User Agreement
1) Definitions
“Agreement” means all terms and conditions contained in this form and on any other documents issued to You at the time of rental. “You” or “Your” means the person(s) identified as the customer in this Agreement, any person signing this Agreement, any Authorized Driver and any person(s) or organization to whom charges are billed by Us at its or the customer’s direction. You are jointly and severally bound by this Agreement. “We,” “Us,” or “Our” means the independent dealer named elsewhere on this Agreement. “Vehicle” means the automobile identified in this Agreement and any vehicle We substitute for it, and all its tires, tools, accessories, equipment, keys and documents. The Vehicle is a temporary substitute for a vehicle that You own or lease. “Authorized Driver” means: (a) the customer, provided that the customer is the registered owner or lessee of the vehicle being serviced by US and for which Our Vehicle is a substitute, and that such person is at lease age 21; (b) additional drivers listed by Us elsewhere in this Agreement, provided that each such additional driver is at least age 25; (c) the customer’s spouse, provided that such person is at least age 21; and (d) if the customer is a corporation or other business entity, Authored Driver includes an employee of the customer who is a permissible driver on the business entity’s business auto insurance policy, provided each such employee is at least age 21. Every Authorized Driver much posses a valid driver’s license. Only Authorized Drivers may drive the Vehicle. “Loss of Use” means the loss of Our ability to use the Vehicle for any reason, due to damage to it or loss of it, during this transaction; Loss of Use equals a reasonable estimate of the income We lost while the Vehicle was out of service for repair or replacement.
2) Rental; Indemnity and Warranties
This is a contract for rental of the Vehicle. In addition to any rental charges stated in this Agreement, Our rights (or the right of our affiliates), to repair Your vehicle is consideration paid to Us for this rental. 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 and against all claims, liability, costs and attorneys’ fees we incur resulting from, or arising out of, this Agreement or 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 office or other location We specify, 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 any damages to the Vehicle until We inspect it on reopening for business. Service to the Vehicle or replacement of parts or accessories during this rental much have Our prior approval.
4) Responsibility for Damage or Loss; Reporting to Police
You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by weather, road conditions, and acts of nature, whether or not You are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle, on the date of the loss if the Vehicle is stolen, not repairable, or if We elect not to repair the Vehicle. You are also responsible for Loss of Use, and Our administrative expenses incurred processing the claim. You are responsible for replacing missing equipment and Vehicle documents. You must check and maintain all fluid levels. You mush report all accidents or incidents of theft and vandalism to Us and the police as soon as You discover them.
5) Prohibited Uses
The following uses of the vehicle are prohibited and constitute breaches of this Agreement. The vehicle shall not be used: (a) by anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose driving privileges are suspended by a governing agency; (b) by anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle, or extended the rental period by giving Us false, fraudulent, or misleading information. (d) under any circumstances that could be properly charged as a crime other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything. (g) in any race or speed contest; (h) to teach anyone how to drive; (i) outside the United State s or the geographic area described elsewhere in this Agreement; (j) on any unpaved surface; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable to expect You to know that further operation of the Vehicle would damage it such as, but not limited to, a check engine light appearing on the driver information system or dashboard, while one of the tires is low or flat, or while steam is present due to overheating; (m) where applicable, by anyone who lacks experience driving a vehicle equipped with a manual transmission; (n) to transport an animal, (o) and while smoking.
6) Insurance
You are responsible for all damages or loss You cause to others in connection with the rental of Our Vehicle. You agree to provide auto liability, collision and comprehensive insurance covering You, Us, and the Vehicle. Your insurance may cover all or only part of the financial liability for the Vehicle. You should check with Your insurance company to find out about your coverage. Your insurance is primary. However, if You have no auto liability insurance in effect on the date of a loss, or if We are required by law to provide liability insurance, We provide auto liability insurance (the “Policy”) the is 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 bb the State who 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. The Policy is void if You violate the terms of this Agreement or if You fail to cooperate in any loss investigation by Us or Our insurer. Giving the Vehicle to an unauthorized driver terminates Our liability insurance coverage, if any.
7) Charges
You will pay Us, or the appropriate government authorities, on demand, all charges due under this Agreement, including: (a) time and mileage for the period that You kept the Vehicle; (b) applicable taxes; (c) $50 or the maximum amount permitted by law, whichever is greater, if You pay Us with a check returned unpaid for any reason; (d) $30 per day or the maximum amount permitted by law, whichever is greater, for each day You do not return the Vehicle by the Return Date Due; (e) all parking and traffic fines, toll violations, penalties, citations, forfeitures, court costs, towing, storage, impound charges and other expenses involving the Vehicle assessed against Us or the Vehicle; if You fail to pay a parking, traffic or toll charge to the charging authority, You will pay Us all fees owed to the charging authority plus Our administrative fee of $50 for each such violation; (f) all expenses We incur recovering the Vehicle if it is not returned to the renting location; (g) all costs, including pre- and post-judgement attorneys’ fees, We incurring collection payment from You or otherwise enforcing Our rights under this Agreement; (h) a 2% per month late fee on all charges due to Us but not paid when due; (i) a reasonable fee to clean the Vehicle, not to exceed $300, if returned substantially less clean than when rented or if it is determined that You or Your passengers smoked inside the Vehicle or transported animals inside the Vehicle; and (j) a fuel and a refueling fee if You return the Vehicle with less fuel than when rented. You authorize Us to process Your credit card for all charges, and by signing this Agreement, You are also signing all documents required to process Your credit card.
8) Deposit
We may use Your deposit, if any, to pay 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, handling 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
You waive all recourse against Us for criminal prosecutions We take against You for 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 office for inspection and written amendment by Us of the Date Due In. This Agreement constitutes the entire agreement between You and Us. All prior representations and agreements between You and Us regarding the use of the Vehicle are void.
12) Miscellaneous
A waiver by Us of any breach of this Agreement is not a waiver of any additional breach or waiver or 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 transaction or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provision are valid and enforceable. This agreement shall be governed and construed by the laws of the State of Kansas without regard to its conflicts and choice of law provisions.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Use of electronic signature, email, or other electronic medium shall have the same force and effect as an original signature.
YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS NOTE. THIS IS A BINDING LEGAL DOCUMENT. IF ANY PROVISIONS ARE NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. CLIENT ACKNOWLEDGES RECEIPT OF A SIGNED COPY OF THIS AGREEMENT.
IN WITNESS WHEREOF the parties have duly affixed their signatures under seal on the Date of Execution.