Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 1 of 6 PageID #: 1833
`Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 1 of 6 PageID #: 1833
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`EXHIBIT M
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`EXHIBIT M
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`Lyft Driver Addendum
`5/13/2021
`Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 2 of 6 PageID #: 1834
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`Lyft Driver
`Addendum
`
`Last Updated: December 9, 2020
`
`This Lyft Driver Addendum is an addendum to the Agreement (www.lyft.com/terms) between you
`and Lyft, and it sets forth additional terms and conditions that are applicable to your provision of
`Rideshare Services through the Lyft Platform. Capitalized terms herein have the meaning set forth in
`the Agreement. This addendum replaces and supersedes any “Commission Schedule” or prior
`Driver Addendum that you have previously agreed to.
`
`1. Driver Fare. You are entitled to a Driver Fare for the Rideshare Services you perform for Riders, as
`provided in the Agreement and this Driver Addendum. The “Driver Fare” for a completed ride
`consists of a base fare or pickup fare amount plus incremental amounts based on the actual time
`and distance of the ride, as measured by Lyft. The applicable base fare, pickup fare, and/or time and
`distance amounts are shown in a rate card (the “Rate Card”) in your Driver dashboard. If expressly
`provided in your Rate Card, you may earn incremental amounts based on the actual time and
`distance between the time you accept a ride request and the time you pick up the Rider. The Rate
`Card amounts displayed in your driver dashboard are personal to you. The Rate Card amounts may
`vary by including but not limited to by factors such as the market where you provide Rideshare
`Services or pick up a particular ride, the date you applied or became approved as a Driver, the
`vehicle type you use or your use of an Express Drive or rental vehicle, and the type of service you
`are providing (for example, economy, shared, extra seats, or luxury). The rates from the market in
`which you pick up the Rider will apply to that ride. Please note that some larger markets (like the San
`Francisco Bay Area) have different rates for different sub-regions within the larger market. In that
`case, the rates from the sub-region in which you pick up the Rider will apply to that ride. In certain
`situations, the Driver Fare may be predetermined (such as a flat rate trip), or subject to certain
`minimum or maximum amounts as described to you in your Rate Card. In some situations where a
`Rider cancels a ride request that you have accepted, you may earn a cancellation fee. See the
`
`https://www.lyft.com/terms/driver-addendum
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`Lyft Driver Addendum
`5/13/2021
`Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 3 of 6 PageID #: 1835
`Cancellation and no-show fee policy for drivers in the Lyft Help Center for details. In those cases,
`you will earn a Driver Fare in the amount of the cancellation payment set forth in your Rate Card. If
`additional Riders cancel when you're already in a ride, such as in a shared ride, you will be paid for
`the time and distance of your current route and Lyft will retain any additional cancellation charges
`incurred by the Rider. For a shared ride you may pick up several Riders along a common route. In
`such situations: (i) the rates from the region of the first pick up will apply to the full route, and (ii) the
`fare calculation shall only include one base fare amount for the route (however, you may be able to
`earn additional incremental pickup fares along the same route if expressly stated in the Rate Card).
`Your Rate Card may not be set or available to you until you are an approved driver, and you agree
`Lyft makes no representation or warranties concerning the Rate Card amounts. Your Rate Card
`amounts are subject to change in Lyft’s discretion and any changes shall be published on the Rate
`Card. By continuing to use the Lyft Platform, you are deemed to accept these changes.
`
`2. Additional Payments to You. In addition to the Driver Fare, you will receive the following
`payments, if applicable: (i) any tips provided by a Rider to you, (ii) any tolls or surcharges we collect
`for remittance to you, (iii) any damage charges we collect on your behalf, and (iv) any bonuses or
`incentives you earn based on your provision of Rideshare Services.
`
`3. Payments, Adjustments and Settlement. Lyft will collect payments owed to you by Riders and
`other third parties as your limited payment collection agent and you agree that the receipt of such
`payments by Lyft satisfies the payer’s obligation to you. Lyft reserves the right to adjust or withhold
`all or a portion of a Driver Fare or other payment owed to you (except tips) (i) if we believe that you
`have attempted to defraud or abuse Riders, Lyft, or Lyft’s payment systems, (ii) in order to resolve a
`Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of
`Rideshare Services in the Lyft application when the ride was over), or (iii) if you end a ride at a
`location that is different than the destination submitted through the Lyft App. Lyft’s decision to adjust
`or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner.
`If you have agreed to any other amounts being deducted from your Driver Fares with any party
`(such as vehicle rental or lease payments), those amounts will be deducted before remittance to
`you, and we may determine the order of these other deductions if allowed by law. We will use
`reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you
`on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not
`include any interest and will be net of any amounts that we are required to withhold by law.
`
`4. Rider Charges. Lyft will charge the Rider an amount calculated or determined by Lyft on your
`behalf for the Rideshare Services you perform for Riders (the "Rider Charges"). Rider Charges may
`be determined after the ride is completed based on the time and distance of the ride and the rates
`on the Lyft Cities pages (www.lyft.com/cities) (a "Variable Charge"). Alternatively, Rider Charges may
`be quoted in advance and fixed at the time of the ride request (a "Quoted Charge"). A Quoted
`Charge may differ from what the Variable Charge would have been for the same ride (as Variable
`Charges change depending on a number of dynamic factors). In either case, your payment for
`Rideshare Services shall be the Driver Fare as described in Sections 1-3 above. Riders may elect to
`add an additional tip to you on top of the Rider Charges. The tip shall be paid entirely to you and
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`https://www.lyft.com/terms/driver-addendum
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`Lyft Driver Addendum
`5/13/2021
`Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 4 of 6 PageID #: 1836
`shall be considered separate from the Rider Charges. Unless we indicate to you otherwise, the Rider
`Charges includes the Driver Fare, applicable tolls, fees retained by us (including the Service Fee and
`Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any applicable
`airport fees, or any state or local fees, surcharges or taxes imposed on the provision of Rideshare
`Services or Lyft’s provision of the Lyft Platform that Lyft is required by law or agreement to collect
`and remit to third parties.
`
`5. Lyft Fees. In exchange for facilitating the Rideshare Services that you provide to Riders, you agree
`to pay Lyft (and permit Lyft to retain) a fee based on each transaction in which you provide Rideshare
`Services ("the Lyft Fees"), comprised of a service fee (“Service Fee") and platform fee ("Platform
`Fee"). The Service Fee shall be a set amount for each ride as set forth in your Rate Card or Cities
`page at the time of the ride. The Platform Fee shall be a variable amount equaling the Rider Charges
`minus: (i) the Driver Fare, (ii) any tolls or surcharges we collect for remittance to you, (iii) the Service
`Fee, (iv) any Third Party Fees that Lyft collects, and (v) any bonuses or incentives you earn based on
`your provision of Rideshare Services. In the event of a ride where the combination of (i)-(iv) above is
`greater than the Rider Charges, no Platform Fee will be charged to you for that ride. In such cases,
`any excess amounts that you receive will be an adjustment to your Platform Fee (or if necessary, as
`an adjustment to another payment owed to you). The Platform Fee may include any event fees in
`effect (as determined by Lyft) based on the location of the pick-up or drop-off of the ride. For your
`convenience, Lyft may collect the Service Fee and applicable event fees from Riders on your behalf
`to offset your payment of such fees to Lyft. The Lyft fees may be communicated to you weekly on an
`aggregated basis. In addition, Lyft may charge you other fees on a one-time, recurring or periodic
`basis. The amount of such fees may vary by market or other factors and shall be communicated to
`you in advance of incurring the fee.
`
`6. Payment Processing. Payment processing services are provided by Stripe and subject to the
`Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal),
`which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively,
`the "Stripe Terms"). By using the Lyft Platform to receive payment proceeds, you agree to be bound
`by the Stripe Terms, which may be modified from time to time. As a condition of Lyft enabling
`payment processing services through Stripe, you authorize Lyft to obtain all necessary access and
`perform all necessary activity on your Stripe Connected Account to facilitate your provision of
`Rideshare Services as contemplated by the Agreement and your relationship with Lyft. You further
`agree to provide accurate and complete information about you and your business, and authorize
`Lyft to share it and transaction information with Stripe for the purposes of facilitating the payment
`processing services provided by Stripe. Lyft reserves the right to switch payment processing
`vendors or use alternate or backup vendors in its discretion.
`
`7. Express Pay. If you elect to receive payments through Lyft’s Express Pay feature (which Lyft may
`offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express
`Pay service as described by Lyft prior to confirmation. You understand that (i) your financial institution
`may not support Express Pay, (ii) Lyft and Stripe make no guarantee concerning how quickly Express
`Pay payments will settle with your account, and (iii) not all payments through the Lyft Platform are
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`https://www.lyft.com/terms/driver-addendum
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`Lyft Driver Addendum
`5/13/2021
`Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 5 of 6 PageID #: 1837
`eligible for Express Pay. If you elect to use any direct debit features made available by Lyft or its third
`party partners you acknowledge that you may be subject to supplemental agreements related to
`those services.
`
`8. Promotions and Coupons. Lyft may, at its discretion, offer promotional or other Coupons to Riders,
`however such discounts shall not impact the Driver Fare or any other payments owed to you. You
`agree that Lyft may sell passes or subscriptions (each, a “Ride Pass”) on your behalf to generate
`additional leads for your Rideshare Services. Ride Passes entitle Riders to receive discounted or
`capped fares for qualifying rides (subject to certain limitations, terms and conditions). When a Rider
`uses a Ride Pass to receive a qualifying ride, Lyft will use the Ride Pass payment in satisfaction of
`the ride total Charges subject to the terms and conditions of the Ride Pass. Your payment for
`Rideshare Services arranged with a Ride Pass will be determined based on the Driver Fare for the
`ride as provided in this Driver Addendum. In the event that Ride Pass collections from a Rider
`exceed qualifying ride Charges (if any), you agree that as between you and Lyft, and to the extent
`permitted by law, Lyft may retain such excess amounts in consideration for Lyft's sales and marketing
`of Ride Passes.
`
`9. No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties,
`through advertising and marketing, Lyft and its Affiliates may seek to generate additional demand for
`your Rideshare Services from new and existing Riders. You acknowledge and agree such advertising
`or marketing does not entitle you to any additional monetary amounts beyond the amounts
`expressly set forth in this Agreement and Driver Addendum.
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`DRIVER
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`RIDER
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`LYFT
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`https://www.lyft.com/terms/driver-addendum
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`4/5
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`Lyft driver app
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`Lyft rider app
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`Lyft Driver Addendum
`5/13/2021
`Case 2:21-cv-00072-JRG-RSP Document 67-14 Filed 05/27/21 Page 6 of 6 PageID #: 1838
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`Terms
`
`Privacy
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`© 2021 Lyft, Inc.
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`CPUC ID No. TCP0032513-P
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`https://www.lyft.com/terms/driver-addendum
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`5/5
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`Ride on web
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