Examples of Fleet Agreement in a sentence
Before couriers can access Postmates’ platform, they must accept Postmates’ Fleet Agreement, which is presented to them during an online registration process.
In case of any inconsistency or conflict between the terms and conditions of this Fleet Agreement and those of the Privacy Policy or Terms of Service, the terms of this Fleet Agreement shall govern and control.
The Fleet Agreement contains a Mutual Arbitration Provision (the “Arbitration Provision”) that “is governed exclusively” by the Federal Arbitration Act, 9U.S.C. §§ 1–16 (“FAA”).
The parties agree that there are not material changes for the purposes of this motion to Postmates’ Fleet Agreement over the applicable years, and both parties cite to the 2019 Fleet Agreement as the version that most of Cross-Petitioners alleged to have signed.
Defendants did not provide proof (1) that they accepted the Fleet Agreement, (2) that they performed any work on the platform, or (3) whether they opted out of the Arbitration Agreement.
Id.1 The Fleet Agreement governs the relationship between the courier and Postmates.
Postmates is required to arbitrate with Cross-Petitioners pursuant to the Fleet Agreement under § 4 of the FAA, and Cross- Petitioners are entitled to an “order directing that such arbitration proceed in the manner provided for in such agreement.” See Reply MCA 8:4–5.
Couriers may opt out of arbitration by submitting an opt-out notice within thirty days of accepting the Fleet Agreement.
MCA 3 n.2. “Each version of the Fleet Agreement contains a substantively similar Mutual Arbitration Provision with a Class Action Waiver and Representative Action Waiver, delegation clause, and the ability for couriers to opt out of arbitration within 30 days of accepting the Fleet Agreement.” Modlin Decl.
BoA argues that Sosna’s breach of contract claim, which asserts that it violated the Fleet Line Agreement, should be dismissed as the Complaint contains no explanation of what provisions in the Fleet Agreement were violated by BoA as to amounts improperly charged to or collected from Sosna.