User Content Policy
Certain portions of the Services may allow users to upload or otherwise provide The 5 Ride with images, photos, video, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in your Product’s Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sub-license these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize The 5 Ride and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. We will not use client contact information that is uploaded by agents into The 5 Ride’s database for any purpose, unless that client contact information is otherwise provided to us directly by the client.
Listing Quality Policy
All user posted listing for open mics must conform to the following minimum standards; (a) all information must accurately reflect the event details; (b) the event must maintain a user rating above two (2) stars in any given 30 day period; (c) all positions must be filled equitably and without prejudice; (d) remain free of controversy and overly negative reviews; (e) compensate comedians as outlined in the posted listing; (f) workers, hosts, producers, and venue staff must conduct themselves in accordance with our Code of Ethic and Sexual Harassment Policy; (g) all open mics must be open to the public without any cover, door charge, pre-sale, or minimum spend, OR must compensate all workers no less that $2 per minute of booked set time. Failure to maintain minimum standards may result in the deletion, removal, modification, or termination of a users listings and/or revocation of permission to post future listings. If you have paid for premium services that include listings services, you will not be eligible for a refund in the event of deletion, removal, modification, or termination of a users listings and/or revocation of permissions.
Student/Teacher Policy
Students
All students must conduct themselves in accordance with our Code or Ethics and Sexual Harassment Policy. Students agree to treat all teachers and students equitably and without prejudice. Students are responsible for the timely completion of their curriculum, communication with students and teachers (whether on this platform or another), and all user content they upload to the site. The copying and/or distribution of this or indeed ANY The 5 Ride coursework is punishable by civil and criminal penalty and will be pursued to the fullest extent of the law. Failure to comply with the provisions set forth in this policy may result in revocation of access to paid content, deletion of user account, content, and data. In the event of termination due to cause students will not be eligible for a refund for uncompleted coursework. The 5 Ride in its sole discretion may elect to mail a physical copy of coursework materials for an additional fee of $75.
Teachers
All instructors must conduct themselves in accordance with our Code or Ethics and Sexual Harassment Policy. Teachers agree to treat all students equitably and without prejudice. Teachers are responsible for the content of their curriculum. If any content is found to be erroneous, misleading, or libelous you will be held responsible for any and all loss incurred personally or by The 5 Ride and it’s respective students. Upon discovery of problematic content your courses will be removed and you will be notified. In the case of minor errors, you may be given a grace period to submit and remedy your content. During this time ALL STUDENTS ENROLLED IN YOUR CLASS WILL BE ISSUED A REFUND AND ALL REFUNDS WILL BE DEDUCTED FROM YOUR NEXT SCHEDULED PAYOUT.
Refund Policy
Application Courses
All courses are designed to provide a level playing field for applicants based on merit. If an applicant finds a course is too confusing or has difficulty accessing a computer capable of utilizing a course or final quiz, you will be eligible for a written version of the course and test at no cost to you. If you have lost access to a course you have yet to finish and believe this was due to it being removed, please contact the5rideofdestin@gmail.com
Affiliate Services
If you are an outside producer/contractor that has entered into a premium services agreement with The 5 Ride you are contractually obligated by law to honor and satisfy the terms of that agreement. Failure to do so may result in civil litigation and termination of service with no notice. In the event of termination, you will still be liable for any and all conditions, including payments, due to The 5 Ride and, pursuant with the agreement, subject to civil action.
Covid-19 Safety Pledge
In order to curtail the deadly covid-19 pandemic The 5 Ride created the Covid-19 Safety Pledge. Events that adhere to the following conditions will be marked with the safety pledge icon;
1) You are entitled to a refund (minus processing) up to 24 hours before scheduled departure.
2) All guests and drivers are required to wear a mask in the vehicle.
3) Driver will remain masked for the duration of the event.
4) Vehicles will be sanitized moments before the doors open to ticket holders.
5) If a case is reported to us, all guests will be notified of the exposure.
6) We promise to be proactive about monitoring cases in our area.
7) We will NOT host the event during a code purple period.
8) Staff are required to be vaccinated or tested within 48 hours of the event.
In addition to the above, venues may require the following optional provisions;
1) Requirement of a valid CDC vaccination card or proof of recent negative covid-19 test result.
2) Masks and/or temperature checks before entering the venue.
In order to execute our events safely, we work closely with local health departments and take no chances with the health and safety of both our customers and staff. As a result we may cancel events if new cases peak. Strict adherence to the above guidelines keeps our customers safe and our heads above water.
Vendor Compensation Guidelines
All employees and contractors working under a vendor on The 5 Ride platform MUST be compensated a wage proportional to their labor and any additional compensation offered to such workers will be enforced as though it were a 5 Ride policy. Failure to compensate workers as agreed may result in termination of a users current listings, appointments, services, and revocation of permissions to post in the future, as well as civil and criminal charges where applicable. We take defrauding workers VERY SERIOUSLY. If The 5 Ride has to remunerate workers for a breach of contract, we can and in all likelihood will file criminal charges against the vendor and push the local courts to bar them from holding a business licence in the municipality.
Sexual Harassment Policy
The 5 Ride is committed to providing a safe environment for all its
employees and contractors. This means an environment free from
discrimination and harassment at work, including sexual harassment. We at
The 5 Ride operate under a zero tolerance policy for any form of sexual
harassment in the workplace. The 5 Ride and its director, officers,
clients and employees are to treat all incidents seriously and promptly
investigate all allegations of sexual harassment. Any person found to have
sexually harassed another will face disciplinary action, up to and including
dismissal from employment without compensation whatsoever. All
complaints of sexual harassment will be taken seriously. Victims will be
treated with respect, dignity, and with the strictest of confidence. No one will
be victimized for making such a complaint unless it becomes known that it
was done so both erroneously and with clear intention to manipulate or harm.
Explicit Violations
The following examples of sexual harassment (especially when repeated or
witnessed) are gross violations under the The 5 Ride code of ethics
and grounds for immediate dismissal without compensation.
Physical conduct
- Unwelcome physical contact including hugging or touching.
- Unwanted sexual advances like kissing, groping, slapping, or pinching
- The use of job-related threats or rewards to solicit sexual favors
Verbal conduct
- Unwelcome comments on a worker’s appearance, age, private life, etc.
- Any sexual comment made off stage and directed toward an individual.
- Sexual propositions, advances, or catcalling of any type.
- Repeated and unwanted social invitations for dates or physical intimacy
- Anatomical comments based on sexuality, gender, or race.
- Levy remarks made to publicly sexually embarrass fellow workers.
Non-verbal conduct
- Public display of sexually explicit or suggestive material.
- Sexually-suggestive gesture or facial expressions directed at individuals
- Demeaning noises such as whistling, smooching, snapping, or shouting
- Leering or staring especially if accompanied with winkings or pouting.
- Sending of sexually explicit messages, pictures, or URLs.
Reach of consequences
All sexual harassment is prohibited whether it takes place within premises of
The 5 Ride and its affiliates or not. This includes but is not limited to;
social events, business trips, training workshops, conferences, sponsored
events, and any social media space or entity affiliated with The 5 Ride.
(If you sexually harass someone on Facebook, you might as well have done it in the vehicle)
Reporting Sexual Harassment
Anyone who is subject to sexual harassment should, if possible, inform the
alleged harasser that the conduct is unwanted and unwelcome. The 5 Ride recognizes that sexual harassment may occur in unequal
relationships (i.e. between a supervisor and his/her/their employee) and that it
may not be possible for the victim to inform the alleged harasser. If a victim
cannot directly approach an alleged harasser, he/she/they can approach one
of the designated staff members responsible for receiving complaints of
sexual harassment. This person could be another supervisor, the local
chairperson or one of their assigned lieutenants. When a designated person
receives a complaint of sexual harassment, he/she/they will:
- Immediately record the date, time, and take the victims statements.
- Ascertain the views of the victim as to what outcome he/she/they want.
- Ensure that the victim understands the company’s procedures for
dealing with the complaint
- Discuss and agree on either an informal or formal complaint, on the
understanding that choosing to resolve the matter informally does not
preclude the victim from pursuing a formal complaint if they are not
satisfied with the outcome
- Keep a confidential record of all discussions
- Respect the choice of the victim
- Ensure that the victim knows that they can lodge the complaint outside
of the company through the relevant legal framework
Informal Complaints Mechanism
Though instances of sexual harassment are detrimental to corporate morale
and often traumatic to its victims, cases can often be handled quickly and with
satisfactory outcomes when the matter is addressed informally. That is to say
when both parties agree to discuss and address the issue head on.
If the victim wishes to handle the matter informally, the mediator will:
- Give an opportunity to the alleged harasser to respond to the complaint
- Ensure that the alleged harasser understands complaint mechanisms
- Facilitate discussion between both parties to achieve an informal
resolution which is acceptable to the complainant
- Ensure that a confidential record is kept of what happens
- Follow up after the outcome of the complaints mechanism to ensure
that the behavior has stopped
- Ensure that the above is done in a timely manner
Formal complaints mechanism
If the victim wants to make a formal complaint or if the informal complaint
mechanism has not led to a satisfactory outcome for the victim, the formal
complaint mechanism should be used to resolve the matter. The designated
person who initially received the complaint will refer the matter to their local
supervisor to instigate a formal investigation. The supervisor may; deal with
the matter themselves, refer the matter to one of their lieutenants, or in cases
occurring at a The 5 Ride event, refer the matter to a committee.
If the victim wishes to handle the matter formally, the mediator or committee
will:
- Interview the victim and the alleged harasser separately
- Interview other relevant third parties separately
- Decide whether or not the incident(s) of sexual harassment took place
- Produce a report detailing the investigations findings
- If the harassment took place, decide what the appropriate remedy for
the victim is (i.e.- an apology, a change of working arrangements, a
promotion if the victim was demoted as a result of the harassment,
training for the harasser, discipline, suspension, or dismissal)
- Follow up to ensure that the recommendations are implemented, that
the behavior has stopped and that the victim is satisfied with the
outcome
- If it cannot determine that the harassment took place, he/she/they may
still make recommendations to ensure proper functioning of the
workplace
- Keep a record of all actions taken
- Ensure that all records concerning the matter are kept confidential
- Ensure that the process is done as quickly as is prudent.
Implementation of this policy
The 5 Ride will ensure that this policy is widely disseminated to all
relevant persons. All new employees are required to read and understand the
content of this policy as part of their induction into the company. Every year,
The 5 Ride may require employees to affirm their understanding of and
agreement with the content of this policy. It is the responsibility of every
producer to ensure that all his/her employees and contractors are aware of
the policy, and failure to enforce it will be met with the same consequences as
violating it.
Code of Ethics
This Code of Ethics sets forth legal and ethical standards for directors,
officers and employees of The 5 Ride. This Code is intended to deter
wrongdoing and to promote the ethical conduct of all Company business.
Compliance with Laws, Rules and Regulations
The 5 Ride requires that all employees, officers and directors comply
with all laws, rules and regulations applicable to the business. You are
expected to use sound judgment and common sense to comply with all
applicable laws, rules and regulations.
If you become aware of the violation of any law, rule or regulation by the
Company, whether by its officers, employees, directors, or any third party
doing business on behalf of the Company, it is your responsibility to promptly
report the matter to your supervisor. Examples of violations include but are
not limited to;
- The illegal sale of drugs or alcohol, especially to minors.
- The use of illegal substances on property belonging to The 5 Ride or its clients.
- Assault or violence of any form, whether it be sexual, physical, or verbal.
- Racism, Sexism, Homophobia, or discrimination in any form.
- Sexual harassment in any form, especially those outlined by The 5 Ride’s sexual harassment policy.
Conflicts of Interest
Employees, officers and directors must act in the best interests of the
Company. You must refrain from engaging in any activity or having a personal
interest that presents a “conflict of interest”. It is your responsibility to
disclose any transaction or relationship that reasonably could be expected to
give rise to a conflict of interest. Examples of “conflicts of interest” include
but are not limited to;
- Soliciting personal business with The 5 Ride’s potential clients,
proposed or under contract, especially in a capacity that potentially
diminishes the company’s future endeavors.
- Soliciting personal business with a competitor of The 5 Ride’s
clients, more specifically if the business solicited is to be conducted on
the same date as a The 5 Ride event.
Confidentiality
Employees, officers and directors must maintain the confidentiality of
confidential information entrusted to them in their capacity with The 5 Ride. Unauthorized disclosure of any confidential information is
prohibited. Additionally, employees should take appropriate precautions to
ensure that confidential or sensitive business information, whether it is
proprietary to the Company or another company, is not communicated within
the Company except to employees who have a need to know such information
to perform their responsibilities. Examples of violations include but are not
limited to;
- Disclosing personal information of The 5 Ride employees to the
public rather than a supervisor.
- Reverse engineering, sharing or publication of The 5 Ride’s
software, event formats, line up notes, examination answers, voicemail
messages, SMS communications, online text communications, email
communications, or any other proprietary information integral to the
functions of the company regardless of how ubiquitous that information
may seem.
Honest and Ethical Conduct and Fair Dealing
Employees, officers and directors should deal honestly, ethically and fairly
with The 5 Ride’s suppliers, customers, competitors and employees.
Statements regarding the Company’s products and services must not be
untrue, misleading, deceptive or fraudulent. You must not take unfair
advantage of anyone through manipulation, concealment, abuse of privileged
information, misrepresentation of material facts or any other unfair-dealing
practice. This is especially important to keep in mind when tasked with the
duty of advertising for a service. Examples of violations include but are not limited
to;
- Propagating information that leads customers to believe; a service will
cost more later when the price is actually fixed, the service is only
Available via you or only at your location, etc.
- Misleading or manipulating customers or staff for personal gain.
Protection and Proper Use of Corporate Opportunities
Employees, officers and directors must advance the Company’s legitimate
interests when the opportunity to do so arises. You must not take for yourself
personal opportunities that are discovered through your position with the
Company or the use of property or information of the Company. Examples of
violations include but are not limited to;
- Unauthorized use of The 5 Ride equipment
- Soliciting personal business from clients with company resources like;
corporate email address, letterhead, logo, business cards, etc
- Leveraging company assets or one’s position to coerce parties other
than those affiliated with The 5 Ride.
Accuracy of Books and Records and Public Reports
Employees, officers and directors must honestly and accurately report all
business transactions. You are responsible for the accuracy of your records
and reports. Accurate information is essential to the Company’s ability to
meet legal and regulatory obligations. Examples of violations include but are
not limited to;
- Receiving unreported gratuities including but limited to money, alcohol,
food, credit cards, vouchers, tickets, and/or gift certificates. All
gratuities must be reported to a supervisor and recorded.
- Neglecting to accurately record the attendance of workers resulting
in an inaccurate representation of benefits.
Reporting and Compliance Procedures
Every employee, officer and director has the responsibility to ask questions,
seek guidance, report suspected violations and express concerns regarding
compliance with this Code. Any employee, officer or director who knows or
believes that any other employee or representative of the Company has
engaged or is engaging in Company-related conduct that violates applicable
law or this Code should report such information to his/her/their supervisor or
to the local chairperson. Such reports should be made without any fear of
retaliation. The Company will not discipline, discriminate against or retaliate
against any employee who reports such conduct, unless it is found that the
report was made with knowledge that it was false, or who cooperates in any
investigation or inquiry regarding such conduct. The 5 Ride and its
directors, officers, clients and employees are to treat all incidents seriously
and promptly investigate all violations of this code of ethics. Any person
found to have violated these policies will face disciplinary action, up to and
including dismissal from employment without any further compensation
whatsoever.
All The 5 Ride’s directors, officers, clients and employees MUST hereby
agree to the terms of this code of ethics before beginning employment with,
executing contract for, or receiving services from The 5 Ride and its
affiliates.