Definitions: “Agreement” refers to all terms and conditions found on both sides of this form, any addenda, and additional materials provided by us at the time of rental. “You” or “Yours” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by us at your direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “Our,” or “Us” means the business named on the reverse. “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 is at least age 25, and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license. “Vehicle” means the motor vehicle identified in this Agreement and the vehicle we substitute for it, all its tires, tools, accessories, equipment, keys, and Vehicle documents. “CDW” means Collision Damage Waiver.
Rental Indemnity and Warranties: This Agreement is a contract for the rental of the Vehicle. You agree to indemnify us, defend us, and hold us harmless from and against all claims, liability, costs, and attorney fees we incur resulting from, or arising out of this rental. 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.
Condition and Return of Vehicle: You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. Any service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels. 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.
Responsibility for Damage or Loss; Reporting to Police: You are responsible for all physical and mechanical damage to the Vehicle, loss of use, diminished value, missing equipment, and our administrative expenses connected with any damage claim, whether or not you are at fault. You are also responsible for loss due to theft of the Vehicle and all damage due to vandalism. Allowing a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful and reckless act, and is a breach of this Agreement. You must report all accidents involving the Vehicle or theft of the Vehicle and/or vandalism to us within 24 hours of occurrence, and to the police as soon as discovered.
Collision Damage Waiver: By paying for and accepting CDW, you will be relieved of financial responsibility for physical and mechanical damage to the rental vehicle or its loss. However, we will not waive our right to collect payment from you if the damage resulted from your intentional, willful, wanton, or reckless conduct; operating the vehicle under the influence of drugs or alcohol in violation of Section 23152 of the California Vehicle Code; towing or pushing anything; driving on an unpaved road that directly caused the damage or loss; using the vehicle for commercial or felony purposes; participating in speed tests or contests or driver training activities; allowing someone who is not an authorized driver to operate the vehicle; driving outside of the United States; or providing fraudulent or false information.
Insurance: You are responsible for any damage or loss that you cause to the rental vehicle or others. You must have primary auto liability, collision, and comprehensive insurance that covers yourself, us, and the vehicle, as well as uninsured or under-insured motorist coverage. If you allow an unauthorized driver to operate the vehicle, our liability insurance will terminate. If a liability loss occurs, this Agreement will be interpreted according to the laws of the jurisdiction where the loss occurred.
Charges: You are responsible for paying all charges due under this Agreement that are allowed by law, including time and mileage charges, charges for additional drivers, charges for optional products, fuel charges for returning the vehicle with less fuel than when rented, applicable taxes, loss or damage to the vehicle and related administrative fees, fines, penalties, towing, storage and impound charges, and expenses we incur in recovering the vehicle if you fail to return it or we repossess it under the terms of this Agreement. You are also responsible for costs, including pre- and post-judgment attorney fees, incurred in collecting payment or enforcing our rights under this Agreement. A 2% late payment fee (or the highest amount allowed by law if lower) will be assessed on all amounts past due, and 1% per month interest (or the maximum amount allowed by California law) will be charged for monies due but not paid upon return of the vehicle. If the vehicle is not returned to the renting location or is abandoned, you will be charged $100, plus $15 per mile for every mile between the rental location and the return or abandonment site, as well as any additional recovery expenses we incur. A reasonable fee not exceeding $150 will also be charged for cleaning the vehicle if it is returned substantially less clean than when rented, except for smoking or pets, which are subject to a separate cleaning fee as described on the front page of the rental agreement.
Deposit: We may use your deposit to pay any amounts owed to us under this Agreement.
Breach of Agreement: Prohibited uses of the rental vehicle and breaches of this Agreement include the acts listed in paragraph 5 above. Allowing someone who is not an authorized driver to operate the vehicle is a willful, wanton, and reckless act and a breach of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we initiate against you as a result of this Agreement.
Modifications: No term of this Agreement can be waived or modified except in writing and signed by us. To extend the rental period, you must return the vehicle to our rental office for inspection and a written amendment of the due-in date. This Agreement constitutes the entire agreement between you and us, and all prior representations and agreements regarding this rental are void.
Miscellaneous: Our waiver of any breach of this Agreement does not waive any additional breach or your obligations under this Agreement. Our acceptance of payment or failure to exercise our rights under this Agreement does not waive any provision of this Agreement.
