1. DEFINITIONS. ”Agreement” means all terms and conditions found on both sides of this form, any agenda or any additional materials we provide at the time of the rental. “Physical Damage” means all damage to, or loss of, a Vehicle caused by a 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. “Loss of Use” means the amount calculated by multiplying the number of days/weeks/months from the date of damages to the Vehicle until it is repaired times the corresponding periodic rental rate, unless otherwise provided by law.
2. LEASE. This Agreement is a contract for the lease of Vehicles. 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. The Company may repossess the Vehicles if they are used in breach of this Agreement or in violation of any laws. You further waive all recourse against the Company for filing any criminal reports or assisting in the prosecution of any violations of law during the Rental Period.
3. TRAVEL WITHIN US AND CANADA ONLY. Renter will not take the Van or Trailer (collectively the “Vehicles” or individually a “Vehicle”) outside of the United States or Canada. We may immediately repossess the Vehicles if they are taken outside of the United States or Canada.
4. RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING ACCIDENTS/DAMAGE. Renter is responsible for all damage to or loss of the Vehicles during the Rental Period. Renter shall also be responsible for loss of use of the Vehicles during repairs or replacements due to damage to or loss of the Vehicles during the Rental Period, diminution of value caused by the damage to the Vehicles during the Rental Period, and missing equipment or accessories supplied with the Vehicles regardless of whether or not Renter is at fault. Renter must report all accidents or incidents of theft or vandalism to the police and the Company immediately after the occurrence of such event.
5. LIABILITY INSURANCE. Renter is responsible for all damages or loss Renter or Drivers cause to others. Renter shall carry bodily injury, property damage, and automobile contractual liability coverage for owned, hired and non-owned autos with a combined single limit of liability for each accident of not less than $1,000,000. Renter will name the Company as an additional insured on the policy and provide the Company with a Certificate of Insurance evidencing the same at the beginning of the Rental Period. Renter shall provide proof of auto liability insurance coverage for all damages or loss to others as well as physical damage coverage for the Vehicle, naming the Company as additional insured.
6. REQUIRED MAINTENANCE DURING RENTAL PERIOD. If a routine maintenance is required during the Rental Period, the Company shall make arrangements with the appropriate service center in the area of the Renter and within the Renter’s schedule and Renter shall be responsible for taking the Van or Trailer to such service center for maintenance. Cost of the maintenance shall be the responsibility of the Company. Damage to the Van or Trailer due to Renter’s failure to obtain the routine maintenance is the responsibility of the Renter.
7. INTERIOR MAINTENANCE. Renter is responsible for maintaining and cleaning the interior of the Van during the Rental Period, including but not limited to, cleaning all linens, comforters, and pillows on regular intervals. Renter shall be responsible for all damage to the interior of the Van and for costs if Renter fails to return all linens, comforters and pillows in a clean condition.
8. PARKING TICKETS. Parking Tickets are the Renter’s responsibility and must be paid by the due date. Renter’s failure to pay for a parking ticket by the due date will result in the above listed credit card being charged for the cost of the parking ticket, including all penalties and interest and an additional $50 handling fee.
9. PHOTO RADAR TICKETS. In the event we receive a photo radar ticket from a law enforcement agency during the Rental Period we will provide driver’s license information on the Renter or listed driver as applicable to such law enforcement agency.
10. RENTER’S PROPERTY. Renter releases the Company, its members, managers, employees, agents, representatives, successors and assigns from all claims, including any claims of negligence, for loss of, or damage to, Renter’s personal property or that of any other person, which was left or carried in the Vehicles.
11. INDEMNIFICATION. Renter shall indemnify, defend and hold harmless, the Company and its members, managers, employees, agents, representatives, successors and assigns, from and against any and all claims, actions, demands and liability arising out of, or in connection with: (i) Renter’s breach of this Agreement; and (ii) the operation of the Vehicles during the Rental Period unless the same shall be due to, or had been caused by, the sole negligence or intentional misconduct of the Company.
12. LIMITATION ON DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO RENTER OR ANYONE CLAIMING THROUGH RENTER, FOR ANY LOSS OF REVENUES OR PROFITS, ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF RENTER OR ANYONE CLAIMING THROUGH RENTER ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS.
13. MODIFICATIONS. No term of this Agreement can be waived or modified except by the express written consent of the parties hereto.
14. MISCELLANEOUS. No waive by the Company of any breach of this Agreement shall constitute a waiver of any additional breach or waiver of performance of Renter’s obligations hereunder. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of the remainder of this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the United States of America and of the State of Arizona. Maricopa County, Arizona shall be the sites of any legal proceeding arising out of or relating to this Agreement. In the event of any litigation between the parties to enforce this Agreement, the unsuccessful party to such litigation shall pay to the successful party all costs and expenses, including reasonable attorneys' fees, incurred by such successful party. This Agreement constitutes the entire agreement between the parties and replaces and supersedes as of the date thereof any and all prior agreements and understandings, whether oral or written, between the parties with respect to
the subject matter of such agreements.