Definition of terms: The following terms shall have the following interpretation: " Contract " mean this rental consisting of pages 1 and 2. " Renter " means the party renting or leasing the vehicle and any other person approved by Lessor on page 1 to drive. The " Lessor " means DreamCar Exotic Rentals Inc. or its authorized dealer named on page 1. " Vehicle " means the automobile or truck described on page 1 and includes tires, tools, accessories and equipment. Lessor hereby rents or leases to lessee identified on page 1, the vehicle described, subject to all the terms and provisions of this contract contained below and on the reverse side hereof.
1. PROHIBITIVE USE: Drivers... in NO EVENT shall the vehicle be used, operated or driven by any person other than the renter or additional driver who signed this agreement. The vehicle shall not be used (1) in violation of any law, ordinance or regulation of any government body or legal authority, or in violation of any rule, order, requirement of instruction of DreamCar Exotic Rentals Inc.; (2) by any person who is under the influence of intoxicants, narcotics or drugs; (3) if any automobile for the transportation of persons or property for hire; (4) in any race, test or competitive event; (5) outside the state of Florida without Lessor's consent; (6) by any person under the age of 21 (unless stated otherwise by employees of DreamCar Exotic Rentals Inc.); or (7) to push or tow a vehicle. Renters are prohibited from installing any bumper, clamp-on, or other type of trailer hitch. In NO EVENT SHALL Lessee sub-rent or release the vehicle to another person or corporation. If the vehicle is obtained by the lessee by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all use of the Vehicle is without the leaser's permission. The forgoing conditions are cumulative and each of them shall apply to every user operating and driving the vehicle. Renter and/or additional Renter agree to an indemnify and reimburse Lessor for all damages sustained by Lessor as a result of said vehicle being used in the manner which can be characterized "prohibitive use" under the aforementioned "prohibitive use" clause.
2. RETURN OF VEHICLE: This contract is one of rental only. The vehicle is a property of Lessor, as when received, ordinary wear and tear excluded. Renter is shown on page 1 (under "due back") in same condition, and with same financial value to the Lessor, as when received, ordinary wear and tear excluded. Lessee is hereby notified that if the vehicle is not returned by the "due back" date or earlier if demanded by Lessor for reasonable cause or shown on contract is invalid after "due back" date. In NO event can car remain on rent on any one rental agreement for more than thirty days. Lessor, or any of its agents or employees, may peacefully repossess the vehicle, without demand, and terminate this Rental Agreement if the vehicle is illegally parked, is used in violation of law or this contract was obtained as the result of any mis-statement or fraud, is apparently abandoned, or for any other reason deemed sufficient by the Lessor. Lessor shall not in any way be liable to lessee for damages resulting from such repossession nor shall Lessor be responsible for any other loss or damage of any property of Renter contained therein.
3. AMOUNTS DUE LESSOR: Renter shall pay DreamCar Exotic Rentals, Inc. in demand: (a) all time and mileage charges as computed on Page 1 of this contract with mileage determined by reading the factory installed vehicle odometer; (b) basic or minimum rate, service, Collision, Damage, Waiver, and other charges as shown Page 1 thereof; (c) fuel charges as specified in the Lessor's Fuel Charge Policy; (d) All sales, use, excise and other taxes; (e) All liens, penalties, foreclosures, court costs and out-of-pocket expenses incurred by Lessor with respect to Renter's use of the vehicle including parking, traffic assessed against Lessor, the vehicle, Lessee, plus a reasonable service charge unless due to Lessor's fault; (f) Lessor's cost and expenses including reasonable attorney's fees (unless prohibited by law), incurred in collecting any payment due hereunder or in repossessing the vehicle; (g) Renter's cost and expenses for repairing vehicle if vehicle was damaged while being used in violation of any of the terms and conditions of this contract, (i) Lessor's cost and expenses for recovery of vehicle, regardless of fault, which resulted from an accident, theft or violation of the prohibited clause; (j) $200 or not less than $5 per hour, whichever is greater, in addition to all other charges, calculated from the first moment the car was in the possession of the Renter if the odometer is disconnected or tampered with; (k) in addition to above costs, Lessee specifically agrees to pay Renter for vehicle downtime, at Renter's normal rental rate, for the vehicle for the entire time the vehicle is out of service when shut down time is constructed to be fault or responsibility of Renter under the terms and conditions of this agreement.
4. INDEMNITY: The Renter does hereby agree to indemnify and hold harmless the Renter Agency from and against any and all losses, liability, damages, suits, demands, costs, attorney fees and other expenses incurred by the Lessor arising out of the use of the vehicle by the Renter and any other persons.
5. NO AGENCY: Neither Renter nor any other driver of the vehicle shall be deemed to be the agent, servant, or employee of Lessor for any reason or for any purpose, and during the term of this Agreement the Renter shall completely assume full responsibility for the vehicle to the public and any regulatory body having jurisdiction.
6. ACCIDENT: Renter shall immediately report any accident to the law enforcement agency having jurisdiction at the place of the accident and to Lessor and shall deliver to Lessor or its insurers if so wanted by Lessor, every process, pleading notice, or any paper of any kind received by Renter or any driver of the vehicle relating to any claim, suit or preceding and shall cooperate fully with Lessor and its insurer in investigating and defending the same.
REPAIRS: Renter shall not permit any repairs to the vehicle or suffer any lien to be placed upon it without Lessor's prior written consent. Renter shall be liable for such repairs.
7. CREDITS AND CHARGES: All charges are subject to final audit. In the event Renter directs Lessor to bill charges to any other person or organization, then such person or organization and Renter shall be jointly and severely liable for such charges and in the event that such other person or organization, then such person or organization fails to make immediate payment of said charges. Renter will, upon demand of Lessor, promptly pay said charges. Whether billed to other person or organization, or himself, Renter agrees to pay Lessor interest of 1 1/2% per month (18% per year) in addition to and exception preceding fee of $40, on any monies due Lessor until collected, on any account outstanding over 30 days.
8. POWER OF ATTORNEY: Renter hereby acknowledges primary and ultimate responsibility for payment of all costs and charges which may accrue under the terms and conditions of this rental agreement. Further, Renter acknowledges that he understands that having and/or assigning insurance which may cover all or part of any obligation costs incurred hereunder does not in any way relieve the Renter of ultimate personal responsibility for total satisfaction of obligation incurred hereunder. However, in the event that the Lessor so choose, or that the Renter does not act in the prompt and timely manner to this charge debts incurred under this rental agreement. Renter hereby grants and appoints to Lessor a Limited Power of Attorney to present insurance, claims for property and other damage to Renter's insurance carrier if the Lessor's writes to collect any costs or charges from renter which remain unpaid by any such insurance claim.
9. THEFT OF VEHICLE: Renter's liability for theft of vehicle shall full extent of the current and remaining financial obligation of the Lessor on the stolen or lost vehicle, at the time of loss, replacement cost, which ever is greater.
10. Renter is fully liable for the car , including but not limited to the value of the car as described in paragraph nine, and/or of the retail costs of repairs to the vehicle repaired to the Lessor's specification and satisfaction, "downtime/loss of use" whether the car is stolen, damaged by reason of abuse, acts of God, collision, fire, negligence, theft and/or vandalism, regardless of who is "at fault." Renter hereby acknowledges that this liability and responsibility for the car continues until the contract is closed out by the Lessor. Mere physical of the car to Lessor's property, or notifying the Lessor of a drop location, does not terminate the Renter's responsibility for the car. If Renter has not breached this rental agreement, and has accepted and paid for Collision Damage Waiver, Lessor will waive it's claim against the Renter for collision damage to the car subject to the selected deductible. Collision Damage Waiver does not include blowout, flat tire, damage to tires to wheels or rims, broken glass or any interior damage such as cigarette burns (smoking is not allowed in our cars), rips, tears, or stains to upholstery and carpet or other damage, missing items such as floor mats, spare tire, jack, hubcap, etc. act of God or damage avoidable by reasonable diligence by the Renter. Any breach of this rental agreement renders the collision damage waiver null and void. Lessee is responsible for reasonable care in the operation of the vehicle including observation of, and immediate response to dashboard warning lights, and any mechanical breakdown, as well as normal operation and safety precautions. Collision Damage Waiver is not insurance.
11. ENTIRE CONTRACT: Renter agrees by his signature on the face hereof that he is aware of the terms and conditions of this contract. |