- Definitions: The term 'Agreement' encompasses all the terms and conditions stated on both sides of this document, any attached addenda, and any supplementary materials provided during the rental process. The pronouns "You" or "Yours" refer to the individual identified as the renter on the back of this form, any individual who signs this Agreement, any Authorized Driver, and any individual or organization designated by you for billing purposes. All individuals referred to as 'you' or 'your' are collectively and individually obligated by this agreement. The terms 'We', 'Our', or 'Us' denote the business named on the reverse side. An 'Authorized Driver' includes the renter, the renter's spouse, the renter's employer, and co-worker engaged in business activities with the renter while using the Vehicle, provided they are at least 25 years old and possess a valid driver's license. The term 'Vehicle' refers to the motor vehicle specified in this Agreement, including any substitute vehicle, along with all associated tires, tools, accessories, equipment, keys, and vehicle documents. 'CDW' stands for Collision Damage Waiver.
- Rental Indemnity and Warranties: This Agreement constitutes a rental contract for the Vehicle. By entering into this Agreement, you agree to indemnify, defend, and release us from any and all claims, liabilities, costs, and attorney fees incurred as a result of or arising from this rental. We do not provide any warranties, whether express, implied, or apparent, with respect to the Vehicle. This includes no warranty of merchantability or fitness for a specific purpose.
- Condition and Return of Vehicle: It is your responsibility to return the Vehicle to our designated rental office or any other location specified by us, on the specified date and time indicated in this Agreement, and in the same condition in which you received it, excluding normal wear and tear. Any servicing or replacement of parts or accessories during the rental period requires our prior approval. You are required to monitor and maintain appropriate fluid levels in the Vehicle. In the event that the Vehicle is abandoned or used in violation of the law or the terms of this Agreement, we reserve the right to repossess the Vehicle at your expense without prior notice to you.
- Responsibility for Damage or Loss; Reporting to Police: You bear full responsibility for any physical or mechanical damage to the Vehicle, as well as the loss of its functionality, diminished value, missing equipment, and any administrative expenses incurred in relation to a damage claim, regardless of fault. Additionally, you are accountable for any losses resulting from the theft of the Vehicle and any damages caused by acts of vandalism. Allowing an individual who is not an Authorized Driver to operate the Vehicle is considered a willful and reckless act, demonstrating a failure to exercise ordinary care and constituting a breach of this agreement. It is mandatory for you to promptly report all accidents involving the Vehicle, as well as instances of theft or vandalism, to us within 24 hours of their occurrence. Furthermore, you must also report these incidents to the appropriate law enforcement authorities as soon as you become aware of them.
- Collision Damage Waiver: If you choose to accept and pay for the Collision Damage Waiver (CDW) upon returning the Vehicle or terminating this Agreement, we will waive our right to seek reimbursement from you for any physical or mechanical damage or loss incurred by the Vehicle. However, this waiver will not be applicable if the damage to the Vehicle is a result of the following: (a) intentional, willful, wanton, or reckless behavior on your part; (b) operating the Vehicle while under the influence of drugs or alcohol, in violation of Section 23152 of the California Vehicle Code; (c) towing or pushing any object with the Vehicle; (d) driving the Vehicle on an unpaved road, leading to damage or loss directly caused by the road or driving conditions; (e) using the Vehicle for commercial purposes, rental, or engaging in activities that could be considered a felony offense; (f) participating in speed tests, contests, or driver training activities with the Vehicle; (g) allowing a person who is not an Authorized Driver to operate the Vehicle; (h) operating the Vehicle outside the United States; (i) utilizing the Vehicle after providing fraudulent information to us, or providing false information that would have resulted in the non-rental of the Vehicle had we received accurate information.
- Insurance: It is your sole responsibility to assume liability for any damage or loss incurred by the rental Vehicle or any third parties. You are required to obtain primary auto liability insurance, along with collision and comprehensive coverage that includes protection for yourself, us, and the Vehicle. Additionally, uninsured or under-insured motorist coverage should be included in your insurance policy. Please be aware that if you allow an unauthorized driver to use the Vehicle, our liability insurance, if applicable, will be terminated. In the event of a liability loss, this Agreement will be interpreted and governed by the laws of the jurisdiction where the loss occurred.
- Charges: You are obligated to promptly pay us for all charges incurred under this Agreement, as permitted by law. These charges include, but are not limited to: (a) fees based on the duration of the rental period and mileage, or a mileage charge determined by our standard rates if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) costs for optional products or services selected by you; (d) fuel expenses if the Vehicle is returned with less fuel than when rented; (e) applicable taxes; (f) the cost of repairing any loss or damage to the Vehicle, or the retail cash value of the Vehicle on the date of the loss if it is not repairable or we choose to sell it without repairs, along with administrative fees associated with processing the claim; (g) any fines, penalties, court costs, towing, storage, impound charges, or other expenses incurred by us or the Vehicle during your rental, unless these expenses are attributable to our fault; (h) expenses related to locating and recovering the Vehicle if you fail to return it or if we decide to repossess it in accordance with the terms of this Agreement; (i) costs, including pre- and post-judgment attorney fees, incurred in collecting payment from you or enforcing our rights under this Agreement; (j) a late payment fee of 2% (or the maximum amount allowed by law, if lower) on any overdue amounts; (k) an interest charge of 1% per month or the maximum amount permitted by the laws of the State of California, for any outstanding amounts unpaid upon returning the Vehicle; (l) a fee of $100, plus $15 per mile for the distance between the rental location and the place of return or abandonment of the Vehicle, in addition to any other recovery expenses we incur; and (m) a reasonable fee, not exceeding $500, to clean the Vehicle if it is returned significantly less clean than when initially rented, unless otherwise specified on the front page of the rental agreement, which covers cleaning fees for smoking or pets.
- Deposit: We reserve the right to utilize your deposit to settle any outstanding amounts owed to us as per this Agreement.Your Property: You hereby release us, along with our agents and employees, from any and all claims pertaining to the loss of or damage to your personal belongings or those of any other individual. This includes any property that was received, handled, stored, left, or carried in or on the Vehicle, any service vehicle, or within our premises. Such release applies regardless of whether the loss or damage was caused by our negligence or otherwise falls under our responsibility.
- Breach of Agreement: The actions specified in paragraph 5, mentioned above, are considered prohibited uses of the Vehicle and constitute breaches of this Agreement. Specifically, permitting an unauthorized individual to operate the Vehicle is regarded as a willful, wanton, and reckless act, and it constitutes a breach of this agreement. By agreeing to this provision, you relinquish any claims or recourse against us for any criminal reports or prosecutions initiated by us in connection with this Agreement.
- Modifications: No provision of this Agreement can be waived or altered unless it is done so in writing and signed by us. In order to extend the rental period, you must return the Vehicle to our rental office for inspection and obtain a written amendment from us specifying the new due-in date. This Agreement represents the complete and entire understanding between you and us, superseding any previous representations or agreements regarding this rental, which are now rendered void.
- Miscellaneous: Any waiver by us of a breach of this Agreement shall not be considered a waiver of any subsequent breach or a waiver 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 shall not be deemed a waiver of any other provision of this Agreement. Except where prohibited by law, you release us from any liability for consequential, special, or punitive damages arising from this rental or reservation of a vehicle. In the event that any provision of this Agreement is determined to be void or unenforceable, the remaining provisions shall remain valid and enforceable.
