Effective 2018-05-19

Rental Agreement Terms and Conditions for Item 364

This Rental Agreement is made by and between:

1.Definitions.

Agreement means all terms and conditions found in this form, any addenda and any additional materials Renters or Authorized Drivers sign or we provide at the time of rental.

Renter or Renters means each person identified on the front of this Agreement as a Renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the Renters direction. All persons referred to as Renters are jointly and severally liable and bound by this Agreement.

Authorized Driver means the Renters and any additional driver listed on this Agreement, provided that each such person has a valid drivers license and is at least age 25. Only Authorized Drivers are permitted to drive the Equipment. All persons referred to as an Authorized Driver are jointly and severally liable and bound by this Agreement in regard to use of the Equipment. Each Authorized Driver expressly warrants and guarantees that by operating any of the Equipment, the Authorized Driver is competent, capable, licensed, and qualified to operate such Equipment.

Equipment means the Vehicle and Trailer listed on the front of this Agreement, hereto, including any automobile or truck, hookups or ancillary parts identified in this Agreement and any Equipment we substitute for it, and all its tires, tools, accessories, equipment, keys and ancillary equipment documents.

Physical Damage means damage to, or loss of, the Equipment caused by collision or upset it does not include comprehensive damage, such as damage to, or loss of, the Equipment due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other comprehensive loss not caused by collision.

Loss of use means the loss of our ability to use the Equipment for any reason due to damage to it, or loss of it, during this rental loss of use is calculated by multiplying the number of days from the date the Equipment is damaged or lost until it is replaced or repaired, times the daily rental rate.

2.Rental, Indemnity and Warranties. This is a contract including for rental of the Equipment. We may repossess the Equipment at Renters expense without notice to Renters, if the Equipment is abandoned or used in violation of law or this Agreement.

Renters agree to indemnify us, defend us, and hold us harmless and immune from all claims for injury or damages, liability, costs and attorney fees we incur resulting from, or arising out of, this Agreement and Renters or Authorized Drivers use in whole or in part, of the Equipment We makes no warranties, express, implied or apparent, regarding the Equipment, no warranty of merchantability and no warranty that the Equipment is fit for a particular purpose.

Renters and Authorized Drivers shall protect all passengers and the public from injury and shall protect the Equipment from damage. The Renters and Authorized Drivers shall be responsible for any injury to passengers or to the public and for any damage to property in and about the Equipment, except and only if we are wholly and entirely negligent without any contribution of negligence by Renters, Authorized Drivers, or third parties.

3.Condition and Return of Equipment. Renters must return the Equipment to our rental office or other location we specify, on the date and time specified in this Agreement hereto, and in the same condition that Renters received it, except for ordinary wear. If the Equipment is returned after closing hours, Renters remain responsible for the safety of, and any damage to, the Equipment until we inspect it upon our next opening for business. Service to the Equipment or replacement of parts or accessories during the rental must have our prior approval. Renters must check and maintain all fluid levels.

4.Responsibility for Damage or Loss Reporting to Police. Renters are responsible for all damage to, or loss or theft of, the Equipment, which includes the cost of repair, or the actual cash retail value of the Equipment on the date of the loss if the Equipment is not repairable or if we elect not to repair the Equipment, plus loss of use, diminished value of the Equipment caused by damage to it or repair of it, and our administrative expenses incurred processing the claim, whether or not Renters are at fault. Renters must report all accidents or incidents of theft and vandalism to us and the police as soon as Renters discover them.

5.Prohibited Uses. The following uses of the Equipment are prohibited and are breaches of this Agreement. The Renters and Authorized Drivers shall not use or permit the use of the Equipment:

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 Equipment 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 Equipment

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 other than the vehicle towing the trailer listed as Equipment, to teach anyone to drive, or to carry objects on the roof of the Equipment

g in any race, speed test or contest

h to carry dangerous or hazardous items or illegal materiel

i for travel outside of the United States or Canada, specifically excluding travel into Mexico

j when loaded beyond its capacity as determined by the manufacturer of the Equipment

k on unpaved surfaces, except at designated campgrounds

I to transport more persons than the Equipment has seat belts, or to carry persons outside the passenger compartment

m to transport children without approved child safety seats as required by local law

n when the odometer has been tampered with or disconnected

o when the Equipments fluid levels are low, or it is otherwise reasonable to expect Renters to know that further operation would damage the Equipment

p in a manner that causes damage to the Equipment due to inadequately secured cargo

q after an accident with the Equipment unless and until Renters summon the police to the accident scene and

r for anyone sitting, standing or lying on the roof of the Equipment.

6.Insurance. Renters and Authorized Drivers are responsible for all damage or loss Renters or Authorized Drivers cause to others. Renters and Authorized Drivers agree to provide auto liability, collision, under-insured and uninsured policies, and comprehensive insurance covering Renters, Authorized Drivers, and us as a third-party beneficiary, passengers, and the Equipment in the minimum amount required by state law. Our own insurance policies shall be secondary unless otherwise prohibited by law.

Where the travelled-regions law requires the Equipment owner to provide auto liability insurance, we shall provide auto liability insurance the Policy that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy shall provide bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the legal locality travelled whose laws apply to the loss. Renters, Authorized Drivers, and we reject Personal Injury Protection, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.

Coverage is void if Renters or Authorized Drivers violate the terms of this Agreement or if Renters or Authorized Drivers fail to cooperate in any loss investigation conducted by us, or our insurer. The Policy does not cover losses caused by drivers of the Equipment who are not Authorized Drivers.

7.Charges. In addition to the basic trip cost stated on Exhibit B hereto, Renters will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including:

a time and mileage for the period Renters keep the Equipment, or a mileage charge based on our experience if the odometer is tampered with

b charges for additional drivers

c optional products and services Renters purchased

d fuel throughout the trip, or if Renters return the Equipment with less fuel than when rented

e applicable taxes

f all parking, traffic and toll violations, citations, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Equipment assessed against us or the Equipment

g all costs, including pre- and post-judgment attorney fees, we incur collecting payment from Renters or otherwise enforcing or defending our rights under this Agreement

h a 2 per month late payment fee, or the maximum amount allowed by law, on all amounts paid after payment is due

i 50 DOLLARS US, plus 5 DOLLARS USmile for every mile between the renting location and the place where the Equipment is returned, repossessed or abandoned, plus any additional recovery expenses we incur

j 50 DOLLARS US or the maximum amount permitted by law, whichever is greater, if Renters pay us with a check returned unpaid for any reason and

k a reasonable fee to clean the Equipment if returned substantially or materially less clean than when rented.

8.Deposit We may use Renters deposit to pay all charges owed to us under this Agreement.

9. Renters Property. Renters and Authorized Drivers release us, our agents, officers, employees, subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us from all claims for loss of, or damage to, Renters personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Equipment or in any service vehicle or in our offices, unless the loss or damage was caused by our sole negligence or was otherwise our responsibility expressly-agreed in writing.

10.Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Equipment and breaches of this Agreement. Renters and Authorized Drivers waive all recourse against us, our agents, officers, employees, subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us for any criminal reports or prosecutions that we take against Renters and Authorized Drivers that arise out of Renters or Authorized Drivers breach of this Agreement.

11.Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If Renters wish to extend the rental period, Renters must return the Equipment to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between Renters, Authorized Drivers and us. All prior representations and agreements between Renters, Authorized Drivers and us regarding this Agreement are void.

12.Waiver, Damages, Assignment. An express waiver in writing by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of Renters or Authorized Drivers obligations under this Agreement. Our acceptance of payment from Renters 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, Renters and Authorized Drivers release us, our agents, officers, employees, subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of Equipment. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

Neither Renters nor Authorized Drivers may assign or transfer this Agreement, nor any rights, duties, nor obligations hereunder.

13.Trip Termination. The Trip shall terminate at the earlier of the end of the Trip described in the Agreement, or at any time prior to the completion of the Trip by us in its sole discretion with or without cause by giving cancellation notice orally or in writing to any Renter. The restrictions and obligations of all other paragraphs, particularly those relating to liabilities of this Agreement shall survive any expiration, termination or cancellation of the Trip and shall continue to bind the parties hereto and their respective successors, heirs and assigns.

14.Headings. The headings in this Service Agreement have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Service Agreement.

15.Severability. The provisions of this Agreement are severable and independent, and if any such provision shall be determined to be unenforceable in whole or in part, the remaining provisions and any partially enforceable provision shall, to the extent enforceable in any jurisdiction, nevertheless be binding and enforceable.

16.Jurisdiction, Venue. This Agreement and the rights of the parties hereunder shall be governed, construed, and interpreted in accordance with the laws of the State of California. Any action or proceeding concerning this Agreement shall be brought in a court of competent jurisdiction in Monterey Bay, California. The Renters and Authorized Drivers irrevocably consents to such jurisdiction.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below:



____rs___ Renter acknowledges they watched the instructional video How to Use.


___rs____ Renter acknowledges that there are no refunds or allowances given for malfunctioning appliances.


____rs___ Renter acknowledges that I am responsible for any damage that item sustains.


____rs___ Renter acknowledges that if renter hits a road hazard that results in a un repairable tire that renter is liable for entire cost of tire plus expenses.


___rs____ Renter has inspected item and found it to be safe and acceptable for renters use.

Owner and Agent assumes full responsibility for this agreement and both Renter and Owner indemnifies and holds harmless LuckyRV.com, ASGweb, LLC from any liability. Any and all claims against LuckyRV.com, ASGweb, LLC it's owners, employees or managers must be made in a court of arbitration of ASGweb, LLC's choosing in the State of Utah, USA