July 9, 2026
These additional terms are fully enforceable with the Terms for Transportation Services Agreement provided to you by Patten Tours and Charters (“Patten Tours and Charters ,” “we,” or “us”). Patten Tours and Charters may obtain informatio nabout you when you use www.gopatten.com (the “Site”). These additional terms cover Liability, Item responsibility, Indemnification, and other additional terms listed below:
DRIVER OBLIGATIONS. The Company will use commercially reasonable efforts to cause the Drivers to comply with the following conditions:
a) Drivers. All Drivers must be properly licensed and follow state and federal motor vehicle laws and regulations.
b) Vehicle. The Vehicle must be in good operating condition and meet the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and any and all applicable safety recalls have been remedied per manufacturer instructions. The Driver will inspect the Vehicle before assigning it to the Service Contract.
c) ADA Compliance. Any Client that requires an ADA accessible certified Vehicle must inform the Company when placing the Service Order. The Company will use commercially reasonable efforts to assign such ADA accessible Vehicle and inform the Driver of the Client’s request. The Driver shall be solely responsible for such compliance and accommodations during the Transportation Services.
d) SPAB, ISD, 19A or similar. Any Client that requires a SPAB, ISD, 19A or similar Vehicle must inform the Company when placing the Service Order. The Company will use commercially reasonable efforts to obtain such Vehicle and inform the Driver of the Client’s request. TheDriver shall be solely responsible for such compliance and accommodations during the Transportation Services.
TRANSPORTED ITEMS.
a) Neither Company nor the Driver assumes any responsibility for the handling or maintenance of any Transported Items. Transported Items will be at passengers’ sole risk. Passengers’ Transported Items shall be carried subject to the available accommodations (as determined solely by the Driver) provided by interior racks and/or luggage bays.
VEHICLES.
a) Vehicle Specifications. Specified Vehicle type, size, age and amenities are not guaranteed. The Company reserves the right to substitute other Vehicles sufficient to accommodate the number of Passengers specified in the Service Contract and no refunds shall be given as a result of substitute Vehicles.
b) Replacement Vehicles. If for some reason beyond the control of Company a mechanical failure requires the replacement of aVehicle, the replacement Vehicle may be of a different type, size, age, or amenities.
c) Video Capabilities. Certain Vehicles will have television screens and video players for the Charting Party’s use. Any requests for such Vehicle must be made on the Service Order during the booking process, and Company will use commercially reasonable efforts to assign aVehicle with such capabilities but does not guarantee the availability or functionality of such video equipment. The Client is solely responsible for the use of video equipment, including the provision of any and all content to be shown on video equipment, as well as for any fees, costs or charges in connection with the display of such content. The Client understands and agrees that any content shown on video equipment is subject to applicable laws, including the Copyright Act and is exhibited for non-commercial viewing only.The Client is solely responsible for compliance with such applicable laws and without limiting the preceding sentence, and is restricted from any copying, display, recording, exhibition, or distribution of the content without the express written consent of the applicable copyright holder. THE COMPANY AND THE DRIVER DISCLAIM ANY AND ALL LIABILITY FOR THE EXHIBITION OF CONTENT IN CONNECTION WITH THE TRANSPORTATION SERVICES.
11. INDEMNIFICATION.
a) BY BOTH PARTIES. Each party shall indemnify and hold harmless the other party, and their respective employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents and assigns (collectively, “Affiliates”) from and against any claims, lawsuits, proceedings, liabilities (collectively, “Claims”) brought by a third party and for any losses, damages, expenses (including reasonable attorneys fees) and/or costs (collectively, “Losses”) arising out of or related to the indemnifying party’s (i) breach of the terms of this ServiceContract; (ii) gross negligence or intentional misconduct; or (iii) violation of law.
b) BYTHE CLIENT. The Client shall indemnify and hold harmless the Company and the Driver, and their Affiliates,from and against any Claims brought by a third party and for any Losses arising out of or related to (i) the Client’s breach of this Service Contract, (ii) theClient’s Passengers or the Transported Items, or (iii) an occurrence or accident involving Company-chartered Vehicles and/or the transportation ofPassengers in such Vehicle (including damage to the Vehicle and injury to anyPassenger or other third person arising from the transportation of any Prohibited Items by any Passenger).
12. LIMITATION OF LIABILITY.
a) Exclusion of Damages. NEITHER THE COMPANY NOR THE DRIVER SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS SERVICE CONTRACT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER PARTY OR ANY THIRD-PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR REPLACEMENT SERVICES ARISING OUT OF THIS SERVICE CONTRACT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY OR THE DRIVER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) TotalLiability. NEITHER THE COMPANY NOR THE DRIVER SHALL UNDER ANY CIRCUMSTANCE BE LIABLE TO ANY PARTY FOR AN AMOUNT GREATER THAN THE FEES PAID BY THE CLIENT UNDER THE SERVICE CONTRACT.
13. RELEASE OF LIABILITY. The Client (for itself and on behalf of the Passengers) hereby expressly agrees that the Company shall not be responsible in any manner for the acts or failures to act, negligently, willfully or otherwise, of the Driver or its employees, agents or representatives, provided the Driver is an independent contract and not an employee of the Company. The Client (for itself and on behalf of thePassengers) also expressly agrees that the Company shall not be liable for any bodily injury or harm, accidents, property damage or personal loss as a result of the Transportation Services provided under the Service Contract.
14. MISCELLANEOUS.
a) Force Majeure. The Company and the Driver shall not be liable for any failure or delay in performing their obligations under the Service Contract, and neither party shall be deemed in breach of its obligations thereunder, if such failure or delay is due to Acts of God, natural disasters, pandemic, national, state or local states of emergency, governmental action, acts of war or terrorism, labor strike or lock-out, or other industrial or transportation accident caused by any third-party, any violation of law, regulation or ordinance by any third-party or any other cause not within the control of Company or the Driver, respectively.
b) Entire Agreement. These Terms and Conditions, along with the Service Order and other documents constituting the Service Contract, constitute the entire agreement between Company and the Client and supersede any and all other agreements, either oral or written with respect to the subject matter hereof. If any provision of the Service Contract shall be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
c) Governing Law. This Service Contract and its performance shall be governed by the laws of the state of Michigan,United States of America without giving effect to applicable conflict of law provisions. The Client (for itself and on behalf of the Passengers) consents and submits to the exclusive jurisdiction of the state and federal courts located in the State of Michigan, United States of America, in all questions and controversies arising out of this Service Contract.
d) Arbitration. In the event a dispute shall arise between the parties to this Service Contract, it is hereby agreed that the dispute shall be referred to the American Arbitration Association for one-person arbitration in accordance with its applicable Rules of Arbitration. The arbitrators decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrators award or fails to comply with the arbitrators award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
e) No Assignment. THE CLIENT MAY NOT ASSIGN THIS SERVICE CONTRACT OR ANY OF THEIR RESPECTIVE RIGHTS, INTERESTS, DUTIES OR OBLIGATIONS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. THE COMPANY MAY ASSIGN THIS SERVICE CONTRACT AND ANY OF ITS RIGHTS,INTERESTS, DUTIES OR OBLIGATIONS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CLIENT.
f) Notice. All notices required or permitted under the related Service Contract will be in writing, will reference this Service Contract, and will be deemed given: (a) when delivered personally; (b) one (1) business day after deposit with a nationally-recognized express courier, with written confirmation of receipt; or ( c )three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid. All such notices will be sent to the addresses set forth above.
g) Nature of the Relationship. Nothing contained in this Service Contract shall be deemed or construed as creating any partnership, joint venture, employment relationship, agency or other relationship between the parties, nor does it grant either Party any authority to assume or create any obligation on behalf of or in the name of the other, except as expressly provided herein.
h) Severability and Waiver. If any provision of this Service Contract is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Service Contract will remain in full force and effect and the affect provision will be construed so as to be enforceable to the maximum extent permitted by law. The failure by either party to enforce any provision of this Service Contract will not constitute a waiver of future enforcement of that or any other provision.
i) Counterparts. This Service Contract may be executed in counterparts, each of which will constitute an original, and all of which together will constitute one and the same instrument. Execution and delivery oft his Service Contract may be evidenced by electronic means including DocuSign.
How to Contact Us If you have questions regarding these additional terms you may contact us via email sent to info@pattentoursandcharters.com, by phone at (678) 758-8563, or by postal mail sent to:
Patten Tours and Charters
Attn: SERVICES AGREEMENT TERMS INQUIRY
289 Jonesboro Rd
McDonough, Georgia 30253, United States
