1. PARTIES In this contract, "I" refers to the person borrowing the vehicle and "you" refers to the person providing the vehicle.
2. CONDITION OF VEHICLE I have received the vehicle in good condition and I agree to return it in the same condition except for normal wear and tear. You make no warranty against defects in the vehicle and I assume all liability at my sole risk and expense.
3. FEES I agree to pay you all fees due in accordance with this contract. If I direct you to bill the charges to another person or company who or which fails to make payment upon being billed, I will pay the charges upon your demand. You may keep any security deposit provided on the front of this contract to cover any charges or other liability that you believe, in good faith, warrant retention of the deposit. The charges I will pay include:
a) Time and Mileage. I will not be charged for time and mileage for the vehicle unless I keep the vehicle longer than the agreed time or unless I abuse the vehicle.
b) Tickets and Expenses. I will pay for all traffic tickets, fines, forfeitures, court costs and other expenses that may be assessed against you or incurred by you which are due by reason of my possession or use of the vehicle.
c) Gasoline. I agree to pay a refueling charge if the vehicle is returned with less fuel than when it was rented.
d) Taxes. I will pay all applicable sales, use and excise taxes.
e) Collection and Vehicle Recovery Expenses. I will pay all of your costs, including reasonable attorney's fees, incurred in collecting charges due from me or in recovering the vehicle.
4. INSURANCE I have a current automobile policy which covers · this vehicle while it is in my possession. I agree to maintain physical damage (collision and comprehensive) insurance that will provide full replacement or repair coverage and bodily injury and property damage insurance covering the use of the vehicle during the time it is in my possession or used with my permission until I return the vehicle to you. I agree with you and your insurance carrier that any provision in your insurance policy which may cover an uninsured motorist shall not be effective with respect to me or to any other person driving the vehicle during the term of this contract.
5. DAMAGE TO VEHICLE PROPERTY OR PERSONS I agree that I am liable for any damage to the vehicle or to any person or property. I agree to bear all risk of damage, theft or destruction, partial or complete, from whatever cause whether or not it is covered by my insurance. I am responsible for all tires, tools and other accessories included with the vehicle. If any damage occurs to the vehicle before I deliver it to you at your place of business, I will immediately pay you all sums incurred by you and the reasonable value of repairing such damage.
6. INDEMNIFICATION I indemnify you and will hold you harmless from any and all losses or liability of any kind, including legal expenses, arising from the use, condition (including latent or other defects whether or not discoverable by you) or operation of the vehicle during the term of this loaner agreement. I will indemnify and hold you harmless from all expenses, claims, suits, demands, costs and attorney's fees relating to any act or omission concerning the vehicle before it is returned to you at your place of business. I will indemnify you for all costs and fees incurred to protect or enforce your rights under this contract.
7. USE OF VEHICLE I will assure that the vehicle is driven in a normal and prudent manner at all times. I agree not to permit the use of the vehicle for any illegal purpose or "fQr hire" for the transportation of people or property. I will not use the vehicle to carry hazardous or explosive substances. I will not permit the car to be driven except by licensed drivers in my immediate family or an authorized driver named on the front. I will not permit the vehicle to be driven outside of the continental United States. I agree not to push or tow any object with the vehicle. I will not drive the vehicle if further use would cause damage, for example, if there is a warning light on, a flat tire, or if there is steam rising from the engine.
8. TRAFFIC TICKETS I will pay all parking tickets and other traffic violations and I will report them to you upon return of the vehicle. I will promptly report all accidents to the police and to you. If you must pay any fines or court costs as a result of my use of the vehicle, I agree to reimburse you for those costs.
9. REMOVE KEYS, LOCK DOORS I agree to remove the keys and to lock the vehicle whenever I leave it and to see to it that others do so.
10. RETURN OF VEHICLE This vehicle and all tires, tools and accessories in it remain your property (even though the registered title may be in another name). If I fail to return the vehicle at the time I have agreed to return it, I will pay an additional $20 per day after the agreed-upon time. I understand that I have no right to keep the vehicle beyond the agreed-upon time (there is no grace period), and you may take whatever steps are necessary to recover the vehicle if I do not return it at the agreed-upon time. I will pay any costs associated with recovery of the vehicle. I will return the vehicle in the same condition as when I rented it together with all tires, tools and accessories, ordinary wear and tear excepted. I understand that it is a violation of federal law for me to tamper with the odometer. I will not detach the odometer and if the seal is broken, I will pay for the odometer replacement or repair plus an additional $5.00 per hour for every hour the vehicle was in my possession.
11. CANCELLATION You reserve the right to cancel this contract at any time, and I agree to return the vehicle at your request. I will pay all fees due when I return the vehicle.
12. VEHICLE REPAIRS I will not permit any repairs to be made to the vehicle without your consent.
13. NO AGENCY This contract does not make me your agent or employee.
14. VIOLATION TERMINATES CONTRACT AND CONSTITUTES BREACH If I violate this contract in any respect, I must return the vehicle to you immediately and to pay all fees due. A violation by any other person during the term of this contract will be deemed to be my violation. If I violate this contract, I am no longer operating the vehicle with your permission and you may report the vehicle as stolen. You are not liable for any damages arising from reporting the vehicle stolen unless you acted in bad faith in doing so.
15. COMPLETE AGREEMENT I agree that the front and back of this document constitute the entire agreement between us. Any changes to this contract must be written on the contract and initialed by you and by me. Time is of the essence under this contract and each of my obligations and every breach of any provision of this contract shall be deemed to be substantial and material.