MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT (this “Agreement”) is made and entered into by and between: _______________________, of legal age, Filipino, single and residing at __________________________________________________________ herein referred to as the OWNER; - and _______________________, of legal age, Filipino, married and residing at __________________________________________________________, hereinafter referred to as the CONTRACTOR; WITNESSETH; That WHEREAS, the OWNER and CONTRACTOR desire to enter into this Agreement by which OWNER will make available to CONTRACTOR a vehicle for use in carrying out this Agreement in accordance with the terms and conditions hereinafter specified. NOW, THEREFORE, in view of the foregoing premises and in consideration of the covenants hereinafter set forth, the OWNER and CONTRACTOR hereto have agreed as follows: 1. VEHICLE IDENTIFICATION The OWNER will provide the CONTRACTOR with a VEHICLE particularly described as follows:
MODEL CONDUCTION NO. ENGINE NO. FRAME NO.
: : : :
2016 HYUNDAI ACCENT 1.6 M/T (DSL)
2. D URATION OF AGREEMENT AND GARAGE 2.1 The dates for use of the VEHICLE will be from 02 January 2017 to 04 February 2017. 2.2 The VEHICLE shall be collected from the OWNER’s place of residence daily at 05:00hrs except on Thursdays and Sundays. 2.3 The VEHICLE shall be returned to the OWNER’s place of residence daily before 23:59hrs except on Thursdays and Sundays. 3. RESPONSIBILITIES OF CONTRACTOR The CONTRACTOR shall: 3.1 Operate the VEHICLE for passenger transport specified by the Uber mobile application (“Uber”) only. 3.2 Accept trips presented by Uber to and from locations within Metro Manila only. 3.3 Drive the VEHICLE in properly constructed road surfaces in good condition or on leveledoff road surfaces only.
3.4 Ensure the VEHICLE is not ridden by any passenger not specified by Uber and not driven by any person other than those specified, without the permission of the OWNER. 3.5 Agree to adhere to the OWNER’s policies, rules, and practices. These may include but are not limited cleaning and maintenance of car, scheduling leaves of absence, and transport of OWNER’s family relatives. 3.6 Comply with all applicable laws relating to holding of licensure to operate the vehicle, and pertaining to operation of motor vehicles. 4. PAYMENT BY CONTRACTOR 4.1 Payment in the amount of FIFTY PERCENT (50%) of all the CONTRACTOR’s net earnings indicated by Uber shall be paid to the OWNER every Saturday. 4.2 Additionally, the CONTRACTOR agrees to pay FIFTY PERCENT (50%) of all expenses relating to the operation of the VEHICLE including but not limited to fuel, oil change and labor, and other maintenance costs. 5. COMPENSATION IN CASE OF LOSS OR DAMAGE The CONTRACTOR receives the Vehicle in an undamaged state and shall compensate the OWNER for any loss of, or damage to, the VEHICLE caused by or due to any willful act or fault or negligence of the CONTRACTOR, its representative, personnel, agent, or any person acting in its behalf, or any loss or damage resulting from or due to violation by the CONTRACTOR of any term of this Agreement. 6. LIABILITY 6.1 The OWNER and CONTRACTOR hereby understand and agree that their relationship is that of an independent contractor and not that of a partner, agent, employee or employer. 6.2 The CONTRACTOR releases, discharges, and agrees to defend, protect, indemnify and hold the OWNER or its partners, sponsors, and relatives harmless from any and all expenses, damages, claims, suits, losses, actions, costs, liabilities or claims for injury, illness, death or loss of or damage to property, which may incur with the use of aforementioned VEHICLE. 7. ENTIRE AGREEMENT This Agreement constitutes the entire and only understanding between OWNER and CONTRACTOR and supersedes any and all prior agreements, arrangements, communications, or representations, whether verbal or written. No alteration, amendment, change, modification, or waiver to this Agreement shall be valid or binding unless the same is in writing and signed by the duly authorized representatives of the parties hereto.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR herein affixed their signatures on this ____ day of _____________ 2017
_____________________ OWNER
______________________ CONTRACTOR
Signed in the presence of: _____________________________
______________________________
ACKNOWLEDGEMENT Republic of the Philippines CITY OF _________________________ S.S. BEFORE ME, a Notary Public, for and in the city name above, personally appeared: Affiant
Type of ID
ID Number and Expiry Date (if applicable)
DRIVER’S ID DRIVER’S ID Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL, on the date and place first above written. Doc. No.______; Page No. ______; Book No.______; Series of 2017 NOTARY PUBLIC
