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The Necessary Legalese
This MomWgn Parent User Agreement (“Agreement”) is a legally binding contract between you (“you,” “your,” “Registered User”) and NPC Industries, LLC, a California limited liability company doing business as MomWgn (“MomWgn,” “we,” “our,” or “us”). By using our Services, scheduling a ride, creating an account, or authorizing a child to take a ride through your account, you agree to the terms of this Agreement. 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 “Services”.
Please read this Agreement carefully before using our Services.
You represent and warrant that:
MomWgn enables you to schedule and manage rides for your child(ren) aged 6 to 17 (each a “Rider”). Rides are provided by vetted, background-checked drivers registered with MomWgn to provide rides (“Drivers”) who operate as independent contractors. MomWgn does not own vehicles or directly employ Drivers.
We are not a childcare provider and do not supervise Drivers beyond onboarding, compliance checks, and platform oversight.
MomWgn will provide limited liability insurance covering Riders during rides. However, Drivers are otherwise responsible for insurance for the vehicles they use to provide rides.
WHILE THROUGH ITS SERVICES MOMWGM ENDEAVOURS TO PROVIDE REGISTERED USERS WITH ACCESS TO SKILLED AND CONSCIENTIOUS DRIVERS, MOMWGN DOES NOT CONTROL, AND CANNOT GUARANTEE THE SUITABILITY, RELIABILITY, OR ACCURACY OF, THE DRIVERS’ PROVISION OR PERFORMANCE OF RIDES NOR CAN MOMWGN MAKE ASSURANCES REGARDING THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED.
FOR THE AVOIDANCE OF DOUBT, MOMWGN DOES NOT PROVIDE TRANSPORTATION SERVICES, AND MOMWGN IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A REGISTERED USER THORUGH THE USE OF THE SERVICES. ANY DECISION BY A REGISTERED USER TO ACCEPT TRANSPORTATION ONCE SUCH REGISTERED USER IS MATCHED THROUGH THE SERVICES 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 SERVICES.
Drivers are not employees of MomWgn and nothing in this Agreement will be construed as establishing an employment or agency relationship between Drivers and MomWgn. Drivers have no authority to bind MomWgn by contract or otherwise. Drivers will determine, in their sole discretion, the manner and means by which Rides are provided and performed, subject to the requirement that they will at all times comply with applicable law, applicable Driver agreements and agreements between you and the Driver.
All Drivers undergo criminal background checks, DMV history checks, and identity verification.
Drivers must complete child transport safety training.
Parents may track rides in real time via 3rd party apps. Parents may communicate via text with the MomWgn Ride Manager. Due to safety concerns, parents may not communicate with Drivers directly while the ride is in progress.
Despite these protocols, without limiting any other terms of this Agreement, you acknowledge and accept the inherent risks of entrusting a third party to transport your child.
You agree to:
Ensure that each Rider understands and follows all safety guidelines, including proper behavior during pickup, drop-off, and the ride itself;
Provide accurate, up-to-date emergency contact information and any relevant medical or behavioral details for each Rider;
Accept full responsibility for all ride requests made through your account, whether initiated by you or your Riders
Regularly monitor ride activity and usage through the account interface;
Ensure a responsible adult is present at the designated drop-off location at the scheduled time. If a Driver determines that no safe or appropriate guardian is available to receive the child, the Driver may, at their discretion, initiate a return protocol by transporting the child to the nearest authorized MomWgn Chapter or safe location. You acknowledge and agree that in such cases, additional ride and wait time fees will apply, and you will be immediately notified.
Use the platform responsibly and report any safety concerns or unauthorized use immediately.
Only minors aged 6 to 17 years are permitted to ride unaccompanied. Children under 6 are not eligible for solo transport. If a child is determined to be underage at pickup, the ride will be canceled and fees may apply.
Payment Terms
You agree to pay, and authorize MomWgn’s third party payment processor to charge via the credit card or third party payment processing account on file in your account (your “Payment Method”) for all applicable fees and taxes that may accrue in relation to your use of the Services. You will be charged a fee by your Driver for each Ride completed by your Driver.
Cancellations
Rides may be canceled according to the cancellation policy posted within the website, whether the ride was scheduled by the Parent or by an authorized child user.
If a child is not present at the designated location within 5 minutes of the scheduled pickup time, the Driver may cancel the ride and charge a no-show fee.
Repeated no-shows — whether due to Parent-initiated or child-initiated scheduling — may result in account warnings, temporary suspension, or termination of Rider access privileges.
Drivers are instructed to contact emergency services in any situation that poses a threat to your child’s safety.
You authorize MomWgn and its Drivers to act in your Riders’ best interest in the event of an emergency, including contacting 911 or transporting to the nearest safe location if necessary.
You agree not to misuse the MomWgn platform, including by:
Misrepresenting a Rider’s age or identity;
Abusing, harassing, or threatening Drivers or staff;
Tampering with platform data or tracking features; or
Engaging in fraudulent activity.
Further you agree not to do any of the following:
THE SERVICES AND CONTENT 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 Services 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 CONDUCTS BACKGROUND CHECKS INCLUDING CRIMINAL AND MOTOR VEHICLE BACKGROUND CHECKS ALONG WITH A REVIEW OF OTHER RELEVANT BACKGROUND INFORMATION ON ITS DRIVERS. FURTHER, ONLY DRIVERS WHO SUCCESSFULLY COMPLETE MOMWGN’S SCREENING PROCESS, AS DETERMINED IN MOMWGN’S DISCRETION, WILL BE ALLOWED TO USE THE SERVICES TO PROVIDE RIDES. HOWEVER, THE PROVISION AND QUALITY OF RIDES REQUESTED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE APPLICABLE DRIVER. MOMWGN MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM A DRIVER’S PROVISION OF RIDES, THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED, ANY ACTS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE DRIVER, OR ANY LOSS OF OR DAMAGE TO YOUR PROPERTY OR THAT OF ACCOUNT PASSENGERS DURING OR AFTER A RIDE.
NEITHER MOMWGN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES 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 SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES 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, RIDERS OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO DRIVER’S PROVISION OF RIDES OR ANY RIDE CONTRACT OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO DRIVER’S ACTIONS OR INACTIONS, PROVISION OF RIDES OR ANY RIDE CONTRACT.
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 SERVICES OR CONTENT EXCEED $1000.
THE LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MOMWGN AND YOU.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. 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 (I) YOUR OR YOUR RIDERS ACCESS TO OR USE OF THE SERVICES OR CONTENT OR YOUR USER CONTENT (II) RIDE CONTRACTS OR YOUR OR YOUR RIDERS’ RECEIPT 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, OR (III) VIOLATION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
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 13 “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 Contra Costa, and you and MomWgn each waive any objection to jurisdiction and venue in such courts.
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 Services (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 13(a) 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.
We collect limited data necessary for service delivery. All parent and child data is handled in accordance with our Privacy Policy.
We may terminate or suspend your access if you violate this Agreement, provide false information, or if continued service is deemed unsafe.
MomWgn reserves the right to modify this Agreement at any time. Changes will be posted on the website and will be effective upon posting. Continued use of the Services constitutes acceptance.
Either party may terminate this Agreement at any time, with or without cause. We may terminate or suspend your access to the Services at any time and for any reason, including but not limited to if you violate this Agreement or provide false information. Upon any termination, discontinuation or cancellation of Services or your account, the following sections will survive: “Payments and Cancellations,” “Content Ownership and Responsibility,” “Termination,” “Warranty Disclaimers,” “Assumption of Risk and Indemnity,” “Limitation of Liability,” “Dispute Resolution and Arbitration” and “General Terms.”
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 Services; and (ii) “User Content” means any Content that Registered Users (including you) and Drivers provide to be made available through the MomWgn Services. 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 Services 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 Services and Content, including all associated intellectual property rights. You acknowledge that the Services 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 Services.
b. Rights in User Content Granted by You
By making any User Content available through the Services, 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 Services and Content to you and Drivers and other 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 Services, nor any use of your User Content by MomWgn or Drivers, Registered Users on or through the Services 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 Services.
MomWgn Drivers are trained to prioritize the safety and wellbeing of your child. In situations where the scheduled drop-off location is determined to be unsafe or unmonitored — including but not limited to: no adult present, venue unexpectedly closed, or an otherwise unclear or unsafe hand-off — the Driver will follow MomWgn’s “Safe Return Protocol”.
Under this protocol:
You acknowledge and accept this protocol as part of your use of the Services. MomWgn and its Drivers are not liable for any delay, disruption, or inconvenience arising from the need to follow the Safe Return Protocol.
MomWgn maintains commercial insurance coverage that meets or exceeds all requirements set by the California Public Utilities Commission (CPUC) for Transportation Network Companies (TNCs), including coverage for rides arranged through the MomWgn platform.
MomWgn disclaims responsibility for any claims or incidents occurring outside of the scope of its Services.
MomWgn is committed to making its services accessible to differently-abled children and guardians to the extent reasonably possible given available resources. While MomWgn does not guarantee the availability of wheelchair-accessible vehicles or drivers trained in specialized care, we are actively working to improve platform features that support accommodation requests.
Parents or guardians may indicate specific access needs during ride setup or within their account profile, and MomWgn will make good-faith efforts to match these needs with available Drivers. If you or your child has specific access needs, please contact [email protected] prior to requesting a ride.
This Agreement constitutes the entire and exclusive understanding and agreement between MomWgn and you regarding the Services and Content, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between MomWgn and you regarding the Services 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.
For questions or concerns regarding this Agreement, contact us at:
📧 [email protected]
📍 NPC Industries, LLC d/b/a MomWgn, 1268 Lindell Drive, Walnut Creek, CA 94596
By clicking “I Agree,” signing below, creating an account, or otherwise using the MomWgn platform, you consent to the terms of this User Agreement and agree that your electronic acceptance constitutes a legally binding signature.
You further agree that MomWgn may retain electronic records of your acceptance, including the date, time, user ID, and technical details such as IP address or device information, for the purpose of maintaining compliance with applicable laws and resolving potential disputes.
