VEHICLE RENTAL AGREEMENT

DEFINITIONS. “Agreement” means all terms and conditions found on both sides of this form, any addenda, or any additional materials we provide at the time of rental. “You” or “your” means the person identified as the renter on Page 1, any person signing this agreement, any authorized Driver, and any person or organization to whom charges are billed by us on your direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our” or “us” means the Rental Agent identified on Page 1. “Authorized Driver” means you, any additional driver approved by us and listed on this agreement, and any other driver authorized by law to operate the vehicle provided that person has a valid driver’s license and, unless the law of this state requires otherwise, is at least twenty-one (21) years of age. “Vehicle” means the automobile identified in this agreement and any substitute, including all tires, tools, accessories, keys, equipment, and vehicle documents. “Physical damage” means all damage to or loss of the Vehicle caused by collision or upset; it does not include damage or loss due to theft, vandalism, fire, hail, flood, natural disaster, riot, or civil disturbance. “Loss of use” means the amount calculated by multiplying the number of days/weeks/months from the date of damage to the Vehicle until it is repaired by the corresponding periodic rental rate, unless otherwise provided by law.

RENTAL. This agreement is a contract for the rental of the Vehicle. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR APPARENT REGARDING THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. We may repossess the Vehicle at your expense without notice if it is abandoned or used in violation of law or 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.

CONDITION AND RETURN OF VEHICLE. You must return the Vehicle to our rental office or other location we specify on the date and time specified and in the same condition you received it, except for ordinary wear. Any service or repairs must have our prior approval. You are responsible for checking and maintaining all fluid levels, including brake fluid.

RESPONSIBILITY FOR DAMAGE, LOSS, AND THEFT. You are responsible for all damage to or loss of the Vehicle, loss of use while it is being repaired, diminution of value caused by damage or repair, missing equipment, and all administrative costs we incur due to damage, theft, or vandalism, unless otherwise limited by law. You must report all accidents, theft, or vandalism to the police as soon as discovered and notify us immediately. You are responsible for all personal property left in the Vehicle. You must cooperate with us and law enforcement in any investigation of theft, vandalism, or other criminal activity involving the Vehicle.

LIABILITY INSURANCE. You are responsible for all damage or loss you cause to others. You agree to provide auto liability insurance covering you, us, and the Vehicle. If you have insurance, we provide no liability insurance. Where required by law or if you have no insurance, we provide liability insurance excess to any coverage you may have. Coverage applies only in the United States. Coverage is void if you violate this Agreement, allow an unauthorized driver, operate the Vehicle under the influence, or fail to cooperate in any loss investigation. You will indemnify, defend, and hold us harmless from all liability, costs, and attorney fees arising out of use of the Vehicle in excess of or excluded from any coverage provided to you under the policy.

TOLLS, TICKETS, AND VIOLATIONS. You are responsible for all tolls, parking tickets, traffic citations, and other violations incurred during the rental. You release us from any liability for such charges, fines, penalties, or related costs. We may charge your deposit, credit card, or other payment method for payment of such tolls, tickets, or violations, including administrative fees.

CHARGES. You will pay us on demand for all charges allowed by law, including:
(a) time and usage for the rental period;
(b) charges for optional services;
(c) applicable taxes;
(d) repair or replacement costs for damage, loss, or theft, including loss of use, diminution in value, and administrative fees;
(e) fines, penalties, court costs, towing, or other expenses involving the Vehicle unless our fault;
(f) costs to locate and recover the Vehicle if not returned;
(g) attorney fees and collection costs;
(h) a 2% late payment fee or maximum allowed by law;
(i) 1.5% per month interest or maximum allowed;
(j) $50 plus $5 per mile between rental and return/recovery location; and
(k) $25 or the maximum allowed if paying by check with insufficient funds.
Additional fees may include cleaning, environmental, or biohazard fees for extreme conditions of the Vehicle.

DEPOSIT. We may apply your deposit to any amounts owed under this Agreement. You authorize us to charge the deposit for damages, fees, tolls, tickets, or other costs incurred.

BREACH OF AGREEMENT. If you breach this Agreement, you are liable for all damage or loss caused by your breach, unless limited by law.

MODIFICATIONS. No term of this Agreement can be waived or modified except in writing signed by us. Extensions must be approved in writing by us.

MISCELLANEOUS. No waiver by us of any breach constitutes a waiver of any other breach. Unless prohibited by law, you release us from any consequential, special, or punitive damages. If any provision is void or unenforceable, the remaining provisions are valid. This Agreement is the entire agreement between you and us.

RENTAL AGREEMENT VIOLATIONS. Any of the following void coverage and make you fully liable for all damages, loss, and fees:
(a) Operation by an unauthorized driver;
(b) Violation of this Agreement while operating the Vehicle;
(c) Driving under the influence of drugs or alcohol;
(d) Reckless driving, including off-road use, carrying hazardous substances, overweight loads, or improper clearance;
(e) Transporting more passengers than seat belts or outside the passenger compartment;
(f) Illegal activity or violation of any law, rule, or regulation;
(g) Carrying persons or property for hire;
(h) Participation in speed contests or organized racing;
(i) Towing or pushing other vehicles or objects without approval;
(j) Providing false or misleading information to obtain the Vehicle;
(k) Operating outside the continental United States and Canada;
(l) Leaving the Vehicle unlocked or keys inside, resulting in theft;
(m) Tampering with GPS or tracking devices;
(n) Modifying the Vehicle without approval.