§ 59E-17 Business Requirements – Contract with Driver.
RCNY § 59
The contract or agreement between the Interior Advertising Provider and the Licensed Driver for the lease, or use of an Approved Electronic Tablet, required by 35 RCNY § 59E-16, must contain provisions specifying that: (a) The Interior Advertising Provider agrees to compensate the Driver on no less than a weekly basis.
(b)Each party agrees that any limitation of liability in the contract or agreement shall not apply to any and all damages, fines, penalties, deficiencies, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from direct claims between the parties based on damage to real or tangible personal property, death or bodily injury caused by the negligent or willful conduct of a party.
(c)Termination of the relationship is permitted as follows: (1) The Interior Advertising Provider must provide to the Driver de-installation, return, or removal of the Approved Tablet at no charge.
(2)The Interior Advertising Provider or the Driver may terminate the relationship upon ten (10) days written notice to the other party.
(d)The Interior Advertising Provider and the Driver will agree that the contract is deemed to be executed in the City and State of New York, regardless of the domicile of the parties, and is governed by and construed in accordance with the laws of the State of New York (notwithstanding New York choice of law or conflict of law principles) and the laws of the United States, where applicable.
(e)The Interior Advertising Provider and the Driver agree that any and all claims asserted by or against either party arising under or related to the contract will be heard and determined either in the courts of the United States located in the City of New York or in the courts of New York State located in the City of New York.
(g)Availability. The contract, or terms and conditions, must be made available to the Driver at all times. Electronic signatures are permissible for electronic contracts or terms and conditions and all signed electronic contracts or terms and conditions must be transmitted electronically to the Driver by the Interior Advertising Provider. 35 RCNY § 59E-17(g)Penalty: $500 fine.Appearance NOT REQUIRED (h) Retaliation. An Interior Advertising Provider must not retaliate against any Driver for making a good faith complaint against any Interior Advertising Provider for violation of the contract provisions or terms and conditions in 35 RCNY § 59E-17. "Retaliation" will be broadly construed and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver. 35 RCNY § 59E-17(h)Penalty: $1,000 fine, plus restitution to the driver for losses for the first offense and a $10,000 fine plus restitution to the driver for the second offense within five years.Appearance NOT REQUIRED (Added City Record 2/4/2025, eff. 3/6/2025)
