Terms and Conditions
RENTAL TERMS AND CONDITIONS
1. 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 Vehicle is abandoned or used in violation of law
or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability,
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.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office on the date and time
specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If
the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to,
or loss 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 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 result of your willful, wanton
or reckless act or misconduct; (r) occurs and you fail to summon the police to any accident involving
personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; breach 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.
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto
liability, collision and comprehensive insurance covering you, us and the Vehicle. Where state law
requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto
liability insurance (the "Policy") that is secondary to any other valid and collectible insurance whether
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
or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we
have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for
inspection and written amendment by us of the due-in date. This Agreement constitutes the entire
agreement between you and us. All prior representations and agreements between you and us
regarding this rental are void.
11. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional
breach or waiver of the performance of your obligations under this Agreement. Our acceptance of
payment from you or our 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. 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.