TERMS AND CONDITIONS
1. Customer understands and agrees that said equipment remains the property of Owner and that the failure of Customer to return said equipment of Owner within the time provided may constitute a crime and subject Customer to prosecution therefor, Owner at his own discretion may report as stolen all equipment held beyond three (3) days from the return date without notification or before, if conditions indicate theft.
2. Customer acknowledges that he has examined said equipment and knows the condition therefor and acknowledges receiving said equipment in a clean condition and in good condition mechanically and free from body defects and damages except as noted on the face herein. Customer further agrees that he will return said equipment in the same condition as when received, ordinary wear and tear excepted, and to repair and replace lost, stolen, damaged or broken parts or to reimburse Owner therefor. The cleaning and damage deposit shall not be a limit on Customer's liability here under and Customer agrees to pay Owner for whatever additional amounts are required for cleaning or repairing damage to· equipment.
3. Customer agrees that he will not use said equipment in the transportation of persons or property for hire or for any illegal or unauthorized use or permit the same to be used in violation of any municipal, county, state or federal law, ordinance or regulation and agrees to pay any tax, fine, trip permit or license fee levied by reason of his use of said equipment. ·
4. Customer covenants and agrees that operation of said equipment will be restricted solely to the confines of the contiguous 48 states unless prior written approval is received from Owner. Customer agrees to indemnify Owner for any damages incident to or arising out of any breach or violation of this contract.
5. This agreement is personal to Customer and may not be assigned or re-let without the prior written consent of Owner, which consent may be withheld.
6. In the event Customer desires to extend this rental contract beyond the date and time originally agreed upon, Customer shall immediately notify Owner of said desire and obtain his approval (which approval may be withheld) and terms for said extension. IN THE EVENT THAT EQUIPMENT IS RETAINED BEYOND THE DUE DATE WITHOUT NOTIFICATION AND APPROVAL BY OWNER, CUSTOMER SHALL BE CHARGED A PENALTY OF DOUBLE THE RENTAL RATE FOR ANY EXTRA TIME THE EQUIPMENT IS RETAINED BY CUSTOMER AND CUSTOMER SHALL FURTHER BE LIABLE FOR ANY DAMAGES RESULTING TO OWNER WHICH ARE CAUSED BY SAID DELAY.
7. Owner shall not be held liable for injuries or death or damage to property during the term of this rental agreement or at any other time when equipment is in Customer's possession. Customer covenants and agrees to indemnify and hold Owner harmless from and against any and all liabilities, penalties, damages, expenses, costs, losses and judgements arising out of the death of or injuries to persons or damages to property of any
nature, occasioned wholly or in part by the act or acts, omission or omissions of Customer, or agent, representative, employee, or other person operating said .equipment, and also for any matter, cause, or thing growing out of or by reason of the use of said equipment by or on behalf of·Customer. Customer further agrees not to hold Owner responsible or liable for any damages resulting from a breakdown of said equipment.
7a. Liability Insurance. You are responsible for all damage or loss you cause to others. You have provided us with an insurance binder indicating that you have vehicle liability, collision and comprehensive insurance covering you, us, and the Vehicle. Since you have auto liability insurance, we provide no liability insurance.
"Damage" means any collision or comprehensive loss to, or of, the Vehicle; collision or comprehensive losses do not include damage to the interior of the Vehicle or its appliances; Damage to the Vehicle is covered by Outdoorsy. The policy has a deductible, per occurrence. Auto liability insurance is part of Outdoorsy, and provides coverage for bodily injury and property damage with limits no higher than the minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. MBA Choice covers $2,000 PIP or medical payments, and statutory limits of uninsured and under-insured motorist coverage. Coverage applies in the United States, it's territories and possessions, and Canada. Coverage is void . if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or the insurer. Allowing an unauthorized driver to operate the Vehicle terminates our liability insurance coverage.
8. Customer hereby agrees to pay for damages to equipment sustained during the term of this agreement or at any other time when said equipment is in the possession and control of Customer for any cause or reason whatsoever and with regard to Customer's fault or negligence .
9. Owner maintains no insurance coverage for injuries to or death of Customer or any other driver of or passengers in said equipment, except as may be noted on the face hereof. Customer hereby agrees that the use of said equipment is at his owl) risk, and further agrees to maintain such additional insurance as he thinks may be necessary for the protection of himself and his passengers.
10. For the purpose of protecting Owner's ownership or rights under this contract, Customer agrees that Owner may retake possession of said equipment at any time and for such purpose to enter upon the premises of Customer without becoming liable for trespass.
11. Customer shall not disconnect or tamper With the. odometer or speedometer and if same shall show signs of having been tampered with or disconnected, Customer agrees that, at the option of Owner, Customer shall pay Owner for mileage fees at a rate of three times the indicated mileage. NOTE: Tampering with an odometer is illegal in most states.
12. Customer agrees to pay for any mechanical damage due to lack of proper inspection and maintenance pursuant to instructions given by Owner. Owner agrees to reimburse Customer for reasonable an,d necessary oil and lubrication expenses incurred by Customer during Customer's use of said vehicle, upon furnishing Owner for receipts for such expenses. Customer shall pay all costs for gasoline and supplies necessary for operation. If such repairs are required due to any breakdown of the vehicle, provided said break down is not caused directly or indirectly by the misuse by Customer of said vehicle or by the carelessness or negligence of Customer, Should any repair work which will cost in .excess of $100.00 become necessary, Customer shall contact Owner by telephone and obtain authorization to have repair work performed by a qualified mechanic. Any such authorization for repair shall not constitute a waiver by Owner of any right to charge customer for such repairs, if in the opinion of Owner, such repairs were required because of the misuse of said equipment. Customer agrees to immediately discontinue the use of any equipment should same become unsafe or in a state of disrepair until such time as said equipment can be placed in safe operating condition. Customer agrees to pay any and all costs for loss of use resulting from damages during the course of this rental.
13. If equipment rented is a motor vehicle, it is agreed that said vehicle shall tie operated during the term of this agreement only by the person(s) specifically designated in schedule "A". Customer represents and warrants that such person so listed in schedule "A" is now and at all times during the term of this lease agreement is and will be fully or duly licensed by the state of his bona fide residence to operate said vehicle.
14. It is understood and agreed that Owner shall not be liable to Customer should the equipment here in referred to be unavailable for the rental period specified for any reason beyond the control of Owner. In the event of the failure of Owner to furnish said equipment to Customer in the time specified for the rental term herein to commence, Owner shall refund to Customer all sums previously paid as a reservation fee. Owner shall have no other further liability to Customer beyond repaying said reservation fees.
15. The ·remedies granted herein to Owner are cumulative .and are in addition to and not in limitation of any other remedies available to Owner by law . Owner, by pursuing any of the remedies provided herein or by law, shall not be deemed to waive any of the other remedies provided herein or by law.
16. ·Customer agrees to pay all costs and expenses incurred by Owner to enforce collection or to preserve or enforce Owner's rights under this contract including a reasonable attorney's fee.
17. Cancellations/Refunds - Must be made 14 days prior to the rental date in writing. Cancellations made inside the 14 days from the rental date will forfeit the total rental amount. there are no reservation deposit refunds should you cancel the reservation. We will, however allow you to reschedule your reservation for up to one year from the date of the original reservation and apply the remaining rental amount to a future rental (minus the reservation deposit). Should event beyond our control cause the requested RV not to be available during the times of your request, we reserve the right to substitute another RV. Reserving during a high compression date, main event or holiday will result in the rental being adjusted to the rate for that particular event/holiday.
18. This contract represents the entire agreement between the parties hereto, and there are no collateral, oral, or other agreements or understandings.