in British Columbia, including the Insurance Corporation of British Columbia. Copies of the terms of the Third Party Liability Insurance coverage are available in the Vehicle's glove compartment. You and your Emergency Drivers qualify as insured under the Third Party Liability Insurance according to its terms and so long as your use of the Vehicle is in strict compliance with this Agreement and the terms of your permission from us to use the Vehicle. The policy limit of the Third Party Liability Insurance is equal to or greater than the minimum amount required by law in British Columbia, however, we reserve the right to amend the terms of the Third Party Liability Insurance, including the policy limit and applicable deductible amount, from time to time at our sole discretion and without notice to you. For more information regarding the Third Party Liability Insurance, please visit ICBC.com. The fact that we have arranged for Third Party Liability Insurance does not reduce or otherwise affect your responsibility to us or any other person.

The Third Party Liability Insurance is not collision coverage, and does not cover you with respect to any damage to the Vehicle itself and your obligation to us to ensure that the Vehicle is not damaged during your rental (whether or not you are at fault). To cover damage to the Vehicle itself, we maintain Collision and Comprehensive Insurance and, in the event of a claim, will charge you a Damage Fee of up to $1,000 to cover the costs of repair, in accordance with the terms set forth below.

We make no representation or warranty as to the adequacy of the terms or policy limit of the Third Party Liability Insurance. We do not act as your agent in obtaining the Third Party Liability Insurance and we assume no responsibility for the actions of the insurer(s) and their handling of any claim. We encourage you to consult with your own insurance broker of choice should you wish to consider acquiring the protection of additional insurance coverage.

Collision and Comprehensive Insurance

In addition to the Third Party Liability Insurance, we provide the Collision and Comprehensive Insurance by self-insuring for certain losses arising from Vehicle Damage, including, without limitation, losses relating to the cost of repairing or replacing a Vehicle damaged in a traffic accident or in an act of vandalism. The Collision and Comprehensive Insurance does not cover losses for damage to any other vehicle or property and you will remain liable for any such damage in accordance with the terms of this Agreement and the applicable insurance policy, including the Third Party Liability Insurance. We may also obtain supplementary or alternative collision and comprehensive insurance policies from time to time from other BCAA Parties or insurers duly authorized to provide insurance in British Columbia. Copies of the terms of the current Collision and Comprehensive Insurance coverage are available upon request. We reserve the right to amend the terms and conditions of the Collision and Comprehensive Insurance, including the terms of our self-insurance underwriting and any policies provided by other insurers, at our sole discretion and without notice to you. You and your Emergency Drivers qualify as insured under the Collision and Comprehensive Insurance according to its terms and so long as your use of the Vehicle is in compliance with this Agreement and the terms of your permission from us to use the Vehicle.

You will be required to pay a Damage Fee of up to $1,000 for all claims accepted under the Collision and Comprehensive Insurance. The amount of the Damage Fee will be equal the total cost we incur repairing Vehicle Damage, inclusive of parts and labour, up to a maximum of $1,000. However, if the circumstances in which the Vehicle Damage occurs is in violation of this Agreement, we have sole discretion to charge you a Damage Fee in excess of the $1,000 maximum. For greater clarity, in the event the total cost of such repair work is $600, the Damage Fee will be $600. Moreover, in the event that Vehicle Damage is caused in circumstances that violate this Agreement and the total cost of repair work exceeds $1,000, we are entitled to charge you a Damage Fee that exceeds the $1,000 maximum. You are responsible for the payment of such Damage Fee as set forth under "At fault Accidents, Deductibles and Damage Fees" below.

We make no representation or warranty as to the adequacy of the terms of the Collision and Comprehensive Insurance. We do not act as your agent in obtaining the Collision and Comprehensive Insurance and we assume no responsibility for the actions of the insurer(s) and their handling of any claim. We encourage you to consult with your own insurance broker of choice should you wish to consider acquiring the protection of additional insurance coverage.

You are Responsible for Claims not Covered by our Motor Vehicle Insurance

You are also responsible and must indemnify us for any loss, liability, claims (including claims by other persons), damages, costs or expenses in connection with your use of a Vehicle that is not covered by the motor vehicle insurance for our Evo Car-Sharing Program or exceeds our insurance coverage for our Evo Car-Sharing Program.

We recommend that you seek other insurance protection for claims not covered by the insurance for our Evo Car-Sharing Program.

At Fault Accidents, Deductibles and Damage Fees

If a court, responsible government agency or our insurance provider determines that you or one of your Emergency Drivers is fully or partially at fault for an accident in connection with your use of a Vehicle your membership may be suspended or terminated at our discretion.

Further, you must indemnify us for any deductible or Damage Fee we have to pay or otherwise incur in relation to any claim processed using our Third Party Liability Insurance, Collision and Comprehensive Insurance, or other insurance providers in connection with any accident or claim in connection with the use of any Vehicle by you or your Emergency Drivers.

Limitations on Our Liability

In addition to any other limitation listed elsewhere in this Agreement, we will not be liable to you or any other person, to the maximum extent permitted by law, for:

• any indirect, consequential, incidental, special, aggravated, punitive or exemplary damages directly or indirectly arising from or in any way related to this Agreement, your Evo membership, the Evo Car-Sharing Program or any of its features, services or any other part of it (including Vehicles, reservations, your member account, the Evo website, the Evo app, and our Call Centre), including loss of profit or revenue, financial loss, loss of business opportunities, breach of privacy or security, property damage, personal injury, or any other foreseeable or unforeseeable loss, no matter how it was caused, even if we were negligent or were advised of the possibility of such damages;
• the performance, availability, reliability, operation, quality, or pricing of any part of the Evo Car-Sharing Program;
• the condition, safety or fitness for use of our Vehicles;
• any error or omission in the operation or management of any part of the Evo Car-Sharing Program;
• any lost, stolen, damaged, or expired identifiers, passwords, codes, benefits, Evo membership cards, discounts, rebates, credits or promotions; or
• the denial, restriction, suspension, disruption or inaccessibility of your Evo membership or your participation in any part of the Evo Car-Sharing Program.

When your Evo Membership may be Suspended or Terminated

We may Suspend or Terminate your Evo Membership at Any Time

We may immediately suspend or terminate this Agreement, your Evo membership, your participation in the Evo Car-Sharing Program or your ability to use any part of the program (including the rental or use of Vehicles) at any time in our sole discretion for any reason whatsoever, including in any of the following circumstances:

• if you do not comply with any of the terms of this Agreement;
• if you are charged with, or convicted of, a Major Traffic Violation;
• if you have six or more driver penalty point or similar driver demerit points at any time during your Evo membership;
• if, at any time during your Evo membership, you have received three or more Traffic Violations during the preceding two-year period;
• if you no longer have a valid Driver’s Licence;
• if you are found fully or partially at fault for an accident;
• if you do not inform us about an accident;
• if you do not inform us of any of the events described in the “Changes in Status” section above;
• if you no longer have an active email address or mobile phone number; and
• if we experience any problems with your credit card or any other payment method or if you do not pay any amount owed to us when due;
• if we have reason to believe (in our sole discretion) that you may be, or have been, involved in any criminal or otherwise improper activity, including, but not limited to, fraud in relation to the creation or use of Evo member accounts and using a Vehicle in furtherance of any illicit activity.

If we decide to terminate this Agreement and your Evo membership, we will send you a notification email to the email address you have provided to us.

You may also cancel this Agreement and your Evo Membership at any time. We require that you confirm your cancellation in writing.

What Happens When your Evo Membership is Suspended or Terminated

When your Evo membership, your access to the Evo Car-Sharing Program, or this Agreement is suspended or terminated, you will no longer be able to reserve or access any of our Vehicles. We will also de-activate other features or functions of your Evo membership card, the Evo App or your member account as we consider appropriate.

In case of a suspension, we may re-instate your Evo membership or your access to the Evo Car-Sharing Program as we consider appropriate or if we are satisfied that the reason for the suspension no longer exists. You will be responsible for obtaining and providing to us any information that we may consider necessary or useful to determine whether the reason for a suspension has disappeared. This may include providing us with an updated copy of your official driving record. We may also decide to terminate your Evo membership and this Agreement at any time.

Some of your Duties Continue after Suspension or Termination

Even if this Agreement and your Evo Membership have been suspended or terminated (regardless of the reason therefor), you must still pay for any amount you owe for fees and other charges, damages and indemnification under the terms of this Agreement.

How to Contact Us

Your feedback is important to us. If you have any questions or concerns about this Agreement or the Evo Car-Sharing Program, or if there are any errors that you wish to correct, please contact us by any of the following methods:

• calling us toll free at 1-844-EVO-2-EVO or 1-844-386-2386 (cell phone prices may vary according to your cell phone provider). The Call Centre is open 24 hours a day, 7 days a week;
• going online at www.evo.ca to access our Frequently Asked Questions and other information;
• sending us an e-mail at info@evo.ca;
• writing to us by mail at: 4567 Canada Way, Burnaby, BC, V5G 4T1

You can also log into your Evo member account at www.evo.ca to update or correct your personal, contact, payment or other account information.

Protecting Your Privacy

We will collect, use and disclose your personal information only in accordance with our Privacy Policy, attached to this Agreement and also available online below. Calls to our Call Centre may be recorded.

Evolve Program

Your Evo Membership may grant you access to the Evolve Program within certain regions, at our discretion from time to time and always subject to the terms and conditions of the Evolve Member Agreement (found here). By making use of any Evolve E-Bike under your Evo Membership, you expressly represent that you meet the eligibility criteria for the Evolve Program and agree to be bound by all of the terms and conditions of the Evolve Member Agreement, as we may amend from time to time, in our sole and absolute discretion.

Evo Return Program

Your Evo Membership also grants you access to the Evo Return Program, under which you may reserve a Vehicle for a set period of time to be picked up and returned to the same parking station in the Evo Return Zone, located in the City of Surrey, B.C.

Reservations and Charging

Reservations can be made up to 30 days in advance, for Reservation Periods up to 30 days in length. The Minimum Reservation Period under the Evo Return Program is one hour. Reservation Periods can also be extended, subject to Vehicle availability. Where Vehicles are not available for Reservation Period extension, Vehicles must be returned to the assigned Evo Return zone by the end of that Reservation Period, in order to ensure the Vehicle is available for the next Evo user who reserved the Vehicle. Returning a Vehicle under the Evo Return Program requires that you follow the same process for ending a Rental Period as outlined in this Agreement. Charges will apply for late Vehicle returns, in accordance with the Rate Schedule.

Cancelation and Ending Your Trip Early

You may cancel a previously booked Reservation Period without being charged, provided that cancelation occurs more than 6 hours in advance of the start of your Reservation Period. If you cancel within 6 hours of the start of your Reservation Period you can be charged up to 50% of the amount of all fees payable for that Reservation Period, at our discretion. If you end your Trip before the end of the Reservation Period, you will be similarly charged the amount of all fees payable for that Reservation Period.

Except as outlined above, Vehicle rentals under the Evo Return Program are subject to all of the terms and conditions of this Agreement.

General Matters

Interpreting and Enforcing this Agreement

This Agreement will be interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada without regard to the conflict of law rules that would require the application of different laws. In the event of a dispute between you and us, you agree that the courts in the Province of British Columbia shall be competent to hear such dispute and you agree to be bound by any judgment of these courts.

In the event of any contradiction between this Agreement and the other Documents, this Agreement will prevail.

Each provision of this Agreement must be interpreted in a way that is legally valid. If a court determines that any provision is invalid, the rest of the Agreement will remain in full effect.

You confirm that you have not relied on any advice, information, representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those expressly set out in this Agreement.

Evo Membership is not Transferable

Your Evo membership is personal and only for your benefit. It cannot be transferred to or shared with any other person and no other person may claim rights under this Agreement other than your successors. Moreover, you cannot transfer or assign any or all of your rights under this Agreement.

Assignment of our Rights

We may, at any time, sell, transfer or assign any or all of our rights or duties under this Agreement. If we do so, we can share information concerning your Evo membership with prospective purchasers, transferees or assignees. In any such case, we will ensure that they are bound to respect your privacy rights in the same way we are.

Glossary

BCAA Parties refers to us, the British Columbia Automobile Association, our other affiliates as well as our and their respective directors, officers, shareholders, employees, shareholder agents, suppliers, lessors, contractors, representatives, advisors, successors and assignees.

Call Centre refers to the Evo customer Call Centre, which can be reached by telephone at 1-844-EVO-2-EVO or 1-844-386-2386 or at www.evo.ca.

Collision and Comprehensive Insurance refers to insurance (including self-insurance by us) for damage to a Vehicle that arises out of the use or operation by the insured of a Vehicle and occurs in Canada.

Damage Fee refers to the fee in the amount of up to $1,000 that you must pay us to cover damage to a Vehicle, to be charged in accordance with the terms and subject to the conditions of the Collision and Comprehensive Insurance. This amount may be increased in our sole discretion if the Vehicle Damage is caused as a result of a violation of this Evo Member Agreement.

Documents refers to your registration form (if applicable), the Rate Schedule, the Privacy Policy, the Trip Process and Parking Rules and any other rules, guidelines, policies, or documentation that we may establish or amend from time to time relating to your Evo membership or the Evo Car-Sharing Program. All of these Documents are an integral part of this Agreement and binding on you.

Driver’s Licence refers to a Class 5 or Class 7 (“N”) B.C. driver’s licence or an equivalent driver’s licence from another jurisdiction that is not suspended, revoked, expired or surrendered and permits you to operate a vehicle in British Columbia and in any other jurisdiction in which you wish to use an Vehicle.

Emergency Driver refers to a person who is at least 18 years old, has a valid Driver’s Licence, is not under the influence of any intoxicating substance or otherwise incapable of safely operating the Vehicle; and operates the Vehicle under your personal supervision and instruction.

Evo Car-Sharing Program refers to the car-sharing program made available by us and operated by us or on our behalf from time to time under the “Evo” brand and includes any and all services, features and other parts of the program (including, without limitation, the Evo Return Program, Vehicles and equipment, reservations, your member account, the Evo website, the Evo app, and our Call Centre).

Evo Return Program refers to the car-sharing rental program operating in the Evo Return Zone, described more particularly under “Evo Return Program”.

Evo Return Zone refers to refers to the geographic area defined by us from time to time in the City of Surrey where you can start your Vehicle Rental and to which you must return the Vehicle at the end of your Rental Period under the Evo Return Program. A map of the current Home Zone 3 can be found online at www.evo.ca/faq.

Evo Cards refers to your Evo membership card, and the Key Fob of your rented Vehicle.

Evo Help Button refers to the button activating a Vehicle’s built-in intercom system, which lets you speak directly with our Call Centre. The Evo Help Button is usually located on the lower left side of the driver console, next to the driver door.

Fuel Process Card refers to the card located in the glove compartment of a Vehicle which contains details regarding the process for refueling the Vehicle if it requires additional fuel during a trip.

Home Zone refers to (1) Home Zone 1 if you start your Vehicle Rental in Home Zone 1, (2) Home Zone 2 if you start your Vehicle Rental in Home Zone 2, and (3) the Evo Return Zone if you start your Vehicle Rental in the Evo Return Zone.

Home Zone refers to Home Zone 1, Home Zone 2 or the Evo Return Zone, as applicable.

Home Zone 1 refers to the geographic area defined by us from time to time in Metro Vancouver where you can start your Vehicle Rental and to which you must return the Vehicle at the end of your Rental Period. A map of the current Home Zone 1 can be found online at www.evo.ca/faq.

Home Zone 2 refers to the geographic area defined by us from time to time in Victoria where you can start your Vehicle Rental and to which you must return the Vehicle at the end of your Rental Period. A map of the current Home Zone 2 can be found online at www.evo.ca/faq.

Key Fob refers to a Vehicle’s unique set of key fob and roof rack keys, which are all attached to the Vehicle’s key card. The Key Fob is kept in a key card holder in the Vehicle’s glove compartment and can be used lock and unlock the Vehicle and its roof rack.

Major Traffic Violation refers to a driving related offence under the Criminal Code of Canada, the laws of British Columbia or the laws of any other jurisdiction that may be punishable by imprisonment.

Privacy Policy refers to our privacy policy, as amended from time to time. A current copy of our Privacy Policy can be found in Schedule B to this Agreement and is also available online at www.evo.ca.

Rate Schedule refers to our schedule of rates, fees, service fees, prices, and other charges in respect of your Evo membership and the Evo Car-Sharing Program, as amended from time to time. Our Rate Schedule can be found online at www.evo.ca/rates.

Rental Period refers to the period starting the moment you first unlock a Vehicle, either by holding your Evo membership card to the Vehicle’s RFID reader or by using the Evo app, and ends when you have properly returned the Vehicle to the applicable Home Zone and automatically or manually ended the trip as set forth under "Ending your Trip and Returning your Vehicle".

Reservation Period refers to a set period of time a Vehicle is reserved for the use of a particular member under the Evo Return Program.

Third Party Liability Insurance refers to insurance in the amount required by law in British Columbia, and such additional insurance as we may provide, for liability imposed on the insured by law for injury or death of another or loss or damage to property of another that arises out of the use or operation by the insured of a Vehicle and occurs in Canada.

Traffic Violation refers to a contravention of the Motor Vehicle Act (British Columbia), its regulations or any other traffic laws in British Columbia or any other jurisdiction.

Trip Process and Parking Rules refers to rules, procedures and restrictions in operating and parking a Vehicle during your Rental Period. A current copy of the Trip Process and Parking Rules can be found in Schedule B to this Agreement and is also available online at www.evo.ca.

Vehicle refers to a motor vehicle made available by us to Evo members as part of our Evo Car-Sharing Program and includes any equipment in the vehicle.

Vehicle Damage refers to any defects, damage, or soiling of a Vehicle and any missing, incomplete, defective or inoperative, equipment or documentation (such as the Vehicle’s roof rack, Key Fob, Fuel Process Card, insurance papers and the copy of the Vehicle Manual).

Vehicle Manual refers, collectively, to the operating manuals for our Vehicles, as amended from time to time. The Vehicle Manual includes the owner’s manual provided by the manufacturer and other instructions describing how to handle a Vehicle and use its features (including roof racks). Current copy of Vehicle Manuals are available online at www.evo.ca and in each of our Vehicles.

Schedule C

Trip Process and Parking Rules

PARKING Policies and Procedures

Certain general parking rules are set forth below, but please refer to the parking-related FAQs at https://evo.ca/FAQ#parking (the "Parking FAQs"), which are incorporated into and form a part of this Agreement, for further information and details. The list of parking rules set forth in this Schedule C is not exhaustive and there are additional rules included in the Parking FAQs that are not set forth herein. In the event of a conflict between the Parking FAQs and this Schedule C, the Parking FAQs shall govern.

Where can I park when ending my trip?

Under the Evo Return Program, you can only end your trip by parking the Vehicle in the designated Evo parking spot that you initially started your trip up from. Outside of the Evo Return Program, you can only end your trip within the applicable Home Zone and by parking in one of the following authorized locations:

• Residential neighborhoods – signed as “No Parking Except with Permit” or Resident Parking Only”, or any legal parking space where no signage exists
• Evo Reserved Parking Spots – Designated on-street and parking lot locations.  Check out the app for all locations
• Overflow Lot Parking – Several designated parking lots have overflow allowances.  In these locations, once Evo reserved parking is full, you can follow signs to park in the overflow area
• Two-Hour Parking (without stopping restrictions) – You are permitted to end your trip in a parking space that is signed as "2 HR Parking", provided that there are no restrictions on stopping a vehicle in such parking spot at any time. If a parking space has a sign indicating "2 HR Parking", but the parking space is also subject to periodic restrictions on stopping a vehicle, you may NOT end your trip by parking at that location, regardless of whether or not you are ending your trip during a time when stopping in such location is not permitted.
• Home Zone 2 (Victoria) Time-restricted parking (without stopping restrictions) – You are permitted to end your trip in a parking space that is signed as "90 Min Parking", "2 HR Parking", "3 HR Parking" or "4 HR Parking" provided that there are no restrictions on stopping a vehicle in such parking spot at any time. If a parking space has a sign indicating "90 Min Parking", "2 HR Parking", "3 HR Parking" or "4 HR Parking", but the parking space is also subject to periodic restrictions on stopping a vehicle, you may NOT end your trip by parking at that location, regardless of whether or not you are ending your trip during a time when stopping in such location is not permitted.
• On-street Metered Parking (without stopping restrictions) – You are permitted to end your trip at any City of Vancouver meter that does not have stopping restrictions or is not "20 minute allowed only". Parking at any metered spaces outside the city of Vancouver Home-Zone (North Vancouver & New Westminster) is not permitted.

Failure to end your trip in as above could result in additional fees and/or fines due to towing and ticketing. For a list of associated fees due to unauthorized parking, please see the Rate Schedule.

Where can I park when making a stopover?

• For free in any of the parking locations mentioned above (remember you are still responsible to pay your Evo rental fees during the stopover)
• Any legal parking spot, inside or outside the applicable Home Zone. *Note, if you park in a paid parking location you will be responsible for parking fees.

Where can I NOT park?

• Time restricted areas and commuter lanes
• Commercial lanes
• Loading zones
• Disabled driver’s parking spots
• Private parking/property – unless reserved for Evo
• Valet/taxi/bus zones
• Back alleys unless there is signage designating them as permit only
• Any location with a temporary no stopping sign
• Any reserved spot, that is not reserved for Evo
• Any CAR CO-OP spots

What If I’m not sure where to Park

• It’s better to be safe than sorry, so feel free to give us a call to clarify if you need to
• Check out our How it works videos on parking
• Follow all instructions on the Parking FAQs

For additional information on trip process, please see the FAQ and How It Works videos.

OSS Licences

THE FOLLOWING SETS FORTH ATTRIBUTION NOTICES FOR THIRD PARTY SOFTWARE THAT MAY BE CONTAINED IN PORTIONS OF THE EVO APP PRODUCT.

Click here to download the OSS Licences