1. Definitions. "Agreement" means all terms and conditions found on both sides of this form and in all addenda or other documents you sign or that we give you at the time of rental. "You" or "your" means the person identified as the renter elsewhere in this Agreement, each person signing this Agreement, each Authorized Driver and each 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 independent business named in this rental agreement. "Authorized Driver" means the renter, the renter's spouse, the renter's employer and co-worker if engaged in business activity with the renter while using the Vehicle; and, each additional driver listed by us elsewhere in this Agreement, provided that each Authorized Driver is at least age 21. Authorized Drivers are the only person permitted to drive the Vehicle.
"Vehicle" means the mobility van or other vehicle identified in this Agreement and any vehicle we substitute for it and all its tires, tools, accessories, equipment, keys and Vehicle documents. "Vehicle License Cost Recovery Fee" means our estimate of the average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs that we are permitted to recover by California law.
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 in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for its safety and for all damage to it 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 and return the Vehicle to us with at least as much fuel as when rented.
4. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Tolls and Parking Violations. You are responsible for:
(a) physical and mechanical damage to the Vehicle resulting from collision up to the fair market value of the Vehicle as determined in the customary market for the sale of the Vehicle regardless of the cause of the damage;
(b) loss due to theft of the Vehicle up to its fair market value if you failed to exercise ordinary care while in possession of the Vehicle;
(c) physical damage to the Vehicle up to its fair market value, as determined in the customary market for the sale of the Vehicle resulting from vandalism occurring after or in connection with theft of the Vehicle, provided that you have responsibility for theft of the Vehicle;
(d) physical damage to the Vehicle up to a total of $500 resulting from vandalism unrelated to a theft of the Vehicle;
(e) actual charges for towing, storage and impound fees paid by us if you are liable for damage or loss; and,
(f) an administrative charge that includes the cost of appraisal and all other costs and expenses incident to the damage, loss, repair, or replacement of the Vehicle. You will also pay us, the appropriate government authorities, or a third party collection firm ("Collector") of our choosing for all parking, traffic and toll violations, toll evasion fines, citations, other fees, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses occurring during the rental period and assessed against us or the Vehicle that you failed to pay to the charging entities. You hereby authorize us to release your rental and charge card information from this rental to the Collector. In addition to amounts owed to government authorities, you will pay us or the Collector a processing fee not to exceed $50 for EACH such unpaid violation processed by us or the Collector.
5. Prohibited Uses. The following acts or uses of the Vehicle are prohibited and constitute breaches of this Agreement:
(a) operation of the Vehicle by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction;
(b) operation of the Vehicle by anyone under the influence of any drug or alcohol;
(c) operation of the Vehicle by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information;
(d) use of the Vehicle by you during the commission of any crime, other than a minor traffic violation;
(e) carrying persons or property for hire, pushing or towing anything, operation of the Vehicle in any race, speed test or contest, or teaching anyone to drive;
(f) carrying dangerous or hazardous items or illegal material;
(g) use of the Vehicle in Mexico, unless specifically authorized by us elsewhere in this Agreement, or operation of the Vehicle in violation of the geographic restrictions stated on the reverse;
(h) driving on unpaved roads;
(i) transporting more persons than the Vehicle has seat belts, carrying persons outside the passenger compartment, or transporting any passenger without approved safety seats or belts as required by law;
(j) operation of the Vehicle when the odometer has been tampered with or disconnected;
(k) operation of the Vehicle 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;
(l) inadequately securing cargo;
(m) carrying a disabled passenger without properly securing that passenger; and,
(n) damaging the Vehicle by your willful, wanton or reckless act or misconduct.
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide primary auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. If 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 excess and 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. Our insurance 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 unauthorized driver terminates our liability insurance coverage, if any.
7. Charges and Costs. You will pay us at or before the conclusion of this rental, or on demand, all charges due us under this Agreement, including the charges and fees shown on the Face Page and:
(a) a mileage charge based on our experience if the odometer is tampered with;
(b) all expenses we incur 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;
(c) all costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement;
(d) a 2% per month late payment fee or the maximum amount allowed by law on all amounts past due;
(e) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason;
(f) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented; and,
(g) towing, storage charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental.
8. Deposit. We may use your deposit to pay all rental charges 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 (including a vehicle) 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, above, are prohibited uses of the Vehicle and breaches of 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.
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 our inspection and written amendment by us of the return 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.
12. 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.