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Automobile Rental Agreement
(Comprehensive -- Long Form)
THIS AGREEMENT is made and entered on [Date], between [Name], of [Address], hereinafter referred to as "Owner", and [Name], of [Address], hereinafter referred to as "Renter", agree as follows:
The vehicle which the Owner hereby agrees to rent is:
Mileage at beginning of rental [Period].
The Owner represents that to the best of his knowledge and belief that said vehicle is in sound and safe condition and free of any known faults or defects which would affect its safe operation under normal use.
The Owner agrees to rent the above-described vehicle to the Renter for a period of [Date] beginning at 00.00 A.M./P.M. on [Date] and ending at 00.00 A.M./P.M. on [Date].
The Renter agrees
(a) that the rented vehicle shall not be used to carry passengers or property for hire;
(b) that the rented vehicle shall not be used to carry passengers other than in the interior or cab of the vehicle;
(c) that the rented vehicle shall not be used to carry passengers in excess of the capacity thereof;
(d) not to use the vehicle to push, propel or two another vehicle, trailer or any other thing without the written permission of the owner;
(e) not to use the vehicle for any race or competition;
(f) not to use the vehicle for any illegal purpose;
(g) not to operate the vehicle in a negligent manner;
(h) not to permit the vehicle to be operated by any other person without the written permission of the owner; and
(i) not to carry passengers, property or materials in excess of the rated weight carrying capacity of the vehicle.
Insurance. The Renter hereby agrees that he shall fully indemnify the Owner for any and all loss of or damage to the vehicle or equipment during the term of this Agreement whether caused by collision, fire, flood, vandalism, theft or any other cause, except that which shall be determined to be caused by a fault or defect of the vehicle or equipment.
Rental Rate. The Renter hereby agrees to pay the Owner at the rate of [$------] per [------] for the use of said vehicle. All fuel used shall be paid for by the Renter.
Deposit. The Renter further agrees to make a deposit of [$------] with the Owner, said deposit to be used, in the event of loss of or damage to the vehicle or equipment during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement. In the absence of damage or loss, said deposit shall be credited toward payment of the rental fee and any excess shall be returned to the Renter.
TRAFFIC VIOLATIONS Deposit [$------].
Gas in car when rented: [ ] 1/4 [ ] 1/2 [ ] 3/4 [ ] Full
By his initial, Renter accepts ______ declines ______ Balance Due [$------].
personal accident insurance at [$------] per day. Acceptance is proof of coverage Refund Yes [ ] No [ ] under policy issued as outlined in separate synopsis.
Payment by Credit Card
Card type [ ] Amex [ ] Discovery [ ] Visa [ ] MasterCard [ ] Other.
Accepted [ ] Declined [ ].
This contract covered with Collision Damage Waiver for which I agree to pay an additional charge of [$------] per day. In event any of the terms of this rental contract are violated, this clause shall be null and void, and the Lessee shall be liable to the Company for all damages to the vehicle.
Waiver or Limitation. The failure of either party to enforce any provision of this Automobile Rental Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Automobile Rental Agreement.
No Representations. Neither party has made any representations nor promises, other than those contained in this Automobile Rental Agreement or in some further writing signed by the party making the representation or promise.
Interpretation. This Automobile Rental Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Automobile Rental Agreement. The headings, captions, and titles in this legal Automobile Rental Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Automobile Rental Agreement or any provision herein. Unless the context requires otherwise,
(a) the gender (or lack of gender) of all words used in this Automobile Rental Agreement includes the masculine, feminine, and neuter, and
(b) the word including means including without limitation.
Each individual party to this Automobile Rental Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Automobile Rental Agreement with legal counsel, and has executed this Automobile Rental Agreement based upon such party's own judgment and advice of independent legal counsel.
Invalid Provisions. If any provision of this Automobile Rental Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Automobile Rental Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Automobile Rental Agreement, and the remaining provisions of this Automobile Rental Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Automobile Rental Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Automobile Rental Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Notices. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
Further Assurances. In connection with this Automobile Rental Agreement and the transactions contemplated hereby, each party to this Automobile Rental Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Automobile Rental Agreement and the transactions contemplated hereby.
All costs incurred in enforcing this Automobile Rental Agreement and in collection of sums due, to include, without limitation, reasonable attorney fees through all trials, appeals, and proceedings, to include, without limitation, any proceedings pursuant to the laws of the United States and any arbitration proceedings, shall be paid by [Name].
I do not want Collision Damage Waiver and accept full responsibility for all damage to rented car up to [$------]. In the event any of the terms of this rental contract are violated, this clause shall be null and void, and the Lessee shall be liable to the Company for all damages to the vehicle.
Return of Vehicle to Owner. The Renter hereby agrees to return said vehicle to the Owner at [Address] no later than [Date].
IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement on the date first above written.
*** If Required By State Law ***
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]