Car Rental Agreement
In consideration and upon covenants, terms and conditions herein contained, the permissive user, as a service customer, hereinafter referred to as “the Customer”, rents a temporary substitute automobile that is described in this agreement, hereinafter referred to as “the Automobile”, from the owner of the automobile, hereinafter referred to as “the Owner”:
1. The Customer acknowledges that said Automobile is the property of the Owner, although the registered title may be in some third party name, and that the Customer has received the Automobile in good operating and mechanical condition, and that the Customer will cause the Automobile to be used only in a normal and prudent manner.
2. It is expressly agreed that the Customer is not the agent, servant or employee of the Owner in any manner whatsoever.
3. The Customer warrants that he, and any other person operating the Automobile has a current and valid driver’s license in his possession issued by a competent authority of any one of the United States or the District of Columbia, and the Customer’s use, or any other driver’s use of the Automobile will not, or is not in violation of any section of the Motor Vehicle Code of the state in which the Automobile is operated.
4. The Customer agrees that he will return the Automobile to Owner’s premises from which it was rented, or to such other place as hereon designated for return in the same condition as the Customer received it, ordinary wear and tear excepted, on the return date stated herein, or sooner, upon demand of the Owner.
5. The Customer agrees that said Automobile shall not be used or operated:
a. In violation of any of the terms or conditions of this agreement.
b. By any person in violation of law as to age or by the Customer or by a driver who has given a fictitious name or false age or address.
c. For any illegal purpose.
d. In any race, speed test, contest, and preparation thereof.
e. To propel or to tow any automobile or trailer.
f. By any person while under the influence of intoxicants or narcotics or drugs.
g. By any person other than the Customer who signed this agreement unless the written consent of the Owner is endorsed hereon.
h. By any person not in possession of a valid driver’s license.
i. To carry passengers or property for a consideration, expressed or implied.
j. To carry passengers other than in the passenger compartment.
k. In violation of any federal, state, or municipal law, ordinance, rule or regulation governing the use, operation or return thereof.
l. Outside the scope of permission granted by this agreement as to mileage, distance or other restriction as contained in this agreement without the prior written consent of the Owner.
m. Farther than 250 air miles from the Owner’s business premises without the written permission of the Owner. In no case will this distance include Mexico.
6. The Customer agrees to pay the Owner on demand:
a. A mileage charge and service and time charges computed at the rate specified hereon until the Automobile is returned to the Owner’s premises.
b. The amount of any fines for parking, traffic or legal violations as assessed against the Automobile, driver or Owner until the Automobile is returned to the Owner.
7. The Customer agrees that he will, at his sole risk and expense, maintain Bodily Injury and Property Damage insurance covering the use of the Automobile during the time it is in his possession or used with his permission, and at his direction, until it is returned to the Owner with limits at least equal to or greater than the statutory requirements of the state in which the Automobile is rented.
8. The Customer agrees that he will, at his sole risk and expense, maintain Physical Damage Insurance covering the Automobile during the time it is in his possession, used at his direction or with his permission, until it is returned to the Owner. The Customer accepts responsibility for loss of or damage to the Automobile, tires, tools, accessories, and other equipment, from any cause, and shall reimburse the Owner at full market value for any loss, loss of use, and physical damage of or to the Automobile.
9. The Customer shall lock the Automobile and remove the key therefrom at all times when the Automobile is not being operated.
10. The Customer shall not disconnect or tamper with the odometer or speedometer and if there is evidence that the same has been tampered with or disconnected, or for any reason shall be inoperative, the Customer agrees that, at the option of the Owner, the Customer shall pay, in addition to all other charges specified in this agreement, $10.00 (Ten Dollars) for each hour while the Automobile is rented under this agreement.
11. The Customer agrees to indemnify and hold the Owner harmless of, from and against any and all loss, claims, damages, attorneys’ fees, expenses, and liability in connection with, growing out of, or resulting from this agreement of the use of the Automobile by the Customer or other. If suit is instituted by the Owner to recover possession of the Automobile or to enforce any of the terms of this agreement, or to collect any sums of money, damages or costs from the
Customer hereunder, the Customer shall pay all costs and reasonable attorneys’ fees and reasonable collection costs incurred by the Owner in such suit or suits.
12. If there is any violation of any of the terms, conditions, covenants or restrictions of this agreement by the Customer or by any other driver to whom the Customer has granted permission to operate the Automobile, the rights of the Customer and such other driver to use or operate the Automobile shall terminate immediately, and such violation shall constitute an absolute defense against any claim filed against the Owner or its insurance carrier, and the Customer and such other driver, hereby agree, jointly and severally, to indemnify and save harmless the Owner and its insurance carrier of and from any and all damages, loss, cost and expense that the Owner or its insurance carrier, or both, shall sustain including, but not limited to, court costs and counsel fees by reason of any claim for personal injury or property damage.
13. Upon termination of the rights of the Customer and such other driver to use or operate the Automobile due to a violation as provided in paragraph 12, the Customer and such other driver agree to cease using or operating the Automobile immediately, to notify Owner of said cessation and to pay all
expenses incurred by the Owner in returning the Automobile to the Owner’s premises, and the Customer and such other driver further agree that any continued operation or use of the Automobile after such a violation, is an operation or use without the knowledge, consent, and permission of the Owner, and the Owner may notify the police or other authorities that the Automobile has been stolen, and the Customer and such other driver hereby release and discharge the Owner from any and all claims of whatever nature arising therefrom.
14. The Customer and any other person authorized to drive the Automobile, hereby agree with the Owner and its insurance carrier, that all provisions covering bodily injury caused by the Owner or operator of an uninsured motor vehicle under the Owner’s policy and any subsequent renewal thereof, are hereby deleted and shall be of no force or effect with respect to any person or insured named or otherwise, Customer or other driver.
15. If the Customer has directed the billing for charges, in connection with this agreement, to be transmitted to another person, firm or organization which,
upon being so billed has failed to make payment, then the Customer shall, upon being billed, properly pay said charges.
16. The Customer shall not permit any repairs or alterations to be made to the Automobile or to permit any lien to be placed upon the Automobile without the
Owner’s prior written consent. The Customer shall pay all unauthorized charges in connection with the use or safekeeping of the Automobile.
17. The Customer warrants that he has now, and will maintain in full force and effect, a policy of insurance for Bodily Injury and Property Damage Liability
equal to or greater than the statutory limits required by any state or province in which the Automobile may be operated and that in the event of any lapse or
cancellation of the Customer’s insurance policies, the Customer will immediately cease to operate the Automobile or to permit its further use or operation by any other person than the Owner.The Customer further warrants that he will maintain Physical Damage insurance that will provide full replacement or repair of any damage that may occur, from any cause, to the Automobile and that in the event such insurance is cancelled or lapses, the Customer will immediately cease to operate the Automobile or allow to be operated by any other person other than the named insured.
18. The Customer agrees to report all accidents, damage or loss of any nature to the Owner as soon as practical and to further assist the Owner in all negotiations for repair, replacement and loss of use of the Automobile with the Customer’s insurance carrier.
19. This agreement constitutes the entire agreement between the Owner and the Customer. No changes in this agreement shall be valid unless written hereon and signed by both the Owner and the Customer. The Customer warrants that all information stated to the Owner is true, full and correct.