|TERMS/AGREEMENT Click to View
LEASE AGREEMENT TERMS AND CONDITIONS
'Agreement' means all terms and conditions found in this form, and all
additional materials we provide at the time of lease. 'You' or 'your'
means the person identified as the leasee 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 direction.
All persons referred to as 'you' or 'your' or 'leasee(s)' are jointly
and severally bound by this Agreement. 'We', 'our', 'owner' or 'us'
means the recreational Item dealer names elsewhere in this Agreement
'Authorized Driver' means the leasee and each driver permit to drive the
towing Item with the Item in tow. Every Authorized Driver must have a
valid driver's license and be at least age 25. 'Item' or 'Item' means
the recreational Item identified in this Agreement and each Item we
substitute for it, all the Item's equipment, awnings, keys and Item
documents.'Loss of Use' means the loss of our ability to use the Item
for any purpose due to damage to it or loss of it during this lease,
including uses other than for lease, such as display for lease, display
for sale, opportunity to upgrade, or opportunity to sell the Item.
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 Item is damaged until
it is replaced or repaired, times 80% of the daily lease 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 Item
just prior to damage or loss less the value of the Item after repair or
Lease, Indemnity and Warranties. This is a contract for
lease of the Item. We may repossess the Item at your expense without
notice to you, if the Item 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 lease and your use of the Item.
We make no warranties, express, implied or apparent, regarding the Item,
no warranty of merchantability and no warranty that the Item is fit for
a particular purpose.
Condition and Return of Item. You must return
the Item to our lease 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. You must empty waste tanks. If
the Item 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 Item or replacement of parts or accessories during the
lease must have our prior approval.
Responsibility for Damage or
Loss; Reporting to Police. You are responsible for all damage to, or
loss or theft of, theItem, whether or not you are at fault. Your
responsibility includes the cost of repair or the actual retail cash
value of theItem 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 Item to us and the
police within 24 hours of occurrence. Your security deposit and, or
credit card may be used to cover cost of repairs charged at 50dollars US
per hour. Including recurring charges until balance due us satisfied.
Uses. The following acts or uses of the Item are prohibited: a) towing
the Item: (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 Item or extended the lease 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 Item; (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 Item; (xi) in a manner that causes
damage to the Item due to inadequately secured cargo; (xii) with your
Item when your Item has insufficient towing capacity as determined by
the manufacturer of your Item; or, (b) failing to summon the police to
an accident involving the Item; (c) damaging the Item by your
intentional, wanton, willful or reckless conduct; (d) transporting an
animal in the Item; (e) sitting, standing or lying on the roof of the
Item; (f) by placing signs or lettering on the outside of the Item; (g)
placing loudspeakers or other sound equipment on the exterior of the
Item; (h) if the Item is equipped with an outside fuel station, using
fuel with an octane rating higher than 87; and, (i) Driving to or
through Mexico, logging roads, non-public roads and off-road driving.
All lease Items traveling to Alaska, the Northwest Territories or the
Yukon are permitted and must be confirmed in advance. A 450.00 dollars
US prepaid non-refundable supplement is required.
Insurance. Renter is required to obtain insurance binder from renters insurance company and provide proof on pickup.
You agree to pay us on or before the Item 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 Item; (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 Item assessed against us
or the Item; 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 dollars US for each such
charge; (e) all costs we incur recovering the Item if you fail to return
it to the leasing 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 Item is returned; (h) 50
dollars US or the maximum amount permitted by law, whichever is
greater, if you pay us with a check returned unpaid for any reason; (i) a
reasonable fee not to exceed 450 dollars US to clean the Item, if
returned substantially less clean than when leased; (j) a dumping fee of
100 dollars US if the Item's waste tanks have not been drained (valves
open, caps off) prior to return of the Item. We will not refund any of
the time or mileage charges if you return the Item earlier than the date
or time due in.
Reservation Deposit. 25 percent of lease and
security deposit is required for reservation. If Leasee cancels
reservation 30 days or more before Pick Up date, 85 percent will be
refunded, 20 days or more 65 percent will be refunded and 10 days or
more 45 percent will be refunded. Balance is due at pick up of item and
must be paid with Cash Only. Security deposit is refunded in cash upon
return inspection. Additional deposits may be required for special
events and for traveling with pets. ITEM WILL ONLY BE RELEASED TO THE
PERSON NAMED ON THE CREDIT CARD USED FOR THE DEPOSIT AND MUST BE
VERIFIED WITH A VALID DRIVERS LICENSE. We may use your deposit to pay
all monies owed to us under this Agreement.
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
Item or in our offices, whether or not the loss or damage was caused by
our negligence or was otherwise our responsibility.
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 lease are merged into this Agreement.
Item Pick-up. Pick up time is 1-3 daily except major holidays and Sunday.
return. Drop-off time is 1-3 daily except major holidays and Sunday. A
fee of 30 dollars US per hour will be charged for each hour the Item is
Additional Charges. There will be an extra 20 dollars US /
night charge for any reservation period which has a day that includes
Easter, Memorial Day, July 4th, July 24th, Labor Day, Burning Man,
Thanksgiving or Christmas/New Years (5 days before or after these days)
This charge will be added after you reserve. There is an additional 1500
dollars US security deposit to take item to Burning Man.13. Lease Day
Definition. A Lease Day is determined on a 'per night' basis. The
pick-up day is counted as the first lease day, and there is no charge
for the last lease day.
Pets. Small pets are not allowed without written authorization from owner.
Towing. Towing is not permitted.
Winterization in Denver, Chicago, Boston, New York, Dallas, Atlanta,
Seattle, Vancouver, Salt Lake City, Buffalo, Nashville and Charlotte (or
at all locations where temperatures drop to freezing point) Each Item
has to be winterized from November to April (period may vary depending
on the weather and temperatures) to prevent freezing. This will include
the water pipes, toilet, fresh water tanks, sink, shower, external
shower, hot water heater and holding tanks. Winterization requires that
water be drained from the fresh water tank, hot water heater and both
waste tanks. Once the Item is winterized, no water can be put into the
fresh water tank and it cannot be hooked up to the city water supply
anymore. Therefore, no water at all is available in the Item. The
toilet, however, can still be used as long as windshield washer
antifreeze is poured down to rinse. It is the responsibility to have
the Item re-winterized on the return trip at his/her own costs (if
de-winterized for a trip to an area with warmer temperatures). If the
leasee fails to do so, he /she will be charged a fee, regardless of the
outside temperatures! In addition, the security deposit refund will be
delayed until we can get the Item into the shop, thaw it out and
pressurize the system. The leasee will also be responsible for the cost
of burst water pipes, water tanks, hot water system etc.
strictly enforce a non-smoking policy in Items. A penalty of USD 250
dollars US will be charged at drop off if we detect cigarette, cigar,
pipe etc. odors in the Item.
Towed Item. In the case of Item(s) that
are towed, it is not recommended to tow any item that weighs more than
60 percent of the tow Items rated towing capacity as stated by the
manufacturer and that a brake controller be used at all times. Utah
state law requires a brake controller for any Item over 2000 pounds. Any
attempt to tow Item(s) with an under rated tow vehicle or to tow
without a brake controller is done at leasees own risk. It is Leasees
responsibility to determine the tow Items towing capacity.
A waiver by us of a breach of this Agreement is not a waiver of an
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.
You release Owner from all liability for consequential, special or
punitive damages in connection with this lease or the reservation of
Item. You will indemnify, defend, and hold us harmless from and against
all claims arising out of unsafe use or fueling practices committed by
you. Any and all claims against Owner, it's employees or managers must
be made in a court of arbitration of Owner's choosing in the State of
Utah, USA. If a provision of this Agreement is deemed void or
unenforceable, the remaining provisions are valid and enforceable.
By signing below you are stating that you have read, agree and
understand these terms, that you have been thoroughly instructed on the
use and operation of this Item including a road/driving test if
applicable and that you have inspected the item and have found it to be
Owner: asg todd anderson 1362e 3345s Salt Lake City Utah Map 8014873675 firstname.lastname@example.org Username: rvdealertest
Renter Vehicle Plate No./State:
Additional Drivers (Name, Address, City, State, Zip, Phone, Lic#, State, DOB):