1. Definitions. "Agreement" means all terms and conditions found in this form, any addenda and any additional materials we provide at the time of rental.
"You" or "your" means the person identified as the renter on this form, any person signing this Agreement, any Authorized Driver and any person or
organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound
by this Agreement. "We", "our" or "us" means the rental company named on this form. "Authorized Driver" means you and any additional driver listed by us on
this Agreement provided that each such person has a valid driver's license and is at least 25 years of age. Only Authorized Drivers are permitted to drive the Vehicle. Vehicle" means the
recreational vehicle, motor home, truck camper or other motorized vehicle identified in this Agreement and any vehicle we substitute for it, and all its
tires, tools, accessories, equipment, appliances, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for any
purpose due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity
to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you
and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired,
times 80% of the daily rental rate, which you and we agree represents a reasonable estimate of actual damages and not a penalty. “Diminished Value” means
the difference between the value of the Vehicle just prior to damage or loss and the value of the Vehicle after repair or replacement. “Vehicle License
Fee” means our estimate of the average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. 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 us, defend us and hold us harmless from all claims,
liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or our repossession of it. 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.
3. 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. If the Vehicle is returned after closing hours, you remain responsible
for its safety and any damage to it until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories
during the rental must have our prior approval. You must check and maintain all fluid levels, and return the Vehicle with the same amount of fuel as when
rented.
4. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Toll and Parking Violations. You are responsible for all damage to, and for
loss or theft of, the Vehicle including damage caused by weather, road conditions and acts of nature, even if you are not at fault. You are responsible for
the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair
the Vehicle. You are also responsible for Loss of Use, Diminished Value, and our administrative expenses incurred processing a claim. Your responsibility
for damage to the Vehicle may be covered by insurance you provide or insurance you purchase from MBA Insurance. You must report all accidents and incidents
of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking
citations, toll violations, fines for toll evasion, other fines and penalties assessed against us or the Vehicle during this rental. If you fail to pay and
we pay the charges on your behalf, you will reimburse us for all such costs and, in addition, pay us a processing fee of $50 for each such violation, fine
or charge.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who
is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of any drug or alcohol;
(c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information, or who withheld information
that would have caused us not to rent the Vehicle; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of
law other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry
objects on the
roof of the Vehicle; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal materiel; (i) outside the United States,
Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle;
(k) on unpaved surfaces, except at licensed public campgrounds; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside
the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with
or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the
Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you
summon the police to the accident scene; (r) to transport an animal. Sitting, standing or lying on the roof of the Vehicle is prohibited.
6. Insurance. You are primarily responsible for all damage or loss you cause to others or their property. You have either provided us with an insurance
binder indicating that you have primary motor vehicle liability, collision and comprehensive insurance covering you, us, and the Vehicle, or you have
elected to purchase liability, collision and comprehensive insurance from MBA Insurance. If the bound coverage is not primary, you will be personally
liable for all damage you cause to others or their property. If you elect to purchase coverage from MBA Insurance, the terms of that coverage are provided
to you directly from MBA Insurance.
7. Charges and Costs. You will pay us at or before the conclusion of this rental, or on demand, all charges due us under this Agreement, including the
charges and fees shown on the Face Page, and: (a) a mileage charge based on our experience if the odometer is tampered with; (b) all expenses we incur
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; (c) all costs
including pre- and post-judgment attorney fees we
incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (d) a 2% per month late payment fee or the maximum
amount allowed by law on all amounts past due; (e) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned
unpaid for any
reason; (f) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented; and, (g) towing, storage
charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental. 8. Deposit. We may use
your deposit to pay any amounts owed to us under this Agreement.
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property 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.
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period,
you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire
agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.
11. Waiver. 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. 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. 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. If any provision of this Agreement is deemed void or unenforceable, the
remaining provisions are valid and enforceable.
12. Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited
to the
daily rental rate times the number of days the Vehicle is inoperable.
© 2011 LaPlaca Law, PC, Rockville, MD MBA Choice Basic 02221
