This MomWgn Driver Agreement (“Agreement”) is entered into by and between NPC Industries, LLC, a California limited liability company doing business as MomWgn (“MomWgn,” “we,” “our,” or “us”), and you (“Driver” or “you”), an individual providing transportation services to individuals registered with MomWgn (each “Registered User”) seeking rides for Riders (defined below) accessible through the MomWgn Service. To make this Agreement easier to read, the MomWgn platform, our website located at https://momwgn.com/ (the “Site”) and our services are collectively called the “MomWgn Service”.

Please read this Agreement carefully because it governs your use of the MomWgn Service.

By signing this Agreement or using the MomWgn Service, you acknowledge and agree to the terms and conditions set forth herein and agree to perform services as an independent contractor in accordance with all applicable laws and regulations.

FOR THE AVOIDANCE OF DOUBT, MOMWGN DOES NOT PROVIDE TRANSPORTATION SERVICES, AND MOMWGN IS NOT A TRANSPORTATION CARRIER. IT IS UP TO YOU THE DRIVER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A USER THORUGH THE USE OF THE MOMWGN SERVICE. ANY DECISION BY A REGISTER USER TO ACCEPT TRANSPORTATION ONCE SUCH REGISTERED USER IS MATCHED THROUGH THE MOMWGN SERVICE WITH A DRIVER IS A DECISION MADE IN SUCH REGISTERED USER’S SOLE DISCRETION. MOMWGN OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND REGISTERED USERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY REGISTERED USER OR RIDER BY ANY DRIVER USING THE MOMWGN SERVICE.

1. Purpose and Scope

This Agreement governs the relationship between MomWgn and Drivers who transport unaccompanied minors aged 6 to 17 years (each a “Rider”) as scheduled by authorized parents or guardians who are Registered Users. You understand and agree that:

• You are not an employee of MomWgn.
• You operate as an independent contractor with control over your own work schedule and means of providing services.
• You may accept or decline ride requests at your discretion.
• You are solely responsible for the safe and lawful operation of your vehicle and for following all applicable laws related to transporting Riders.

2. Eligibility and Driver Requirements

To perform services through the MomWgn Service, you represent and warrant that:

• The information provided by you to MomWgn is true, accurate and complete.
• You are at least 28 years of age.
• You possess a valid California driver’s license.
• You have a clean driving record and no disqualifying driving or criminal history.
• You have passed all required MomWgn background checks, DMV record checks, and identity verifications.
• You have completed MomWgn’s child transportation safety training.
• You own or have the legal right to operate the vehicle you use to provide your services and such vehicle is registered, insured, and is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind [, including passing inspection in accordance with California Public Utilities Commission (CPUC) for Transportation Network Companies (TNC), requirements].
• You agree to maintain all required licenses, insurance, and certifications for the duration of your work with MomWgn.
• You will not make any misrepresentation regarding MomWgn, the MomWgn Service or your status as a Driver or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

3. Nature of MomWgn Service and Expectations

MomWgn offers a technology platform to provide the MomWgn Service and is not involved in the provision of Rides. MomWgn’s is only responsible for accepting payments from Registered Users on behalf of the Drivers and transmitting such payments to the Drivers as described below.

As a Driver, you agree to:

• Provide safe, timely, and professional transportation for all Riders.

• Follow all ride instructions and safety protocols issued by MomWgn.

• Remain with the child until they are received by an authorized adult or dropped off at a designated location that is open, safe, and publicly accessible.

• Report any behavioral concerns, safety issues, or incidents to MomWgn immediately.

• Maintain professional, respectful, and child-appropriate conduct at all times with the requisite training, background, experience, technical knowledge and skills necessary to perform Rides.

• Comply with all local, state, and federal regulations related to child transportation.

• You understand that parents/guardians may communicate with the MomWgn Ride Manager during a ride, but not directly with you while the ride is in progress.

You agree that you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under this Agreement and any agreements you make with Registered Users.

4. Prohibited Conduct

You agree that while performing services through MomWgn, you will not:

• Use or be under the influence of alcohol, illegal drugs, or impairing medications.
• Smoke, vape, or use e-cigarettes in or near the vehicle.
• Use your phone or personal devices for non-emergency purposes while a Rider is in the vehicle.
• Engage in personal errands, route deviations, or unauthorized stops.
• Leave a Rider unattended for any reason.
• Initiate physical contact with a Rider beyond what is reasonably required for safety (e.g., seat belt assistance when permitted by the parent).

Any violation of these rules may result in immediate termination of your access to the MomWgn Service. Further, you agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content (defined below), or otherwise conduct yourself in connection with performing Rides in a way, that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give MomWgn to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the MomWgn Service, or any individual element within the MomWgn Service, MomWgn’s name, any MomWgn trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the MomWgn Service, without MomWgn’s express written consent;
• Use the MomWgn Service or Content for any commercial purpose or in any manner not permitted by this Agreement;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the MomWgn Service;
• Collect or store any personally identifiable information from the MomWgn Service from other users of the MomWgn Service without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

5. Emergency Protocols and Safe Return Procedure

You agree to:

• Follow emergency procedures including contacting 911 and MomWgn when a child is in danger or needs urgent medical assistance.
• Participate in MomWgn’s Safe Return Protocol when a designated drop-off location is found to be unsafe, unstaffed, or closed. This includes returning the rider to a designated MomWgn Chapter or safe holding location, and waiting until a parent or authorized adult is reached.

You will be compensated for time and mileage in accordance with MomWgn’s current compensation policy.

6. Background Checks and Ongoing Screening

You agree to ongoing background checks and motor vehicle record monitoring while active on the MomWgn Service. You must immediately report any:

• Arrests, criminal charges, or convictions
• Suspensions, DUIs, or other changes in driving status
• Changes to insurance or vehicle registration

Failure to report disqualifying events may result in suspension or permanent removal from the MomWgn Service.

As a condition of your use of the MomWgn Service, and where requested by MomWgn, you agree to provide any required or applicable signed consent to enable MomWgn or its third party service provider to conduct any background checks, and you agree to provide additional information in order to perform (or have a third party perform) such background checks. This additional information may include your Social Security Number and DMV history.

7. Compensation and Payment Terms

You will be compensated per ride based on rates communicated through the MomWgn Driver interface. You understand and agree that:

• You are not entitled to employee benefits or minimum wage guarantees.
• You are responsible for your own tax reporting and obligations.
• You will receive IRS Form 1099 if required under federal law.
• Ride cancellations, no-shows, and Safe Return rides may include additional compensation as outlined in MomWgn’s current compensation policy.

8. Independent Contractor Status

You acknowledge that:

• You are an independent contractor and not an employee of MomWgn.

• Nothing in this Agreement shall be interpreted as creating a partnership, joint venture, or employment relationship.

• You are responsible for your own insurance, taxes, vehicle maintenance, and work schedule. 

• You are responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you pursuant to this Agreement.

• You will not be entitled to any benefits paid or made available by MomWgn to its employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by MomWgn pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.

9. Insurance Requirements

You must maintain:

• Personal auto insurance that meets California minimum requirements
• Notification to your insurer of commercial/TNC use if required
• Any other insurance coverage required by CPUC or MomWgn

You acknowledge that MomWgn maintains commercial liability insurance in accordance with CPUC TNC requirements, including periods when you are logged into the platform and available to accept rides, en route to a pickup, or actively transporting a rider.

10. Data and Confidentiality

You may be provided with sensitive information, including Rider names, schedules, addresses, or behavioral notes. You agree to:

• Use this information only for the purpose of fulfilling the scheduled ride
• Keep this information confidential and secure
• Not retain, share, or use this data after the ride is completed

Any violation of this section may result in termination and legal action.

11. Suspension or Deactivation

MomWgn reserves the right to immediately suspend or deactivate your access to the MomWgn Service at any time and for any reason, including but not limited to the following:

• Violation of any provision of this Agreement
• Safety concerns raised by parents or staff
• Regulatory noncompliance
• Criminal or driving offenses
• Failure to maintain eligibility criteria

12. Dispute Resolution and Arbitration

a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the MomWgn Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and MomWgn agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and MomWgn are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

b. Exceptions. As limited exceptions to Section 0 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

d. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

e. Injunctive and Declaratory Relief. Except as provided in Section b above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

f. Class Action Waiver. YOU AND MOMWGN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

g. Severability. With the exception of any of the provisions in Section f of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

13. Modifications to Agreement

MomWgn may modify this Agreement at any time. Updates will be communicated via email or your Driver interface. Continued use of the platform constitutes your agreement to the modified terms.

14. Termination

Either party may terminate this Agreement at any time, with or without cause. You must cease providing services immediately upon notice of deactivation or termination. Upon any termination, discontinuation or cancellation of MomWgn Service or your Driver account, the following sections will survive: “Compensation and Payment Terms,” “Independent Contractor Status” “Eligibility and Driver Requirements,” “Content Ownership and Responsibility,” “Termination,” “Warranty Disclaimers,” “Assumption of Risk and Indemnity,” “Limitation of Liability,” “Dispute Resolution and Arbitration” and “General Terms.”

15. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

16. Content and Content Rights

For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the MomWgn Service; and (ii) “User Content” means any Content that Drivers (including you) and Registered Users provide to be made available through the MomWgn Service. Content includes without limitation User Content.

a. Content Ownership and Responsibility
MomWgn does not claim any ownership rights in any User Content that you make available through the MomWgn Service and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, MomWgn and its licensors exclusively own all right, title and interest in and to the MomWgn Service and Content, including all associated intellectual property rights. You acknowledge that the MomWgn Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MomWgn Service.

b. Rights in User Content Granted by You
By making any User Content available through the Service, you hereby grant to MomWgn a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the MomWgn Service and Content to you and to other Drivers and Registered Users.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the MomWgn Service, nor any use of your User Content by MomWgn or Drivers, Registered Users on or through the MomWgn Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c. Rights in Content Granted by MomWgn
Subject to your compliance with this Agreement, MomWgn grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the MomWgn Service.

17. Warranty Disclaimers

THE MOMWGN SERVICE AND CONTENT THEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the MomWgn Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

MOMWGN MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM, RIDES, THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED, OR ANY ACTS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE DRIVER.

18. Assumption of Risk and Indemnity

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE MOMWGN SERVICE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY MOMWGN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR (I) ACCESS TO OR USE OF THE MOMWGN SERVICE OR CONTENT (II) YOUR PROVISION OF RIDES INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE PROVISION OF RIDES, (III) VIOLATION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF MOMWGN SERVICE OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE MOMWGN SERVICE, (IV) CLAIMS THAT MOMWGN VIOLATED ANY EMPLOYMENT LAWS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO WORKER CLASSIFICATION, OVERTIME, AND MEAL AND REST BREAKS, OR (V) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT MOMWGN IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS.

19. Limitation of Liability

NEITHER MOMWGN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MOMWGN SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE MOMWGN SERVICE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE MOMWGN SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOMWGN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MOMWGN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO ANY AGREEMENT WITH REGISTERED USERS OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO ANY SUCH AGREEMENT.
IN NO EVENT WILL MOMWGN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE MOMWGN SERVICE OR CONTENT EXCEED $1000.

THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MOMWGN AND YOU.

20. Governing Law and Forum Choice

This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 12 “Dispute Resolution and Arbitration,” the exclusive jurisdiction for all Disputes that you and MomWgn are not required to arbitrate will be the state and federal courts located in the County of Conta Costa, and you and MomWgn each waive any objection to jurisdiction and venue in such courts.

21. General Terms

This Agreement constitutes the entire and exclusive understanding and agreement between MomWgn and you regarding the MomWgn Service and Content, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between MomWgn and you regarding the MomWgn Service and Content. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

You may not assign or transfer this Agreement, by operation of law or otherwise, without MomWgn’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. MomWgn may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by MomWgn under this Agreement, including those regarding modifications to this Agreement, will be given: by MomWgn (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

MomWgn’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MomWgn. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

22. Contact Information

For questions about this Agreement or your status as a Driver, contact:
📧 [email protected]
📍 NPC Industries, LLC d/b/a MomWgn
1268 Lindell Drive, Walnut Creek, CA 94596