Terms
Definitions. “Agreement” means all terms and conditions found on both sides of this form. “You” or “Your” means the person identified as the renter on the reverse side of this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed at Your direction or that is the renter’s employer. All persons referred to as “You” or “Your” are jointly and severally bound by this Agreement. “We,” “Our” or “Us” means the independent dealer named on the reverse side of this Agreement. “Authorized Driver” means the renter and the persons listed by Us as additional drivers on the reverse side of this Agreement, provided that each such person possesses a valid driver’s license and is at least age 23. “Vehicle” means the automobile identified in this Agreement and any Vehicle We substitute, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “PDW” means Physical Damage Waiver. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive losses such as theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. “Loss of Use” means the loss of Our right to use the Vehicle when caused by its damage to a degree that it is out of use during this rental. Loss of Use is calculated by multiplying the daily rental rate shown on the reverse side of this Agreement times the number of days the Vehicle is out of service for repair or replacement. “Diminished Value” means the difference between actual cash value of the Vehicle just prior to damage or loss and the lesser actual cash value of the Vehicle after repair.
Rental; Indemnity and Warranties. This is a rental of the Vehicle. You may repossess the Vehicle at Your expense without notice to You, if the Vehicle is abandoned or used in violation of law or of this Agreement. You will indemnify Us, defend Us and hold Us harmless from all claims, liabilities, costs and attorney fees We incur resulting from or arising out of this rental and Your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
Condition and Return of Vehicle. You must return the Vehicle to Our office or other location We specify, on the date and time specified in this Agreement, and in the same condition that You received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have Our prior approval. You must check and maintain all fluid levels.
Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to, or loss of theft of, the Vehicle, including damage caused by weather, road conditions and acts of nature, whether or not You are at fault. You are also responsible for the cost of repair, Loss of Use, Diminished Value, and Our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to Us and the police as soon as You discover them.
Physical Damage Waiver. If You purchase PDW, Your responsibility for Physical Damage to the Vehicle will be limited to the amount shown in the reverse side of this Agreement. Your responsibility for damage to the Vehicle will not be waived by Our waiver if the damage or loss: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended or invalid; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving Us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous materials, explosives or corrosives in or on the Vehicle; (h) occurs in Mexico or anywhere outside the United States or Canada; (i) occurs when the Vehicle is loaded beyond its manufacturer-specified gross weight; (j) occurs while transporting children without approved child seat belts, or while carrying persons outside the passenger compartment; (k) occurs while transporting children without properly attached child safety seats as required by law; (l) occurs and the odometer has been tampered with or disconnected; (m) occurs when Vehicle’s fluid levels are low, or it is otherwise reasonable to expect You to know that further operation would damage the Vehicle; (n) results from inadequate security or care; (o) where applicable, is caused by anyone backs recklessly operating a manual transmission; (p) is a result of Your willful, wanton or reckless act; (q) occurs and You fail to summon the police to any accident involving personal injury or property damage; or (r) is caused by an animal transported in the Vehicle.
Insurance. You are responsible for all injury, damage or loss You cause to others. You agree to provide primary auto liability, collision and comprehensive insurance covering You, Us and the Vehicle. Where state law requires Us to provide auto liability insurance coverage, or if You have no auto liability insurance, We provide insurance subject to the minimum financial responsibility limits of the applicable state. This insurance is excess to any insurance coverage You have. The Policy shall not cover any injury or damage caused while the Vehicle is used in violation of this Agreement. Giving the Vehicle to any person not an Authorized Driver terminates Our liability insurance coverage, if any.
Charges. You will pay Us, or the appropriate government authorities, on demand, all charges due Us under this Agreement, including but not limited to: (a) time and mileage for the period You keep the Vehicle, or a mileage charge based on Our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services You purchased (fuel, PAI, PEC, etc.); (d) fuel, if You return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all traffic, parking and toll violations, fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against Us or the Vehicle; (g) if You fail to pay a parking or toll charge to the charging authority, We will bill You all fees owed to the charging authority plus Our administrative fee of $50 for each violation; (h) all expenses We incur recovering the Vehicle if You fail to return it or pay charges; (i) all costs, including pre- and post-judgment attorney fees, We incur collecting payment from You or otherwise enforcing Our rights under this Agreement; (j) a 2% per month late payment fee, or the maximum amount allowed by law; (k) $50 or the maximum permitted by law, whichever is greater, if You pay Us with a check returned unpaid for any reason; and (l) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented.
Deposit. We may use Your deposit to pay any amounts owed to Us under this Agreement.
Your Property. You release Us, Our agents and employees from all claims for loss of, or damage to, Your personal property or that of any other person that We received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in Our offices, whether or not the loss or damage was caused by Our negligence or otherwise.
Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against Us for any criminal reports or prosecutions that We take against You that arise out of Your breach of this Agreement.
Modifications. No term of this Agreement can be waived or modified except by writing signed by one of Our authorized representatives. If You wish to extend the rental period, You must return the Vehicle to Our office for inspection and written amendment by Us by the Date Due. This Agreement constitutes the entire agreement between You and Us. All prior representations and agreements between You and Us regarding this rental are void.
Miscellaneous. A waiver by Us of any breach of this Agreement is not a waiver of any additional breach or waiver of performance of Your obligations under this Agreement. Our acceptance of payment from You or failure, refusal or neglect to exercise any of Our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release Us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
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