Definitions: “Agreement” means all terms and conditions found on both sides of this form. “You” or “your” means the person identified as the customer elsewhere in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction. All persons referred to as “you” or “”your” are jointly and severally bound by this Agreement. “We”, “our”, “us” or “VIP” means the business named on the reverse side of this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement if the person has a valid driver’s license and is at least age 21. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys, and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; It does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental rate. “Rental Period” means the total period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
Prohibited Uses. The Vehicle shall NOT be operated or driven by anyone: (a) under the influence of alcohol or drugs in violation the law; (b) who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent, or misleading information; (c) for an illegal purpose or in the commission of a crime; (d) to carry persons or property for hire; (e) to tow or push anything; (f) in a race or speed contest; (g) to teach anyone to drive; (h) outside the United States; (i) on an unpaved surface; (j) when the odometer has been tampered with or disconnected; (k) who knows, or could reasonably be expected to know, that further operation of the Vehicle could damage it; (l) who lacks experience in driving a vehicle with a manual transmission (if the Vehicle has a manual transmission); (m) to transport an animal (other than a service animal); (n) to carry more passengers than the number of existing seatbelts; (o) sending or reading an electronic message, including text (SMS) messages or emails, while operating the Vehicle; (p) who is not an Authorized driver; (q) in a willful, wanton or reckless act or misconduct; or (r) in connection with an accident and who fails to summon law enforcement to any accident involving personal injury or property damage. Any of the foregoing prohibited uses constitutes a breach of this agreement. Smoking is prohibited in the Vehicle. YOUR PROHIBITED USE OF THE VEHICLE MAY VOID YOUR LIABILITY COVERAGE, AND MAY VOID ANY OTHER INSURANCE COVERAGE PROVIDED BY US (WHERE PERMITTED OR REQUIRED BY LAW).
Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. To the extent permitted by law, 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, defend, and hold us, and each of our affiliates harmless from all claims, liability, costs and attorneys’ fees we incur resulting from or arising out of this Agreement or your use of the Vehicle. You release us from any liability for consequential, special, or punitive damages in connection with this rental. You take possession of the Vehicle and any optional accessories, products, or services “as is,” and we make no warranties, express or implied or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Condition and Return of Vehicle. In order to avoid the fuel charges, you must return the Vehicle to our office on the date and time specified on Front Page with at least as much fuel as when rented, unless we offer, and you purchase, pre-paid fuel. You will check and maintain Vehicle fluid levels. The Rental Period may not exceed thirty (30) days under any circumstances. If you would like to retain possession of the Vehicle for more than thirty (30) days, you must return the Vehicle to our rental office for inspection prior to the end of the Rental Period and execute a new Rental Agreement. The Vehicle must be returned in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for all damages to or loss of it until we inspect it upon reopening for business, and all Charges may continue to accrue. You must obtain our prior written approval before servicing the Vehicle or replacing parts of or accessories to the Vehicle. You grant us, our agents, assigns, and each person with a financial interest in the Vehicle the right to inspect the Vehicle during this rental.
Responsibility for Damage or Loss; Reporting to Law Enforcement. To the extent permissible by law, you are responsible for all damage or loss. To the extent permissible by law, your responsibility shall include the following: (a) all physical and mechanical damage to, or loss or theft of, the Vehicle up to the Vehicle’s Fair Market Value measured as follows: (i) if we or our insurer determine that the Vehicle is a total loss: the total loss vehicle value of the Vehicle, less salvage; (ii) if we or our insurer determine that the Vehicle is repairable: the actual cost of the repairs performed or the estimated cost of repairs if we elect not to repair the Vehicle; (b) our actual charges for towing, storage, and impound; (c) Loss of Use; and (d) Diminished Value. As used in this Section 5, “Fair Market Value” means the retail value of the Vehicle immediately preceding the loss; “Loss of Use” means a reasonable estimate of all rental Value of the Vehicle immediately before and after the Vehicle has been damaged. You must report all accidents involving the Vehicle and all theft of or vandalism to the Vehicle to us and to law enforcement upon discovery. As part of such report, you will provide a written description of the incident and the insurance information of the other parties involved. You will make a reasonable effort to secure evidence from any available witnesses to the incident.
Insurance. To the extent permitted by law, you are responsible for all damage or loss you cause to others. You agree to maintain automobile insurance during the Rental Period which provides to the owner, to us, and to you, the following primary coverage: (a) bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) uninsured/underinsured (“UM”/”UIM”) coverage where required, and (d) comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the rental occurs. Where permitted by law, by signing this Agreement, you and we reject UM, UIM, and supplemental no-fault or PIP coverages. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess, or contingent. The Policy provides BI and PD liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. The Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer. Where we are required to provide such coverage, you hereby select the minimum limits required by law. In states where the law requires us to provide insurance, your insurance will be primary, unless required otherwise by applicable law. In states where our insurance is required to be primary, our insurance is primary only up to the minimum limits of coverage required by that state’s financial responsibility laws. Unless otherwise required by law, any insurance we are required to provide applies only to claims of accidental BI and PD resulting from the use of the auto and is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. Our insurance policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You agree to cooperate with our insurer if any claim is made and to give us prompt notice of any damage, claim, or lawsuit against you. Our insurance applies only in the United States. Engaging in a Prohibited Use described in paragraph 3 or any other material breach of this Agreement may void any insurance coverage provided by us.
Optional Collision Damage Waiver. DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND IS NOT REQUIREDTO RENT A VEHICLE. You may purchase optional Collision Damage Waiver (CDW) from us for an additional fee. If you purchase DW, we agree, subject to the prohibited uses listed above in Paragraph 2, to contractually waive your responsibility for any collision damage done to the Vehicle up to the maximum value of the Vehicle, if you or any Authorized Drivers do not violate this contract. Notwithstanding anything to the contrary and unless prohibited by law, CDW does not apply to optional products and services or any liability imposed by law. When deciding whether or not to purchase CDW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to the Vehicle, you have coverage or protection for such damage and the amount of your deductible or out of pocket risk.
Charges. You will pay us, on demand, all charges due under this Agreement, including, but not limited to: (a) time and mileage for the period you keep the Vehicle; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic, and toll violations, fines, penalties, forfeitures, court costs, towing, impound, and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed, or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%) on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented; (l) a late fee on all charges not paid when due; (m) a mileage charge based on our experience if the odometer is tampered with; (n) a reasonable fee of up to $500 if you lose the keys or toll transponder to the Vehicle; and (o) a late fee if you do not return the Vehicle as specified on the rental agreement. All charges are subject to our final audit. To the extent permitted by law, we may reserve against your payment card at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve to pay all fees and charges that are incurred under this Agreement. We will authorize the release of any excess reserve upon the completion of your rental. Your payment card issuer’s rules will apply to your credit line or account being credited for the excess, which may not be immediately released by your card issuer.
IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, YOU AUTHORIZE US TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT WE INITIATE ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, YOU AUTHORIZE US TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM YOU. FOR A VEHICLE RENTED WITH CASH, CHECK OR MONEY ORDER DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK WITHIN FIFTEEN (15) BUSINESS DAYS OF THE END OF THE RENTAL PERIOD. All charges are subject to final audit by VIP.
Personal Information; Telematic Devices; Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to our affiliates or third parties in connection with our enforcement of our rights under this Agreement and for other legitimate business purposes. The Vehicle may be equipped with global positioning satellite technology or another telematics system, and an event data recorder. Your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as the following: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. You should have no expectation of privacy related to your use of this Vehicle. The Vehicle may also be equipped with devices that permit you to pair your own mobile devices, and that may download your personal contacts, communications, location or other digital data. You should delete all personal information from the Vehicle’s systems before returning it. To service your account or to recover the amounts you owe, you agree that we or our assignee may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. You represent that you are either the owner or primary user of the number(s) and email address you provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. You may revoke your consent at any time by contacting us in writing at the address on the Front Page.
Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that we received, handled 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.
Modifications.No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to continue possession of the Vehicle beyond thirty (30) days, you must return the Vehicle to our rental office for inspection prior to end of the Rental Period and execute a new Rental Agreement. This Agreement constitutes the entire agreement between you and VIP. All prior representations and agreements between you and us regarding this rental are void.
Arbitration Agreement. Agreement to Arbitrate: You and VIP each waive any right to a jury trial or to participate in a class action pursuant to the following terms. You and VIP agree to arbitrate any and all claims, controversies or disputes of any kind (“Claims”) against each other, including but not limited to claims arising out of or relating to this Agreement, or VIP’s products and services, charges, advertising, or rental vehicles. You and VIP agree that no claims will be asserted in any representative capacity on a class-wide or collective basis, that no arbitration forum will have jurisdiction to decide any claims on a class-wide or collective basis, and that no rules for class-wide or collective arbitration will apply. Scope of Arbitration Agreement. This Arbitration Agreement is to be broadly interpreted and applies to all claims based in contract, tort, statute, or any other legal theory; all claims that arose prior to or after termination of the Rental Agreement; all claims you may bring against VIP’s employees, agents, affiliates or representatives; and all claims that VIP may bring against you. However, the parties agree that either party may bring an individual action in small claims court with valid jurisdiction. The parties also agree that claims involving a third-party insurance company ostensibly providing coverage to you or any Authorized Driver or the application of VIP’s financial responsibility relating to the use or operation of the Vehicle may be brought in a court with valid jurisdiction. Procedure: (1) A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party. The Notice to VIP should be addressed to: 696 Beal Pkwy, Fort Walton Beach, FL 32547 c/o In-House Counsel. If VIP and you do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this agreement; however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The AAA rules are available online at www.adr.org. The arbitration will be confidential and hearings will take place in the federal judicial district of your Rental Location. Arbitrator’s Authority: The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this agreement, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim. Arbitration Costs: You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.). VIP will be responsible for its arbitration fees. You are responsible for all other costs/fees that you incur in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse VIP for any fees unless the arbitrator finds that the substance of your claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and VIP may seek reasonable attorney’s fees. VIP will pay all fees and costs it is required by law to pay. Governing Law and Enforcement: The FAA applies to this Arbitration Agreement and governs whether a claim is subject to arbitration. This Arbitration Agreement was drafted in compliance with the laws in all states; however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement remains in full force and effect.
Miscellaneous.No term of this agreement can be waived or modified except by a writing that we have signed or on a form that we provide. This agreement constitutes the entire agreement between you and VIP. All prior representations and agreements between you and VIP regarding the use of the Vehicle are void. Our waiver of a breach of this Agreement, our acceptance of payment from you, or our failure, refusal or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. You waive all recourse against us for criminal prosecutions we take against you for breach of this Agreement. You release us, our agents, and our employees from all claims for loss of or damage to personal property that was left with us or carried in the Vehicle. If you fail to claim property left in the Vehicle for more than thirty (30) days, we may, without further notice or communication, dispose of that property in any manner we choose. If any provision of this Agreement is deemed void, the remaining provisions are valid and enforceable. All terms of this Agreement that by their nature extend beyond its termination will remain in effect until fulfilled.
