1. Definitions. “Agreement” means all terms and conditions found on both sides of this form, any addenda and any additional materials we provide at the time of rental. “You” or “your” means the person identified as the renter on the contract, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you’ or “your·” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the company named on the rental agreement. “Authorized Driver” means you and any additional driver approved by us and listed by us on this Agreement, provided that person has a valid driver’s license and, is at least 25 years of age. ”Vehicle” means the automobile or truck identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys and vehicle documents. ‘CDW” means Collision Damage Waiver. “Physical Damage” means damage to or loss of the Vehicle caused by collision or upset; it does not include damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. Physical Damage excludes burn holes in interior, window stars or cracks not caused by collision or upset. “Loss of use” means the amount calculated by multiplying the number of days from the date of damage to the Vehicle until it is repaired times the daily rental rate.
  2. Rental. This Agreement is a contract for the rental 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. 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 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.
  3. 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 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 will check and maintain all fluid levels.
  4. Responsibility for Damage or Loss: Reporting to Police. You are responsible for all damage to, or loss of the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the Vehicle’s value caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, regardless of whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must repot all accidents involving the Vehicle to us within 24 hours occurrence to us.
  5. Damage Waiver. We do not provide CDW.
  6. Liability insurance. You are responsible (or all damage or loss you cause to others. you agree to provide auto liability insurance covering you. us and the Vehicle. lf you have auto liability insurance, we provide no liability insurance. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance, excess to any insurance you may have, under a policy or insurance (the “Policy”). 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 where the damage or loss occurs. You and we reject P.IP, no-fault and uninsured or under insured motorist coverage, where permitted by law. Coverage applies only in the continental United States. Coverage 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. Giving the Vehicle to an unautho1ized driver terminates our liability insurance coverage, if any. You will indemnify, defend and hold us harmless from all liability costs and attorney fees arising out of use of the vehicle that are in excess of; or excluded from, tile protection provided you if any, under the Policy.
  7. Charges. You will pay us on demand for all charges due us under this Agreement, including, but not limited to: (a) time and mileage for the period during which you keep the Vehicle, or a mileage charged based on our experience if the odometer or its seal is tampered with or disconnected: (b) charges for additional drivers; (c) charges for the optional services you elected to purchase; (d) gasoline, if you return the Vehicle with less gasoline than when rented; (e) applicable sales, use and other taxes; (f) loss of, or damage to, the Vehicle which, includes the cost of repair or the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use diminution of the Vehicle’s value causeed by damage to it or repair of it, and our administrative fees incurred processing the claim; (g) all fines, penalties. forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the Vehicle during your rental, unless these expenses are our fault; (h) all 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: (i) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under the Agreement; (j) a 2% per month late payment fee, or the maximum amount allowed by law, (if lower than 2%) on all amounts past due; (k) 1 ½ % per month interest, or the maximum amount allowed by law (if lower than 1 ½ %) on monies due us but not paid upon return of the Vehicle; (1) a minimum of $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any additional recovery expenses we incur; (m) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check backed by insufficient funds; and (n) a reasonable fee to clean the Vehicle if returned 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 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. Breach of Agreement. The acts listed in paragraph 5(a) 5(b) 5(c) and 5(d) above, are breaches of this Agreement. If you breach this Agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach. Allowing a person who is not an Authorized Driver to drive the Vehicle is a willful wanton and reckless act and is a breach of this agreement.
  11. 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.
  12. Miscellaneous. No waiver by us of any breach of this Agreement will constitute 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 will not constitute a waiver of any other provision of the 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. ‘This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.