Rental Terms and Conditions

Customer’s Representations and Warranties

1. Customer acknowledges and agrees:
   1. That the Vehicle may be leased by the Company from a third party (“Owner”).
   2. That Customer has inspected the Vehicle and acknowledges that it was received in good mechanical and physical condition.
   3. That no repairs, adjustments, or replacement of any parts will be made without the Company’s prior written authorization.
   4. That Customer shall not remove the Vehicle from the area of operation specified on Page 1 without the prior written consent of the Company.
   5. That the Vehicle will be operated only under Customer’s exclusive dominion and control, and that neither Customer nor any driver of the Vehicle shall be deemed the agent, servant, or employee of the Company or Owner.
   6. That Customer shall pay any license, taxes, or tolls that are imposed against the Customer for or arising out of the operation of the Vehicle, and file or assist the Company in filing any and all returns or reports required by any agency or governmental body as a result of the use of the Vehicle.
   7. That this agreement shall terminate on the date and time indicated in Paragraph 13, and that upon termination, Customer shall return the Vehicle to the Company in the same condition as received, ordinary wear and tear excepted.
   8. That Customer shall be responsible for all damage to the Vehicle, including but not limited to cracked or broken glass, tires, and breakdowns. Customer will pay all costs to repair any damage. In cases where a tire cannot be repaired, Customer shall pay the replacement cost of the tire casing and remaining tread.
   9. That rental charges will continue during any downtime necessary to repair the Vehicle.
   10. That notwithstanding any insurance coverage, Customer shall be fully liable for all loss or damage to the Vehicle if it is used, operated, or driven in violation of the provisions of this agreement; if loss or damage results from collision with any other vehicle, the structure of any underpass or other object; or if loss or damage results from willful abuse of the Vehicle by Customer, Customer’s employees, agents, invitees, or permitted assigns.
   11. That Idealease, Inc., an Illinois corporation (“IDEALEASE, INC.”), has granted the Company the right to use the Idealease tradename and service marks. Customer expressly understands and acknowledges that IDEALEASE, INC. does not own any Vehicle, is not a party to this agreement, and has no duty, obligation, or liability under this agreement.
   12. That under no circumstance will the Company, IDEALEASE, INC., or Owner be liable for any indirect, consequential, special, or other damages that Customer or any other person may suffer or incur, and Customer agrees to release, defend, indemnify, and hold the Company, Owner, and IDEALEASE, Inc. harmless with regard to such damages. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF COMPANY, IDEALEASE, INC. AND/OR OWNER EACH EXCEED $10,000. This provision shall be interpreted to include, without limitation, damaged, lost, or stolen goods, cargo, tools, tarpaulins, accessories, spare tires or other equipment or property in, upon, or attached to the Vehicle.
   13. That if Vehicle is operated with a trailer or other equipment not covered by this agreement, such trailer or other equipment will be in good operating condition and Customer will release, defend, indemnify, and hold the Company harmless from any claim, loss, damage, or injury caused by, or to, such trailer or equipment.
   14. That Customer has not, and does not, by this agreement acquire any proprietary rights or interest in the Vehicle, and Customer may not create or suffer to exist any security interest or lien upon the Vehicle. Customer shall give the Company immediate notice of such attachment or claim.
   15. Customer is responsible for compliance with federal, state, and local laws and regulations.
2. Customer warrants and agrees that the Vehicle shall not be operated:
   1. In violation of any law, ordinance, rule or regulation of any governmental agency or body. IF THE VEHICLE IS USED TO CARRY CONTRABAND OR FOR ANY OTHER ILLEGAL PURPOSE THIS AGREEMENT SHALL BE ABROGATED AND THE VEHICLE IMMEDIATELY DEEMED CONVERTED.
   2. To push or tow any other vehicle, to carry persons for hire, or to transport weight in excess of the maximum payload capacity.
   3. By any person other than the Customer, his/its employees, or persons regularly employed by Customer.
   4. By any person who is not properly licensed and qualified to operate the Vehicle.
   5. By any person who is under the influence of intoxicants or drugs, or has been convicted of reckless driving or driving while under the influence of intoxicants or drugs within the prior three years.
   6. In excess of applicable speed limits; in a reckless or abusive manner; in any race or speed contest; off improved roads; improperly loaded; in areas of insufficient width or height; on a flat tire; in areas of strike, labor, or civil disorder; in Mexico; or to transport a car, truck, animal, or person.
   7. Outside the scope of the driver’s employment and the usual course of business of Customer.
   8. By any person who has given a fictitious name or false address.
3. Customer agrees to notify the Company before any change of driver, and not to permit any driver not approved by the Company to operate the Vehicle.
4. Customer acknowledges that the assignment of this agreement and any subletting or reletting of the Vehicle is expressly prohibited.
5. Customer acknowledges and agrees that the Company has made no express warranties, and hereby disclaims all implied warranties with respect to the Vehicle, including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose.
6. Customer acknowledges and agrees that the Company is the “Fleet owner” (as that term is defined in the California Air Resources Board’s proposed Advanced Clean Fleet regulation, or any similar regulation that mirrors or replaces it) of all Vehicles, regardless of the location of the Vehicles

CHARGES PAYABLE TO THE COMPANY

7. Rental charges as stated in this agreement shall not abate but shall continue in full force and effect whether Vehicle is inoperable, is lost or stolen, is in a state of disrepair, or is otherwise disabled for any reason. All charges shall run until the Vehicle is returned to the Company in accordance with Paragraph 13. Customer is responsible for the cost of towing, removal, and storage fees. Customer must pay mileage charges through the date of damage or theft. Mileage charges for unrecovered stolen Vehicles will be estimated in accordance with Paragraph 7(a), below. Customer is responsible for any mileage charges on recovered stolen Vehicles. Customer authorizes the Company to process a credit card voucher (if applicable) in Customer’s name for all charges. No deposit will be refunded unless all amounts due under this agreement are paid. All charges are subject to final audit. In addition to the charges specified on Page 1, Customer agrees to pay the Company on demand:
   1. An additional charge equal to the greater of $10 per hour for each hour the Vehicle is in the possession of the Customer, or $70.00, if the odometer (or hubometer) has been tampered with, is damaged, missing or has been disconnected.
   2. All costs, including fees paid to an attorney or collection agency, incurred in connection with the retaking of the Vehicle or the collection of any amounts payable by Customer to the Company under any of the provisions of this agreement, whether collected by suit or otherwise.
   3. A late charge equal to % per annum compounded daily (or the highest amount permitted under the applicable laws) on all amounts due hereunder that remain unpaid days after the date of the invoice.

INSURANCE AND INDEMNIFICATION

8. Insurance Provided by the Company. Unless the Company and Customer otherwise agree in writing, no insurance will be provided by the Company to Customer under this agreement other than as required by law.
9. Insurance Provided by Customer. Customer agrees to provide liability and/or comprehensive and collision damage insurance as indicated on Page 1. All insurance to be provided by Customer, pursuant to Page 1 and Paragraph 10 below shall; (a) provide primary coverage with an insurance carrier approved by the Company; (b) provide a waiver of subrogation by the insurance carrier in favor of the Company, IDEALEASE, INC., and Owner; and (c) be evidenced by a Certificate of Insurance, in a form approved by the Company naming the Company, Owner, IDEALEASE, INC. and such other parties as the Company may designate as additional insureds and the Company or Owner as loss payee. If Customer fails to provide any insurance listed herein or fails to furnish the Company the required Certificate of Insurance, the Company may, but is not obligated to, provide such insurance, and add the cost of such insurance pro rata to the charges for the Vehicle, without prejudice to any other remedy the Company may have.
10. In the event that the Public Utility Commission, the United States Department of Transportation, the Interstate Commerce Commission, any compulsory or financial responsibility law, or any other regulatory authority or statute requires that the Vehicle be covered by liability insurance in excess of the Minimum Liability Coverage, Customer shall obtain at Customer’s expense said additional insurance (naming the Company, Owner and IDEALEASE, INC. as additional insured’s) in an amount equal to or greater than the minimum requirements of the above regulatory authorities or statues. Customer shall provide any additional liability insurance coverage, as may be required under this Paragraph 10.
11. Customer agrees to defend release, indemnify and hold the Company, Owner and IDEALEASE, INC. harmless from and against any and all claims, demands, suits, causes of action or judgments for death or injury to persons or loss or damage to property arising out of or caused by any Vehicle covered by this agreement, including, but not limited to the following:
    1. Any claims or causes of action arising from statutory requirements of insurance and which the Company would not otherwise, pursuant to the terms hereof, be required to pay.
    2. Any and all losses, damages, costs and expenses incurred because of injury or damage sustained by any occupant of said Vehicle, including without limitation Customer, Customer’s employees, agents or representatives and loss or damage to cargo or property owned by or in the possession of Customer, Customer’s employees, agents or representatives or occupants.
    3. All loss, damage, cost and expense resulting from Customer’s violation or breach of this agreement or any false or inaccurate information supplied by Customer.
    4. The value of all tires, tools and accessories damaged, lost or stolen from the Vehicle.
    5. Any consequential, special, or other damages that Customer or any other person may suffer or incur, including but not limited to losses sustained because of any delay in delivery or failure to deliver products owned or transported by Customer.
    6. Any claims arising out of failure to comply with all state and Federal regulations, licensing, and permitting requirements, or failure to file state and Interstate Commerce Commission Certificates of Liability Insurance.
    7. All costs of retaking the Vehicle, including but not restricted to attorneys’ fees and court costs.
    8. Any fines or penalties including forfeiture or seizure resulting from the use of the Vehicle.
    9. All claims for damages that Customer or any other party may sustain as a result of any actions taken by the Company under paragraphs 14 and 15 hereof.
    10. All costs of defense and expenses of every kind, including attorneys’ fees incurred in connection with any suits or claims covered under this Paragraph 11.
    11. Any and all fines, fees, expenses, penalties, and costs of any kind incurred by the Company if Customer takes a Vehicle into California in breach of this agreement.
12. Customer agrees to report any accident, loss of or damage to the Vehicle to the Company immediately, and in writing, within 24 hours after such accident, loss or damage.

RETURN OF VEHICLE

13. Customer agrees to return the Vehicle to the Company, with all original equipment and accessories, at the location from which the Vehicle was delivered to Customer, unless a different place of return is designated on Page 1 of this agreement. Customer shall return the Vehicle at the time designated on Page 1; provided however, that if the Company makes written demand sent by prepaid registered mail to Customer’s address shown herein, Customer shall return the Vehicle at the earlier time so specified. If no time is designated on Page 1 for the return of the Vehicle, Customer agrees to return the Vehicle no later than 7 days after the date inserted in the Time Out section on Page 1. In the event that the Vehicle is rented for a period longer than one week, Customer shall return the Vehicle to the Company for routine maintenance and inspection at such times as requested by the Company.
14. If Customer fails to return the Vehicle to the place specified in this agreement within three days after the time specified herein or from any earlier date specified in the written demand by the Company, such failure shall constitute an unauthorized taking, use, and operation of the Vehicle. the Company may thereafter consider such Vehicle as stolen and may take any steps which the Company deems reasonable and necessary to recover the Vehicle.
15. The Company reserves the right to inspect the Vehicle at any time during the term of this rental, wherever the Vehicle may be located. In the event of a violation or default by the Customer with respect to any of the terms of this agreement, the Company may recover the Vehicle wherever it may be located and terminate this agreement.

GENERAL PROVISIONS

16. Customer acknowledges and agrees by his signature on the reverse side hereof that he has read and is aware of the terms and conditions concerning the use of the Vehicle and he accepts his full responsibility herein defined. This agreement contains the entire agreement between Customer and the Company. Time is of the essence. It is agreed that these terms are contractual and have not and cannot be altered, except by written addendum or amendment properly executed by the parties.
17. If any provision of this agreement is in violation of any law of the state in which the Vehicle is rented, then such provision shall be deemed to be automatically reduced to the extent necessary to comply with the law without invalidating any other of the terms and provisions of this agreement.
18. If Vehicle is being furnished pursuant to an Idealease lease, the provisions of said agreement shall take precedence over those herein.
19. The parties agree that this agreement shall be governed in all respects by the laws of the state of the Company’s domicile (“State”), as those laws apply to agreements entered and to be performed entirely within the State between the State’s residents, without regard to conflict of law provisions. Customer agrees that all claims, suits, actions and proceedings involving interpretation, construction or enforcement of this agreement, whether sounding in contract, tort, or otherwise, must be brought exclusively in and resolved by a court located in the county of the Company’s domicile (the “County”). Customer for itself and its executors, administrators, heirs, insurers, successors and assigns, hereby consents and subjects itself to the jurisdiction of the courts located within the County. The parties acknowledge that the transaction which is the subject matter of this contract bears a reasonable relation to the State, and this agreement shall be deemed to have been executed in the State.
20. If, for any reason, it becomes necessary for Company to retake the Rental, Customer authorizes Company to retake the Rental without further notice or further legal process and agrees that Company shall not be liable for any claims for damage or trespass arising out of the removal of the Rental.