Effective 2017-07-19
RENTAL AGREEMENT TERMS AND CONDITIONS
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 renters direction. All persons referred to as `you` or `your` or `renters` are jointly and severally bound by this Agreement. `We`, `Our`, `Owner`, `Agent` or `Us` means the dealer names elsewhere in this Agreement. `Authorized Driver` means the renter and each driver permited 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 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 rental, including uses other than for rental, such as display for rent, 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 percent 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 Item just prior to damage or loss less the value of the Item after repair or replacement.
Rental, INDEMNITY AND WARRANTEES: This is a contract for rental 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 rental 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. There are no refunds for malfunctioning appliances as Owner or Agent have no control over these once item leaves our possession.
CONDITION AND RETURN OF ITEM: You must return the Item 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. You must empty waste tanks if applicable. 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 rental must have our prior approval.
RESPONSIBILTY FOR DAMAGE OR LOSS: Reporting to Police. You are responsible for all damage to, or loss or theft of, the Item, whether or not you are at fault. Your responsibility includes the cost of repair or the actual retail cash value of the Item 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 50 dollars US per hour. Including recurring charges until balance due us is satisfied.
PROHIBITED 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 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 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 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 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 rental 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: Item is Not Insured. Renter can obtain Binder or assume full responsibility for damages.
CHARGES: 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 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 percent 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 rented 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 rental and security deposit is required for reservation. If Renter 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 .40 percent will be refunded. Balance is due at pick up of item and must be paid with Cash or Card .03 for Visa Master Card. Security deposit is refunded in cash or card authorization cancelled 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.
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.
ITEM PICK-UP: Pick up time is 1PM daily except major holidays and Sunday.
ITEM RETURN: Drop-off time is 11 AM daily except major holidays and Sunday. A fee of 30 dollars US per hour will be charged for each hour the Item is overdue.
ADDITIONAL CHARGES: There is an additional 500 dollars US security deposit to take item to Burning Man.
Rental DAY DEFINITION: A Rental Day is determined on a `per night` basis. The pick-up day is counted as the first rental day, and there is no charge for the last rental day.
PETS: Pets are not allowed without written authorization from Owner or Agent.
TOWING: Towing is not permitted.
WINTERIZATION: 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, both waste tanks and water lines filled with rv anti freeze. 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 renter`s responsibility to have the Item re-winterized on the return trip at hisher own costs if de-winterized for a trip to an area with warmer temperatures. If the renter 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 renter will also be responsible for the cost of burst water pipes, water tanks, hot water system etc.
SMOKING: We strictly enforce a non-smoking policy in Items. A penalty of 250 dollars US will be charged at drop off if we detect cigarette, cigar, pipe etc. odors in the Item.
TOW VEHICLE: In the case of Items that are towed, it is not recommended to tow any Item that weighs more than 60 percent of the tow vehicles 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 towed Item over 2000 pounds. Any attempt to tow Items with an under rated tow vehicle or to tow without a brake controller is done at renters own risk. It is Renters responsibility to determine the tow vehicles towing capacity.
MISCELLANEOUS: 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 and Agent from all liability for consequential, special or punitive damages in connection with this rental 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, managers or agents must be made in a court of arbitration of Owner`s or Agent`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.

Owner and Agent assumes full responsibility for this agreement and both Renter and Owner indemnifies and holds harmless RentMyToyZ.com, ASGweb, LLC from any liability. Any and all claims against RentMyToyZ.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