Definitions. “Agreement” means all terms and conditions found on both sides of this form. “You” or “your”
means the person identified as the customer elsewhere
in this Agreement, any person signing this Agreement, any Authorized Driver and any person or
organization to whom charges are billed by us at its or the
customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this
Agreement. ”We”, “our” or “us” means the business named
on the reverse side of this Agreement. “Authorized Driver” means the renter and any additional driver
listed by us on this Agreement, provided that person has
a valid driver’s license and is at least age 21. Only Authorized Drivers may operate the Vehicle. “Vehicle”
means the automobile or truck identified in this
Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and
vehicle documents. “Physical Damage” means damage
to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss,
such as: loss of the Vehicle due to theft; vandalism;
act of nature; riot or civil disturbance; hail, flood; or, fire. Physical Damage excludes interior burn holes,
window stars or cracks not caused by collision or upset.
“Loss of use” means the loss of our ability to use the Vehicle for any purpose caused by damage or loss
during this rental. Loss of use is calculated by multiplying
the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the
daily rental rate.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess
the Vehicle at your expense without notice to you, if the of, the Vehicle until we inspect it upon our next opening for business. 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.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all loss or theft of, or
damage to, the Vehicle, which includes the cost of
repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable
or if we elect not to repair the vehicle, plus loss of use,
diminished value of the Vehicle caused by damage to it or repair of it, 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.
5. Breach of Agreement: the acts listed here are prohibited uses of the rental vehicle. Any loss or damage
that (a) is caused by anyone who is not
an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by
anyone under the influence of
prescription or non-prescription drugs or alcohol; (c) is I 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 items or illegal material in or on the Vehicle; (h) occurs outside the geographic limitations
indicated on the reverse; (i) occurs when
it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs
while transporting more persons
than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (I) occurs
while transporting children without
approved child safety seats as required by law; (m) occurs and the odometer has been tampered with
or disconnected; (n) occurs when the
vehicle’s fluid levels are low, or It is otherwise reasonable to expect you to know that further operation
would damage the vehicle; (o) results
from inadequately secured cargo; (p) where applicable, Is caused by anyone who lacks experience
operating a manual transmission; (q) is a primary, secondary, excess or contingent The
Policy provides bodily injury and property damage liability coverage with limits no higher than minimum
levels prescribed by the vehicular financial
responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments,
no-fault and uninsured and under-insured motorist
coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement, or if you
fail to cooperate in any loss investigation conducted
by us or our insurer.
7. 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 charged based on our
experience if the odometer is tampered with or
disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d)
fuel, if you return the Vehicle with less fuel
than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties,
forfeitures, court costs, towing, impound and storage
charges and other expenses involving the Vehicle assessed against us or the vehicle, unless these
expenses are our fault; (g) $50, plus $5/mile
for every mile between the renting location and the place where the Vehicle is returned, repossessed or
abandoned, plus all other expenses we
incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle
under the terms of this Agreement; (h) all
costs. including pre- and post-judgment attorney fees, we incur collecting payment from you or
otherwise enforcing our rights under this Agreement;
(i) a 2% per month late payment fee , or the maximum amount allowed by law (if less than 2%) on all
amounts past due; (j) $50 or the
maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for
any reason; and (k) a reasonable fee not
to exceed $350 to clean the Vehicle if returned substantially less clean than when rented.
8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your
personal property (including a vehicle) 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 any of our rights under this Agreement does not
constitute a waiver of any other provision of this Agreement. Unless prohibited by law, 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.