# New US Uber Partner Agreement - Dec 11, 2015 (Arbitration)



## grams777 (Jun 13, 2014)

Received: December 11, 2015,

Beginning today, the next time you log onto the Uber app, you will receive a pop-up notification about a new driver-partner agreement. You will be prompted to accept the new agreement before you can continue to go online and begin accepting trips. However, you have the option to opt-out of certain provisions after accepting the agreement, as explained further in the agreement itself. This agreement governs your relationship with Rasier, so it is important that you read it.

This agreement has an updated arbitration provision, among other changes and updates.

We have provided a link to a copy of the agreement below for you to view.

Best,
Uber Operations

*Partnership Agreement*

https://www.dropbox.com/s/quqbcusiidpand5/RASIER%20Technology%20Services%20Agreement%20December%2010%202015.pdf?dl=0

https://drive.google.com/file/d/0B0dzkUzN1_G1SC1GSnZmTW4xWUE/view


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## grams777 (Jun 13, 2014)

_*Edited to add some shortcuts to posts in the thread*:_

*How to Opt Out*:

*sending, within 30 days of the date this Agreement is executed by you, electronic mail to [email protected] stating your name and intent to opt out of the Arbitration Provision*​https://uberpeople.net/threads/new-...nt-dec-11-2015-arbitration.49124/#post-655749
https://uberpeople.net/threads/new-...nt-dec-11-2015-arbitration.49124/#post-655864

Summarizing the *legal reasoning* behind this:
https://uberpeople.net/threads/new-...-11-2015-arbitration.49124/page-7#post-656512
https://uberpeople.net/threads/new-...-11-2015-arbitration.49124/page-7#post-656526

Some points about *vehicle requirements and insurance:*
https://uberpeople.net/threads/new-...-11-2015-arbitration.49124/page-2#post-656000

Discussion about the *10 minute wait time*:
https://uberpeople.net/threads/new-...-11-2015-arbitration.49124/page-6#post-656484

----

I assume this is in response to the latest lawsuit rulings about the arbitration provision.

In any case, it seems everyone now has 30 days after accepting it to opt out.


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## PTB (Feb 3, 2015)

so the wording may have changed regarding the Arbitration agreement.
to better comply with any rulings the Judge decided that the previous agreement
was Unenforceable?


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## grams777 (Jun 13, 2014)

PTB said:


> so the wording may have changed regarding the Arbitration agreement.
> to better comply with any rulings the Judge decided that the previous agreement
> was Unenforceable?


Obviously something in the wording needed to be changed to tighten up this escape hatch. The fact that Uber fought it so hard and wants it changed this quickly probably means it's in the drivers best interest to opt out of it.

The easiest way seem to be method 1, by doing the following after agreeing to the new terms:

*sending, within 30 days of the date this Agreement is executed by you, electronic mail to [email protected] stating your name and intent to opt out of the Arbitration Provision*​
I would at least copy yourself on the email and print out the original and copy you sent yourself (with email headers on the copy if possible) for your records to show that it was sent.


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## PTB (Feb 3, 2015)

so Uber will provide this updated Arbitration agreement as part of their Appeals process to the Judges ruling??
and be able to ascertain the number of Drivers in California who could benefit from the outcome of the upcoming case on June 20, 2016

160,000 California drivers need to make a decision here.

I am sure Shannon Liss-Riordan (counsel for plaintiffs) would also like to have a head-count on who opted-out.


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## DexNex (Apr 18, 2015)

Got it here in Seattle too.


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## Garey (Oct 21, 2015)

Sigh


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## PTB (Feb 3, 2015)

Chisox1125 said:


> You don't like it quit. Case in point, shut up and drive.


you obviously didn't read it !

to quote the agreement, it states---
"You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision. "


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## Garey (Oct 21, 2015)

So what we doing? Opting or out


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## grams777 (Jun 13, 2014)

Garey said:


> So what we doing? Opting or out


I'm opting out. To me, it seems better to have full recourse and process of law.


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## Fuzzyelvis (Dec 7, 2014)

DexNex said:


> Got it here in Seattle too.


And Houston.


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## Chisox1125 (Jun 30, 2015)

PTB said:


> you obviously didn't read it !
> 
> to quote the agreement, it states---
> "You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision. "


That's actually a good thing. Basically covers you in the manner that if you quit Uber can't come back months down the road stating that a few of your fares were miscalculated you owe us this and this. On Ubers side it covers them, if they let you go for not complying with policy you can't come back at them to sue them for future damages to your car that were a result of driving with Uber.


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## iamkitkatbar (Nov 17, 2015)

Covers me and them, good deal.


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## PTB (Feb 3, 2015)

I was about to ask why OPT-OUT info goes to Raiser, LLC

so I decided to check my recent pay info
12/02/15 it had UBER TECH
12/09/15 changed back to RAISER, LLC



Chisox1125 said:


> That's actually a good thing. Basically covers you in the manner that if you quit Uber can't come back months down the road stating that a few of your fares were miscalculated you owe us this and this. On Ubers side it covers them, if they let you go for not complying with policy you can't come back at them to sue them for future damages to your car that were a result of driving with Uber.


more appropriately, they cannot deactivate you solely based on your decision to OPT-OUT


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## ATLrider (Oct 16, 2014)

they will simply review your account, and find that you once went 1mph over the speed limit, and deactivate you that way.


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## Kalee (Feb 18, 2015)

I'm confused. Should we be opting out or not?
And if we should opt out, what is the proper procedure to opt out?

I would really like to hear from chi1cabby on this if possible.


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## chi1cabby (May 28, 2014)

Kalee said:


> *Should we be opting out or not?*


*YES!*


Kalee said:


> And if we should opt out, how should opt out, what is the proper procedure to opt out?


Within 30 days of the date this Agreement is executed by you, email *[email protected]*
stating your name and intent to opt out of the Arbitration Provision.

Here is a sample opt-out email template: 
*https://uberpeople.net/threads/new-...11-2015-arbitration.49124/page-14#post-658636*


grams777 said:


> I would at least copy yourself on the email and print out the original and copy you sent yourself (with email headers on the copy if possible) for your records to show that it was sent.


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## Kalee (Feb 18, 2015)

Thank you so much, chi1cabby !


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## Chisox1125 (Jun 30, 2015)

You agree to it, you can drive. You don't accept it, your Uber days are done.


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## TakinItUpWithUber (Mar 14, 2015)

VERY sneaky of Uber sending this out on a Friday hoping drivers will just accept it not read it (so you can hit the road) then after driving the weekend becomes a distant memory.


100% OPT OUT


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## chi1cabby (May 28, 2014)

Chisox1125 said:


> You agree to it, you can drive. You don't accept it, your Uber days are done.


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## UberHammer (Dec 5, 2014)

iamkitkatbar said:


> Covers me and them, good deal.


So does the US legal system. And better than arbitration does.


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## UberRey (Sep 1, 2014)

No one bats an eye at the requirement to provide workman's comp insurance? I know I certainly can't afford it...


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## Brady (Oct 6, 2014)

UberHammer said:


> So does the US legal system. And better than arbitration does.


This is absolutely true. It is rarely in a person's interest to agree to binding arbitration on an agreement/contract they weren't authors of. I doubt very much than any drivers or attorneys representing drivers helped write Uber's Driver-Partner Agreement.


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## grams777 (Jun 13, 2014)

Chisox1125 said:


> You agree to it, you can drive. You don't accept it, your Uber days are done.


Accepting the new agreement and opting out of the arbitration clause in it are two separate things.


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## chi1cabby (May 28, 2014)

UberRey said:


> No one bats an eye at the requirement to provide workman's comp insurance?


The language on Workman's Compensation was present in Nov 2014 & Apr 2015 Partnership Agreements.


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## joeactuary (Oct 8, 2015)

atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax. I don't know if its new or not or if it affects our cancellation fees but I thought this was important enough for me to repeat here in this thread as this appears to be the main thread about the new arbitration clause going forward.


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## grams777 (Jun 13, 2014)

chi1cabby said:


> The language on Workman's Compensation was present in Nov 2014 & Apr 2015 Partnership Agreements.
> 
> View attachment 20089


In many states, sole proprietors are not required to carry workers comp for themselves. In Tennessee for example, I am not required to carry workers comp. In addition, the policy of my personal health insurance (heavily subsidized Obamacare) also specifically covers me in this situation in writing. So my medical is covered at all times.


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## Hunt to Eat (Nov 19, 2015)

Keep this simple fact in mind. Virtually nothing Uber does is for the benefit of the drivers. The new PA is another example of Uber shifting more burden to the drivers. Any questions?


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## Avi-ator (Sep 18, 2015)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax. I don't know if its new or not or if it affects our cancellation fees but I thought this was important enough for me to repeat here in this thread as this appears to be the main thread about the new arbitration clause going forward.


Sure does. I noticed that change skimming thru the email. Seems they will use the Friday news dump approach to update minor changes to their benefit. The email says, "look over here, we're changing the arbitration process" all the reason to look everywhere else too.


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## Hunt to Eat (Nov 19, 2015)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax. I don't know if its new or not or if it affects our cancellation fees but I thought this was important enough for me to repeat here in this thread as this appears to be the main thread about the new arbitration clause going forward.


If drivers are expected to wait 10 minutes, then my wait time just went down to three minutes. I always felt five minutes was too long. So, if we're now expected to wait 10 before before the cxl fee applies, my wait time just went to two or three. My mama may have raised a fool, but she didn't raise a damn fool. Remember we're IC's. No one's times is more valuable than ours'. No one's. ABC, folks.


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## JimS (Aug 18, 2015)

My theory is that the retaliation cause wasn't in the first agreement. Because of that, the judge in the California case probably allowed most drivers who didn't opt out of arbitration in the class action into the class action because he thought they didn't opt out because they feared retaliation.


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## AintWorthIt (Sep 30, 2014)

Looks like this is nationwide, I think someone is starting to get scared.


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## monstblitz (Oct 24, 2015)

TakinItUpWithUber said:


> VERY sneaky of Uber sending this out on a Friday hoping drivers will just accept it not read it (so you can hit the road) then after driving the weekend becomes a distant memory.
> 
> 100% OPT OUT


Not to mention the most important part of the agreement - the arbitration agreement, is buried at the bottom. So of the percentage who even bother to read, very few will make it all the way to the bottom for the critical piece. What's more, the piece about opting out is buried at the bottom of that provision! Hopefully most Uber drivers will come here to follow up on this.


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## afrojoe824 (Oct 21, 2015)

Hunt to Eat said:


> If drivers are expected to wait 10 minutes, then my wait time just went down to three minutes. I always felt five minutes was too long. So, if we're now expected to wait 10 before before the cxl fee applies, my wait time just went to two or three. My mama may have raised a fool, but she didn't raise a damn fool. Remember we're IC's. No one's times is more valuable than ours'. No one's. ABC, folks.


seems like after 5 mins of waiting, I will be driving to the next block down. Then hide there. After 9 minutes of waiting, I will head back to the address and see if they're there or not. Once I pass, Cancel. Boom


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## Realityshark (Sep 22, 2014)

Their were many parts that I noticed designed to screw over the drivers. Here's where they say they have no responsibility to provide insurance or cover their drivers if you get into an accident. Essentially, most drivers are risking everything they own if they get into an accident.

Section 8.4: "Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle."

Also look at Section 3.2. "*VehicleRequirements*. You acknowledge and agree that your Vehicle shall at all times be: (a)properly registered and licensed to operate as a passenger transportation vehicle ..."

What I clearly see is, if a driver has not registered his car as a "cab" and paid for proper ride share insurance, Uber has reserved the right to deny any claim if you get into an accident while working for them. Unless you live in a van down by the river and have absolutely nothing to lose, nobody should be driving for Uber without proper insurance and licensing.


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## afrojoe824 (Oct 21, 2015)

Realityshark said:


> Their were many parts that I noticed designed to screw over the drivers. Here's where they say they have no responsibility to provide insurance or cover their drivers if you get into an accident. Essentially, most drivers are risking everything they own if they get into an accident.
> 
> Section 8.4: "Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle."
> 
> ...


Yup! you might want to look into what companies covers ride sharing there in your county/city/state. I live in Los Angeles and Farmers insurance has a hybrid personal/ride share insurance policy and covers me while I work for lyft/uber. Uber only covers liability and covers the pax in event of accident but leaves you in the dark. If Farmers or any insurance provider doesn't give out that policy in your area, might want to look if Metro Mile is available


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## grams777 (Jun 13, 2014)

Realityshark said:


> Their were many parts that I noticed designed to screw over the drivers. Here's where they say they have no responsibility to provide insurance or cover their drivers if you get into an accident. Essentially, most drivers are risking everything they own if they get into an accident.
> 
> Section 8.4: "Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle."
> 
> ...


That sounds like Uber is putting the risk of not being commercially registered on the driver. Taken at face value, it sounds like they require commercial plates. They didn't say passenger vehicle or automobile, but a passenger transportation vehicle.

Depending on your location, getting a registration of this kind opens up a huge can of worms.

In many areas, such registration is a show stopper. The Uber rates don't cover going down the commercial road.

California for example:

*Vehicle Definitions*
An "automobile" is a passenger vehicle that does not transport persons for hire. This includes station wagons, sedans, vans, and sport utility vehicles. Vehicle Code Section 465.

A "commercial vehicle" is a vehicle which is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property (for example, trucks and pickups). Vehicle Code Section 260.

https://www.dmv.ca.gov/portal/dmv/detail/online/fee_calc/vehdef


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## MBENZ_GUY (May 13, 2015)

grams777 said:


> I assume this is in response to the latest lawsuit rulings about the arbitration provision.
> 
> In any case, it seems everyone now has 30 days after accepting it to opt out.


IMO, Opting out sounds like you might opt-in to future deactivation. Hope I'm wrong.


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## Weatherdawg (Aug 10, 2015)

afrojoe824 said:


> seems like after 5 mins of waiting, I will be driving to the next block down. Then hide there. After 9 minutes of waiting, I will head back to the address and see if they're there or not. Once I pass, Cancel. Boom


The old agreement used to say 10 minutes as well, but the cancellation fee kicked in after 5 minutes. I recall that vividly as a rookie because I used to sit for 10 minutes until I learned.


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## afrojoe824 (Oct 21, 2015)

Weatherdawg said:


> The old agreement used to say 10 minutes as well, but the cancellation fee kicked in after 5 minutes. I recall that vividly as a rookie because I used to sit for 10 minutes until I learned.


I shall test tis thing out later today. still cancelling at the 5:30 mark for riders with 4.6-4.5 ratings. 4.7 and above get special considerations.


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## Chicago-uber (Jun 18, 2014)

Opted out.


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## joeactuary (Oct 8, 2015)

MBENZ_GUY said:


> IMO, Opting out sounds like you might opt-in to future deactivation. Hope I'm wrong.


Please stop passing along this unsubstantiated myth. Have you even read this thread? This is specifically referred to in the new agreement. Even if it wasn't, it is commonly understood that exercise of such opt outs does not endanger termination.

as pointed out earlier, any changes Uber makes in the agreement is never in favor of the driver. In this case, it's pretty clear this is in response to the recent legal decision against Uber in California. Every driver should (needs imo) opt out


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## UberComic (Apr 17, 2014)

I opted out, and I suggest everyone else do the same. It literally takes a minute to compose and send the email. Being included in the class action lawsuit makes you eligible to be reimbursed for thousands of dollars of expenses without having to get your own expensive lawyer to represent you. Uber knows the storm is coming, and they're trying anything to stop it. Be sure to tell all the drivers you know to opt out as well.


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## Weatherdawg (Aug 10, 2015)

I read the whole thing this morning (great toilet reading) and noticed a few things that are new, probably because of legal actions in various states.
1) Workman's Compensation clause - basically saying that they don't have to provide workman's comp insurance
2) Clarification of the binding arbitration and a new chance to opt-out. - Basically, if you opt out, you can litigate individually and take them to court instead of an arbitrator. You always had the chance to opt out after 30 days (see many people's signatures) but a lot of people don't know better in their newbie period, then it's too late. Everyone has the chance until 1/10/16 now.
3) Specifically saying "no gratuity is included in the fare" in the agreement. 
4) Allowing partners to negotiate cancellation fees and trip fees "less than the estimated fee" if you choose the negotiated fee instead. Not sure what that means or stands for...

Most everything else, including the "suggest [you] wait 10 minutes" statement was in the original one. To me, it feels like they had to tighten up the language based on cases that they've lost. I'm sure I missed other highlights, but those are the things that have stood out to me.

My feeling is that opting-out of binding arbitration is the way to go since it gives you the most legal flexibility in the future, if it's ever needed. I work with enough contract attorneys that all say when they review various contracts and statements-of-work, they specifically look for anything that locks down the signee's rights and scratch those (or negotiate those). Since binding arbitration locks down your rights as a partner, that is why you should opt-out of it, especially now that we have the chance again.


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## MBENZ_GUY (May 13, 2015)

joeactuary said:


> Please stop passing along this unsubstantiated myth. Have you even read this thread? This is specifically referred to in the new agreement. Even if it wasn't, it is commonly understood that exercise of such opt outs does not endanger termination.
> 
> as pointed out earlier, any changes Uber makes in the agreement is never in favor of the driver. In this case, it's pretty clear this is in response to the recent legal decision against Uber in California. Every driver should (needs imo) opt out


I hope it's a myth. And I hope you're a legit driver and not an Uber Troll. I'm suspicious of any new members that try to sway opinion. If you are indeed legit, my apologies. You must really trust Uber to treat you fairly and stand by the the letter of this agreement. Maybe a recent bad complaint from a rider can get you whacked instead of opting out. IJS.


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## ORT (Nov 14, 2015)

Here is the email,









Beginning today, the next time you log onto the Uber app, you will receive a pop-up notification about new driver-partner agreements. You will be prompted to accept the new agreements before you can continue to go online and begin accepting trips. However, you have the option to opt-out of certain provisions after accepting the agreement, as explained further in the agreement itself. The agreements govern your relationship with Uber, so it is important that you read them.

These agreements have updated arbitration provisions, among other changes and updates.

We have provided a link to a copy of the agreements below for you to view.

Best,
Uber Operations
*Uber USA Agreement

Driver Addendum*
Uber Technologies Inc.
1455 Market Street San Francisco, CA 94103

Also under line item 6 this is what it says.


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## Guest (Dec 11, 2015)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax. I don't know if its new or not or if it affects our cancellation fees but I thought this was important enough for me to repeat here in this thread as this appears to be the main thread about the new arbitration clause going forward.


In Houston we don't even get cancellation fees anymore!


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## grams777 (Jun 13, 2014)

Weatherdawg said:


> I read the whole thing this morning (great toilet reading) and noticed a few things that are new, probably because of legal actions in various states.
> 1) Workman's Compensation clause - basically saying that they don't have to provide workman's comp insurance
> 2) Clarification of the binding arbitration and a new chance to opt-out. - Basically, if you opt out, you can litigate individually and take them to court instead of an arbitrator. You always had the chance to opt out after 30 days (see many people's signatures) but a lot of people don't know better in their newbie period, then it's too late. Everyone has the chance until 1/10/16 now.
> 3) Specifically saying "no gratuity is included in the fare" in the agreement.
> ...


I believe #4 in previous agreements had some wording that allowed the driver to negotiate their own rates (higher or lower), requiring Uber's approval of course. It did not say 'less than'. According to Uber's own representatives, they never agreed to this provision for anyone.

I assume it was put there originally to give an Independent Contractor appearance that drivers could legally negotiate their own rates. Practically, Uber never allowed it.


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## Ot1 (Apr 28, 2015)

So first you agree, then you send the e mail to opt out?


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## ORT (Nov 14, 2015)

Do any of you know how many Uber drivers have read and understand this agreement, maybe 5%. Most just click accept so they can go make those few measly dollars.


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## AintWorthIt (Sep 30, 2014)

Ha, I'd like to negotiate a fare lower than Uber, oh the hell with it, just ride for free.


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## LadyDi (Nov 29, 2015)

I actually waited 10 minutes last might before I texted my rider, not knowing this was a rule already in place. Anyhow, she finally came out smelling like fresh nasty sex. Anyhow, I am surely passing the opt out rule to everyone I know using this app.


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## joeactuary (Oct 8, 2015)

MBENZ_GUY said:


> I hope it's a myth. And I hope you're a legit driver and not an Uber Troll. I'm suspicious of any new members that try to sway opinion. If you are indeed legit, my apologies. You must really trust Uber to treat you fairly and stand by the the letter of this agreement. Maybe a recent bad complaint from a rider can get you whacked instead of opting out. IJS.


Above, must not be addressed to me! I don't see how anything I wrote can infer that I'm an Uber troll. So let me be clear, this new agreement, written by a company that has a clear historical disregard for the driver is not beneficial for the driver and everyone should opt out. If Uber biased it's terminations by opt out selection, that would be discernible over time, be a clear violation of labor law, and subject them to astronomical fines. If anything, Uber would be less inclined to terminate those who opted out for trivialities to avoid any appearance of discriminating based on opt out status.


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## ORT (Nov 14, 2015)

I opted out.


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## afrojoe824 (Oct 21, 2015)

yo chi1cabby I know you've been strong in advocating to opt out. You sure about this? I just opted out and now i'm paranoid about the pending deactivation I might receive soon lol


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## UberComic (Apr 17, 2014)

ORT said:


> Do any of you know how many Uber drivers have read and understand this agreement, maybe 5%. Most just click accept so they can go make those few measly dollars.


Uber knows this. That's why you should tell every driver you know about it and tell them to tell every driver they know.


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## DCUberXGrrrl (Aug 25, 2014)

grams777 said:


> Accepting the new agreement and opting out of the arbitration clause in it are two separate things.


Thanks for this clarification -- OK, so even if you opt out of the binding arbitration provision, the rest of the ToS including new requirements (e.g. drivers must buy their own workers compensation insurance, and drive at least one trip per month or risk deactivation) still in full force and effect?


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## joeactuary (Oct 8, 2015)

DCUberXGrrrl said:


> Thanks for this clarification -- OK, so even if you opt out of the binding arbitration provision, the rest of the ToS including new requirements (e.g. drivers must buy their own workers compensation insurance, and drive at least one trip per month or risk deactivation) still in full force and effect?


Yes


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## monstblitz (Oct 24, 2015)

afrojoe824 said:


> yo chi1cabby I know you've been strong in advocating to opt out. You sure about this? I just opted out and now i'm paranoid about the pending deactivation I might receive soon lol


I'm no lawyer, but from my full time job I know that the U.S. Legal system takes "whistle blower" type retaliations very seriously. Uber and their lawyers know this. I highly doubt they will deactivate anyone solely due to opting out. That said, keep your nose clean and don't give them the slightest reason!


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## PTB (Feb 3, 2015)

ok, now that you OPT'ed-OUT of Arbitration,
Do you have a copy of the OPT-OUT email and the agreement (Technology Services Agreement) that you just signed?

PRINT IT OUT! 21 pages...or save as file

don't rely on Uber's link as the copy of the agreement.


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## ORT (Nov 14, 2015)

You all do know that 95% of Uber drivers just accept "so they can go out there and earn a few measly dollars" and have no clue what they are accepting and don't read any of the documents. 
I just spoke to another Uber driver, he just accepted, has no idea what he is accepting, and does not know about arbitration or the sort, that's 95% if not more of the Uber driver workforce.


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## Showa50 (Nov 30, 2014)

Shut up slaves...


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## chi1cabby (May 28, 2014)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax.





afrojoe824 said:


> yo chi1cabby I know you've been strong in advocating to opt out. You sure about this?


I wouldn't advise any Driver to do anything that would be detrimental to their self interest.

The Fact is that the Opt-out emails sent by Drivers go to Uber's General Counsel. Drivers' Opt-out Status is Not known to Uber's Local Operations Teams.


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## afrojoe824 (Oct 21, 2015)

PTB said:


> ok, now that you OPT'ed-OUT of Arbitration,
> Do you have a copy of the OPT-OUT email and the agreement (Technology Services Agreement) that you just signed?
> 
> PRINT IT OUT!
> ...


I just saved the digital copy to PDA and have it on my external HDD. gotta be smart b/c they will probably turn around and give out another agreement that does nothing to do with what you just signed


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## Skinny1 (Sep 24, 2015)

Seems to stress the relationship is between driver and pax and things are up to the driver.
I may start calling pax and even declining rides once I find destination and its not suitable for my time. It is my car and my expense no?


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## chi1cabby (May 28, 2014)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax.





Hunt to Eat said:


> So, if we're now expected to wait 10 before before the cxl fee applies


The language advising Drivers to wait 10 minutes was present in the *Nov 2014 Partnership Agreement *as well:


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## AintWorthIt (Sep 30, 2014)

Showa50 said:


> Shut up slaves...
> View attachment 20097


That's why you can't say anything negative about them on social media. Set up a fake FB account and fire away.


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## Chisox1125 (Jun 30, 2015)

You guys are missing the point. If you accept the agreement in full then you are good to drive and are subject to all rules and regs in the agreement. If for some reason you change your mind and wish to Opt out of the "whole" agreement you have to formally submit your request with in 30 days. If you don't accept, you can't drive. If you choose to opt out, you can't drive. If you choose to opt out, you forfeit your rights to sue, as well as claim any monetary compensation before or after the agreement was accepted or declined. So all you people saying your gonna opt out, go right the hell ahead.


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## chi1cabby (May 28, 2014)

grams777 said:


> I believe #4 in previous agreements had some wording that allowed the driver to negotiate their own rates (higher or lower), requiring Uber's approval of course.


The previous, and the New, Partnership Agreements only allow Drivers to Negotiate Fares that are Lower (*Not Higher*):


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## grams777 (Jun 13, 2014)

Chisox1125 said:


> You guys are missing the point. If you accept the agreement in full then you are good to drive and are subject to all rules and regs in the agreement. If for some reason you change your mind and wish to Opt out of the "whole" agreement you have to formally submit your request with in 30 days. If you don't accept, you can't drive. If you choose to opt out, you can't drive. If you choose to opt out, you forfeit your rights to sue, as well as claim any monetary compensation before or after the agreement was accepted or declined. So all you people saying your gonna opt out, go right the hell ahead.


The term opt out doesn't normally apply to the whole agreement.

Opt out refers to opting out of the arbitration provision within the agreement, in this case.

I think more accurately you are referring to rejecting the new agreement in it's entirety.


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## grams777 (Jun 13, 2014)

chi1cabby said:


> The previous, and the New, Partnership Agreements only allow Drivers to Negotiate Fares that are Lower (*Not Higher*):
> 
> View attachment 20104
> 
> View attachment 20105


The previous one perhaps, but in the older contract days it was not like that.


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## Hunt to Eat (Nov 19, 2015)

chi1cabby said:


> The language advising Drivers was present in the *Nov 2014 Partnership Agreement *and *Apr 2015 Partnership Agreement* as well:
> View attachment 20099
> 
> View attachment 20098


Well, that settles it. My wait time is now two minutes if no surge, and three minutes if surge. Thank you for highlighting that info, chi1cabby. I was just getting ready to look up that spec. No one's time is more valuable than mine, so the notion of waiting 10 minutes is total equine feces, so I just gained back some of my valuable driving time. Thank you, sir!


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## joeactuary (Oct 8, 2015)

Chisox1125 said:


> You guys are missing the point. If you accept the agreement in full then you are good to drive and are subject to all rules and regs in the agreement. If for some reason you change your mind and wish to Opt out of the "whole" agreement you have to formally submit your request with in 30 days. If you don't accept, you can't drive. If you choose to opt out, you can't drive. If you choose to opt out, you forfeit your rights to sue, as well as claim any monetary compensation before or after the agreement was accepted or declined. So all you people saying your gonna opt out, go right the hell ahead.


My god, are you serious? Pretty much take everything you said after the first two sentences, make it the opposite and you have a halfway decent post


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## UberBlackPr1nce (Dec 28, 2014)

MBENZ_GUY said:


> I hope it's a myth. And I hope you're a legit driver and not an Uber Troll. I'm suspicious of any new members that try to sway opinion. If you are indeed legit, my apologies. You must really trust Uber to treat you fairly and stand by the the letter of this agreement. Maybe a recent bad complaint from a rider can get you whacked instead of opting out. IJS.


are you that naive? Why would uber send a shill on here to convince all their drivers to opt out just to deactivate them.


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## PTB (Feb 3, 2015)

should you BCC [email protected] (Shannon Liss-Riordan) on the Opt-Out email ???

ok took too long to answer, I BCC Shannon already


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## joeactuary (Oct 8, 2015)

UberBlackPr1nce said:


> are that naive? Why would uber send a shill on here to convince all their drivers to opt out just to deactivate them.


 Thanks, you said it better than I could!


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## Oc_DriverX (Apr 29, 2014)

Chisox1125 said:


> You guys are missing the point. If you accept the agreement in full then you are good to drive and are subject to all rules and regs in the agreement. If for some reason you change your mind and wish to Opt out of the "whole" agreement you have to formally submit your request with in 30 days. If you don't accept, you can't drive. If you choose to opt out, you can't drive. If you choose to opt out, you forfeit your rights to sue, as well as claim any monetary compensation before or after the agreement was accepted or declined. So all you people saying your gonna opt out, go right the hell ahead.


I think you are missing the point. People are advocating opting out of the *Arbitration Clause* of the agreement, NOT the entire agreement. If you don't agree to the new agreement, you can't drive. But you can opt out of the Arbitration clause of the new agreement.



Chisox1125 said:


> If you choose to opt out, you can't drive.


This statement above is absolutely FALSE!


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## chi1cabby (May 28, 2014)

Chisox1125 said:


> *You guys are missing the point. *If you accept the agreement in full then you are good to drive and are subject to all rules and regs in the agreement. If for some reason you change your mind and wish to Opt out of the "whole" agreement you have to formally submit your request with in 30 days.


*No it's you who's missing the point.*

Drivers have to Accept the New Partnership Agreement in full in order to be able to login and work.

Then Drivers have 30 Days to Opt-out of Binding Arbitration Provision, as is their Legal Right.


Chisox1125 said:


> *If you choose to opt out, you can't drive.*


*So please stop posting on stuff that you apparently have no knowledge on.*


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## UberCemetery (Sep 4, 2014)

Basically and keeping it very simple the Uber mess continues.


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## Hunt to Eat (Nov 19, 2015)

Showa50 said:


> Shut up slaves...
> View attachment 20097


Not that anyone would ever go so far, but those clauses virtually never hold up in court when non-employees are making the remarks. And, remember, Uber says often we drivers are not employees.


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## LAuberX (Jun 3, 2014)

An email response I got from Shannon Liss-Riordan, the attorney on the California I.C. vs. employee case:

One other thing:

We have gotten questions from drivers who are concerned about opting out of the arbitration clause. Uber has assured drivers that they are free to opt out of the arbitration clause. It would be illegal for Uber to retaliate against drivers for opting out of the clause.

So if you are a current driver, you can accept the new agreement in order to continue working. But to be sure that you can be covered by this case, SEND AN EMAIL TO [email protected], stating your name and that you want to opt out of the arbitration clause.


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## Oc_DriverX (Apr 29, 2014)

I believe that when I was prompted to agree in the app, it stated that I was agreeing to the December 10th agreement. Yet, when I opened the agreement up on my phone, it was the December 11th agreement, the same one that was linked in the email I received.


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## Avi-ator (Sep 18, 2015)

Chi1cabby


chi1cabby said:


> The language on Workman's Compensation was present in Nov 2014 & Apr 2015 Partnership Agreements.


Was this: "

Company is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from your provision of Transportation Services.

in the November Agreement as well? Seems it's a way out of the cleaning fee if they deem so


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## Skinny1 (Sep 24, 2015)

So a pax injuries him or herself stepping out your vehicle. Lawsuit on you Uber does not help out at all?
Wow lots of risk for $5-$10 a trip on avg


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## Tixx (Aug 27, 2015)

Avi-ator said:


> Chi1cabby
> 
> Was this: "
> 
> ...


I thought about cases where we might be attacked by passengers ... they don't want drivers to blame Uber if that happens. This agreement while a legal document should have been written in a language that is easy for the regular Joe to understand. Some companies do it especially if the audience is made up of regular Joe's like Uber is.


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## Hunt to Eat (Nov 19, 2015)

chi1cabby said:


> Showa50 I noticed that you posted the screen shot from a 7 pages long Driver Addendum dated Dec 10, 2015. The Driver Addendum is separate from the 21 pages long Dec 11, 2015 Partnership Agreement.
> Can you please post a link to the Driver Addendum. If you don't have a link, you can upload the Addendum to Google Drive or DropBox and post the link to it.
> Thanx!
> 
> ...


The implication in item #6 is that the driver carries commercial livery insurance. That's what is meant by "industry-standard coverage amounts." Of course, if a driver fails to meet this requirement, Uber can (and will) say, "Sorry, we are not going to provide contingent liability coverage for your crash because you (the driver) failed to cover yourself with industry-standard coverage amounts."

Once again, the insurance gap widens and the driver is left twisting in the wind in an at-fault accident. I've said it before and I'll say it again, if you're a driver for Uber or Lyft and you do not have a commercial livery policy in place that you have purchased, you are on a fool's errand and you are putting yourself and all your current and future assets at great risk. Wise up, brethren.


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## Avi-ator (Sep 18, 2015)

Tixx said:


> I thought about cases where we might be attacked by passengers ... they don't want drivers to blame Uber if that happens. This agreement while a legal document should have been written in a language that is easy for the regular Joe to understand. Some companies do it especially if the audience is made up of regular Joe's like Uber is.


Excludes liability to vehicle as well. Just seems as a way out if they so choose


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## Scruffy one (Oct 21, 2015)

afrojoe824 said:


> seems like after 5 mins of waiting, I will be driving to the next block down. Then hide there. After 9 minutes of waiting, I will head back to the address and see if they're there or not. Once I pass, Cancel. Boom


Only problem there is, they can track you.


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## afrojoe824 (Oct 21, 2015)

Scruffy one said:


> Only problem there is, they can track you.


Not really. idk how it is in Florida, but in LA our blocks aren't that far. Wait 5 mins at the ping. drive around because it is a "no stopping zone".... go back to pin. cancel. but it's been clarified by others that you still get cancellation fee after 5 mins.


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## Huberis (Mar 15, 2015)

Chisox1125 said:


> You agree to it, you can drive. You don't accept it, your Uber days are done.


If that were the case (it isn't) you would still be making the right move by opting out.


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## Tom Madison (Aug 11, 2014)

Is the suggestion to wait 10 minutes for a rider (Section 2.2) new? If so, does that change the ability to cancel after 5 minutes and still collect the $5 fee?


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## Scruffy one (Oct 21, 2015)

grams777 said:


> That sounds like Uber is putting the risk of not being commercially registered on the driver. Taken at face value, it sounds like they require commercial plates. They didn't say passenger vehicle or automobile, but a passenger transportation vehicle.
> 
> Depending on your location, getting a registration of this kind opens up a huge can of worms.
> 
> ...


Seems to me we used to be covered under a blanket policy with them, of some sort.


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## Hunt to Eat (Nov 19, 2015)

Tom Madison said:


> Is the suggestion to wait 10 minutes for a rider (Section 2.2) new? If so, does that change the ability to cancel after 5 minutes and still collect the $5 fee?


Love your avatar. I have a hat with that logo. I purchased it at the San Francisco HRC office.


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## Bart McCoy (Nov 4, 2014)

sent email to opt out before, will opt out again
I never get a confirmation they have received and and actually opted out
What is Uber just says they never received your opt out email?


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## Scruffy one (Oct 21, 2015)

afrojoe824 said:


> Not really. idk how it is in Florida, but in LA our blocks aren't that far. Wait 5 mins at the ping. drive around because it is a "no stopping zone".... go back to pin. cancel. but it's been clarified by others that you still get cancellation fee after 5 mins.


Sounds like you have it covered. Will have to figure something out down here.


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## Scruffy one (Oct 21, 2015)

Bart McCoy said:


> sent email to opt out before, will opt out again
> I never get a confirmation they have received and and actually opted out
> What is Uber just says they never received your opt out email?


It's extra work but, if you send your letter through the "Office" program, on the tool bar, there is a flag you can click on to have a receipt sent to you when they open it.


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## JaguaGirl (May 17, 2015)

I knew I could come here & read spirited, informed discussion before deciding what to do, after reading the ToS.... Thanks Über People!


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## ALB529 (Nov 6, 2015)

Scruffy one said:


> Seems to me we used to be covered under a blanket policy with them, of some sort.


You do not need commercial plates, just insurance that covers both you and the rider as it relates to ride sharing. I have Erie Insurance, which covers me as an UBER driver and my rider... $148.00 a month.


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## riChElwAy (Jan 13, 2015)

when this whole mess began a few years ago it was like "wtf! they can't just barge in like this!!"

it was, and still is, a wide open, unregulated wild west field, while the taxis remain shrouded in rules and regulations

but now, finally, we are slowly starting to see things gettin real. Uber has delayed and extended and appealed and stretched for so so long, avoiding and dodging D-Day, which is coming


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## Skinny1 (Sep 24, 2015)

i may greet passengers like this.

For liability reasons for both you and I , I am no longer accepting minimum trips. 

Thanks


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## Optimus Uber (Oct 7, 2014)

Opt-Out if they deactivate you they will be sued and will lose. Too many will opt out for them to deactivate all of the drivers. Even though it states if you opt out you wont be deactivated most drivers don't trust Uber and will stay opted in because they are clueless and scared. Don't give up your rights. The arbitration will pay like shit. You want this to go to court and let Uber get what they deserve. They pay us shit rates. It's their time to pay restitution. 

Can't wait for Travis to have his day. Karma is real!!!


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## HiFareLoRate (Sep 14, 2015)

When you OPT-OUT, you will feel DAMN GOOD.


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## Ruthie09 (Nov 6, 2015)

I don't know if this is already been stated in the thread – I don't have time to go through all the responses: RideShareGuy (Harry Campbell) posted a blog about this on his site and summarize the issue, including a response from the lawyer associated with the class-action lawsuit.

The upshot is yes, opt out for now. In the meantime, she is working to get the new agreement provisions canceled or negated.


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## BlackDog (Sep 5, 2015)

grams777 said:


> Received: December 11, 2015,
> 
> Beginning today, the next time you log onto the Uber app, you will receive a pop-up notification about a new driver-partner agreement. You will be prompted to accept the new agreement before you can continue to go online and begin accepting trips. However, you have the option to opt-out of certain provisions after accepting the agreement, as explained further in the agreement itself. This agreement governs your relationship with Rasier, so it is important that you read it.
> 
> ...


Thanks for the post. Looks like there team of lawyers have it seal up tight to protect Uber. Just shows what money can buy in this capitalistic market. No risk to Uber. Transfer all risk to drivers. Uber makes Billions. Unless drivers can have a collective voice Uber does not want to do anything that involves moral fiber/community responsibly/ or dignity to drivers.


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## Ziggy (Feb 27, 2015)

Hunt to Eat said:


> If drivers are expected to wait 10 minutes, then my wait time just went down to three minutes. I always felt five minutes was too long. So, if we're now expected to wait 10 before before the cxl fee applies


easy solution ... trigger "arrived" a couple of blocks away ... that should prompt pax to get off their butts and put toes on the curb. *interesting thing is when Uber runs promotions for free events ... pax have to have their toes on the curb when the driver arrives or we are told to cxl the promo for that pax. *Double Standards* *just like Uber tells pax to give driver 5* for Uber eats if they like the service; however, if the driver asks for 5* he's in violation of the Uber guidelines


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## Hunt to Eat (Nov 19, 2015)

Scruffy one said:


> It's extra work but, if you send your letter through the "Office" program, on the tool bar, there is a flag you can click on to have a receipt sent to you when they open it.


The recipient can deny having the receipt if they wish.


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## Jack Marrero (Oct 24, 2015)

Even if they say it would be no retaliation, I can't trust them. They might find some technicality to get rid of you. It's a lot easier have drivers who go along. Anyways, we're disposable items.


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## Hunt to Eat (Nov 19, 2015)

Ziggy said:


> easy solution ... trigger "arrived" a couple of blocks away ... that should prompt pax to get off their butts and put toes on the curb. *interesting thing is when Uber runs promotions for free events ... pax have to have their toes on the curb when the driver arrives or we are told to cxl the promo for that pax. *Double Standards* *just like Uber tells pax to give driver 5* for Uber eats if they like the service; however, if the driver asks for 5* he's in violation of the Uber guidelines


But in the new software, the ARRIVED button is gone. The system decides when you're close enough that the pax should be alerted.


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## Ziggy (Feb 27, 2015)

Hunt to Eat said:


> But in the new software, the ARRIVED button is gone. The system decides when you're close enough that the pax should be alerted.


As of yesterday, I was still able to trigger the "arrived" before I pulled up to the pin. But then again, most people in my area are running the new "fancy" app ... I'm still on the old app.


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## Hunt to Eat (Nov 19, 2015)

Jack Marrero said:


> Even if they say it would be no retaliation, I can't trust them. They might find some technicality to get rid of you. It's a lot easier have drivers who go along. Anyways, we're disposable items.


Remember, this is capitalism. And what did we learn in Econ 101 in college? Let's review...

In any capitalist system, what is the most expendable resource? That's right. It's *labor*.


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## Hunt to Eat (Nov 19, 2015)

Gee, I wonder who the one person is who voted No in the poll above...


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## BlackDog (Sep 5, 2015)

ALB529 said:


> You do not need commercial plates, just insurance that covers both you and the rider as it relates to ride sharing. I have Erie Insurance, which covers me as an UBER driver and my rider... $148.00 a month.


Metro Mile is the only insurance Uber drivers can use and actually be covered. AllState, State Farm, Gieco would all drop you if they found out you driver for Uber


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## Avi-ator (Sep 18, 2015)

Tom Madison said:


> Is the suggestion to wait 10 minutes for a rider (Section 2.2) new? If so, does that change the ability to cancel after 5 minutes and still collect the $5 fee?


It's not. If the 5 minute cancel fee is still being offered in your market, that supersedes this 10 min "suggestion"


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## gg mh (Mar 17, 2015)

grams777 said:


> View attachment 20119
> 
> 
> I assume this is in response to the latest lawsuit rulings about the arbitration provision.
> ...


I am surprised that this thread is not getting more discussion because it is the most important thing for drivers now. We may have to seek legal help (and in the agreement it says that). Basically Uber says you can drive when, how and who you want but then proceeds to tell you how you'll going to be de-activated if you do. They say we do not control you but they proceed to tell you how they do.

--The 10 minutes wait is crazy. In DC, they had said they listened to us and made it 2.

--The section about lawsuits may also be a trap or fear mongering or both.

Are there labor lawyers in this forum who can look over that agreement? It is scary.


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## Hunt to Eat (Nov 19, 2015)

gg mh said:


> I am surprised that this thread is not getting more discussion because it is the most important thing for drivers now. We may have to seek legal help (and in the agreement it says that). Basically Uber says you can drive when, how and who you want but then proceeds to tell you how you'll going to be de-activated if you do. They say we do not control you but they proceed to tell you how they do.
> 
> --The 10 minutes wait is crazy. In DC, they had said they listened to us and made it 2.
> 
> ...


I'm not a lawyer but I once played one in a school play. I'll have a look.


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## Scruffy one (Oct 21, 2015)

Hunt to Eat said:


> The recipient can deny having the receipt if they wish.


Very true. But, they can deny it either way. Just looking at options. Btw, If we opt out, how are we able to go on duty?


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## Jack Marrero (Oct 24, 2015)

Realityshark said:


> Their were many parts that I noticed designed to screw over the drivers. Here's where they say they have no responsibility to provide insurance or cover their drivers if you get into an accident. Essentially, most drivers are risking everything they own if they get into an accident.
> 
> Section 8.4: "Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle."
> 
> ...


Funny, What about the $1.70 security fund they charge?


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## Jack Marrero (Oct 24, 2015)

My days with Uber, are counted. I'm tired of partnering with a greedy tyrant.


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## slingo (Nov 12, 2015)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax. I don't know if its new or not or if it affects our cancellation fees but I thought this was important enough for me to repeat here in this thread as this appears to be the main thread about the new arbitration clause going forward.


Not new I checked 10-2014 agreement and it's the same. So it's doubtful it will affect 5 min cancellation time


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## Ernesto_Grove (Dec 11, 2015)

Check out this article. Gives some insight on why Uber had to change up the verbiage on the New Agreement.

*Article can be found on Buzzfeed website*

Early Friday morning, just two days after the judge presiding over the Uber class action suit in California ruled that drivers agreed to arbitrate any disputes with Uber outside of a court as a condition of driving for the company could still participate in the class action suit, Uber sent drivers a new agreement. That document includes a revised arbitration clause that could undermine that ruling, and plaintiffs' attorney Shannon Liss-Riordan is moving quickly to rebut it.

Liss-Riordan and her team are filing an emergency motion that will be heard in front of Judge Edward Chen next Thursday; It asks the court to block Uber from enforcing this new driver agreement.

"Uber has tried to fix the problem that Judge Chen ruled made the agreement unenforceable," Liss-Riordan told BuzzFeed News in an email. "He ruled that the [Private Attorney General Act] waiver is illegal as a violation of public policy (which it is, in light of recent California Supreme Court and Ninth Circuit rulings), and he ruled that he could not sever the illegal provision without rewriting the agreement, which courts are not allowed to do. So Uber has tried to be clever by redrafting its agreement in a way that it can contend that the challenged provision is severable."

The Private Attorney General Act or gives "a private citizen the right to pursue fines that would normally only be available to the State of California. It also allows that private citizen to "seek civil penalties not only for violations that he personally suffered" but also for violations of "other current or former employees."

The Uber driver agreement of 2014 and 2015 illegally waived drivers rights under PAGA thus informing Judge Chen's decision that the arbitration clause could not be honored because it contained an illegal provision. But Uber's has been rewritten to prohibit drivers from pursuing any class or representative action against the company EXCEPT under PAGA. Therefore, the company has removed the illegal provision of the arbitration clause and in effect made it enforceable by a court.


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## gman (Jul 28, 2014)

Hunt to Eat said:


> But in the new software, the ARRIVED button is gone. The system decides when you're close enough that the pax should be alerted.


On android anyway you can click on the bar at the bottom and it will give you the option to confirm you've arrived. I don't see how they can get rid of that completely because if they are not at the pinned location the driver needs a way to manually confirm the arrival.


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## PTB (Feb 3, 2015)

Ok let's look ahead to June 20, 2016
Please describe possible outcomes
When drivers are then defined as employees

Does Uber retain the Opt-Out drivers after 
June 20, 2016??

Btw I already sent Opt-Out email

Just wondering about the future


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## Avi-ator (Sep 18, 2015)

gg mh said:


> I am surprised that this thread is not getting more discussion because it is the most important thing for drivers now. We may have to seek legal help (and in the agreement it says that). Basically Uber says you can drive when, how and who you want but then proceeds to tell you how you'll going to be de-activated if you do. They say we do not control you but they proceed to tell you how they do.
> 
> --The 10 minutes wait is crazy. In DC, they had said they listened to us and made it 2.
> 
> ...


Seems most of the entries here are not new at all but just being scrutinized more as a result of Uber's own unprofessional practices. Many (myself included) did not comb thru every detail when we first signed up because of our nature to place some trust in perception ..which before this forum, was a disciplined and ethical company. Live and learn.


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## Feisal Mo (Dec 19, 2014)

Law Firms response:

Dear Uber driver:

After sending this email last night, we learned this morning that, following our victory in court on Wednesday, Uber is now trying to avoid the court ruling by sending drivers a new agreement containing a revised arbitration clause. We are working now on a motion asking the court to block this new agreement. We believe that Uber's action in trying to limit the class, after the court has certified it, is illegal, and we will ask the court to take measures to stop Uber from doing this.

In the meantime, if you are a current Uber driver, you should feel free to continue working. You will need to accept the agreement in order to continue driving for Uber. But assuming you want to be included in this case, YOU SHOULD IMMEDIATELY OPT OUT OF THE NEW ARBITRATION CLAUSE BY SENDING AN EMAIL TO [email protected]. Include your name and state that you wish to opt out of the arbitration provision. The deadline for opting out is 30 days from when you agree to the new agreement. Although we are going to try to stop Uber from using this agreement to limit the scope of the class in this case, anyone who wants to participate should opt out of the arbitration clause just in case our effort to block Uber from doing this is not successful.


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## backstreets-trans (Aug 16, 2015)

After reading the contract it's amazing how much risk is transfered on the drivers for such little reward. Drivers should really consider opening up a sole proprietorship business to protect their other assets. One at fault accident could bankrupt you.


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## Scruffy one (Oct 21, 2015)

Jack Marrero said:


> Funny, What about the $1.70 security fund they charge?


Is that like the $2.50 safe ride fee?


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## POMilton (Oct 21, 2015)

So if I don't accept the terms they will not report me to my insurance company? I'm not getting my rates jacked for an extra 100-2oo a week. Looks like I've driven my last uber ride


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## Feisal Mo (Dec 19, 2014)

Sample opting out email:

I would like exercise my right to opt out of Section 15 and the Arbitration Provision of the agreement proffered by Raiser and Uber to me on December 11, 2015. Thank you. Sincerely, (insert your name)

Keep a record that you sent that email for yourselves.


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## grams777 (Jun 13, 2014)

backstreets-trans said:


> After reading the contract it's amazing how much risk is transfered on the drivers for such little reward. Drivers should really consider opening up a sole proprietorship business to protect their other assets. One at fault accident could bankrupt you.


It's amazing how loosely they wrote their insurance and regulatory responsibility.

8.3 and 8.4: your personal insurance will not cover you. And Uber may (or may not) provide insurance that does cover you in whatever amount we decide. And we certainly don't have to cover you or your vehicle.

9.1: you are responsible for all permits and regulations to drive providing transportation services.

3.2: you are responsible for all permitting of your vehicle as a personal transportation vehicle.

This reads more like a taxi contract (at Uber rates).


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## Ziggy (Feb 27, 2015)

monstblitz said:


> Hopefully most Uber drivers will come here to follow up on this.


Most drivers don't know that UP exists ... an informal poll of 20 drivers generally results in 1-2 drivers knowing about UP at the most. Every driver I talk to I encourage them to join UP ... but I'd bet that less than 1% of drivers are members of UP


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## UberBeemer (Oct 23, 2015)

grams777 said:


> View attachment 20119
> 
> 
> I assume this is in response to the latest lawsuit rulings about the arbitration provision.
> ...


Can you follow up with instructions on opting out? I'm sure lots of folks won't know how.


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## LEAFdriver (Dec 28, 2014)

chi1cabby <------ _*Is EQUIVALENT TO: *_










*Is this true? *


Realityshark said:


> Their were many parts that I noticed designed to screw over the drivers. Here's where they say they have no responsibility to provide insurance or cover their drivers if you get into an accident. Essentially, most drivers are risking everything they own if they get into an accident.
> 
> Section 8.4: "Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle."
> 
> ...





grams777 said:


> It's amazing how loosely they wrote their insurance and regulatory responsibility.
> 
> 8.3 and 8.4: your personal insurance will not cover you. And Uber may (or may not) provide insurance that does cover you in whatever amount we decide. And we certainly don't have to cover you or your vehicle.
> 
> ...


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## grams777 (Jun 13, 2014)

UberBeemer said:


> Can you follow up with instructions on opting out? I'm sure lots of folks won't know how.


https://uberpeople.net/threads/new-...nt-dec-11-2015-arbitration.49124/#post-655749

https://uberpeople.net/threads/new-...nt-dec-11-2015-arbitration.49124/#post-655864

Also posted as shortcuts in the second post of the thread.

*sending, within 30 days of the date this Agreement is executed by you, electronic mail to [email protected] stating your name and intent to opt out of the Arbitration Provision*


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## arto71 (Sep 20, 2014)

chi1cabby said:


> stating your name and intent to opt out of the Arbitration Provision.


Is it a "must "to state our intent in opt out email ? If so any advice /suggestion afrojoe824 ,UberComic ?


----------



## MBENZ_GUY (May 13, 2015)

UberBlackPr1nce said:


> are you that naive? Why would uber send a shill on here to convince all their drivers to opt out just to deactivate them.


Regarding that particular post, you are probably correct. I see this person was pushing for opting out. That aside, there are trolls in here.

This is not a question of naivete' but more of paranoia.


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## MBENZ_GUY (May 13, 2015)

joeactuary said:


> Above, must not be addressed to me! I don't see how anything I wrote can infer that I'm an Uber troll. So let me be clear, this new agreement, written by a company that has a clear historical disregard for the driver is not beneficial for the driver and everyone should opt out. If Uber biased it's terminations by opt out selection, that would be discernible over time, be a clear violation of labor law, and subject them to astronomical fines. If anything, Uber would be less inclined to terminate those who opted out for trivialities to avoid any appearance of discriminating based on opt out status.


You make a very rational argument. Do you trust Uber is a rational bunch? Or all powerful and greedy? Take it or leave it? Come and get us?


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## MBENZ_GUY (May 13, 2015)

afrojoe824 said:


> yo chi1cabby I know you've been strong in advocating to opt out. You sure about this? I just opted out and now i'm paranoid about the pending deactivation I might receive soon lol


Do a great job out there and keep good records. Let us know if any funny business happens down the line. I tend to believe all that opt out are safe for now.


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## gman (Jul 28, 2014)

So is there any insurance change here in CA as a result of this new agreement? My understanding before is that in CA at least Uber is primary in all three phases. If I get in an accident, Uber will pay with the exception of me and my car. I can live with that. Is there any scenario where I could "lose everything", as many people on the board like to say?


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## MBENZ_GUY (May 13, 2015)

grams777 said:


> It's amazing how loosely they wrote their insurance and regulatory responsibility.
> 
> 8.3 and 8.4: your personal insurance will not cover you. And Uber may (or may not) provide insurance that does cover you in whatever amount we decide. And we certainly don't have to cover you or your vehicle.
> 
> ...


Do you think this new contract has potential for a national stir?


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## MBENZ_GUY (May 13, 2015)

Feisal Mo said:


> Law Firms response:
> 
> Dear Uber driver:
> 
> ...


WOOOOOOOO ...shots fired. These guys are on it.


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## chi1cabby (May 28, 2014)

arto71 said:


> Is it a "must "to state our intent in opt out email ? If so any advice .


Keep it simple.

*To: [email protected]

Subject: Opting Out of Binding Arbitration Provision

Date: (Today's Date)

I, (Your Name), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.

I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.

Your Name
Your Address.*


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## Muffinscupcake (Oct 30, 2015)

Hunt to Eat said:


> If drivers are expected to wait 10 minutes, then my wait time just went down to three minutes. I always felt five minutes was too long. So, if we're now expected to wait 10 before before the cxl fee applies, my wait time just went to two or three. My mama may have raised a fool, but she didn't raise a damn fool. Remember we're IC's. No one's times is more valuable than ours'. No one's. ABC, folks.


Where doesit say we have to wait 10 minutes


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## Null (Oct 6, 2015)

backstreets-trans said:


> After reading the contract it's amazing how much risk is transfered on the drivers for such little reward. Drivers should really consider opening up a sole proprietorship business to protect their other assets. One at fault accident could bankrupt you.


You understand a "Sole Proprietorship" is what you are by default right? 100% of your personal assets are at risk in a Sole Proprietorship. In a sole prop. YOU are the company.

What you meant to advocate was an LLC or S-Corp. However, NEITHER of those will save you from tort liability. What that means is, if you strike a pedestrian due to negligence (for example), the LLC or S-Corp won't do a thing for you from having to pay medical bills, etc. Where the LLC or S-Corp would help is in non-tort cases. For example, you/company are sued because of a breach of contract or professional mistake that causes damages to another party.

Our biggest exposure as TNC drivers is TORT liability where the LLC/S-Corp can't help. However, that's where insurance becomes even more important.


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## backstreets-trans (Aug 16, 2015)

Null said:


> You understand a "Sole Proprietorship" is what you are by default right? 100% of your personal assets are at risk in a Sole Proprietorship. In a sole prop. YOU are the company.
> 
> What you meant to advocate was an LLC or S-Corp. However, NEITHER of those will save you from tort liability. What that means is, if you strike a pedestrian due to negligence (for example), the LLC or S-Corp won't do a thing for you from having to pay medical bills, etc. Where the LLC or S-Corp would help is in non-tort cases. For example, you/company are sued because of a breach of contract or professional mistake that causes damages to another party.
> 
> Our biggest exposure as TNC drivers is TORT liability where the LLC/S-Corp can't help. However, that's where insurance becomes even more important.


Thanks for the info.


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## Ziggy (Feb 27, 2015)

MBENZ_GUY said:


> I tend to believe all that opt out are safe for now.


Yeah ... but the >100K drivers that aren't part of UP and just blindly follow Uber to the alter (albeit sacrificial alter) ... are screwed


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## MBENZ_GUY (May 13, 2015)

Null said:


> You understand a "Sole Proprietorship" is what you are by default right? 100% of your personal assets are at risk in a Sole Proprietorship. In a sole prop. YOU are the company.
> 
> What you meant to advocate was an LLC or S-Corp. However, NEITHER of those will save you from tort liability. What that means is, if you strike a pedestrian due to negligence (for example), the LLC or S-Corp won't do a thing for you from having to pay medical bills, etc. Where the LLC or S-Corp would help is in non-tort cases. For example, you/company are sued because of a breach of contract or professional mistake that causes damages to another party.
> 
> Our biggest exposure as TNC drivers is TORT liability where the LLC/S-Corp can't help. However, that's where insurance becomes even more important.


Hard to imagine most drivers are aware of how much risk they're taking on. I certainly did not.


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## Veal66 (Dec 8, 2014)

joeactuary said:


> atlrider pointed out in another thread that in the new agreement, Uber is now reccomending drivers wait 10 minutes for picking up Pax. I don't know if its new or not or if it affects our cancellation fees but I thought this was important enough for me to repeat here in this thread as this appears to be the main thread about the new arbitration clause going forward.


The 10 minute wait is not set in stone. Here is the language from section 2.2: "In order to enhance User satisfaction with the Uber mobile application and your Transportation Services, it is recommended that you wait at least ten (10) minutes for a User to show up at the requested pick-up location."

The key phrase to me is "it is recommended", meaning we can wait that long if we like (and theoretically make tardy riders happier), but it is not required. And there is nothing in section 2.2 about the cancellation policy.

The cancel policy is mentioned elsewhere in the agreement, but I did not see anything stating a specific fee or time limit for cancellations. I think that is because they are determined by each market. In Boston it's been 5 minutes/$10, and I don't see anything in the partner agreement changing that. They may change the cancel rates in the near future (who knows), but I don't see it in this agreement put out today.


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## Bluesky (Sep 29, 2015)

I love Driving for Uber. I figure me driving for Uber will last 5-7 more years. Than driverless cars will take over.


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## arto71 (Sep 20, 2014)

grams777 I must agree that having a many threads on one topic in not a good idea as I see you/ mods locked it under LA section , but if it wasn't for it I wouldn't visit notification section, maybe you could post under news and advice, lock and redirect here, so more ppl would read it.


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## MBENZ_GUY (May 13, 2015)

Ziggy said:


> Yeah ... but the >100K drivers that aren't part of UP and just blindly follow Uber to the alter (albeit sacrificial alter) ... are screwed


They are screwed if there's a class action (and if you have an accident?) You must admit that some or many, will either 1) drive for 6 months, get frustrated, and quit or 2) Do this as a short term endeavor and never be concerned about suing Uber down the line. The people on this thread and this forum tend to dominated by drivers that Uber would rather cut loose IMO. I'm talking about full timers and/or those that are educated, read, and think critically. TROUBLE MAKERS...lol. Keep up the good fight ladies & gentlemen. I strongly suspect a 60 Minutes expose' or some other type of investigative media will eventually be telling this story.


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## MBENZ_GUY (May 13, 2015)

Bluesky said:


> I love Driving for Uber. I figure me driving for Uber will last 5-7 more years. Than driverless cars will take over.


What do you love about it? I have my reasons. Would like to hear yours.


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## chi1cabby (May 28, 2014)

Articles on Uber's New Partnership Agreement:

*Is Uber trying to pull a fast one on its drivers?*


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## lVh1PZFM7Ai1 (Dec 11, 2015)

Optimus Uber said:


> Opt-Out if they deactivate you they will be sued and will lose. Too many will opt out for them to deactivate all of the drivers. Even though it states if you opt out you wont be deactivated most drivers don't trust Uber and will stay opted in because they are clueless and scared. Don't give up your rights. The arbitration will pay like shit. You want this to go to court and let Uber get what they deserve. They pay us shit rates. It's their time to pay restitution.
> 
> Can't wait for Travis to have his day. Karma is real!!!


So if you opt out, they cannot retaliate against you. But rather than cancelling you, they could simply send you fewer and fewer trips. How would a driver know he/she is being subtly retaliated against?


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## Tera Myke (Dec 1, 2015)

Should I get a Lawyer to look to this over? what exactly are we agreeing to and why are they sending this out?
It appears that if you agree to this then you are not entitled to have a lawyer represent you against Uber at any time.


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## M_silicon_valley (May 13, 2015)

opt'd out.


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## chi1cabby (May 28, 2014)

lVh1PZFM7Ai1 said:


> So if you opt out, they cannot retaliate against you. But rather than cancelling you, they could simply send you fewer and fewer trips. How would a driver know he/she is being subtly retaliated against?





chi1cabby said:


> The Fact is that the Opt-out emails sent by Drivers go to Uber's General Counsel. Drivers' Opt-out Status is Not known to Uber's Local Operations Teams.


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## chi1cabby (May 28, 2014)

Tera Myke said:


> Should I get a Lawyer to look to this over? what exactly are we agreeing to and why are they sending this out?


No you don't need a lawyer for this.


Tera Myke said:


> It appears that if you agree to this then you are not entitled to have a lawyer represent you against Uber at any time.





chi1cabby said:


> Drivers have to Accept the New Partnership Agreement in full in order to be able to login and work.
> 
> Then Drivers have 30 Days to Opt-out of Binding Arbitration Provision, as is their Legal Right.


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## Ziggy (Feb 27, 2015)

MBENZ_GUY said:


> Hard to imagine most drivers are aware of how much risk they're taking on. I certainly did not.


I've always had commercial Livery insurance ... and tried (mostly in vein) to educate drivers that their personal auto policies would not cover them for Uber; and in most cases their personal ins. carrier would drop them for using their vehicle for commercial purposes

Granted commercial Livery insurance is expensive as hell ... but far less expensive than losing everything 'cause you were too cheap to buy adequate insurance.

And probably the best example that Uber does not give a rats ass about the drivers ... was demonstrated to me on day-1 when I went to the Uber office to get activated ... I overheard a driver who had gotten into an accident with pax in car ... and Uber rep told him "we don't cover any damage to your vehicle, we only cover the passenger in your car" ... "you will have to get your car fixed and your personal insurance reinstated before you can drive again" ... to which the driver said something like "my insurance company dropped me because I was driving Uber" ... to which Uber replied "we cannot activate you until your car is fixed and you show proof of insurance". (not quoting verbatim ... as I overheard this 10 months ago) ... but you get the general gist.

Needless to say, as a former LEO ... I knew that personal policies do not cover any commercial ventures ... as such I acquired commercial insurance before hitting the road


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## afrojoe824 (Oct 21, 2015)

gman said:


> So is there any insurance change here in CA as a result of this new agreement? My understanding before is that in CA at least Uber is primary in all three phases. If I get in an accident, Uber will pay with the exception of me and my car. I can live with that. Is there any scenario where I could "lose everything", as many people on the board like to say?


I have Farmers insurance and I drive in LA. Look into it. They have a insurance policy that covers personal and ride share. It's a hybrid policy. I pay $189 a month


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## frndthDuvel (Aug 31, 2014)

grams777 said:


> _*Edited to add some shortcuts to posts in the thread*:_
> 
> *How to Opt Out*:
> 
> ...


A letter from the attorney Shannon Riordan also said to include the state in which you drive.

Riordan's letter said UBER is responding to the decision that included all California drivers into the suit regardless of when they started driving and whether they had opted out or not.


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## afrojoe824 (Oct 21, 2015)

Ziggy said:


> I've always had commercial Livery insurance ... and tried (mostly in vein) to educate drivers that their personal auto policies would not cover them for Uber; and in most cases their personal ins. carrier would drop them for using their vehicle for commercial purposes
> 
> Granted commercial Livery insurance is expensive as hell ... but far less expensive than losing everything 'cause you were too cheap to buy adequate insurance.
> 
> ...


How much do you pay for Livery Insurance? I have a policy under farmers and my agent said it's made specifically for doing ride share if you decide to do it too. I pay $189. wonder if I should double coverage with a livery ins. to be on the safe side


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## grams777 (Jun 13, 2014)

frndthDuvel said:


> A letter from the attorney Shannon Riordan also said to include the state in which you drive.
> 
> Riordan's letter said UBER is responding to the decision that included all California drivers into the suit regardless of when they started driving and whether they had opted out or not.


I did and would include my address. The quote given is directly from the agreement.


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## KeJorn (Oct 3, 2014)

http://www.buzzfeed.com/johanabhuiy...files-motion-to-block-uber-from-e#.wf9Bkn7BMV


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## Tera Myke (Dec 1, 2015)

I think that this is saying that neither Uber or you can bring a group complaint against one another, They do not want a group of drivers and a legal team to go against Uber and they promise not to do the same against the drivers.
Also I believe you can opt out and still drive according to the end of the agreement.


chi1cabby said:


> No you don't need a lawyer for this.


I agree, they also promise not to have a lawyer against you either.
It says you are entitled to opt out and I do not see where it says you can not drive if you opt out.

I think this is Uber saying we do not want a group of drivers coming after us and in return we will not do the same to the drivers. 
Maybe not just drivers but they do not want a group of anyone coming after them in court... frankly who does? lmao
*
*


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## backstreets-trans (Aug 16, 2015)

Bluesky said:


> I love Driving for Uber. I figure me driving for Uber will last 5-7 more years. Than driverless cars will take over.


Some people love spending time in prison for multiple years. They just keep going back for more fun and games. To each their own.


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## BurgerTiime (Jun 22, 2015)

Uber has reached suck it status.


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## UberCemetery (Sep 4, 2014)

For most of us, this should be a no-brainer to opt out since it gives you the option to participate in this class action lawsuit or future ones. It doesn’t mean you are agreeing to sue or even agreeing to be an employee, it just gives you more options down the road. If you don’t opt out, you would have to individually take Uber to arbitration to sue over the employee misclassification lawsuit or any other issue in the future for that matter.


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## MBENZ_GUY (May 13, 2015)

Veal66 said:


> The 10 minute wait is not set in stone. Here is the language from section 2.2: "In order to enhance User satisfaction with the Uber mobile application and your Transportation Services, it is recommended that you wait at least ten (10) minutes for a User to show up at the requested pick-up location."
> 
> The key phrase to me is "it is recommended", meaning we can wait that long if we like (and theoretically make tardy riders happier), but it is not required. And there is nothing in section 2.2 about the cancellation policy.
> 
> The cancel policy is mentioned elsewhere in the agreement, but I did not see anything stating a specific fee or time limit for cancellations. I think that is because they are determined by each market. In Boston it's been 5 minutes/$10, and I don't see anything in the partner agreement changing that. They may change the cancel rates in the near future (who knows), but I don't see it in this agreement put out today.


Cancel fees sure seem like a sore spot.


chi1cabby said:


> No you don't need a lawyer for this.


You are one trusting person. Everything you say can very well be true. My paranoia sends me thoughts of these guys collecting data and using that data to their advantage. I've worked a lot with technical types. These guys LOVE data. "Show me the list of drivers that opted in and opted out. What is their demographic? How long have they been driving. How many hours do they drive? What percentage of the driver pool do they represent?"


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## budfox (Dec 11, 2015)

Just opted out; thanks for all the constructive and helpful posts here.


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## pinoy619 (Nov 30, 2015)

what gonna happen if i optout


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## lVh1PZFM7Ai1 (Dec 11, 2015)

chi1cabby said:


> View attachment 20141


But the local operations team has nothing to do with which ride requests go to what driver. That is determined by the programming team, and the Chief Technical Officer probably has an office right next door to the General Counsel. Who knows how the programmers are tweaking the algorithms - just look at Volkswagon for an example of hidden abuse. And Uber would never be caught, because there is nothing equivalent to a field emissions test.


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## Skinny1 (Sep 24, 2015)

http://q13fox.com/2015/12/10/hate-c...iver-and-accuses-him-of-terrorism-police-say/

Seattle needs to be aware of this and the latest terms , where uber wants nothing to do with what happens between driver and pax. They facilitate the meeting and transaction....they certainly are involved.


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## Uberduberdoo (Oct 22, 2015)

I believe opting out of arbitration gives you the individual the right to file legal action against uber but not being part of any class action, not opting out (doing nothing) means you can't file legal action as an individual but would be part of any class action. Please Correct me if I am mistaken


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## gg mh (Mar 17, 2015)

Optimus Uber said:


> Opt-Out if they deactivate you they will be sued and will lose. Too many will opt out for them to deactivate all of the drivers. Even though it states if you opt out you wont be deactivated most drivers don't trust Uber and will stay opted in because they are clueless and scared. Don't give up your rights. The arbitration will pay like shit. You want this to go to court and let Uber get what they deserve. They pay us shit rates. It's their time to pay restitution.
> 
> Can't wait for Travis to have his day. Karma is real!!!


They can't deactivate anyone now. In the agreement, there is a statement about "no retaliation". That should cover us. The fact that they did this is a win for lawyers against Uber.


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## elelegido (Sep 24, 2014)

gman said:


> So is there any insurance change here in CA as a result of this new agreement? My understanding before is that in CA at least Uber is primary in all three phases. If I get in an accident, Uber will pay with the exception of me and my car. I can live with that. Is there any scenario where I could "lose everything", as many people on the board like to say?


Of course there is a difference.

An uninsured motorist hits and totals your $15,000 car on:

December 10 - Uber's insurance pays you $15,000 - $1,000 deductible
December 11 - Uber's insurance pays you $0


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## Paulhale70 (Oct 26, 2015)

I'm really on the fence about this issue -


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## POMilton (Oct 21, 2015)

So how do quit Uber? Just stop driving or do I have to send a formal notice?


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## gg mh (Mar 17, 2015)

Bluesky said:


> I love Driving for Uber. I figure me driving for Uber will last 5-7 more years. Than driverless cars will take over.


I am trying to make all the money for 2 more years. That will be enough mileage on my Toyota Yaris (currently at 80k).


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## Showa50 (Nov 30, 2014)

chi1cabby said:


> Showa50 I noticed that you posted the screen shot from a 7 pages long Driver Addendum dated Dec 10, 2015. The Driver Addendum is separate from the 21 pages long Dec 11, 2015 Partnership Agreement.
> Can you please post a link to the Driver Addendum. If you don't have a link, you can upload the Addendum to Google Drive or DropBox and post the link to it.
> Thanx!
> 
> ...


chi1cabby here's the link Uber sent me.

https://click.et.uber.com/?qs=0ab98...0b1c23e477d10ddfbf2f9d1b2232844cefe3b6625c444


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## elelegido (Sep 24, 2014)

I've contacted Metromile about the insurance issue. They say they know nothing about Uber withdrawing contingent coverage for drivers' vehicles. Which means that their offering for rideshare drivers now leaves a huge hole in coverage for their Uber customers. At the moment I'm driving an Xchange lease vehicle worth 20 grand. If it gets totalled and I can't get a third party to pay for it, I'm in the hole 20 grand to Uber. F that - I'm going to have to Uber off while I investigate other insurance options. Thanks, Uber!

This is a huge deal for (the 99% of?) us who do not have full livery insurance and are driving a car worth more than, oh I don't know, 3 or 4 grand.


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## KeJorn (Oct 3, 2014)

Paulhale70 said:


> I'm really on the fence about this issue -


About what? Opting out?


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## backstreets-trans (Aug 16, 2015)

I read in another thread that in the new agreement they changed the tip is included to the tip is not included. Anyone have any info on this topic???


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## JSM0713 (Apr 25, 2015)

Hunt to Eat said:


> Well, that settles it. My wait time is now two minutes if no surge, and three minutes if surge. Thank you for highlighting that info, chi1cabby. I was just getting ready to look up that spec. No one's time is more valuable than mine, so the notion of waiting 10 minutes is total equine feces, so I just gained back some of my valuable driving time. Thank you, sir!


Hunt.... I've seen several people say our wait time to two or three minutes, when the new agreement clearly says 10. I just want to know how one comes to that conclusion. And, for the record, I hate having to wait 5 minutes as it is, but 10 is total BS. Please advise.


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## Rachel Galindo (Aug 20, 2014)

OPT OUT TEMPLATE word .doc http://1drv.ms/21W7hke
pdf http://1drv.ms/21W7F2d

Share with everyone


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## SalvatoreUberNJ (Sep 10, 2015)

So wait do I have to accept first before I can Opt out or I should just Opt out first? Also what is the email I would be contacting to Opt out?


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## Uber15 (Jul 12, 2015)

backstreets-trans said:


> After reading the contract it's amazing how much risk is transfered on the drivers for such little reward. Drivers should really consider opening up a sole proprietorship business to protect their other assets. One at fault accident could bankrupt you.


Opening a sole proprietorship will not shield your personal property. The only way you can do that would be forming an LLC or Corp.


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## Uberduberdoo (Oct 22, 2015)

POMilton said:


> So how do quit Uber? Just stop driving or do I have to send a formal notice?


after 1 month with no rides, uber deactivates the account. or you can send them an email, or uninstall the app.


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## EcoboostMKS (Nov 6, 2015)

Uber15 said:


> Opening a sole proprietorship will not shield your personal property. The only way you can do that would be forming an LLC or Corp.


Not true. I used to think this too, but not the case if you personally are at fault.

http://www.litigationandtrial.com/2...llc-to-avoid-personal-liability-in-a-lawsuit/


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## Dts08 (Feb 25, 2015)

driver:

We learned this morning that, following a major victory we obtained in court on Wednesday, Uber is now trying to avoid the court ruling by sending drivers a new agreement that they need to accept in order to continue driving for Uber. This agreement contains a revised arbitration clause, which Uber is using to try to block drivers from being covered by the lawsuits we have brought seeking wage protections and damages for drivers, based on Uber's misclassification of its drivers as independent contractors. We are working now on a motion asking the court to block this new agreement. We believe that Uber's action in trying to prevent drivers from benefiting from our cases is illegal, and we will ask the court to take measures to stop Uber from doing this.

But, if you are a current Uber driver, assuming you want to receive any benefits we may be able to recover for you from our case, YOU SHOULD IMMEDIATELY OPT OUT OF THE NEW ARBITRATION CLAUSE BY SENDING AN EMAIL TO *www.uberlawsuit.com.

http://www.sfgate.com/business/article/Drivers-get-big-boost-in-lawsuit-vs-Uber-6687261.php

http://www.marketwatch.com/story/uber-class-action-can-grow-after-win-for-plaintiffs-2015-12-09

https://news.vice.com/article/that-...igger-and-could-take-down-the-sharing-economy

A final important point I want to share:

Uber has been arguing-in court and in the press--that drivers are independent contractors, and not employees, because they can set their own hours, and Uber makes much of the fact that drivers like setting their own schedules. We don't disagree that drivers like to be able to work whenever they want! The fact that drivers set their own schedules does NOT make them independent contractors. WE ARE NOT CHALLENGING UBER'S SYSTEM OF PROVIDING FLEXIBILITY FOR ITS DRIVERS! We believe that, as Uber operates now, drivers are employees under California law. So if we win this case, there is no reason drivers should lose their flexibility. The judge has agreed that nothing about this case is challenging the drivers being able to set their own hours. OUR ARGUMENT IS SIMPLY THAT, UNDER THE LAW, WHEN DRIVERS ARE WORKING FOR UBER, THEY ARE UBER'S EMPLOYEES AND MUST RECEIVE THE WAGE PROTECTIONS THAT EMPLOYEES RECEIVE.

We will keep you posted on developments in the Massachusetts case. If you want to be sure you are on our list of drivers pursuing claims in the case, in the event that we have to file individual claims (if the arbitration clause is eventually enforced), please contact my assistant Erin O'Reilly, at (617) 994-5800

Fax: (617) 994-5801

www.llrlaw.com*


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## JerseyBoy911 (Nov 14, 2015)

ORT said:


> Do any of you know how many Uber drivers have read and understand this agreement, maybe 5%. Most just click accept so they can go make those few measly dollars.


He's right. .. smdh


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## XUberMike (Aug 2, 2015)

I'm O/O
Count me as out
Anything that comes from Travis can't be good nor on the up & up. Screwber is way too sneeky and just springs this on you.

Today's notice should have read...

Here is the new Driver Agreement, take the weekend to look it over as you will need to agree to it by 12/16/2015 in order to continue driving.

Thank you,
Uber


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## ubersaber9 (Dec 11, 2015)

wgat are the risks of following this:

1) send opt out email
2) accept terms to drive tonight

What are the insurance risks of doing that?


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## Hunt to Eat (Nov 19, 2015)

JSM0713 said:


> Hunt.... I've seen several people say our wait time to two or three minutes, when the new agreement clearly says 10. I just want to know how one comes to that conclusion. And, for the record, I hate having to wait 5 minutes as it is, but 10 is total BS. Please advise.


I just checked with my local office. The agreement recommends waiting 10 minutes. However, the local office just assured me that we still qualify for the cancellation fee after 5 minutes, so I'm back to waiting 5 minutes. Though I personally think 5 minutes if too long to wait, I'll stick to that. But I'm still not going to call or text when I arrive at the pin drop. After all, the pax asked ME to be THERE. What kind of a disrespectful doofus can't be there, too?


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## Hunt to Eat (Nov 19, 2015)

ubersaber9 said:


> wgat are the risks of following this:
> 
> 1) send opt out email
> 2) accept terms to drive tonight
> ...


If you don't have a livery policy of your own, you're essentially driving uninsured.


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## Optimus Uber (Oct 7, 2014)

When you opt out, on the cc line put in your email address or another one of your email addresses, this way you'll have a time and date stamped copy that you sent the opt out email to uber.

Doesn't matter if Uber acknowledges receiving it. You will have a copy that you sent it. It's not your fault if they are moronic and can't do their job properly.

The state of california is going to bankrupt uber. The truth is coming out and Travis will have to wear his scarlett letter the rest of his life. The man who turned the United States into a 3rd world country. By taking advantage of his fellow American's in their time of need. He is nothing more than opportunistic, knowing all the well that the wage they are paying you can't make a living on.

All Uber drivers should apply for WIC for additional support. The cause, Uber.


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## ubersaber9 (Dec 11, 2015)

Hunt to Eat said:


> If you don't have a livery policy of your own, you're essentially driving uninsured.


So it'll be completely moronic to drive for uber as of now?


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## vesolehome (Aug 2, 2015)

Does Uber target you for opting out? Will they drive you to deactivation?


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## Hunt to Eat (Nov 19, 2015)

ubersaber9 said:


> So it'll be completely moronic to drive for uber as of now?


The agreement says you will carry insurance with _industry-standard coverage limits_. The term _industry-standard_ implies the livery industry. You're putting yourself in a helluva risky position if you're not properly insured.


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## second2noone (Nov 3, 2015)

not sure if this mentioned yet...but does it matter if we opt out now rather right before the 30 day time frame?


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## ubersaber9 (Dec 11, 2015)

Hunt to Eat said:


> The agreement says you will carry insurance with _industry-standard coverage limits_. The term _industry-standard_ implies the livery industry. You're putting yourself in a helluva risky position if you're not properly insured.


Thank you, only been driving a week and looks like I'm done. Good-bye super flexible sidecash


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## ORT (Nov 14, 2015)

Why is everyone so worried about being deactivated, they would essentially be doing you a favor, there was life before Uber you know. Some of you act like junkies, and Uber is your heroin, and we all know heroin is real bad for you, just like Uber, slowly but surely the cause of your demise.


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## Joe25nb (Apr 5, 2015)

You guys who keep asking "should I do this or should I do that". Damn you sound like a bunch of illiterate non thinking fools. Sorry to be so harsh but if you read this thread from the beginning (I know it's long) you will see your question has been answered 10 fold. 

If you think uber is looking out for your best interest think again. They are trying to save their asses by counting on you guys to automatically accept their terms. Don't do it! Opt out within the 30 days. If are still driving for uber at the ridicules low rates when the driver has all the risk and uber just keeps lining its pockets on your ignorance, then maybe you should keep driving for them. If you get in an accident, uber doesn't cover you and you better hope your insurance company knows you're a "taxi" service or else they won't be paying either. 

its high time that rat Travis dill weed kalapuke gets what he deserves. I can't believe people still drive for this scumbag. Either you are losing money driving or you're killing yourself by driving 80-100 hrs a week. You are better than that.

Opt out and continue driving if u need too. ( I do understand you have bills and need to feed the family). Hopefully uber will die a quick death and then it be over. Taxis again. Sad thing is uber had a great idea. But they got greedy and forgot to think about the people who actually make uber great. The drivers! 2 things need to happen, either they cap the drivers and or raise the per mile to 1.50 minimum. Heck if I were a passenger I'd sell my car and only use uber if it truly gets to 76 cents a mile.

Please though, think for yourselves and stop asking everyone if you should do this or that. Makes you sound weak. All the answers are in this thread. Just read it.


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## jasc606 (Dec 12, 2015)

Should I bother accepting the agreement at all. I need to make money but not if I'm getting screwed


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## gman (Jul 28, 2014)

Hunt to Eat said:


> If you don't have a livery policy of your own, you're essentially driving uninsured.


I thought in CA the law states that TNC's must provide primary insurance coverage in all three phases. I thought that was all the hullabaloo last July 1.

So no matter what this agreement says if they declined to pay you could just lawyer up and make it happen.

No?


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## HiFareLoRate (Sep 14, 2015)

Uber has clearly exposed the vulnerable and weak.
I only did Uber full time until it got unprofitable and found work else where. I knew this ride wasn't going to last long so I had set a goal to get a job before it was too late.

Based off this thread, it's safe to say that I'm not one in panic whether or not Uber deactivates me.

As I always stated: F Uber and Travis
I'm more than just wheels for degenerates for peanuts.


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## scrurbscrud (Sep 11, 2014)

Just Another Uber Drive said:


> Technically yes you can lawyer up and sue. Winning is a whole other matter. But those who do not opt out of the arbitration clause are agreeing not to sue but to have an arbitrator decide the outcome of the case. Opt out of arbitration and retain you right to sue or don't opt out and let all issues between you and Uber be decided by arbitrators.
> 
> By the way, I am not a lawyer nor do I portray one on the Internet. So this is just my opinion on the subject based on reading the new contract and the consensus of the thread.


The email they sent out was just a big side show to get drivers to overlook the fact that Uber just took another 5% cut out of the drivers pockets for themselves. They can kiss my a** at this point, greedy idiots. They now take 55% of the minimum fare. Screw 'em.


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## scrurbscrud (Sep 11, 2014)

chi1cabby said:


> Details please!


I've been on the 20% Uber cut since I started. The new agreement, BESIDES the re-written arbitration section also has a new rate schedule that moved Uber's cut up to 25% for everyone. Their email notification of course didn't mention that part.

edit: I may have missed the fine print or it could have changed since I opened it Monday, as it was hard to see on my phone in the dark and I didn't accept it, but they did leave it alone for drivers onboarded prior. *My bad*.


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## Fuzzyelvis (Dec 7, 2014)

Bart McCoy said:


> sent email to opt out before, will opt out again
> I never get a confirmation they have received and and actually opted out
> What is Uber just says they never received your opt out email?


Cc it to yourself.


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## frndthDuvel (Aug 31, 2014)

scrurbscrud said:


> I've been on the 20% Uber cut since I started. The new agreement, BESIDES the re-written arbitration section also has a new rate schedule that moved Uber's cut up to 25% for everyone. Their email notification of course didn't mention that part.
> 
> edit: I may have missed the fine print or it could have changed since I opened it Monday, as it was hard to see on my phone in the dark and I didn't accept it, but they did leave it alone for drivers onboarded prior. *My bad*.


That was about a minute of WTF before I hit your edit? hehe


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## Stus56 (Nov 15, 2015)

PTB said:


> I was about to ask why OPT-OUT info goes to Raiser, LLC
> 
> so I decided to check my recent pay info
> 12/02/15 it had UBER TECH
> ...


I have bigger issues agreeing to get rides share insurance to be covered. They are putting all responsibility on the drivers, I only do this part time im not going to have my insurance sky rocket. I dont even know if uber is legal in NJ where I live.


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## BurgerTiime (Jun 22, 2015)

What they did seems pretty damn illegal. It's time for a federal judge to step in and put the brakes on Uber. They are modern day techno thugs.


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## ORT (Nov 14, 2015)

You are not in any way shape or form a Rideshare service, you are a Taxi service, like I have been saying for the longest. And Uber is saying the same, plus you are required to have commercial Taxi livery insurance.


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## ORT (Nov 14, 2015)

chi1cabby said:


> Details please!


I checked, there is nothing there, but it does say they can change the service fee/commission on a whim if they please.


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## Bart McCoy (Nov 4, 2014)

^^^^ and that they will do
service fee and rates, they will do on a whim
like one of my markets, gave us 24hours notice before a rate cut, smh


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## ORT (Nov 14, 2015)

Stus56 said:


> I have bigger issues agreeing to get rides share insurance to be covered. They are putting all responsibility on the drivers, I only do this part time im not going to have my insurance sky rocket. I dont even know if uber is legal in NJ where I live.


It's not. They have been scurrying around the laws for quite some time now, in many states, now all they are doing is making sure they cover their ass, are you covering yours. By you signing and accepting this agreement to use the Uber drivers app to work, you are also agreeing to their provisions, which if you read carefully say you need commercial insurance, it's up to you, if anything happens you are SOOL.


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## EcoboostMKS (Nov 6, 2015)

ORT said:


> You are not in any way shape or form a Rideshare service, you are a Taxi service, like I have been saying for the longest. And Uber is saying the same, plus you are required to have commercial Taxi livery insurance.


They really don't want that though. They'd know they'd lose 99% of their workforce.


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## ORT (Nov 14, 2015)

EcoboostMKS said:


> They really don't want that though. They'd know they'd lose 99% of their workforce.


Maybe this was not clear enough for you, read what you signed and agreed to, real slow, do it a few times so it can sink in. They are covering their ass, are you covering yours.


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## EcoboostMKS (Nov 6, 2015)

ORT said:


> Maybe this was not clear enough for you, read what you signed and agreed to, real slow, do it a few times so it can sink in. They are covering their ass, are you covering yours.


I know what I agreed to. I have commercial insurance... I'm covered. I'm just saying there'd be no uber if they really wanted their "partners" to get commercial insurance. They'd never be able to charge what they charge if they didn't have drivers going around on personal auto insurance. There'd be no uberx. At least not like the one we have today.


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## ORT (Nov 14, 2015)

EcoboostMKS said:


> I know what I agreed to. I have commercial insurance... I'm covered. I'm just saying there'd be no uber if they really wanted their "partners" to get commercial insurance. They'd never be able to charge what they charge if they didn't have drivers going around on personal auto insurance. There'd be no uberx. At least not like the one we have today.


Exactly, but as I said, they are covering their ass. I also have commercial insurance, can not operate without it in NYC.


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## EcoboostMKS (Nov 6, 2015)

ORT said:


> Exactly, but as I said, they are covering their ass. I also have commercial insurance, can not operate without it in NYC.


I know how it works with you guys. I'm in NYC every day and see the uberx drivers everywhere. Just spent the last few hours waiting for a flight in the jfk cell phone lot. That place is like an uberx ant hill.

Agreed they're just covering their ass, but they don't mean a word of it. The last thing they want is for these guys to go out and be forced to get commercial insurance. Like I said earlier, they'd lose 99% of their workforce and would never be able to charge what they charge.

It's not a coincidence that the one place uber is regulated for uberx, they're actually more expensive than regular taxis.


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## Bobosh (Nov 11, 2015)

MBENZ_GUY said:


> Hard to imagine most drivers are aware of how much risk they're taking on. I certainly did not.


After I read the agreement I just asked myself if I should really continue. There is way too much risk involved.


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## ORT (Nov 14, 2015)

EcoboostMKS said:


> I know how it works with you guys. I'm in NYC every day and see the uberx drivers everywhere. Just spent the last few hours waiting for a flight in the jfk cell phone lot. That place is like an uberx ant hill.
> 
> Agreed they're just covering their ass, but they don't mean a word of it. The last thing they want is for these guys to go out and be forced to get commercial insurance. Like I said earlier, they'd lose 99% of their workforce and would never be able to charge what they charge.
> 
> It's not a coincidence that the one place uber is regulated for uberx, they're actually more expensive than regular taxis.


No we are not more expensive, actually we are cheaper, which is absurd, since we are dispatch and not street hail, and yes the streets are crawling with ubers. I stopped doing Uber for one week now.


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## ubersaber9 (Dec 11, 2015)

Bobosh said:


> After I read the agreement I just asked myself if I should really continue. There is way too much risk involved.


 Exactly, I'm giving this a week or two before I take any action. If I'm not insured under uber there is no way I'm going on the road. If it's as shady as I think it is, they judge will rule in favor of the drivers.

I'm not in favor of a lot of things people are asking for, however insuring your drivers absolutely needs to be addressed


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## EcoboostMKS (Nov 6, 2015)

ORT said:


> No we are not more expensive, actually we are cheaper, which is absurd, since we are dispatch and not street hail, and yes the streets are crawling with ubers. I stopped doing Uber for one week now.


You sure about that? I know the fare calculations are different, but I know i've read article that say that yellow taxis are slightly less expensive. I can look around and see if i can find them, but a quick google search of nyc taxi vs uber price will bring up a few of them.


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## jake17g (Oct 10, 2015)

arto71 said:


> Is it a "must "to state our intent in opt out email ? If so any advice /suggestion afrojoe824 ,UberComic ?


My name is (name) and I live in (state). I am formally notifying Uber of my intent to opt-out of the arbitration provision on this day, December 11 2015. Thank you


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## PTB (Feb 3, 2015)

LA Times article titled
"Uber tries to limit size in class-action lawsuit with new driver contract"

clearly explains Uber's objectives in re-drafting the agreement and the current Class Action Lawsuit


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## Fuzzyelvis (Dec 7, 2014)

PTB said:


> Ok let's look ahead to June 20, 2016
> Please describe possible outcomes
> When drivers are then defined as employees
> 
> ...


If you're an employee in a right to work state they can get rid of you and give no reason. Or a stupid one as long as it's not covered by discrimination laws.

BUT if it's not a "good reason related to the job" you're fired for then you qualify for unemployment.

You can also quit for no reason without repercussions. But if YOU quit you don't get unemployment. Unless it's a "good reason related to the job" from your end--harassment or a dangerous work environment for instance.

In states with work contracts I assume that just to get rid of you they have to show a good reason. I'm in TX so I can be fired for almost anything. Or nothing.

Right to work should be called right to fire.


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## driveLA (Aug 15, 2014)

Show me the moneyyyyy


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## ubersaber9 (Dec 11, 2015)

Has uber screwed themselves with their agreement today or are they hoping nobody read it and people are driving around uninsured


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## ORT (Nov 14, 2015)

ubersaber9 said:


> Has uber screwed themselves with their agreement today or are they hoping nobody read it and people are driving around uninsured


They know that no one has read it, seriously, have you checked this forum, do you think anyone has read it, maybe 5% in this forum "and only because it was shoved into their face", and 1% outside this forum.


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## Whiteorchids (Oct 7, 2015)

Joe25nb said:


> You guys who keep asking "should I do this or should I do that". Damn you sound like a bunch of illiterate non thinking fools. Sorry to be so harsh but if you read this thread from the beginning (I know it's long) you will see your question has been answered 10 fold.
> 
> If you think uber is looking out for your best interest think again. They are trying to save their asses by counting on you guys to automatically accept their terms. Don't do it! Opt out within the 30 days. If are still driving for uber at the ridicules low rates when the driver has all the risk and uber just keeps lining its pockets on your ignorance, then maybe you should keep driving for them. If you get in an accident, uber doesn't cover you and you better hope your insurance company knows you're a "taxi" service or else they won't be paying either.
> 
> ...


I thought here in CA we were covered by Uber if we had a pax in the car. Is this no longer the case?


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## ORT (Nov 14, 2015)

Whiteorchids said:


> I thought here in CA we were covered by Uber if we had a pax in the car. Is this no longer the case?


Does your insurance company know you are doing Taxi work, if not, then you are SOOL.


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## Uber 1 (Oct 6, 2015)

Weatherdawg said:


> I read the whole thing this morning (great toilet reading) and noticed a few things that are new, probably because of legal actions in various states.
> 1) Workman's Compensation clause - basically saying that they don't have to provide workman's comp insurance
> 2) Clarification of the binding arbitration and a new chance to opt-out. - Basically, if you opt out, you can litigate individually and take them to court instead of an arbitrator. You always had the chance to opt out after 30 days (see many people's signatures) but a lot of people don't know better in their newbie period, then it's too late. Everyone has the chance until 1/10/16 now.
> 3) Specifically saying "no gratuity is included in the fare" in the agreement.
> ...


#4 seems to imply that we ARE able to negotiate rates with the pax IF they are LOWER than Ubers rates.....Yeah....I can see THAT happening! ;-O

FWIW - I am opting OUT and recommend others do as well.....

Andy


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## Whiteorchids (Oct 7, 2015)

Uber 1 said:


> #4 seems to imply that we ARE able to negotiate rates with the pax IF they are LOWER than Ubers rates.....Yeah....I can see THAT happening! ;-O
> 
> FWIW - I am opting OUT and recommend others do as well.....
> 
> Andy


I was talking about car insurance. I'm completely confused by all this. I haven't driven for almost four weeks. I'm busy with Christmas shopping and all that.


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## shpana69 (Nov 9, 2015)

ORT said:


> No we are not more expensive, actually we are cheaper, which is absurd, since we are dispatch and not street hail, and yes the streets are crawling with ubers. I stopped doing Uber for one week now.


You should stop for good


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## ORT (Nov 14, 2015)

shpana69 said:


> You should stop for good


I did, taking care of my private clients, and getting my hack license, no star garbage ratings, street hails and cash tips, not sitting for hours waiting for a $5 job.


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## Whiteorchids (Oct 7, 2015)

shpana69 said:


> You should stop for good


I need the extra to help pay for bills.


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## ORT (Nov 14, 2015)

Whiteorchids said:


> I need the extra to help pay for bills.


Get a hack license, leave Darth Vadder "I meant TK" and the dark side of the force.


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## gman (Jul 28, 2014)

Whiteorchids said:


> I thought here in CA we were covered by Uber if we had a pax in the car. Is this no longer the case?


Well here are the California TNC regulations:

http://www.cpuc.ca.gov/PUC/Enforcement/TNC/TNC+Insurance+Requirements.htm

Pretty sure Uber would have to pay up if push came to shove. I think some people are reading too much into the insurance part of this new agreement.


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## Drive_Me_Not (Dec 12, 2015)

It's amazing as it claims to be a "technology company" that Uber won't give drivers the option to Opt out on the app but only the option to Agree. This tells a lot about its deceptive practices.


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## CDavisarebel (Nov 8, 2015)

Realityshark said:


> Their were many parts that I noticed designed to screw over the drivers. Here's where they say they have no responsibility to provide insurance or cover their drivers if you get into an accident. Essentially, most drivers are risking everything they own if they get into an accident.
> 
> Section 8.4: "Company and its Affiliates are not required to provide you with any specific insurance coverage for any loss to you or your Vehicle."
> 
> ...


I like the Chris Farley part you put in....live in a van down by the river!


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## Cooluberdriver (Nov 29, 2014)

chi1cabby said:


> Showa50 I noticed that you posted the screen shot from a 7 pages long Driver Addendum dated Dec 10, 2015. The Driver Addendum is separate from the 21 pages long Dec 11, 2015 Partnership Agreement.
> Can you please post a link to the Driver Addendum. If you don't have a link, you can upload the Addendum to Google Drive or DropBox and post the link to it.
> Thanx!
> 
> ...


I have the original agreement from two years ago if anyone wants me to post it?


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## POMilton (Oct 21, 2015)

ubersaber9 said:


> So it'll be completely moronic to drive for uber as of now?


It's probably safer to sell weed now than to drive for uber. Less liability. HA!


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## elelegido (Sep 24, 2014)

chi1cabby said:


> *Hold your horses!*​
> This is what Section 8.4 of Dec 10 Partnership Agreement actually says:
> 
> View attachment 20173
> ...


Yes, I read 8.4. When Uber says that it is not required to provide any specific cover for losses to me or my vehicle, I interpret that to mean that Uber is not required to provide any specific cover for losses to me or my vehicle.

Is your interpretation of this clause any different, and if so, how?

I have asked Uber for definitive confirmation or denial of future coverage provision for losses to drivers' vehicles during periods 2 and 3. If I can get the issue escalated and receive a non-gibberish answer, I'll post it here.


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## Optimus Uber (Oct 7, 2014)

Not sure if this has been covered, it's a long thread and I didn't go through all of it. So if it's redundant, my apologies.

Just a thought. What Uber is doing isn't legal. They should make you opt-in if you want to be part of the arbitration. Having you opt-out isn't legal. 

That's what happened when all these companies would opt-in your email address when you would buy something online and then sell off your email.

You notice now you have to check a box on check out if you want to receive email promotions.

It's like those kids that come around and paint the numbers on your curb. They say if you don't want the service tape the notice to your curb and we will pass you by. When what they should be saying is if you want ther service then tape the notice to your curb.

Judge is going to know they are playing a game with the arbitration. Also, you can't opt-in just by accepting the terms and conditions. They have to have an acknowledgement like a check box that states if you want to opt-in to the Binding Arbitration then check this box.

They way they are wording it is deceptive. The court isn't stupid. This is just more of Uber's Double Talk. Anyone with normal brain capacity can see it.

The Judge is going to throw it out and state we don't have to opt-out of it but we have to opt-in to it.

Just like Uber's incompetent Tech Team, their legal team seems to be full of moronic millenials as well.

The lawyer will win her argument. Uber will not be allowed too automatically opt you into the arbitration. Not smart of Uber to try and play the judge for stupid. The more they do this the higher our damage settlement will be. Feeling pretty excited knowing, not only can't Uber hire people qualified to program an app, but they also can't hire qualified legal representation.


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## BurgerTiime (Jun 22, 2015)

Most drivers have no idea how much burden Uber is placing on drivers now. Even with thier so-called "insurance" you will be screwed if the passenger decides to sue you in civil court too! It's time to find another job that won't cost you into a lifetime of debt!! 
The new agreement seems highly illegal as well. Forcing drivers to accept terms and not knowing the verbage makes an unlevel understanding working environment. Many do not speak English well, nor would ever understand the legal ramifications of this contract. You should be given the option yay or nay in the app to continue to work reguardless of your decision. If you don't accept terms, you cannot go back online to earn income and for that reason alone Uber should be slapped with a multi million dollar FINE!


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## Hunt to Eat (Nov 19, 2015)

chi1cabby said:


> *Hold your horses!*​
> This is what Section 8.4 of Dec 10 Partnership Agreement actually says:
> 
> View attachment 20173
> ...


But the point remains, if a driver is on the streets providing livery services through Uber, Lyft, etc, that driver is putting himself and his assets (current and future) at great risk.


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## Hunt to Eat (Nov 19, 2015)

gman said:


> I thought in CA the law states that TNC's must provide primary insurance coverage in all three phases. I thought that was all the hullabaloo last July 1.
> 
> So no matter what this agreement says if they declined to pay you could just lawyer up and make it happen.
> 
> No?


I'm not in California.


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## ORT (Nov 14, 2015)

Hunt to Eat said:


> But the point remains, if a driver is on the streets providing livery services through Uber, Lyft, etc, that driver is putting himself and his assets (current and future) at great risk.


That's why in NYC and a few other states you can not operate any Taxi/FHV/Livery service with standard license plates, and you need to be covered by commercial liability insurance.


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## Hunt to Eat (Nov 19, 2015)

ubersaber9 said:


> Thank you, only been driving a week and looks like I'm done. Good-bye super flexible sidecash


That's a wise decision, at least until the insurance problems is ironed out in such a way as to NOT bend the drivers over.


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## Hunt to Eat (Nov 19, 2015)

ORT said:


> That's why in NYC and a few other states you can not operate any Taxi/FHV/Livery service with standard license plates, and you need to be covered by commercial liability insurance.


Exactly!


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## Optimus Uber (Oct 7, 2014)

I'll be honest. I don't want uber to survive. I want these attorneys to liquidate uber. Every folding table, every folding chair. I want travis' to be the new poster child on what not to do when starting a company. 

There is no way uber has a $50 billion dollar valuation. That's uber propaganda as well. Probably paid off the analyst that was dumb enough to make the statement. 

Karma is coming for Travis. And it's coming quicker than you think. Not sure who's going to get you first, the investors, the attorney's or just your moronic way of managing what could've been a good business. 

Not scared of stupid. Can't deactivate someone that no longer drives for sweat shop wages. 

Life is going to catch up with you Travis. Sooner than you think.


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## elelegido (Sep 24, 2014)

gman said:


> Well here are the California TNC regulations:
> 
> http://www.cpuc.ca.gov/PUC/Enforcement/TNC/TNC+Insurance+Requirements.htm
> 
> Pretty sure Uber would have to pay up if push came to shove. I think some people are reading too much into the insurance part of this new agreement.


Yes, the law in CA states that Uber insurance is indeed primary _for third party liability._ This means that if you hit someone, or injure a passenger, or damage someone else's property _and_ it's your fault, then Uber's insurance must pay up.

My point is that the new agreement removes Uber _comprehensive_ cover for the driver's own vehicle. The CA legislation makes no requirement for any TNC to cover drivers' vehicles. It only requires cover for third party liability.


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## elelegido (Sep 24, 2014)

Hunt to Eat said:


> But the point remains, if a driver is on the streets providing livery services through Uber, Lyft, etc, that driver is putting himself and his assets (current and future) at great risk.


I don't see it that way. I see nothing in the new agreement which removes Uber's existing $1m third party liability cover. Meaning that drivers won't "lose everything" in the event they cause a catastrophic accident and consequent damage/loss to someone. What it does say, however, is that they will now not provide coverage for drivers' cars, or for drivers themselves. Which means that a driver's loss in the event if an accident will be limited to the vehicle he uses for Uber, plus any medical bills for his own injuries sustained.


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## DP (Mar 13, 2015)

I opted out, i believe we are employees. I believe we are being taken advantage of, we have been misclasified we have little control of anything. Please opt out so we can stand strong


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## elelegido (Sep 24, 2014)

Optimus Uber said:


> Not scared of stupid. Can't deactivate someone that no longer drives for sweat shop wages.


You still haven't replied - back in August you boasted via a screenshot of your own Uber dashboard that you had annual gross revenues of $100,000 through Uber. What went wrong?!?!


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## elelegido (Sep 24, 2014)

chi1cabby said:


> But Section 8.4 doesn't say that. I have no idea what 8.4 is Realityshark quoted in his post.
> 
> This what 8.4 says in the New Agreement:
> View attachment 20193


Yeah, we are looking at the same 8.4. From the excerpt you posted above:

"...Company and its affiliates are not required to provide you with any specific insurance coverage for any loss to you or your vehicle.."

Again, I interpret this to mean that the company is not required to provide me with cover for any loss to me or my vehicle. I don't see how this can be interpreted any other way, but if I am missing something and this does actually mean that Uber will continue to cover my vehicle then please explain.


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## chi1cabby (May 28, 2014)

*ORT* please stop posting screenshots from *The Driver Addendum and Partnership Agreement for NYC UberX Drivers.* They doesn't apply to anyone else but NYC UberX Drivers!

















NYC UberX Drivers are required to have their own commercial livery insurance. UberX Drivers in other markets area NOT!









That only applies to UberTaxi (UberT in NYC) Drivers!

LAuberX grams777 we need the mods to clean up this insurance misinformation mess.


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## chi1cabby (May 28, 2014)

elelegido Section 8.4 is exactly the same in the New Dec 2015 Agreement and the old Nov 2014 Agreement.


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## Just_in (Jun 29, 2014)

What's up with the "Customer" wording as too Customer and or Driver. Aren't you guys "Partners" ?

Am I missing something here with the wording?

Edit section:8.1 dec10


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## elelegido (Sep 24, 2014)

chi1cabby said:


> elelegido Section 8.4 is exactly the same in the New Dec 2015 Agreement and the old Nov 2014 Agreement.
> View attachment 20199
> 
> View attachment 20200


That is very interesting. I know that Uber used to cover drivers' vehicles during periods 2 and 3 - a pax caused $900 worth of damage to my previous vehicle, and Uber's insurance did pay up, albeit after first denying coverage. That was after November 2014.

So I suppose what this means is that contractually they are not obliged to provide any cover for our vehicles, but in practice they may do.

I'll see if I get an answer to this from the horse's mouth.


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## ORT (Nov 14, 2015)

chi1cabby said:


> *ORT* please stop posting screenshots from *The Driver Addendum and Partnership Agreement for NYC UberX Drivers.* They doesn't apply to anyone else but NYC UberX Drivers!
> 
> View attachment 20194
> 
> ...


That's fine and dandy, but at the end of the day, Uber could care less about any of the drivers, as a driver that conducts commercial public transportation work should be covering themselves, not hopping some second entity has your back when things turn sour. It's human nature to take chances, but in this instance is the risk reward justified for the chance taken, everyone in here knows that the majority of drivers are operating commercial public transportation services without their motor vehicle insurance policy covering them for such work, for many people who are clueless to this business it is a serious risk they are taking, especially for the ones with property and other investments. 
Do you seriously think this scrupulous company will have your back "when all you are to them is only some interchangeable commodity". 
I could care less what anyone in here does, as they will do what is best for them, and nothing I or you "you can keep preaching till the cows come home" will say will change that. 
At the end of the day, everyone should remember who they are dealing with, and if what this company has been constantly doing to it's drivers is not enough for anyone to open their eyes, then I don't know what is.


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## rtaatl (Jul 3, 2014)

Ziggy said:


> I've always had commercial Livery insurance ... and tried (mostly in vein) to educate drivers that their personal auto policies would not cover them for Uber; and in most cases their personal ins. carrier would drop them for using their vehicle for commercial purposes
> 
> Granted commercial Livery insurance is expensive as hell ... but far less expensive than losing everything 'cause you were too cheap to buy adequate insurance.
> 
> ...


Well stated...yet there lies a problem, at least here in Georgia as where not just anyone can buy commercial insurance. You have to be licensed and registered as a livery carrier (class b) to do so. So the UberX drivers are stuck in the middle.


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## EcoboostMKS (Nov 6, 2015)

rtaatl said:


> Well stated...yet there lies a problem, at least here in Georgia as where not just anyone can buy commercial insurance. You have to be licensed and registered as a livery carrier (class b) to do so. So the UberX drivers are stuck in the middle.


I think that's the case everywhere. It's definitely the case in CT. You can't just go out and put commercial insurance on any vehicle. There are prerequisites to get that commercial insurance - federal DOT approval, state DOT approval, commercial license plates, etc. You need approval for all those things before you can actually have commercial insurance on a car.


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## chi1cabby (May 28, 2014)

ORT said:


> That's fine and dandy,


That's fine and dandy, but your post has nothing to do with the Partner Agreement for non NYC Drivers. And neither do your screenshots for insurance requirements for NYC Drivers. 

grams777 LAuberX this is moderated thread, with other threads on the New Agreement having been locked down. Please ensure that the thread stays On Topic and narrowly focused to providing guidance to forum members on the Agreement, it's Arbitration Provision and Opting Out of the Arbitration Provision.

Thank you!


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## Exit67 (Jul 16, 2015)

Alway opt out of arbitration - cable TV, cell phone and wherever else you find it.


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## scrurbscrud (Sep 11, 2014)

frndthDuvel said:


> That was about a minute of WTF before I hit your edit? hehe


It's my natural reaction when dealing with Uber to over react, expecting to get hosed and imposing that sight in quick glances at fine print in the dark. If this gig wan't so freakin' marginal it wouldn't be a problem, BUT when a driver sits at the point where a nickel less means you do this gig or not, it's somewhat critical to read critically first. Sort out the pieces later.

Yes, where I drive new drivers are getting a 25% Uber cut. But this isn't news here as it's happened in a lot of places. It may have even hit here prior and I just didn't see it, which would not be unusual either.


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## chi1cabby (May 28, 2014)

To arto71 and others, I've updated the sample opt-out email:










*To: [email protected]

Subject: Opting Out of Binding Arbitration Provision

Date: (Today's Date)

I, (Your Name), hereby notify Uber & Rasier LLC of my intent to Opt-out of The Binding Arbitration Provision of Rasier Technologies Services Agreement.

I have from here onwards elected to Opt Out of the Binding Arbitration Provision of the Partner Agreement.

Your Name
Your Address.
*


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## ginseng41 (Nov 30, 2014)

I have to wonder why none of the state's are challenging uber in verifying that drivers have the proper personal insurance. They require a copy of our policy and can see what type we have. In Virginia we had to register our cars with the dmv bur the drivers I've spoken with don't have the hybrid policy I've got and we can't drive uber x with a true commercial policy here.


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## Bobosh (Nov 11, 2015)

ubersaber9 said:


> Exactly, I'm giving this a week or two before I take any action. If I'm not insured under uber there is no way I'm going on the road. If it's as shady as I think it is, they judge will rule in favor of the drivers.
> 
> I'm not in favor of a lot of things people are asking for, however insuring your drivers absolutely needs to be addressed[/QUOTE
> 
> I haven't driven since I read the agreement. Uber covers liability and the passenger in case of an accident. Do they even cover you as a driver? What if you get hit by an uninsured driver? If you go to your insurance, they won't cover you either and will likely drop you because of driving for Uber. Then you'll be left with a wrecked car and possibly a lawsuit from your passenger. I think anyone driving without commercial insurance is walking on thin ice.


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## gman (Jul 28, 2014)

ORT said:


> it is a serious risk they are taking, especially for the ones with property and other investments.


My understanding is your passenger would be covered, just not you or your car. In my case, I have excellent health insurance through my regular employer and I can easily afford to replace my car with the extra money I've made "ubering". So I'm playing with house money at this point.


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## ORT (Nov 14, 2015)

gman said:


> My understanding is your passenger would be covered, just not you or your car. In my case, I have excellent health insurance through my regular employer and I can easily afford to replace my car with the extra money I've made "ubering". So I'm playing with house money at this point.


Does your employers insurance cover you for workers comp if hurt outside your workplace, I don't think so.


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## JaredJ (Aug 7, 2015)

I opted out of my original agreement. That was October 2013. It's cut and dry.

I believe Uber drivers should remain independent contractors. But I'm one of the few that still makes good money driving. Some people just shouldn't be their own boss. Nay, most people.


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## chi1cabby (May 28, 2014)

This is a screenshot from the 1st page of a 43 page long Microsoft Word comparison between Nov 10, 2014 & Dec 10/11, 2015 Partner Agreements.

*The Underlined Text in Red* is new addition to the New Dec 2015 PA.
*The Strike Through Text in Red* was present in the old Nov 2014 PA, but is deleted in the New Dec 2015 PA.

43 Page Comparison pdf (588KB):
*https://www.dropbox.com/s/q1fhqntuv759k67/PA Comparison.pdf?dl=0*


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## gman (Jul 28, 2014)

ORT said:


> Does your employers insurance cover you for workers comp if hurt outside your workplace, I don't think so.


If I break my leg, I go to the doctor and they fix me up. $35 co-pay. A couple years ago I dislocated my toe surfing. They didn't ask me how I did it, they just took care of it. So if I'd done it driving for Uber you're saying they wouldn't cover it? lol


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## Bobosh (Nov 11, 2015)

gman said:


> If I break my leg, I go to the doctor and they fix me up. $35 co-pay. A couple years ago I dislocated my toe surfing. They didn't ask me how I did it, they just took care of it. So if I'd done it driving for Uber you're saying they wouldn't cover it? lol


But you're spend time healing with no pay. You might get sick time from your other job but not every Uber driver has that


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## ginseng41 (Nov 30, 2014)

gman said:


> If I break my leg, I go to the doctor and they fix me up. $35 co-pay. A couple years ago I dislocated my toe surfing. They didn't ask me how I did it, they just took care of it. So if I'd done it driving for Uber you're saying they wouldn't cover it? lol


I think it's a bit different. Workers comp covers income you can't earn if you're injured at work too. I would also worry about injuries like a customer punching you in the face with no assets to cover bills


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## JaredJ (Aug 7, 2015)

So to summarize:

- added an ADA ( Americans with Disabilities Act) clause

- Further states gratuity isn't included in the fare

- Uber isn't responsible for you not paying your taxes

- Locked up the arbitration clause (in result of recent legal findings)

It would be nice if Ubers lawyers redlined agreements.

I agreed to it assuming it was about the arbitration issues i had read about in the news. Its not like we can line item the agreement and send it back to Uber law for approval. Good job with the comparison PDF. All in all... Nothing unexpected.


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## Bluesky (Sep 29, 2015)

MBENZ_GUY said:


> What do you love about it? I have my reasons. Would like to hear yours.


I like the fact that I am not an employee. I like the fact that I am not part of a union. I can work when I want. As much as I want to.

When I started Uber...I knew what I was getting into. Uber laid it out....and I accepted it. Unions represent Union bosses.

5-7 years Uber will use driverless cars. Drivers are going to have to deal with it. Giving money to union bosses is stupid.


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## Kruhn (Sep 24, 2015)

So after reading this lovely thread why should you opt out of the Arbitration Clauses on the "new and improved" Service Agreement?

Do you really want Travis Kalawhateverhisnameis to choose the judge and venue in case a dispute arises between you and Uber? That is exactly what arbitration is. Uber chooses a law firm that specializes in arbitration and will want that you *to show up at the location they chose to arbitrate this case!
*
Do you think Tampa driver, or you Orlando, Austin, Baltimore, Dallas, Seattle, Washington driver, think they'll choose a location in your city? Does any Uber driver in these United States think that the arbitration venue will be in your city? If you do, I have a nice bridge to sell you in New York City.

Then there is the matter of the mediator. Do you think a person hired by none other than Uber is going to be completely fair? If you are one of those think judges are bought and sold, what do you think someone who actually gets a check from Rasier or Uber Tech, or whatever is going to do to ensure impartiality?

Every single one of us have been given a new opportunity because very few read the Terms of the Service Agreement when we first signed up to Uber. Send the opt out email. Make sure you keep a couple of copies handy and ensure you can use any and all legal recourses available to you!

You've been given a second chance! Very rarely do we, the little guy get that. Don't waste it!


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## Nitedriver (Jun 19, 2014)

It's nothing else then a revised TOS and of course the plaintiff (Shannon Liz Riordan will try to quash it as not enforcable (ex FedEx case).Uber is just protecting themself from the lawyers chiming in to the $$$ game.(keep in mind even if you opt out you might only get your $20 check).

Honestly I will not opt out as I like the business model as it is , and it would not exist anymore if they ever would change it. And if that happens it would be sold to another big corp and you can say goodbye to the 1099 buzinezz.

It's funny that lot's of people don't know about the arbitration process, it's that little fine print on every credit card agreement that actually nobody really reads.On one hand when you opt out in certain cases it protects the consumer (let's say you have an exorbant APR like 30%) , on the other hand it protects the company from frivolous lawsuits. 

However no I will not opt out and continue to be part of the 1099 economy as it fits my needs !!


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## JaredJ (Aug 7, 2015)

Nitedriver said:


> It's nothing else then a revised TOS and of course the plaintiff (Shannon Liz Riordan will try to quash it as not enforcable (ex FedEx case).Uber is just protecting themself from the lawyers chiming in to the $$$ game.(keep in mind even if you opt out you might only get your $20 check).
> 
> Honestly I will not opt out as I like the business model as it is , and it would not exist anymore if they ever would change it. And if that happens it would be sold to another big corp and you can say goodbye to the 1099 buzinezz.
> 
> ...


 ^this. I opt out of all arbitration. Target sells envelopes for cheap.  Its not because I file constant lawsuits. It's because I hate arbitration.


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## chi1cabby (May 28, 2014)

Nitedriver said:


> *.(keep in mind even if you opt out you might only get your $20 check)*


The #UberLAWSUIT has been expanded to include Drivers' Vehicle & other related expenses. The Judge has accepted ¢57.5/Mile as reasonable Vehicle expenses. If Drivers win the case, they stand to be reimbursed thousands of $$ per driver.

The lawsuit contract between the Drivers and Atty Shannon Lis Riordan splits the judgement award at two thirds to the Drivers and one third to the Attorneys. *It won't be a puny $20 check.*


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## afrojoe824 (Oct 21, 2015)

chi1cabby said:


> The #UberLAWSUIT has been expanded to include Drivers' Vehicle & other related expenses. The Judge has accepted ¢57.5/Mile as reasonable Vehicle expenses. If Drivers win the case, they stand to be reimbursed thousands of $$ per driver.
> 
> The lawsuit contract between the Drivers and Atty Shannon Lis Riordan splits the judgement award at two thirds and one third. *It won't be a puny $20 check.*


agreed. Also, Imagine if they have to pay all those vehicle expenses to their drivers? Travis will ask for more billions of dollars from his investors to cover the cost. Furthermore, imagine the possibilities? Rates might go higher again to cover the cost.

Or they could just rape the drivers again by increasing commission and SRF. We shall see.


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## chi1cabby (May 28, 2014)

Nitedriver said:


> It's funny that lot's of people don't know about the arbitration process, it's that little fine print on every credit card agreement that actually nobody really reads.


And you might be one of the many people who "don't know about the arbitration process".

*Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*

_"So how is the company hoping to combat lawsuits in the future? By charging an insane amount of money to go into arbitrage. The fine print in Uber's driver contract features a clause that requires drivers to open arbitrator disputes with a mediation service called JAMS.That company charges $7,000 per day and requires a $5,000 retainer fee to start the process. The fine print in Uber's contract requires that drivers who move into arbitration pay half of the fees associated with the complaint.

JAMS spokeswoman Victoria Walsh tells Bloomberg that to date, not a single arbitrage case has been filed against Uber."
_


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## Neil Yaremchuk (Sep 28, 2015)

Hunt to Eat said:


> I'm not a lawyer but I once played one in a school play. I'll have a look.


You played Atticus Finch in your 7th grade drama group for To Kill A Mockingbird.


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## Neil Yaremchuk (Sep 28, 2015)

I opted out previously. I have to do this again? Not a problem. Do you ever receive confirmation when sending this opt out email?


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## Neil Yaremchuk (Sep 28, 2015)

afrojoe824 said:


> agreed. Also, Imagine if they have to pay all those vehicle expenses to their drivers? Travis will ask for more billions of dollars from his investors to cover the cost. Furthermore, imagine the possibilities? Rates might go higher again to cover the cost.
> 
> Or they could just rape the drivers again by increasing commission and SRF. We shall see.


How do you get in in this class action law suit? I never saw anything to get in on the list.


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## Nitedriver (Jun 19, 2014)

chi1cabby said:


> And you might be one of the many people who "don't know about the arbitration process".
> 
> *Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*
> 
> ...


I know the game, been to court many times ..


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## chi1cabby (May 28, 2014)

Neil Yaremchuk said:


> I opted out previously. I have to do this again?


Yes.
This is a new Partner Agreement, so another email to [email protected] is needed.


Neil Yaremchuk said:


> Do you ever receive confirmation when sending this opt out email?


No.
CC yourself the email.


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## Neil Yaremchuk (Sep 28, 2015)

BlackDog said:


> Thanks for the post. Looks like there team of lawyers have it seal up tight to protect Uber. Just shows what money can buy in this capitalistic market. No risk to Uber. Transfer all risk to drivers. Uber makes Billions. Unless drivers can have a collective voice Uber does not want to do anything that involves moral fiber/community responsibly/ or dignity to drivers.


Moral fiber? Why Pappy O'Daniels invented moral fiber.


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## chi1cabby (May 28, 2014)

Nitedriver said:


> I know the game, been to court many times ..


 Good for you!

After all it is upto individual Drivers whether they choose to Opt-out or not Opt-out of the Binding Arbitration Provision (BAP) of the Partner Agreement (PA).

But my post was to illustrate that Drivers who Do Not Opt-out of Binding Arbitration Provision have the deck stacked against them in any dispute resolution with Uber. Additionally Drivers who don't opt-out give up their right to seek ANY redress in a Court of Law, not even a Small Claims Court.

*Edit: *Opting Out has nothing to do with the *UberLAWSUIT*. Till now the Lawsuit is only limited to California Drivers. CA Drivers have to make a separate decision on whether to join it or not. But Drivers' Atty. SLR has stated that she intends to file cases to pursue claims of Drivers in other States.


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## YouWishYouKnewMe (May 26, 2015)

Opt out all the way !!!! Spread the word
Chicabby I'm rt ing a lot of your tweets!! Go Toyota


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## YouWishYouKnewMe (May 26, 2015)

chi1cabby said:


> Good for you!
> It's upto individual Drivers whether they choose to Opt-out or not.
> 
> But my post was to illustrate that Drivers who Do Not Opt-out of Binding Arbitration Provision have the deck stacked against them in any dispute resolution with Uber. Additionally Drivers who don't opt-out give up their right to seek ANY redress in a Court of Law, not even a Small Claims Court.
> ...


See above


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## FlDriver (Oct 16, 2015)

TakinItUpWithUber said:


> VERY sneaky of Uber sending this out on a Friday hoping drivers will just accept it not read it (so you can hit the road) then after driving the weekend becomes a distant memory.
> 
> 100% OPT OUT


The issue I have is not the timing, but having an agreement in tiny print on my phone to read and having to accept it to be able to drive when I couldn't really read it. And of course I only go online when I want to start driving.

I hate when companies change their terms without providing a list of the changes, instead of just the entire new version.


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## FlDriver (Oct 16, 2015)

I don't see the 10 minute thing as helping anyone. With most of my cancels, it's pretty clear within a minute or two that it's a bad address or the people aren't there. Waiting another 5 minutes isn't going to change either of those things, just make me waste another 5 minutes before I can go pick up someone else who is ready to go.

If it's a case where the riders aren't ready, how about waiting until you're ready to go to order a ride? I've usually driven 5-10 minutes to get to them, so with a 5-minute wait time, that gives them 10-15 minutes after ordering the ride to get ready to go. Is that so hard? It's not like they're moving and have to pack up their entire house full of stuff.

How long does a bus wait for you at a bus stop? If you aren't there, it leaves right away.

It's ridiculous for us to be expected to be on-demand, 24/7, get a car to you immediately, yet be expected to wait around while the riders dilly dally and come out when they feel like it.

I was unaware of the change to 10 minutes when I was out last night, and had a couple of no-show cancels that I got paid for and I was not there for 10 minutes.


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## chi1cabby (May 28, 2014)

FlDriver said:


> I was unaware of the change to 10 minutes when I was out last night


Because nothing has changed with regards to "10 minutes wait requirement".
See:
*https://uberpeople.net/threads/new-...-11-2015-arbitration.49124/page-4#post-656125*


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## POMilton (Oct 21, 2015)

This is the only question I need answered. If I am unwilling to pay for commercial insurance, I should stop driving right? 

I'm a 10 ride week guy, this job is already marginally profitable. Any more money out and this is not worth it. I imagine there are alot of us who need to think about the liablity and profit if we are required to carry a lot more insurance. Right now, I'm worried State Farm is going to drop me.


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## chi1cabby (May 28, 2014)

POMilton said:


> This is the only question I need answered. If I am unwilling to pay for commercial insurance, I should stop driving right?


No, you don't need commercial livery insurance.
In Illinois, TNCs are supposed to start providing App-On Primary Liability Insurance at the beginning of 2016.

You can, of course buy Rideshare Insurance that's currently being offered in Illinois.


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## Null (Oct 6, 2015)

Nitedriver said:


> It's nothing else then a revised TOS and of course the plaintiff (Shannon Liz Riordan will try to quash it as not enforcable (ex FedEx case).Uber is just protecting themself from the lawyers chiming in to the $$$ game.(keep in mind even if you opt out you might only get your $20 check).
> 
> Honestly I will not opt out as I like the business model as it is , and it would not exist anymore if they ever would change it. And if that happens it would be sold to another big corp and you can say goodbye to the 1099 buzinezz.
> 
> ...


You understand that with any class action you have the ability to opt out of the class?

For the most part, Class actions make the named plaintiffs and lawyers rich. However, if the case is won that Uber drivers are employees it could be worth several thousands per driver. It would be per mile mileage reimbursements and some minimum hourly rate, some compensation for required health benefits, etc. For example.

If the class action payout would be poor, opt out of the class and sue on your own. With a win for the class you'll probably have an easy time to find an attorney to take the case on a contingency and Uber will be highly likely to settle.

Hell, an itemized demand letter might even suffice.


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## gman (Jul 28, 2014)

Bobosh said:


> But you're spend time healing with no pay. You might get sick time from your other job but not every Uber driver has that


You mean not everybody has access to unlimited sick time like me? lol


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## chi1cabby (May 28, 2014)

Null said:


> However, if the case is won that Uber drivers are employees it could be worth several thousands per driver. It would be per mile mileage reimbursements


If Uber does end up losing the Employee/IC Misclassification #UberLAWSUIT:

It does not mean that Uber will HAVE TO start hiring Drivers as Employees. In fact, Judge Chen himself wrote this in his ruling certifying the Class Action: _"Even if Uber loses this case, it will be free to restructure its relationship with its drivers in such a way that the drivers would actually be bona fide independent contractors".







_
*Flexibility:* 
*Despite Uber's Arguments, Flexibility for Employees Is a Company's Choice*


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## LTC71 (Feb 17, 2015)

chi1cabby said:


> Yes.
> This is a new Partner Agreement, so another email to [email protected] is needed.
> 
> No.
> CC yourself the email.


Chi1cabby

What would be the reason on the optout email. In other words just write not agree with the terms.

How long do they take to remov3 the prompt. Yes agree when i wanna sign?


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## chi1cabby (May 28, 2014)

LTC71 said:


> What would be the reason on the optout email. In other words just write not agree with the terms.


Drivers have to agree to the New Partner Agreement in order to be able to login to the Uber Driver App and work. And then Drivers have 30 Days to Opt-out of The Binding Arbitration Provision of the Partner Agreement.

So by sending the email to [email protected], a Driver is only opting out of Binding Arbitration Provision. The rest of the Partner Agreement is still applicable as the governing contract between the Driver & Uber (Rasier LLC).


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## Null (Oct 6, 2015)

chi1cabby said:


> If Uber does end up losing the Employee/IC Misclassification #UberLAWSUIT:
> 
> It does not mean that Uber will HAVE TO start hiring Drivers as Employees. In fact, Judge Chen himself wrote this in his ruling certifying the Class Action: _"Even if Uber loses this case, it will be free to restructure its relationship with its drivers in such a way that the drivers would actually be bona fide independent contractors".
> View attachment 20221
> ...


I understand that to be a comment on a going forward basis. It doesn't say anything about how the class previously defined as an employee would be compensated.


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## Bobosh (Nov 11, 2015)

gman said:


> You mean not everybody has access to unlimited sick time like me? lol


I don't know what you have. Everyone's situation is different. Some people work for Uber full-time and have no other job.....like you.


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## chi1cabby (May 28, 2014)

Null said:


> It doesn't say anything about how the class previously defined as an employee would be compensated.


The Class of Drivers who if & when do win the #UberLAWSUIT would be compensated as follows:

- Vehicle expenses reimbursed at ¢57.5 per Mile. Shannon Lis-Riordan proposed & Judge Chen accepted that as a reasonable amount for Driver expenses.
*(Updated) #UberLAWSUIT | The fate of Uber drivers in California remains in the air

Millage reimbursement (link below): *_"Not all states require companies to reimburse their employees for using their personal car for business. But California does. And since that is where Uber is based, there is a good chance that it will have to reimburse all of its employees, not just the ones based in California. Calculating this figure is tricky. Based on survey data from SherpaShare, the average Uber driver, full-time and part-time, puts in nearly 24 hours a week for the ride hailing company. The average speed in cities around the country where Uber is most used appears to be around 20 miles per hour. That means the average Uber driver covers about 475 miles a week. The IRS's mileage reimbursement rate is 57.5 cents per mile. If Uber were to reimburse its workers at that rate, which it has been ordered to do in some cases, that would be an average of $273.13 a week, or just over $13,000 a year per driver."_

I'm not sure if Uber would have to pay for it's half of Social Security & Medicare Tax to the Drivers or to the IRS. But this is how much it would cost Uber if (200,000) Drivers were in fact employed by Uber: *$4.1Billion*

*Uber-nomics: Here's what it would cost Uber to pay its drivers as employees*


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## [email protected] (Dec 4, 2015)

Oh yeahhhhh, read this agreement change closely drivers. I Opted out as soon as I read it.
Driving for Lyft starting Monday- 
The [email protected] says in Chicago, Lyft drivers earn quite a bit more than an UberX driver. Uber just doesnt pay enough, only took me 9 days to figure out this sweatshop!


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## Hunt to Eat (Nov 19, 2015)

Exit67 said:


> Alway opt out of arbitration - cable TV, cell phone and wherever else you find it.


Spouse?


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## Hunt to Eat (Nov 19, 2015)

Neil Yaremchuk said:


> You played Atticus Finch in your 7th grade drama group for To Kill A Mockingbird.


Sure did! Did you see it? I was friggin' awesome.


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## MrsUberJax (Sep 2, 2014)

The "language" has always been 10 minutes, and in the very beginning UberBlack drivers honored it, folks were paying top dollar for private drivers. Later after X came along fees were enacted at 5 minutes and the original language never changed.


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## edzo6687 (Nov 28, 2015)

2 quick questions:

1) As a driver in Pennsylvania, does the opt out really benefit me since the class seems to be California drivers?

2) Has anyone opted out of anything before involving Uber and faced retaliation?

3 month driver here and just curious. Thank you in advance.


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## chi1cabby (May 28, 2014)

*To the members who are undecided about Opting Out of Binding Arbitration Provision:*

Thanx to Judge Chen, Drivers have been given a second chance to gain a measure of equity in their relationship with Uber. There is Absolutely Zero Reason not to Opt-out of Binding Arbitration Provision.


edzo6687 said:


> 1) As a driver in Pennsylvania, does the opt out really benefit me since the class seems to be California drivers?


Read posts by Kruhn and me:

*https://uberpeople.net/threads/new-us-uber-partner-agreement-dec-11-2015-arbitration.49124/page-15#post-658820*
*https://uberpeople.net/threads/new-...11-2015-arbitration.49124/page-15#post-658907*



edzo6687 said:


> 2) Has anyone opted out of anything before involving Uber and faced retaliation?


Literally the only thing that Drivers can legally opt-out of anything involving Uber, and Not face repercussions, Is the Binding Arbitration Provision of the Partner Agreement.


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## DP (Mar 13, 2015)

TakinItUpWithUber said:


> VERY sneaky of Uber sending this out on a Friday hoping drivers will just accept it not read it (so you can hit the road) then after driving the weekend becomes a distant memory.
> 
> 100% OPT OUT


I never thought of it like that, your right, its like the chicago mayoral election taking place in February in chicago. good point. Yes i opted out, i hate this company


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## S-Uber-U (Jun 11, 2015)

I'm backing up all my individual trip histories! Who knows if they decide to purge the history one day and leave us in the dark regarding how many miles/hours we've put in!


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## TakinItUpWithUber (Mar 14, 2015)

DP said:


> I never thought of it like that, your right, its like the chicago mayoral election taking place in February in chicago. good point. Yes i opted out, i hate this company


D.C. Lawmakers been using this technique for years. Any decisions, policies or announcements that are controversial do it late on a Friday afternoon because by Monday no one will be covering it and will already have been forgotten. The media refers to it as " Friday night news dump". And let's face it not much difference between Uber and a deceptive politician!


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## Avi-ator (Sep 18, 2015)

chi1cabby said:


> This is a screenshot from the 1st page of a 43 page long Microsoft Word comparison between Nov 10, 2014 & Dec 10/11, 2015 Partner Agreements.
> 
> *The Underlined Text in Red* is new addition to the New Dec 2015 PA.
> *The Strike Through Text in Red* was present in the old Nov 2014 PA, but is deleted in the New Dec 2015 PA.
> ...


I'm always suspicious of companies that miss grammar or typos in important documents...especially their own names on a contract: "RAISER", lol!


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## chi1cabby (May 28, 2014)

I've compiled a post as a repository of concise & narrowly focused info on the New Partner Agreement, it's Binding Arbitration Provision, Opting Out & #UberLAWSUIT:

*New Partner Agreement, Binding Arbitration Provision, Opting Out & UberLAWSUIT Explained*


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## FBM (Oct 30, 2015)

How would you explain all this to a 5 year old with simple few sentences. With all the quadzillion words, I just can't get it.


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## chi1cabby (May 28, 2014)

FBM said:


> How would you explain all this to a 5 year old with simple few sentences. With all the quadzillion words, I just can't get it.


I see that you're in California. You have two decisions to make:

Do you want to Opt-out of the Binding Arbitration Provision of the New Partner Agreement? If the answer is Yes, you can do so by sending the Sample email posted here: *New Partner Agreement, Binding Arbitration Provision, Opting Out &UberLAWSUIT Explained*
Since you're a California Drivers, if you want to join the Class Action Lawsuit, you can do so by contacting the Law Firm representing the Drivers at www.UberLAWSUIT.Com


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## Choochie (Jan 4, 2015)

EcoboostMKS said:


> Not true. I used to think this too, but not the case if you personally are at fault.
> 
> http://www.litigationandtrial.com/2...llc-to-avoid-personal-liability-in-a-lawsuit/


I think that's called piercing the corporate veil. I personally have no assets in my name. I guess I still could get a judgement on future earnings; good luck with that.


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## Island Woman (Nov 25, 2015)

S-Uber-U said:


> I'm backing up all my individual trip histories! Who knows if they decide to purge the history one day and leave us in the dark regarding how many miles/hours we've put in!


Hi! okay by your prompting, I went into my account and started downloading all my pay statements and moved over to try to get my individual trip histories and I can't figure out how to do them in batches or the entire history list. May I ask how you are doing this?


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## S-Uber-U (Jun 11, 2015)

Island Woman said:


> Hi! okay by your prompting, I went into my account and started downloading all my pay statements and moved over to try to get my individual trip histories and I can't figure out how to do them in batches or the entire history list. May I ask how you are doing this?


Haha, there is no shortcut. Uber makes it as difficult as they can for us it seems.
I'm going to the very beginning of my trip history, and saving each page that shows the multiple trip histories as "Page 1, 2, 3, etc," in a "Page" folder.

I'm taking it a step further by opening each individual trip history (which shows full trip details) in a new tab and saving each page in a separate "Trip" folder as "Trip 1, 2, 3, ... etc"

Shorthand codes are necessary, Control+S on windows to save the page. I have 55 pages of trips, it took about 4 hours of work to back up everything, but well worth it in the event Uber decides to start purging our work history.


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## Null (Oct 6, 2015)

S-Uber-U said:


> Haha, there is no shortcut. Uber makes it as difficult as they can for us it seems.
> I'm going to the very beginning of my trip history, and saving each page that shows the multiple trip histories as "Page 1, 2, 3, etc," in a "Page" folder.
> 
> I'm taking it a step further by opening each individual trip history (which shows full trip details) in a new tab and saving each page in a separate "Trip" folder as "Trip 1, 2, 3, ... etc"
> ...


It would be more efficient to use screen recording software to take a video of you flipping through the pages. Solutions exist whether you want to do this on PC or Mobile.

I think the alleged uber purge is unlikely (court would have a field day and probably assess/calc damages in a way WELL in excess of what the evidence would have suggested). However, since the premium is only time, it's cheap insurance.

In the event you needed to use the video you could go back and extract the pertinent frames. This would still be faster than copy pasting everything.


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## POMilton (Oct 21, 2015)

chi1cabby said:


> No, you don't need commercial livery insurance.
> In Illinois, TNCs are supposed to start providing App-On Primary Liability Insurance at the beginning of 2016.
> 
> You can, of course buy Rideshare Insurance that's currently being offered in Illinois.


I'm sorry Cabby, what are TNC's? And if you were doing 10 rides a week, would you think it is wise to get the insurance? I'm a bit confused and you seem to be the guy who understand this all very well. I'm apologize in advance if this is asked and answered.


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## chi1cabby (May 28, 2014)

LTC71 said:


> What would be the reason on the optout email. In other words just write not agree with the terms.


Sorry LTC71, I misunderstood your question, so I didn't answer it correctly. 
A Driver does need to cite a reason for opting out. He/she has to just email Uber that he/she is opting out.
I've posted an Updated Opt-out sample email in this post:

*New Partner Agreement, Binding Arbitration Provision, Opting Out & UberLAWSUIT Explained*


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## PoorBasterd (Mar 6, 2015)

I believe this only applies to the States. I'm in Canada and haven't seen anything like that...yet.


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## Kaseec (Sep 9, 2015)

Guess I better hurry and optout tonight to see if I get a deactivation notice so I don't waste time and gas tomorrow


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## vegesq (Nov 25, 2015)

Chisox1125 said:


> You agree to it, you can drive. You don't accept it, your Uber days are done.


Disagree. Uber is simply trying to exempt itself from as much exposure as possible. If you think that way, then you should stop using a forum like this. Anyone who doesn't opt out is giving up any chance of ever recovering any damages for the current class actions or any future actions.

Uber is too big an operation to chase down every person who opts out, or risk the repercussions for what would be viewed as contenpt of court.


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## U-b-er what? (Sep 27, 2014)

What i noticed is different is that they are not referring to drivers as partners any longer. They are now using the term "Customer". I believe this is from the legislation that passed today in Seattle that would allow the drivers to be represented by a union. Seems that they want to begin changing the language as to the relationship between them and us, but there is enough history between us that can justify to fight for better pay and better working conditions.


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## rebumath (Nov 5, 2015)

I opted out, deeply resent being given a new agreement and being told it must be executed now, or business relationship is terminated. Since the purpose of the new agreement appeared to be the arbitration, defeating that intent by opting out seemed the only logical response other than terminating. Plan to terminate with Uber soon anyway, just thought would give this a try over the holidays. Expect Uber will continue to have many legal battles, over employment status. They act far too much like an employer exercising control not to be challenged. Telling drivers not to request tips, is one of those controlling acts. Telling drivers they will be terminated for selling other services is another area of excessive control. While I get they may not want their drivers pushing products and schemes, or talking down Uber, the word independent is critical to the meaning of "independent contractor".


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## DocT (Jul 16, 2015)

I sent my "opt-out" email. Glad I did that since I didn't opt out when I first started driving (before I found UPN).


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## Chisox1125 (Jun 30, 2015)

vegesq said:


> Disagree. Uber is simply trying to exempt itself from as much exposure as possible. If you think that way, then you should stop using a forum like this. Anyone who doesn't opt out is giving up any chance of ever recovering any damages for the current class actions or any future actions.
> 
> Uber is too big an operation to chase down every person who opts out, or risk the repercussions for what would be viewed as contenpt of court.


So you've gotten legal advice on the manner?


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## Michael - Cleveland (Jan 1, 2015)

Tom Madison said:


> Is the suggestion to wait 10 minutes for a rider (Section 2.2) new? If so, does that change the ability to cancel after 5 minutes and still collect the $5 fee?


The wait tme in the "Technology Service Agreement" (it's no longer a 'partner agreement') is SUGGESTED as 10 minutes.
The actual time period for waiting before a cancellation fee that *may* be applied is set regionally by the Uber Operations Manager. In my market, it remains at 5 minutes. In other markets, there is no cancelltion fee.

Don't confuse the 'suggested wait time' with the time period for cancellation fees; they are two different things.


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## Michael - Cleveland (Jan 1, 2015)

chi1cabby said:


> I've compiled a post as a repository of concise & narrowly focused info on the New Partner Agreement, it's Binding Arbitration Provision, Opting Out & #UberLAWSUIT:
> 
> *New Partner Agreement, Binding Arbitration Provision, Opting Out & UberLAWSUIT Explained*


Does your agrement still say "Partner Agreement"?
The one I was provided is now titled "Technology Services Agreement" - and the word 'partner' doesn't appear anywhere.


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## scrurbscrud (Sep 11, 2014)

chi1cabby said:


> And you might be one of the many people who "don't know about the arbitration process".
> 
> *Binding Arbitration | Here's Uber's Plan To Screw Over Drivers Who Have A Complaint*
> 
> ...


Obviously not a legal opinion, BUT, most judges and good plaintiff attorney's can roll over and run through unfair arbitration clauses that are set up to put plaintiffs at a financial disadvantage and are set up solely to STOP arbitrations toward the company on the basis of excessive fees.

Move straight to court.


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## scrurbscrud (Sep 11, 2014)

And won't most of these disputes have to be waged state by state? In strong "right to work" states these are harder legal nutz to crak.


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## Michael - Cleveland (Jan 1, 2015)

scrurbscrud said:


> Obviously not a legal opinion, BUT, most judges and good plaintiff attorney's can roll over and run through unfair arbitration clauses that are set up to put plaintiffs at a financial disadvantage and are set up solely to STOP arbitrations toward the company on the basis of excessive fees.
> 
> Move straight to court.


*Recent Developments Regarding Enforceability of Binding Arbitration Agreements Under State and Federal Law*
http://www.hartkinglaw.com/2014/01/...ing-arbitration-agreements-state-federal-law/


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## Not-waiting-at-Taco-Bell (Dec 4, 2015)

arbitration clauses are regularly upheld that being said this is the reason you need to opt out there's never a good reason to remain in an agreement that required arbitration particularly if you're given the opportunity to exit or opt out of the agreement. your failure to opt-out when given an opportunity may work in their favor always opt out

another thought on the content of this Agreement is that it makes very clear that they may take the position that they don't insure you for any of a number of things and that is putting the onus or responsibility on the driver to have commercial vehicle insurance what makes this particularly bothersome is the fact that Uber has increased their safe rider fee to $1.70. does this reflect that they have more and more shity drivers or that they are not keeping their end of the bargain and raking im the profits from the safe rider fee or perhaps both? What's 1.70 per ride paying for anyway?


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## Null (Oct 6, 2015)

Not-waiting-at-Taco-Bell said:


> arbitration clauses are regularly upheld that being said this is the reason you need to opt out there's never a good reason to remain in an agreement that required arbitration particularly if you're given the opportunity to exit or opt out of the agreement. your failure to opt-out when given an opportunity may work in their favor always opt out
> 
> another thought on the content of this Agreement is that it makes very clear that they may take the position that they don't insure you for any of a number of things and that is putting the onus or responsibility on the driver to have commercial vehicle insurance what makes this particularly bothersome is the fact that Uber has increased their safe rider fee to $1.70. does this reflect that they have more and more shity drivers or that they are not keeping their end of the bargain and raking im the profits from the safe rider fee or perhaps both? What's 1.70 per ride paying for anyway?


The original safe rides fee covered the 1 mil liability insurance to passengers as well as the othet Period 2 and 3 coverages.

After the state compelled Period 1 liability coverage is when it when thebfee went up.


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## radzer0 (Oct 26, 2015)

There is also terms that I just read about on a facebook post that the terms for the passenger says that uber and affiliates arent responsible for more than $500 in any legal fee's etc etc etc. Affiliates doesnt cover drivers i dont think. This was related to the whole facebook messenger to call an uber thing so all passengers and no drivers posting about this information. Maybe this only applies to facebook messenger called ubers I dont know.


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## Feisal Mo (Dec 19, 2014)

Judge knocks Uber over latest attempt to bar drivers from class-actions.

http://arstechnica.com/tech-policy/...st-attempt-to-bar-drivers-from-class-actions/


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## Annapolis Ghostrider (Aug 21, 2015)

Thanks for the info, opted out


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## ATM (Oct 10, 2015)

POMilton said:


> So how do quit Uber? Just stop driving or do I have to send a formal notice?





POMilton said:


> So how do quit Uber? Just stop driving or do I have to send a formal notice?


1st make sure you get paid for previous drives.. second, notify them.
if you have a phone from them drop it off. also cxl the app on you phone..
and reduce your data usage if you had increased it.


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## 408gent (May 20, 2015)

I'm a driver in California and I opted out. Should I contact the lawyers in the case, or is this pretty much over?


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## Driven1 (Jan 2, 2016)

I am new to this forum and thankful for the information on opting out of the agreement -- which I intend to do. 

I have a question: I recall that when I signed up to drive almost a year ago, when a passenger got into my car and the fare began, we were covered by Uber's additional insurance. (I recall something like a million in liability) on top of the insurance I carry to cover any accidents, should they occur. Is this no longer the case? 

Is Uber now saying that since drivers are "independent contractors," that Uber is not liable or responsible for any claims resulting in accidents and my insurance would need to settle/handle the claims?


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## chi1cabby (May 28, 2014)

408gent said:


> I'm a driver in California and I opted out. Should I contact the lawyers in the case, or is this pretty much over?


The Lawsuit is moving ahead full steam.
*New Partner Agreement, Binding Arbitration Provision, Opting Out & UberLAWSUIT Explained*
California Drivers can contact the Law Firm representing the Drivers in the #UberLAWSUIT at www.UberLAWSUIT.Com


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## chi1cabby (May 28, 2014)

Driven1 said:


> I recall that when I signed up to drive almost a year ago, when a passenger got into my car and the fare began, we were covered by Uber's additional insurance.


Uber provides Primary Liability Insurance in Illinois during the Active Ride Phase (Ping accept to Pax dropoff).

In Illinois, Drivers have to purchase Rideshare Insurance to have coverage in the Gap Period (Driver is logged in to the App, but isn't on an Active Ride).
*Illinois Ridesharing bill sails through Legislature*


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## Driven1 (Jan 2, 2016)

Thanks. Do you happen to know how much Uber covers? And I am guessing it is only liability. No collision. 

Hmmm. Seems that since Uber is trying to maintain a stance as a "technology company" and not a transportation company, (which is absurd) this relieves them of any liability while under their "employ."


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## UberXking (Oct 14, 2014)

Since March of 2014 I've logged well over 100,000 California miles
working only for Uber. In appreciation Uber started off the New Year
by deactivating me for 15 minutes.
Take a guess what action I'm taking.


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## ginseng41 (Nov 30, 2014)

UberXking said:


> Since March of 2014 I've logged well over 100,000 California miles
> working only for Uber. In appreciation Uber started off the New Year
> by deactivating me for 15 minutes.
> Take a guess what action I'm taking.


Why did they deactivate you?


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## UberXking (Oct 14, 2014)

ginseng41 said:


> Why did they deactivate you?


For ignoring trip requests. In the early morning the day of the deactivation
I sat outside the airport contemplating should I take a misleading reg fare when Uber was posting a fake surge. I had ignored over 10 trip requests while I gassed up my car, checked air and oil
Uber was obviously not charging based on supply and demand. Surge is a con. Most of the time.


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## chi1cabby (May 28, 2014)

*For Drivers who agreed to the New Partner Agreement on 12/11/15, the 30 Days Opt-out Deadline is on 01/09/16.*
*
New Partner Agreement, Binding Arbitration Provision, Opting Out & UberLAWSUIT Explained

*


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## Casuale Haberdasher (Dec 7, 2014)

UberXking said:


> View attachment 22288
> 
> For ignoring trip requests. In the early morning the day of the deactivation
> I sat outside the airport contemplating should I take a misleading reg fare when Uber was posting a fake surge. I had ignored over 10 trip requests while I gassed up my car, checked air and oil
> Uber was obviously not charging based on supply and demand. Surge is a con. Most of the time.


POST # 353/UberXking: .........Given your
320+/mileR/T Chico-SFO-Chico everyweek
it WILL be/HAS been gratifying to deduct 
$57.5 K from Schedule C for '14/'15 !
I have TRIED to use your Example as
what CAN BE achieved with EXTREME
Effort..to a Chorus of Crickets..their loss.

May I respectfully suggest those last two
sentences be used as Permanent Signa-
ture Line in your Posts ?
Bison Admires. Bison Inspires!


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## Bart McCoy (Nov 4, 2014)

UberXking said:


> I sat outside the airport contemplating should I take a misleading reg fare when Uber was posting a fake surge. .


When you say fake surge, do you confirm this by checking the rider app?


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## Michael - Cleveland (Jan 1, 2015)

UberXking said:


> View attachment 22288
> 
> For ignoring trip requests. In the early morning the day of the deactivation
> I sat outside the airport contemplating should I take a misleading reg fare when Uber was posting a fake surge. I had ignored over 10 trip requests while I gassed up my car, checked air and oil
> Uber was obviously not charging based on supply and demand. Surge is a con. Most of the time.


I apologize for being late to comment on this... not that it matters, of course, and this may not be applicable to your situation, but...
1) In my market, there can be a surge all around the airport, but (apparently by agreement with the airport/city authority) requests from the airport are never 'surged'. In this market, you can see that the airport is 'geo-fenced' off from surges.

Did Uber bother to tell drivers this? No. Apparently they believe their airport and surge policies are none of our business.

2) When a driver ignores a ping, it delays the rider from getting a ride as it can take 30 seconds for the unacknowledged ping to cycle back through and go to the next nearest driver. You hear Uber say it all the time: 'If you're not ready to accept a ride, go offline.' That advice doesn't serve those of us looking for the '_right_' ride to accept. What we have to do is accept all requests immediately, very quickly determine if it is a ride we want, and if not, again IMMEDIATELY tap the menu and tap CANCEL. That will push the request to the next driver.

I can't stress enough how important it is to cancel IMMEDIATELY - like within 3 seconds - and don't use Reason Other (ACRO), use 'Do Not Charge' instead. That 'immediately' stuff has to do with the rider's "User Experience". UX is a key metric Uber uses to evaluate everything - and if a driver is continually contributing to a bad UX for the rider, then they will get deactivated for one reason or another. When you do this '_cancel immediately_', the system hasn't yet had the time to notify the rider that their request has been accepted - so they don't see a 'cancel'... the request just goes to the next driver (ie: no impact on the rider's UX). And if you do it quickly enough, you will not see the cancel in your trip history (ie: no 'cancelled by driver').

This is how it works in my market (for now)... ymmv.


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## UberXking (Oct 14, 2014)

never use the rider app. I know what to do at the end of a fare. This is a rideshare and if Uber has decided to pay each airport authority millions of dollars every qtr. to pick up pax and also not to surge no matter the time of day ....history has shown no one to blame but Uber they do whatever they want because they can.


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