Cruise Early Rider Program Agreement
This document is for reference only, not for execution. If you are a Cruise employee, please refer to the Employee Early Rider Program Terms.
Welcome to Cruise.
Welcome to an all-electric, autonomous vehicle experience. By riding with us, you’re helping transform transportation and contributing to a clean and accessible world.
You can learn more about Cruise LLC (“Cruise”) and our offerings at our getcruise.com website and through our mobile application (the “Cruise Mobile App”). This Agreement, the Cruise Mobile App, our websites, and all other content, materials, or functions included in them are referred to collectively as the “Cruise System”. As part of our Early Rider Program (the “Program”), you can use the Cruise System to register an account for your use of our autonomous vehicles (the “AV” or “AVs”) .
By accepting this Cruise Early Rider Program Agreement (the “Agreement”), you agree to be bound by its terms. If you do not accept and agree to be bound by this Agreement, you may not access or participate in the Program.
Please remember, you must wear your seatbelt when riding in one of our AVs. Failure to do so could result in your exclusion from the Program.
Please read this Agreement carefully, as it constitutes a legally-binding contract between you and Cruise.
INFORMED CONSENT, ASSUMPTION OF RISK, AND WAIVER OF LIABILITY
I hereby acknowledge that I have voluntarily elected to participate in the Cruise Early Rider Program (“Program”) for autonomous vehicles. In consideration for being permitted to participate in the Program, I hereby acknowledge and agree to the following:
User Account: I agree to set up a Cruise user account (“Account”) by following the instructions provided by Cruise. I will not use another user’s Account to access the Program, nor will I create an Account if I am not yet 18 years old. I will not allow anyone else to use my Account. I understand I will be asked to provide some personal information, including a phone number and email address, and I will ensure that the information provided to Cruise is accurate, complete, and up-to-date.
Autonomous Vehicle Ride: I acknowledge and consent to riding in an autonomous vehicle (“AV”) on public roads in San Francisco with no one, or up to one vehicle operator, in the AV. I understand that the AV will be operating without a driver present. I understand that I may ask a Cruise vehicle operator, if present, or a remote agent to end my ride at any time and they will stop and allow me to exit the AV when it is safe to do so. I acknowledge that I am responsible for beginning and ending my AV ride in accordance with the instructions provided via the Cruise System. I understand that the AV may not operate if I do not fasten my seat belt. Furthermore my ride may be terminated early if I engage in any dangerous behavior, such as unfastening my seatbelt, during operation of the AV. I understand there are inherent risks involved in my participation, including emotional distress, injury, and death. Cruise makes no guarantee as to the quality or availability of rides. I understand that the AVs are test vehicles with modifications to allow for autonomous driving, that some of these modifications affect vehicle dynamics and systems, and that the AVs will perform and respond to events, including collisions, differently than a non-modified vehicle. I understand that if the AV cannot reach its destination, I might be responsible for my own alternate transportation.
Program Duration: I understand that the Program has a limited duration, and is offered at Cruise’s discretion. This Agreement governing my participation in the Program shall remain in effect for the duration of the Program. Cruise may choose to suspend or terminate the Program at any time.
Confidentiality: I understand that during my participation in the Program, I may have access to Cruise proprietary information, trade secrets, and other Cruise intellectual property, including information about Cruise autonomous vehicle technology and about Cruise autonomous vehicles (“Confidential Information”). I understand and acknowledge that Confidential Information consists of information and materials that are valuable and not generally known by Cruise's competitors or otherwise, including any and all information concerning Cruise's current, future or proposed products, features, capabilities, or any information about Cruise that is not already in the public domain. I will hold in the strictest confidence any Confidential Information that is disclosed to me or that I see or hear, and I agree to maintain the confidentiality of the information obtained or learned from my participation in the Program even after my participation has ended. I will follow Cruise’s guidance and instructions when taking any photos, videos, or audio recordings inside Cruise vehicles. I will not disclose or otherwise communicate, beyond what Cruise specifically permits, about my participation in the Program with anyone outside of Cruise, including, but not limited to, describing vehicle equipment, vehicle displays, ride quality. For the avoidance of doubt, the terms and conditions of this Agreement and the relationship between myself and Cruise is to be kept confidential. I will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Confidential Information. I acknowledge and agree that due to the unique nature of the Confidential Information, any breach of this Agreement would cause irreparable harm to Cruise for which damages are not an adequate remedy, and that Cruise shall therefore be entitled to equitable relief in addition to all other remedies available at law.
Elective participation, feedback, and eligibility: I acknowledge that my participation is elective. I agree that I will provide feedback (“Feedback”) to Cruise regarding the Program, either on my own or in the form and manner directed by Cruise. I agree that Cruise may use my Feedback without any restriction or obligation to compensate me or to keep the Feedback confidential. I represent and warrant that any Feedback I submit (and that Cruise may use) is not proprietary or subject to the rights of any third party (including contractual, intellectual property, or privacy rights). I understand and agree the Feedback I provide will automatically become the property of Cruise. I certify that I am of legal age to represent myself, am physically fit, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in the Program.
COVID-19 Safety Protocols: I acknowledge that I must wear a face covering and that I may only participate in the Program as a fully vaccinated rider. By accepting this Agreement, I affirm that I am fully vaccinated against COVID-19, meaning, as of the date of this Agreement, at least 14 days have passed after my last dose of a two-dose vaccine series or my first dose of a one-dose vaccine series. I understand that Cruise personnel may request to verify my proof of vaccination at any time during my participation in the Program.
Rules and Requirements: I agree to conduct myself in accordance with Cruise’ rules, instructions, policies and procedures, as well as any applicable laws and regulations. I grant Cruise the right to terminate my participation in the Program at its discretion. Furthermore, I have read and I understand and agree to the rules of the Program:
My participation in the Program is not transferable to other people.
I will not bring pets with me.
I will not bring guests with me unless they have been expressly and specifically authorized by Cruise to accompany me.
I will limit personal items I bring into the AV as space is limited.
No food, beverages, open containers of alcohol, smoking, vaping, illegal drugs, firearms, weapons of any kind or dangerous materials are allowed in the vehicles at any time.
I will wear my seatbelt at all times while the AV is in motion.
I will enter and exit the AV promptly. I will exercise caution when entering and exiting the AV to avoid creating a hazard for cyclists and other road users.
I will only use the end-ride early button when I truly intend to exit the AV before the intended destination.
I will not tamper with or modify any aspect of the AVs (including any equipment or stickers installed on the AV), or access or use any controls or functionality of the AV not expressly labeled for passenger use.
I will treat Cruise personnel with respect at all times.
I will avoid taking unnecessary calls on my mobile phone while in the AV when vehicle operators are present.
I will refrain from distracting any Cruise agents or operators from their duties.
If requested or approached, I will cooperate with law enforcement, first responders, and other emergency workers.
I will use my best judgment when riding in the AVs - I will not engage in any activity that may lead to injury to myself or others.
A violation of these rules or behavior in an AV that is inappropriate or reflects poorly on Cruise's reputation could result in the immediate termination of my AV ride and/or my exclusion from the Program.
Law Enforcement: I understand I may encounter law enforcement while in the AV. I acknowledge and agree that Cruise will not act as an intermediary between law enforcement and me.
Personal Property: I am responsible for safely securing all personal property during my AV ride, and I agree that Cruise will not be liable for any damage resulting from my failure to secure personal property. Cruise will not be responsible for any lost, stolen or damaged personal property left in the AVs.
Informed consent: I have been informed of and I understand the various aspects of the Program, including that (a) the vehicles, their sensors, and the software that drives the vehicles are in a testing stage and that there are inherent risks to participating in demonstrations of such technology, (b) during the AV ride(s) I may experience jerkiness, delays, odd acceleration and deceleration, and behaviors on the road that are different than I would expect if riding in a vehicle driven by a person. I understand the AV and/or the Cruise System could become inoperable or inaccessible for a period of time with little to no advance notice. Additionally, in some circumstances, the AV may be manually operated by a trained driver. I understand that as a participant in the Program I could sustain serious personal injuries, illness, property damage, or even death as a consequence of not only Cruise’s actions, inactions or negligence, but also the actions, inactions or negligence of others, conditions of equipment used, and that there may be other risks not known to me or not reasonably foreseeable at this time. I further understand and agree that any injury, illness, property damage, disability, or death that I may sustain by any means is my sole responsibility.
Release and Waiver of Liability: I WAIVE, RELEASE, DISCHARGE, and COVENANT NOT TO SUE Cruise and its present or former officers, directors, partners, agents, attorneys, shareholders, beneficiaries, trustees, employees, affiliates, personal representatives, contractors, insurance carriers, subsidiaries, affiliates and predecessors and successors in interest, including General Motors Company and its subsidiaries and other affiliates, officers, directors, partners, agents, attorneys, shareholders, beneficiaries, trustees, employees, insurance carriers, and successors in interest (the “Released Parties”) from and for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage or death that I may suffer as a result of my participation in the Program, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE and regardless of whether such liability arises in tort, contract, or otherwise. I acknowledge that this Agreement is a legally binding contract which is intended to provide a comprehensive release of liability, but is not intended to waive claims that may not be waived under applicable law, or assert any claims or defenses which are prohibited by law.
Assumption of Risk: I assume full responsibility for my participation in the Program, and I HEREBY ASSUME ALL OF THE RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN THIS PROGRAM, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Released Parties, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
Indemnity: I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and indemnify the Released Parties from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage or death that I may suffer as a result of my participation in the Program.
Consent to Receive Medical Treatment: If I am incapable of providing or declining to provide my consent, I hereby consent in advance to receive medical treatment, as deemed advisable in the event of injury, accident, and/or illness during this Program.
OnStar Emergency Services: I understand Cruise has contracted with General Motors Company, OnStar, LLC (“OnStar”) to provide emergency response services. During use of these emergency response services, including when a call is engaged, I agree that Cruise may send, or I may provide directly, my personal information to OnStar.
Text Messaging and Telephone Calls: I may be able to link phone numbers to my Service account. I acknowledge and give express written consent that Cruise, or those acting on its behalf, may text or call me using a manual or automated telephone dialing system, or send push notifications to my mobile phone which may be generated at any time, and that I will be responsible for any corresponding data or message charges to my plan. I understand that I am not required to provide this consent as a condition of using the Service, and that I may opt-out of receiving text messages from Cruise at any time. I represent and warrant that I am the owner of all such phone numbers, have legal authority to provide this consent with regard to the phone numbers, and reside in the United States.
Footage Release: I agree that any photographs, video footage, live-streams, or audio recording (“footage”) Cruise takes of me in connection with the Program is owned by Cruise and may be used, edited and distributed by Cruise at its sole discretion, in all manner and all media, now known or hereinafter devised, worldwide, in perpetuity. Cruise may convey the footage and related materials it has created from my image, likeness, voice, or appearance along with my name to any production or outreach partner, distributor, licensee or other organization with which Cruise partners or collaborates (“agents”). I authorize Cruise and its agents to use the footage, my likeness, voice, and name for any and all purposes, including marketing, commercial or advertising purposes, in any form of media, without any compensation or consideration to me. I hereby release Cruise from any legal action that I might have against it, including any claim for defamation or any other violation resulting from Cruise’s recording(s) of my image, likeness, voice, or appearance.
Limited License: By virtue of this Agreement I will receive a limited license to use the Cruise System in the manner authorized by the Agreement. The license will allow me to install a copy of the Cruise mobile app on a personal device that I own and control for my own non-commercial use other than those expressly authorized in this Agreement. This limited license cannot be transferred or sublicensed. It is non-exclusive and it is fully revocable by Cruise. Failure to comply with any terms or conditions of this Agreement may result in the license and all related rights of access being terminated.
Unknown and unanticipated claims: I acknowledge that there is a risk that after the execution of this agreement, I may discover, incur or suffer claims that were unknown or unanticipated at the time of execution, and which if known on the date of execution and delivery hereof may have materially affected my decision to execute this Agreement. I further acknowledge and agree that by reason of the releases contained herein I am assuming the risk of such unknown claims and agree that this Agreement applies thereto. In connection therewith, I expressly waive and relinquish any and all provisions, rights and benefits conferred by Section 1542 of the California Civil Code, which section reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Choice of Law / Severability: I hereby agree that this Agreement shall be construed in accordance with the law of the State of California and that this Agreement is intended to be as broad and inclusive as permitted by such law. I further agree that if any portion hereof if held invalid, the balance shall, notwithstanding, continue in full force and effect.
I CERTIFY THAT I AM OVER THE AGE OF 18, AND I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AN AGREEMENT TO INDEMNIFY THE RELEASED PARTIES, AND CONFIDENTIALITY OBLIGATIONS. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING THIS AGREEMENT, I AM AWARE THAT THIS IS A LEGALLY BINDING AGREEMENT AND I CONSENT TO IT FREELY AND VOLUNTARILY.