Legal

TOWABLE RENTAL AGREEMENT TERMS AND CONDITIONS

1. Definitions: "Agreement" means all terms and conditions found in this form, and all additional  materials we provide at the time of rental. "You" or "your" means the person identified as the renter on this  form, each person signing this Agreement, each Authorized Driver and each 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 recreational vehicle dealer  names elsewhere in this Agreement "Authorized Driver" means the renter and each driver permit to drive  the towing vehicle with the Vehicle in tow. Every Authorized Driver must have a valid driver’s license and  be at least age 25. "Vehicle" means the non-motorized towed recreational vehicle identified in this  Agreement and each vehicle we substitute for it, all the Vehicle’s equipment, awnings, 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, or opportunity to sell the Vehicle. 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 actual cash value of the Vehicle just prior to damage or loss less  the value of the Vehicle after repair or replacement.  2. Rental, Indemnity and Warranties: This is a contract for 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. 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 all  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.  4. Responsibility for Damage or Loss: Reporting to Police. You are responsible all damage to, or loss or  theft of, the Vehicle, whether or not you are at fault. Your responsibility includes the cost of repair or the  actual retail cash value of the Vehicle if it is not repairable or if we elect not to repair it. You will pay us for  Loss of Use, Diminished Value and a reasonable charge to cover our administrative expenses connected  with a damage claim. You must report all accidents involving the Vehicle to us and the police within 24  hours of occurrence.  5. Prohibited Uses: The following acts or uses of the Vehicle are prohibited: a) towing the Vehicle: (i)  by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any  jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the  Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in  furtherance of an illegal purpose or under circumstance that would constitute a violation of law other  than a minor traffic citation; (v) to carry persons or property for hire; (vi) to carry dangerous or  hazardous items or illegal materiel; (vii) outside the United States; (viii) when loaded beyond its  capacity, as determined by the manufacturer of the Vehicle; (ix) when driven through or under an  underpass or other structure without sufficient overhead or side clearance; (x) when it is reasonable  to expect you to know that further operation would damage the Vehicle; (xi) in a manner that causes  damage to the Vehicle due to inadequately secured cargo; (xii) with your vehicle when your vehicle  has insufficient towing capacity as determined by the manufacturer of your vehicle; or, (b) failing to  summon the police to an accident involving the Vehicle; (c) damaging the Vehicle by your  intentional, wanton, willful or reckless conduct; (d) transporting an animal in the Vehicle; (e) sitting,  standing or lying on the roof of the Vehicle; (f) by placing signs or lettering on the outside of the  Vehicle; (g) placing loudspeakers or other sound equipment on the exterior of the Vehicle; and, (h) if  the Vehicle is equipped with an outside fuel station, using fuel with an octane rating higher than 87.  6. Insurance: Insurance does not cover Loss of Use or our administrative expenses incurred processing a  damage claim. We do not provide liability insurance coverage on the Vehicle. You agree to provide  proof of liability insurance coverage on the Vehicle through the insurance policy that covers your towing  vehicle prior to rental.  7. Charges: You agree to pay us on or before the Vehicle is returned or on demand all charges due us  under this Agreement, including, but not limited to: (a) time for the period during which you keep the  Vehicle; (b) charges for optional services; (c) applicable taxes; (d) all traffic, or parking violations, fines,  penalties, citations, forfeitures, court costs, towing charges and other expenses involving the Vehicle  assessed against us or the Vehicle; if you fail to pay a traffic or parking charge to the charging authority,  you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such  charge; (e) all costs we incur recovering the Vehicle if you fail to return it to the renting location; (f) all  costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise  enforcing our rights under this Agreement; (g) a 5% per month late payment fee on all amounts paid after  the Vehicle is returned; (h) $50 or the maximum amount permitted by law, whichever is greater, if you pay  us with a check returned unpaid for any reason;  8. Deposit: We may use your deposit to pay all monies 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 another person, that we received, handled or stored, or that was left or carried  in or on the 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. 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.