Rental Agreement

Rental Agreement Terms and Conditions

Please carefully read these Terms and Conditions. These Terms and Conditions subject you to the following terms, conditions, provisions, covenants, conditions, restrictions, disclaimers, releases, waivers, indemnities and limitations of liability.

1. Certain Definitions.

1. “Agreement” means the first page hereof and all terms, conditions, rules and regulations herein or in any other document we gave you or you signed in connection herewith or otherwise incorporated herein by reference and made a part hereof. You are also subject to all applicable governmental laws, rules and regulations in connection with the transport, rental, condition, use or possession of the Vehicle. You are not permitted to transfer or assign this Agreement or sublease the Vehicle.

1. “Rental Period” means the period starting the date/time you first take possession of the Vehicle and ending the date/time that you return the Vehicle or the Vehicle is recovered by us and in either case checked in and inspected by us during our normal business hours. For purposes of determining rental charges, however, your Rental Period:

• starts on the earlier of your reservation/scheduled date/time for Vehicle pick up and your actual date/time of Vehicle pick up, and
• ends on the later of your reservation/scheduled date/time for Vehicle return and your actual date/time of Vehicle return.

There is no refund, credit, exchange or reduction of rental charges for a late pick up or an early return. References to a date, time, date/time or date and time mean and refer to both the applicable date and time. A Vehicle can only be picked up during the business hours that we designate as available for pick up and a Vehicle can only be returned during the business hours that we designate as available for returns.

1. “Vehicle” means the vehicle identified on the first page of this Agreement, any vehicle we substitute for it, and its tires, tracks, tools, accessories, helmets, equipment, keys, operator / instruction manual and other vehicle documents. (Vehicle occupants must provide their own goggles, glasses or other eye protection.)

1. “Vehicle Rules and Regulations” means those attached hereto and the operator / instruction manual included with the Vehicle. The Vehicle Rules and Regulations are incorporated herein by reference and made a part hereof.

1. “We”, “our” or “us” means the rental company named in this Agreement as the company renting you the Vehicle.

1. “You” or “your” means each person who: (i) is identified herein as a renter, driver or co-signer or a guarantor of the obligations hereunder of any renter, driver or co-signer; (ii) drives the Vehicle (regardless of whether listed herein as a driver) during your Rental Period; or (iii) signs this Agreement in any other capacity or otherwise agrees to be responsible for compliance with or sums billed under this Agreement. Each such person is referred to hereunder as “you” or “your” and each such person is jointly and severally bound by and under this Agreement.

2. Rental Charges and Deposit.

1. You agree to pay us on demand all charges due under this Agreement, including: (i) the rental fee and other charges and taxes set forth on the first page of this Agreement; (ii) the return cleaning fee set forth on the first page of this Agreement; (iii) additional rental charges as set forth on the first page of this Agreement for any late return; (iv) additional charges for cleaning, replacement, repair or repainting required by reason of wear other than reasonable ordinary wear or due to theft, loss or damage occurring during the Rental Period; (v) fuel at the fuel refill rate set forth on the first page of this Agreement to refill the Vehicle with as much fuel as when rented (if returned with less fuel than when rented); (vi) all admission, towing, parking, traffic, toll, fines, penalties, forfeitures, storage, impound, municipal, court, legal and other fees, costs and expenses involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle during the Rental Period or otherwise under or subject to this Agreement, or assessed against us or the Vehicle or incurred to locate, retrieve, recover or repossess the Vehicle, for example, if the Vehicle is abandoned or used in violation of law or this Agreement; (vii) reimbursement of your rental insurance premiums and costs paid by us on your behalf; (viii) all collection, legal, court and attorney fees, costs and expenses we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (ix) a $150 administrative fee for each such charge or event; (x) a $150 administrative fee for any valid credit card charge that you dispute; and (xi) for all delinquent payments, in all cases subject to maximum amounts allowed by applicable law: (a) a return check fee of fifty dollars ($50) for any check returned uncollected for any reason; (b) a one-time late payment fee of the greater of five percent (5%) of the delinquent amount or fifty dollars ($50); and (c) interest on the delinquent amount of two percent (2%) per month compounded monthly.

1. Rentals are at daily (24-hour) rates. During the Rental Period, daily rates apply to each consecutive 24-hour period and any additional partial period up to the time of actual return. Daily rates are not prorated or reduced for periods of less than 24 hours. Daily rates apply to all rentals including Vehicles, insurance, trailers and optional items, accessories or equipment. Your required return date/time is set forth in this Agreement. If your return is late, you will be charged additional rent at daily rates, up to the time of actual return.

1. If you abandon or improperly use the Vehicle and we retrieve, recover or repossess it, you will be charged daily rates though and including the time the Vehicle is actually returned to the return location and inspected by us.

1. Late return damages are difficult to determine with precision; accordingly, you and we agree that the additional rental charges set forth herein for any late return are not a penalty and represent a reasonable estimation of actual damages which by their nature are difficult to ascertain and good faith effort to estimate in advance actual damages that will probably ensue from your breach hereof by such late return.

1. Late returns are subject to increases in rental rates and other prices with or without advance notice. If your return is late, starting with the time the return is late, you may be subject to higher rental rates and higher other prices.

1. There are no refunds, credits or exchanges. There is no refund, credit, exchange or reduction of rental charges for a late pick up or an early return. There is no refund, credit, exchange or reduction of rental charges due to inclement weather, illness, injury or any other reason, event or circumstance.

1. You agree to pay the deposit that we hold to cover damages, additional rental charges and other charges, in the amount set forth on the first page of this Agreement. The deposit is refundable at the time you return the Vehicle subject to deductions and reserves permitted hereunder. Refunds of deposits paid by credit card are only payable by credit to that same card. We may use your deposit to pay any amounts paid or payable to us under this Agreement. We reserve the right to further inspect and revise estimates after the return. We may hold your deposit until we have made a final determination, and we reserve the right to determine after the time of return and inspection, additional fees, costs and expenses due under this Agreement, including the cost of all cleaning, replacement, repair or repainting required by reason of wear other than reasonable ordinary wear or due to theft, loss or damage occurring during the Rental Period.

1. We may, in our discretion, accept a credit card authorization hold in lieu of a payment for the deposit, in which event, the foregoing provisions applicable to a paid deposit apply to the authorization hold.

1. We may require you stop using, and to surrender or return the Vehicle, or we may retrieve, recover or repossess the Vehicle, at your expense, with or without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. Notwithstanding anything to the contrary, you are responsible to pay the entire rental amount set forth herein and all other charges due under this Agreement.

1. The parties acknowledge having received good, valuable and sufficient consideration for entering into this Agreement, which consideration includes the rental of the Vehicle in accordance herewith and the mutual and several agreements and covenants herein, and intending to be legally bound hereby.

3. Permitted Drivers and Passengers; Prohibited Uses.

1. You shall not drive, or permit anyone else to drive, the Vehicle unless you or that other driver, as applicable: (i) is identified in this Agreement as a driver, (ii) has received our Vehicle instructions and signed our Vehicle instruction checklist; (iii) has a valid passenger or commercial vehicle driver’s license, (iv) is at least 25 years of age, (v) is reasonably able to properly drive the Vehicle as required hereunder, (vi) has complied and continues to comply with the Vehicle Rules and Regulations; and (vii) has signed our required form of Release and Waiver of Liability. Anyone whose driver’s license is, or during the Rental Period becomes, invalid must not drive the Vehicle.

1. You shall not drive, or permit anyone else to drive, the Vehicle who rented or obtained the Vehicle by giving us a false or incorrect name, address or age, an invalid driver’s license or any other false, fraudulent or misleading information.

1. You shall not permit anyone to ride in or otherwise be a passenger in, use or occupy the Vehicle unless that individual: (i) complies with the Vehicle Rules and Regulations; and (ii) if; (A) 18 years of age or older, has signed our required form of Release and Waiver of Liability, or (B) under 18 years of age, has been identified as a minor in our required form of Release and Waiver of Liability, which form has been signed by the minor’s parent or legal guardian.

1. You shall not drive or use the Vehicle, and you shall not permit anyone else to drive or use the Vehicle:

• outside of the Permitted Area described on the first page of this Agreement;
• on private roads or property without the consent of the landowner;
• where or when use constitutes trespassing or a public or private nuisance;
• on any public streets, roads or highways;
• on government-owned lands except as expressly permitted by signage or applicable law;
• where or when prohibited by signage or applicable law;
• within New Jersey state parks and forests; or
• within Pennsylvania except on designated trails that expressly permit Vehicle use.

1. You shall not drive or use the Vehicle, and you shall not permit anyone else to drive or use the Vehicle:

• while under the influence of any alcohol, drug, other controlled substance or other substance which may affect his/her ability to drive or use it safely in compliance with all rules, regulations, instructions and requirements;
• for or in furtherance of any illegal purpose or under any circumstance that constitutes a violation of applicable law;
• to transport or carry any dangerous, hazardous, explosive, corrosive or illegal substance, item or material;
• to transport or carry any loaded firearm (but you may transport or carry it unloaded) or to transport or carry any weapon of any kind in an unlawful or unsafe manner;
• to transport anyone who is not wearing a helmet and goggles, glasses or other eye protection;
• who is not able to safely and securely do so;
• in any race, speed test, obstacle course or other contest or competition;
• in water deeper than twelve (12) inches;
• when the Vehicle is low on or leaking any fluids;
• when reasonable to expect that further use would damage the Vehicle;
• after any accident or injury or damage to or involving the Vehicle, unless and until you have received express permission to do so (and subject to any additional use restrictions imposed in our discretion, for example, we may permit the return of the Vehicle to the trailer but no other or further use);
• for any business or commercial purpose;
• to transport any cargo, building or construction materials, or similar items; or
• to tow or push anything. Do not have the Vehicle towed unless and until you have received our express permission to do so.

1. You acknowledge, understand and agree that you are responsible to know your health and physical circumstances, condition and limitations and/or the health and physical circumstances, condition and limitations of minors under your care or supervision. Individual circumstances, condition and limitations vary. If you have questions about your or another person’s fitness or ability to safely drive or ride in the Vehicle or any disability, injury or other health or physical circumstances, condition or limitation, you should consult your doctor or pediatrician and request a written doctor’s opinion or recommendation.

1. Your violation of any of the Vehicle Rules and Regulations, or a violation of any of the Vehicle Rules and Regulations by any other driver, passenger, occupant or user of the Vehicle during the Rental Period, constitutes a violation of, and a breach or default under, this Agreement by you.

1. You agree to cause each other driver, rider, occupant or other user of the Vehicle to fully comply in all respects with the applicable Vehicle Rules and Regulations, as they may apply, from time to time, to such other individuals.

4. Condition and Return.

1. You must return the Vehicle to the Return Location on the scheduled return date/time specified on the first page of this Agreement, and in the same condition that you received it, except for reasonable ordinary wear. By way of example, and not in limitation, reasonable ordinary wear does not include: cuts, bubbles, rips, or excessive wear to tires or tracks; dents, creases, holes, scratches and other damage to interior or exterior surfaces; stains or discoloration; weather or environmental damage; or damage to any engine, mechanical, electrical, support, suspension or other systems or parts. You are responsible for replacement cost and all related costs of cleaning, replacement, repair and repainting by reason of wear other than reasonable ordinary wear.

1. A Vehicle can only be returned during the business hours that we designate as available for return. We recommend that you call in advance to confirm that we will be open at the time you wish to return the Vehicle.

1. You must regularly check and maintain the Vehicle fuel level and return the Vehicle with as much fuel as when rented. If you return the Vehicle with less fuel than when rented, we will charge you for that shortage at the fuel refill rate specified on the first page of this Agreement.

1. You agree that the condition of the Vehicle at the time you received it is as described in the separate Vehicle Condition Report you signed at the time you received it. If you fail to sign the Vehicle Condition Report at the time you received the Vehicle you waive your rights to object to its contents.

1. You agree that the condition of the Vehicle at the time you returned it is as described in the separate Vehicle Condition Report you signed at the time you returned it. If you fail to sign the Vehicle Condition Report at the time you returned the Vehicle you waive your rights to object to its contents.

1. You acknowledge, understand and agree that you will not have the Vehicle serviced without our prior approval, you will not self-perform any Vehicle service, maintenance, repair or replacement of any parts or accessories and all Vehicle service, maintenance, repair or replacement must have our prior approval, and you will not remove any parts or accessories including drain plugs, floor pans, tires and tracks. If you believe there is a need for any Vehicle service, maintenance, repair or replacement of any parts or accessories, immediately call us to discuss your findings or concerns.

1. If you install or add any part, accessory or anything else to the Vehicle, you waive all right to compensation thereto, you warrant free and clear title thereto, you are deemed have immediately transferred to us free and clear title thereto, and we may at any time elect to require you to remove it (or we may elect to retain it).

5. Vehicle Theft, Loss or Damage.

1. You agree that, if you hear or feel anything that indicates or suggests a mechanical problem or damage, immediately stop the Vehicle, and then immediately call us to discuss your findings or concerns.

1. If you call outside of business hours you must also call back as soon as is practicable during the next business day’s business hours. Our phone numbers are on the first page of this Agreement and on our website.

1. You agree to immediately call us to report any Vehicle damage and to immediately call local law enforcement, and then immediately call us, to report any Vehicle vandalism or theft, or any accident, injury or damage to other property involving the Vehicle or your use of the Vehicle. You agree to obtain and provide us with a copy of any police report or other written report of any of the foregoing.

1. During the Rental Period, you bear all risk of loss with respect to the Vehicle. You are responsible for the theft of or loss of and all damage to the Vehicle, including under all circumstances and regardless of any act, omission, fault, negligence, act of deity or otherwise. You are responsible for any accident, personal or bodily injury, loss of services, death, wrongful death or property theft, loss or damage involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle during the Rental Period or otherwise under or subject to this Agreement, including under all circumstances and regardless of any act, omission, fault, negligence, act of deity or otherwise.

1. You are responsible for the theft of or loss of and all damage to any property or belongings of any driver, passenger or other person, , including under all circumstances and regardless of any act, omission, fault, negligence, act of deity or otherwise. We are not responsible for and we do not assume any liability for any loss or theft of or damage to any property or belongings of any driver, passenger or other person.

1. If it is reasonable and practicable to repair the Vehicle, you are responsible for all costs of the repair including Diminished Value and Loss of Use (each as defined below). Alternatively, if the reasonable repair costs will exceed the value of the repaired Vehicle or it is otherwise not reasonable and practicable to repair the Vehicle, you are responsible for the actual cash replacement retail value of the Vehicle on the date of the loss. You are also responsible to pay us a $150 administrative fee for each claim of damage or loss.

1. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement.

1. “Loss of Use” means our inability due to theft, loss, damage or other event or reason occurring before you return the Vehicle to use the Vehicle including for rental or sale, to display it for rental or sale, to transport it, to maintain, repair or upgrade it, or to otherwise use it. The “Loss of Use Period” means the period of time starting immediately after the Rental Period and continuing until the Vehicle has been fully repaired or replaced.

1. Loss of Use damages are difficult to determine with precision; accordingly, you and we agree that you will pay liquidated damages for Loss of Use calculated by multiplying eighty percent (80%) of the daily rental rate herein and the number of days occurring during the Loss of Use Period, which you and we agree is not a penalty and represents a reasonable estimation of actual damages which by their nature are difficult to ascertain and good faith effort to estimate in advance actual damages that will probably ensue from the breach.

1. If you wish to extend the Rental Period, you must first return the Vehicle to our rental office for inspection and written amendment hereof. If you fail to return the Vehicle by the scheduled return date/time, you acknowledge, understand and agree that we may report the Vehicle as having been stolen.

1. You shall not transport the Vehicle by means of any automobiles, trucks, other vehicles, trailers and other equipment or devices that are not identified herein and insured as required hereunder.

6. Mandatory Rental, Automobile and Trailer Insurance.

1. You acknowledge, understand and agree that: (i) our insurer, MBA Insurance, requires each driver to carry insurance on the Vehicle at all times during the Rental Period; (ii) by signing this Agreement inclusive of the accompanying rental insurance addendum and by paying all required insurance charges under this Agreement, you have applied to MBA Insurance for, and MBA Insurance has provided, by such addendum, insurance coverage solely for the Vehicle and the Rental Period and solely for the minimum coverages and limits required by applicable compulsory and financial responsibility law as determined by MBA Insurance; (iii) without rental insurance there would be no comprehensive and collision protection for Vehicle damage and no liability insurance for third-party claims; (iv) you pay insurance charges under this Agreement for each day or partial day the Vehicle is rented; (v) all insurance charges are non-refundable and no credit is given for an early return; (vi) MBA Insurance is the insurer for this insurance; (vii) UTV Masters is not the insurer for this or any other insurance and no insurance coverage of any kind is provided to you by UTV Masters; (viii) UTV Masters makes no, and disclaims all, statements and representations about any insurance provided by MBA Insurance; (ix) various insurance policy and insurance law provisions limit, restrict or exclude coverage, such as deductibles and coverage limits, and all coverage is subject to all policy terms and conditions; and (x) at the time you signed this Agreement inclusive of the accompanying rental insurance addendum, a copy of the MBA Insurance rental insurance policy to which the addendum applies and was added was made readily available to you, for your inspection and review, in the UTV Masters’ rental office.

1. You shall maintain property, comprehensive and collision protection for all automobiles, trucks, other vehicles, trailers and other equipment or devices used to transport the Vehicle, wherever located, including while on public highways, for the full replacement value; liability insurance of at least the minimum coverages and limits required by applicable compulsory and financial responsibility law insuring against claims for personal injury or property damage including all third-party liability involving the Vehicle, and automobiles, trucks, other vehicles, trailers and other equipment or devices used to transport the Vehicle; and all other insurance in such amounts and against such risks as are customary or prudent to maintain. All such insurance shall include coverage for your contractual indemnity obligations hereunder. All such policies shall contain a waiver of subrogation in favor of us and our insurers and name as additional insureds: UTV Masters and its respective affiliates, owners, principals, directors, managers, officers, employees, agents, representatives and others for whom it may be legally or vicariously responsible. Your duties, liabilities and indemnification and other obligations hereunder are not limited to or by your insurance coverage.
2. You acknowledge and agree that your insurance is primary to any insurance that we may have or require.

1. With respect to any claim, loss, damage, injury, loss of services, death, wrongful death or liability for which you have insurance coverage or for which, by the exercise of prudent, reasonable judgment, you could have had insurance coverage, you: (i) agree to look to your own insurance, which includes the aforementioned rental insurance, for recovery; (ii) release us from liability; and (iii) waive and release any right of recovery by anyone claiming by or through you, by way of subrogation or otherwise, including any insurer, such that your insurance carrier shall have no rights against us by way of subrogation or otherwise. Regardless of whether you fail to obtain or carry insurance, or of any insurance limits, exclusions or other terms or conditions, your release and waiver remains effective, and you bear the full risk of loss.

1. You agree that: (i) you will file an insurance claim with your insurer under your coverage for any loss, damage, injury, loss of services, death, wrongful death, liability event or occurrence that is or may be covered by such insurance and to use reasonable efforts to obtain recovery or proceeds from such insurance; (ii) you will not file any insurance claim that is: (x) fraudulent or based on any false information; (y) for an amount not reasonably in excess of the applicable deductible; or (z) not reasonably covered by reason of policy provisions, limits, restrictions, exclusions, terms and conditions; (iii) you will correctly complete and sign the aforementioned addendum and other forms reasonably necessary to evidence this insurance; and (iv) if you fail to correctly complete, or fail or refuse to sign, any such addendum or other form, we may complete, correct or sign it as your true and lawful attorney-in-fact for such limited purpose, which power of attorney shall be deemed coupled with an interest and irrevocable.

1. You acknowledge, understand and agree that we are not required by law to provide you with insurance. If we are required by law to provide liability insurance, we will provide a liability insurance policy with limits no higher than the minimum financial amounts required the law of the state whose laws apply to the loss and that is excess to any other available and collectible insurance, whether primary, excess or contingent, and that will provide liability coverage.

1. You and we waiver and reject personal injury protection, medical payments and no-fault coverage and benefits, and no-fault and uninsured and under-insured coverages, where, when and to the maximum extent permitted by law.

1. You, for yourself, for each of your minor children and for each other minor for whom you are responsible, and for each other driver, rider, occupant or other user of the Vehicle, acknowledge that: (i) there is no insurance coverage applicable to the rental or use of the Vehicle other than each individual’s respective personal insurance coverage; and (ii) there inherent, hidden, obvious and other risks and danger of injury, loss of services, death, wrongful death and property damage involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle, including those set forth in your Release and Waiver of Liability; and (iii) no level or amount of care, caution, instruction, training, practice, expertise, inspection or other measures can eliminate all inherent, hidden, obvious and other risks and danger of injury, loss of services, death, wrongful death and property damage involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle, including those set forth in your Release and Waiver of Liability.

1. You hereby represent and confirm that you willingly and voluntarily signed our required form of Release and Waiver of Liability.

7. Assumption of Risks; Waivers; Indemnification.

1. You agree to inform each other driver, rider, occupant or other user of the Vehicle that there are inherent, hidden, obvious and other risks and danger of injury, loss of services, death, wrongful death and property damage involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle, including those set forth in your Release and Waiver of Liability.

1. You, for yourself, for each of your minor children and for each other minor for whom you are responsible, and for each other driver, rider, occupant or other user of the Vehicle, assume all inherent, hidden, obvious and other risks and danger of injury, loss of services, death, wrongful death and property damage involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle, including those set forth in your Release and Waiver of Liability.

1. You agree, represent and confirm that you: (i) had the opportunity to test drive the Vehicle; (ii) received instruction in the transport and use of the Vehicle; (iii) understand the instructions given to you; (iv) found the instructions given to you, and the Vehicle, satisfactory; and (iv) rented and accepted the Vehicle in its “as-is” condition in all respects including with any and all faults or defects, patent, latent or otherwise.

1. The Vehicle is rented “as is” without any representation or warranty of any kind. We make no, and we disclaim all, representations and warranties of any kind regarding the Vehicle, whether express or implied, including any warranty of merchantability, reliability, suitability or fitness for a particular purpose or use.

1. Herein:

• “Claims” means all claims, demands, actions, causes of action, duties, liabilities, obligations, judgments, fines, penalties, damages (damages, including direct, indirect, incidental, consequential, special, exemplary or punitive damages), losses, fees, costs and expenses (including medical expenses and attorneys’, consultant’s and expert witness’ fees, costs and expenses), whether based on contract, warranty, tort, strict liability or other legal or equitable theories or principles, known or unknown, presently existing or later arising, notwithstanding any act, negligence or willful misconduct on our part or on the part of any of the other Released Persons involving, arising or resulting from or in connection with, or attributable to, any:
  • transport, rental, condition, use or possession of the Vehicle during the Rental Period or otherwise under or subject to this Agreement;
  • breach or violation of this Agreement by you;
  • violation of any applicable law, act, negligence or willful misconduct by you, any of your minor children, any other minor for whom you are responsible, or other any driver, rider, occupant or other person in or about the Vehicle involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle during the Rental Period or otherwise under or subject to this Agreement;
  • accident, personal or bodily injury, loss of services, death, wrongful death or property theft, loss or damage involving, arising or resulting from or in connection with, or attributable to any transport, rental, condition, use or possession of the Vehicle during the Rental Period or otherwise under or subject to this Agreement;
  • loss of, or damage to, personal property of any person that we received, handled or stored, or that was placed, stored or left in, on or about the Vehicle or in our offices; or
  • any criminal reports or prosecutions involving, arising or resulting from or in connection with any of the foregoing actual or alleged Claims or alleged Claims.
• “Released Persons” means us, all Vehicle designers, manufacturers, distributors, dealers, sellers and rental companies, all governmental entities, all owners and lessors of land and other property, and, with respect to all of the foregoing, all of our and their respective affiliates, owners, principals, directors, managers, officers, employees, agents, representatives and others for whom they are legally or vicariously responsible.

1. You, for yourself, for each of your minor children and for each other minor for whom you are responsible, and for each other driver, rider, occupant or other user of the Vehicle, to the maximum extent permitted by applicable law:

• waive and release any and all Claims;
• agree not to sue or otherwise commence any litigation, arbitration, mediation or other legal proceeding against us or any of the other Released Persons for any Claims;
• take and accept full responsibility for any and all Claims; and
• agree to indemnify, defend and hold harmless us and the other Released Persons for, from and against any and all Claims.

8. Recordings, Photographs, Location, Etc.

1. Commercial or other unauthorized use of any picture, likeness, image, voice or sound of the Vehicle by anyone other than us is prohibited without our express written consent.

1. You for yourself, for each of your minor children and for each other minor for whom you are responsible, and for each other driver, rider, occupant or other user of the Vehicle, hereby: (i) consent to and authorize the use and reproduction by us, or anyone authorized by us, of any and all photographs, videos or recordings that have been taken of you or any of your minor children or any other minor for whom you are responsible, in or about the Vehicle for whom you have responsibility, for any marketing, advertising, commercial or other purpose, in any digital, print, website or other media or form, including facebook or other social media, without compensation to you or anyone else; and (ii) acknowledge, understand and agree that all of these photos, negatives, videos, recordings, images and likenesses, and associated or derivative items are owned by us.

1. You for yourself, for each of your minor children and for each other minor for whom you are responsible, and for each other driver, rider, occupant or other user of the Vehicle, hereby: (i) consent to and authorize the use and reproduction by us, or anyone authorized by us, of any and all information regarding the location and your use of the Vehicle, including to insurers and law enforcement agencies; and (ii) acknowledge, understand and agree that there is no right or expectation of privacy with respect to the location and your use of the Vehicle.

9. Governing Law; Arbitration; Jurisdiction.

1. This Agreement shall be construed and interpreted under the laws of the laws of the jurisdiction in which our rental office is located without giving effect to any conflict of law provisions or principles.

1. You for yourself, for each of your minor children and for each other minor for whom you are responsible, and for each other driver, rider, occupant or other user of the Vehicle, agree that:

• any Claim, other claim, controversy or dispute must be filed as a demand for, and resolved or settled by, arbitration: (x) administered by, and in accordance with the rules of, the American Arbitration Association (“AAA”); (y) conducted in the county in which our rental office is located; and (z) final and binding on all parties with the award enforceable by any court having proper jurisdiction; and
• if a minor is involved in an accident or suffers any injury, death or property loss and the minor, or the minor’s parent or guardian, wishes to file a claim in connection therewith, the claim must be filed as a demand for, and resolved or settled by, arbitration: (x) administered by, and in accordance with the rules of, the AAA; (y) conducted in the county in which our rental office is located; and (z) final and binding on all parties with the award enforceable by any court having proper jurisdiction.

1. The parties waive and release, and no arbitrator, court or other authority shall have authority to award, indirect, incidental, consequential, special, exemplary or punitive damages.

1. The parties: (i) waive any right to trial by jury of any Claim or any dispute hereunder; (ii) consent to the exclusive jurisdiction and venue of the state or federal court located closest to our rental office; and (iii) waive any and all objections to such waivers, jurisdiction or venue.

1. If we hire an attorney to enforce this Agreement or defend any Claim and we receive enforcement or relief then you must reimburse us our reasonable attorney, accountant, expert, consultant, appraiser, insurer and other fees, costs and expenses for or related to such enforcement and defenses.

1. You agree that we have no obligation to mitigate damages, including any damages attributable to any breach or violation of this Agreement or of applicable law by you or other any driver, rider, occupant or other person in or about the Vehicle, or for any damages for which you are liable to indemnify, defend and hold harmless us or other Released Persons.

1. This Agreement constitutes the entire agreement between you and us regarding this rental. All prior representations and agreements regarding this rental are void. Paragraphs or section headings, numbering or lettering are for convenience only and are not terms or conditions of this Agreement.

1. No term of this Agreement can be waived or modified except by a writing that we have signed. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement.

1. We retain title to the Vehicle. You shall not transfer or assign this Agreement or sublease the Vehicle. You shall not dispose of the Vehicle or transfer encumber title to Vehicle. We may, in our discretion, elect to file a Uniform Commercial Code financing statement to evidence our interest in the Vehicle. We may at any and all reasonable times enter the premises where the Vehicle may be in use or located for any reasonable purpose including inspection, observation, evaluation, testing, service, maintenance, repair, replacement, removal, retrieval, recovery or repossession.

1. With respect to all of your duties and obligations hereunder, time is of the essence. 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.

1. You represent and warrant that you have all legal capacity and authority and consents of third parties necessary for you to enter into this Agreement and perform your duties and obligations hereunder and to bind each other driver, rider, occupant or other user of the Vehicle to their duties and obligations contemplated hereunder.

1. If any provision of this Agreement is held void, invalid, illegal or unenforceable, all other provisions shall continue in full force and effect and be deemed and construed as valid, legal and enforceable. The word “include” or “includes” or “including” or any variant thereof is construed as “without limitation” and not limiting the generality of any description preceding such term.

1. This Agreement and its accompanying attachments and forms are our proprietary information and are not to be used or disclosed by you except in connection with our transactions with you and the performance or enforcement of our respective rights and duties hereunder. For example, you are not permitted to share these forms with our competitors. This Agreement binds, and inure to the benefit of, the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns.