Jump Spark

Jump Spark Fleet Management LLC
Referral Services Release and Waiver

Please read the Referral Services Release and Waiver carefully.

By clicking to “accept” or “agree” to this Referral Services Release and Waiver (this “Release”) with Jump Spark Fleet Management LLC, an Arizona limited liability company (the “Company”), you agree to be bound by this Release. In consideration for the Company referring you to its fleet service providers and programs, you agree:
  1. REFERRALS & ASSUMPTION OF RISK. The Company is the lead origination provider for referral services (the “Referral Services”) with certain third parties (including, but not limited to, The Shyft Group USA, Inc., a South Dakota corporation, dba Utilimaster and Doering Leasing Co., a Wisconsin corporation) (the “Third-Party Providers”). The ThirdParty Providers compensate the Company for Referral Services. The Company does not provide services to you other than the Referral Services. The Third-Party Providers perform all fleet upfitting, leasing and related fleet management services (the “Fleet Services”). The Company does not make any representations as to the suitability, condition or safety of the Fleet Services. YOU VOLUNTARILY AND FREELY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, FINANCIAL LOSS, ILLNESS OR PERSONAL OR PSYCHOLOGICAL INJURY, INCLUDING DEATH, PAIN, SUFFERING, OR TEMPORARY OR PERMANENT DISABILITY, AS A RESULT OF THE REFERRAL SERVICES AND/OR THE FLEET SERVICES. 
  1. LIABILITY RELEASE, INDEMNIFICATION AND COVENANT NOT TO SUE. You, for yourself and on behalf of your heirs, assigns, personal representatives, executors, administrators and next of kin, FULLY AND FOREVER RELEASE AND DISCHARGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS the Company and its respective parent, subsidiaries, affiliates and related entities and their respective officers, directors, officials, shareholders, members, managers, agents, employees, contractors, volunteers, representatives, sponsoring agencies, sponsors and advertisers (collectively, the “Releasees”), FROM AND AGAINST ANY AND ALL INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSON OR PROPERTY, AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, PROCEEDINGS, SUITS, COSTS, LIABILITIES, DAMAGES AND EXPENSES (INCLUDING WITHOUT LIMITATION ALL DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSSES OF ANY KIND AND ATTORNEYS’ FEES) (COLLECTIVELY, THE “CLAIMS”), HOWEVER CAUSED, THAT ARISE OUT OF, ARE BASED UPON, RESULT FROM OR ARE IN CONNECTION WITH THE REFERRAL SERVICES AND/OR THE FLEET SERVICES, INCLUDING WITHOUT LIMITATION, CLAIMS THAT ARISE OUT OF YOUR WILLFUL MISCONDUCT OR NEGLIGENT ACTS OR OMISSIONS OR THE WILLFUL MISCONDUCT OR NEGLIGENT ACTS OR OMISSIONS OF ANY OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO COMMON LAW, WHETHER IN LAW OR EQUITY, OR FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE OR RULE OF LAW. Without limiting the foregoing, YOU AGREE NOT TO INITIATE OR PROSECUTE (OR AID ANY PARTY IN PROSECUTING) OR CONTINUE TO ASSERT OR MAINTAIN A CLAIM OF ANY KIND WHATSOEVER AGAINST ANY OF THE RELEASEES WITH RESPECT TO THE MATTERS RELEASED OR WAIVED HEREUNDER, AND WAIVE YOUR RIGHT TO DO SO.  You agree to reimburse the Releasees if anyone makes a Claim against them based on injuries, losses or damages you may suffer.  
  1. INSURANCE AND WAIVER OF SUBROGATION. You agree to waive your insurers’ right to make a claim against the Releasees based on insurers’ payments or on your behalf. Your insurers have no right of subrogation.

  2. AGREEMENT TO BINDING ARBITRATION OF DISPUTES. In exchange for the promises in this Release, you agree that:
(i) All Disputes between you and the Company will be resolved exclusively by binding arbitration under this Section 4. “Dispute” means any claim, lawsuit, demand, complaint, grievance, controversy, loss, suit, appeal, action or cause of action, which relates to or arises out of this Release, the Referral Services or the Fleet Services.

(ii) Any arbitration shall be governed by the Federal Arbitration Act (“FAA”) to the exclusion of any state law inconsistent with the FAA. The arbitration shall be administered by the American Arbitration Association (“AAA”) and held in Phoenix, Arizona before a single arbitrator, under the AAA Commercial Arbitration Rules or the AAA Consumer Arbitration Rules in effect when the arbitration is commenced (the “AAA Rules”). A copy of the current version of the AAA Rules is available online at https://www.adr.org/Rules. You acknowledge that you may call the AAA at 1-800-778-7879 if you have questions about the arbitration process. The AAA Optional Rules for Emergency Measures of Protection are incorporated by the parties. Notwithstanding anything herein, you may, and/or any party may, seek interim emergency relief, including a preliminary injunction or temporary restraining order, from a court, and such action shall not operate as a waiver of the right to arbitration.

(iii) The arbitrator shall issue a reasoned written opinion stating the essential findings on which the arbitrator’s award is based.

(iv) By entering into this Release, you and the Company are waiving all rights to have the Disputes heard or decided by a jury or in a court trial and the right to pursue any class or representative claims against each other in court, arbitration or any other proceeding. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between you and the Company to the fullest extent allowable by applicable laws, ordinances, statutes, rules and regulations (“Applicable Law”). The arbitrator, and not any court, shall have exclusive authority to resolve any Dispute relating to the enforceability or formation of this Release and the arbitrability of any Dispute between you and the Company to the fullest extent allowed by Applicable Law, except for any Dispute relating to the enforceability or scope of the class and collective action waiver or the applicability of Chapter 4 of the FAA, which shall be determined by a court of competent jurisdiction.

(v) Discovery in any arbitration proceeding shall be conducted according to the AAA Rules. To the extent not provided for in the AAA Rules, the arbitrator has the power to order discovery on a showing that discovery is necessary for a party to the arbitration to have a fair opportunity to present a claim or defense.

(vi) Notwithstanding any language to the contrary in this Release, you and the Company agree: that the underlying award may be appealed under the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the underlying award rendered by the arbitrator shall, at a minimum, be a reasoned award; and that the underlying award shall not be considered final until after the time for filing the notice of appeal under the Appellate Rules expires. Appeals must be initiated within thirty (30) days of receipt of an underlying award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction. By clicking to “accept” or “agree” to this Release, you acknowledge that you have read and agree to the above arbitration provisions, including the class and collective action waiver. By executing this Release, you represent that you have been given the opportunity to review this Release including the agreement to arbitrate in it. You understand this Release and freely and voluntarily agree to this Release. YOU FULLY UNDERSTAND AND AGREE THAT YOU ARE GIVING UP CERTAIN RIGHTS OTHERWISE AFFORDED TO YOU BY CIVIL COURT ACTIONS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO A JURY OR COURT TRIAL AND THE RIGHT TO BRING ANY CLAIM AS A CLASS OR COLLECTIVE ACTION TO THE FULLEST EXTENT ENFORCEABLE UNDER FEDERAL LAW.
  1. NO WAIVER. Neither the Company’s nor any Company representative’s failure or delay in exercising any right, power or privilege under this Release shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege.

  2. SEVERABILITY.This Release is binding upon and enforceable against you, your personal representatives, successors and assigns, without limitation. You agree that it is your intent that the words, terms, provisions, covenants and remedies in this Release are enforceable as permitted by Applicable Law. If a portion of this Release is held invalid and/or contrary to public policy, the remainder shall not be affected and will continue in full legal force, which includes modifying the Release for remaining claims to be waived, released and indemnified against.

  3. TERM. This Release shall continue forever from the date you agreed to this Release.

  4. ENTIRE AGREEMENT. This Release constitutes the entire agreement between you and the Company and supersedes any previous or contemporaneous discussions or agreements between you and the Company regarding these matters.

  5. GOVERNING LAW. Matters arising out of or related to this Release are governed by and construed under the internal laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule.

  6. CONSTRUCTION AND RELEASE. This Release shall be construed and interpreted broadly under Applicable Law. You agree this Release is not intended to be a general release subject to limitations and conditions that would otherwise apply under Applicable Law, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO YOU UNDER APPLICABLE LAW.
BY CLICKING TO “ACCEPT” OR “AGREE” TO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE, YOU FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.