Additional Terms and Conditions

IN CONSIDERATION of the foregoing and the covenants herein contained, the undersigned Lessor hereby leases to the undersigned lessee, hereinafter called “Renter” (including therein any additional renter signatory hereto), upon the covenants, terms and conditions set forth on these pages, the motor vehicle described in this agreement.

1.       No Agency or Warranties: Lessor and Renter agree that for the term of this lease, Renter is not and does not hereby become an agent, servant, or employee of Lessor in any manner whatsoever. LESSOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE RENTAL VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE RENTAL VEHICLE IS FIT FOR A PARTICULAR PURPOSE.

2.       No Moving Violation: Renter covenants and agrees that the rental vehicle will not be operated in violation of any law governing the use or return thereof, or in violation of any of the other terms and conditions set out in this agreement.

3.       Mileage Restriction: Renter agrees that Renter will not operate the rental vehicle outside this state and such other states as may be agreed in writing prior to rental or beyond the mileage limitation as shown on the face of the rental form without the written consent of Lessor.

4.       Only Authorized Drivers: The rental vehicle may be operated only by Renter, additional drivers authorized by this Agreement, or authorized by the law of the state where the rental transaction occurred. All drivers must have a valid driver’s license and be at least 25 years of age, unless specifically authorized in writing by Lessor.

5.       Renter’s Insurance is Primary; Lessor’s Insurance is Secondary. Renter represents and warrants that Renter currently carries automobile liability insurance that covers the rental vehicle in at least the minimum amounts required by law, and agrees that such insurance shall be considered primary insurance and Renter shall be liable for any damages occurring as a result of any use of the rented vehicle. Any insurance of Lessor shall be considered secondary. Renter’s automobile liability insurance, including liability for bodily injury and property damage, no-fault, uninsured motorist, collision and comprehensive, will be used to pay for any damages due third parties, as well as to cover damage to or loss of the rental vehicle incurred during the rental period. Lessor may provide limited liability insurance through a basic automobile liability policy. Any such insurance coverage is in EXCESS to Renter's insurance unless the law of the state in which the rental transaction occurs requires Lessor’s policy to be primary. Lessor’s policy provides only the minimum limits prescribed by the financial responsibility laws of this state, and where this state allows lessors not to carry uninsured motorist coverage or no-fault, or other coverages, Lessor has so elected. Lessor’s policy does not cover liability imposed by any worker’s compensation or similar statute and is void in Mexico. Renter will indemnify Lessor for all losses in excess of available insurance that Lessor is obligated to pay to any other person because of the negligence of Renter or Renter’s affiliates.

          Renter specifically assigns to Lessor all rights under Renter’s insurance policy(ies), including, without limitation, personal injury, property damage, comprehensive and collision coverages. Lessor is hereby authorized to negotiate any settlement for and on behalf of Renter to the extent of Lessor’s liability to any third party as a result of the use of the vehicle by Renter (all claims filed to Renter’s insurance company).

6.       Unimproved Road Use:  Renter is NOT authorized to use the rental vehicle on roads that are not maintained by the state or county, or other unimproved roads.

7.       Towing:  Renter is NOT authorized to use the rental vehicle for towing trailers or other vehicles.

8.       Vehicle Damage:  If utilizing insurance coverage offered by a credit card company, please note that such coverage represents an agreement between Renter and the credit card company. If the credit card company, for whatever reason, refuses to indemnify Renter against or cover any claim, Renter will be held personally liable for losses including loss of use. Please note that replacement of punctured tires and windshield cracks or chips will be at Renter’s cost.

9.       Cleaning: Normal cleaning of the vehicle after rental is included; however, an extra charge will be levied if the vehicle is returned excessively dirty.

10.     Non-Smoking Policy: All rental vehicles are designated as “Non-Smoking.”  If it is determined smoking has occurred in the rental vehicle, an additional fee of at least $50.00 will be assessed for deodorizing and sanitizing the vehicle’s interior.

11.     Pets: Renters with pets will be assessed an additional fee of at least $50.00 for deodorizing and sanitizing the vehicle’s interior.

12.     Breaches to this Agreement: If Renter commits any one of the following acts (the listing of which is not intended to be exhaustive or exclusive), Renter will have breached this Agreement and will be held liable for damages for such breach and, where allowed by law, any damage insurance purchased will be void:

A.    Transportation of persons or property for hire, express or implied.

B.    Participation in a race, speed test or contest.

C.    Using the rental vehicle for an illegal purpose or under any circumstance that would constitute a violation of law.

D.    Violation of any terms or conditions of this rental agreement.

E.    Operation of the vehicle in a reckless, willful, or wanton manner.

F.    Pushing or towing any trailer or vehicle used as a trailer.

G.    Intentionally causing damage to the rental vehicle.

H.    Allowing anyone under 25 to drive the rental vehicle.

I.     Using the rental vehicle to teach anyone to drive.

J.    Operation of the rental vehicle by an unauthorized driver.

K.    Operation of the rental vehicle under the influence of drugs or intoxicants.

L.    Operation of the rental vehicle by an unlicensed driver.

M.    Using the rental vehicle to transport hazardous or illegal materials.

N.    Tampering with the odometer or speedometer.

O.    Taking the vehicle outside the geographic area authorized in this agreement.

P.    Transporting more passengers than the number of seat belts in, or transporting passengers outside, the passenger compartment of the rental vehicle.

Q.    Neglecting to periodically inspect the rental vehicle or operation of the vehicle when it is reasonable to expect the operator to know that further operation would damage the vehicle (e.g., warning light on, flat tire, steam rising from the engine, etc.).

R.    Loading the vehicle beyond its rated capacity.

S.    Transporting children without approved child safety seats where required by law.

T.    Damaging a manual transmission due to improper shifting or due to lack of experience with manual transmissions.

U.    Obtaining a vehicle from Lessor by means of false, fraudulent, or misleading information.

V.    Improperly driving a vehicle into or over an object.

W.   Operating the vehicle on roads that are not maintained by the state or county, or other unimproved roads.

X.    Operating the vehicle when Renter is not sufficiently alert or capable of safely driving the vehicle.

13.     Police, Claims, and Renter Responsibility: Renter must report all incidents of theft or vandalism to the police as soon as Renter discovers them. Renter will call the police to the scene of any accident involving the vehicle. Renter will report to Lessor all accidents and other kinds of damage within 24 hours after they occur or promptly after renter discovers them. Failure to cooperate with any investigation of loss or accident or defense of a suit or settlement of loss or accident associated with this rental transaction will be considered a breach of this Agreement and Lessor’s insurance policy may not cover you.

14.     Ownership, Condition and Repossession: Renter is authorized to use the vehicle only for the time period as specified in the Agreement. Without prior written consent, which consent may be withheld in Lessor’s sole discretion, Renter may not keep the vehicle any longer. Renter acquires no other interest or rights in the vehicle, and Renter may not sublease it to anyone else. Lessor has the right to repossess the vehicle at Renter’s expense, without notice to Renter, if it is abandoned, stolen, lost, illegally parked, kept beyond the due-in-date without Lessor’s approval, rented to Renter based on false or fraudulent information given to Lessor at time of rental, or not returned within 24 hours after Lessor’s demand to return, or if Renter otherwise breaches this agreement.

15.     Return of Vehicle; Late Fees: Renter will return the rental vehicle to Lessor during regular business hours, at the location and on the date specified in this Agreement, and in the same condition as renter received it, ordinary wear and tear excepted. If Renter does not return the vehicle to the location specified in this Agreement, Renter will pay Lessor, where allowed by law, a minimum drop-off charge of $50, plus $5 per mile for each mile between the actual drop-off site and the location specified in this Agreement, plus any additional recovery expenses incurred by Lessor. Rental charges are computed based on a rental day consisting of 24 consecutive hours commencing at the time of rental. At the designated time of return, a 59 minute grace period beyond the agreed-upon rental period is allowed before the vehicle is deemed to be late. If the vehicle is returned after the grace period, an immediate additional charge of $25.00, plus an additional $25.00 for each full hour thereafter will be charged until the rental charge for the currently posted single day rental rate for the vehicle has been reached, plus a 10% late fee based on that rate. For each additional rental day or part of a rental day after the first late rental day, the currently posted single day rental rate for the vehicle will be charged, plus a 10% late fee based on that rate for each late rental day or part thereof. If Renter fails to return the rental vehicle for any reason, regardless of fault, Renter must pay Lessor its retail fair market value determined as of the time of its rental, and reimburse Lessor for loss of use of the rental vehicle, as well as Lessor’s administrative expenses incurred in locating and returning it to the renting location. If the rental vehicle is returned with damage, Renter must pay Lessor the repair costs, loss of use of the vehicle while it is being repaired, Lessor’s administrative costs, and Lessor’s recovery costs and expenses. If the law of the state where the rental transaction occurs limits Lessor’s recovery for failure to return the rental vehicle or damage to the rental vehicle, Renter will pay Lessor for all damages or loss up to the amount permitted by law. Renter releases Lessor from all liability for any warrants, criminal reports or prosecutions or self-help Lessor may take against Renter in connection with the rental, operation, and return of the vehicle.

16.     Refueling Options:  Renter must refill the fuel tank of the vehicle within a 10 mile radius of the rental return location specified in this Agreement to the same level as at the start of the rental period and present a fuel receipt to avoid a refueling charge, unless renter chooses the Prepaid Fuel Option. If Renter accepts the Prepaid Fuel Option, Renter will be charged a flat fee for the full tank of fuel in the vehicle at the beginning of the rental period and Renter will have no obligation to return the vehicle with the same level of gasoline as when it was rented. The prepaid fuel charge is calculated by multiplying Lessor’s current prepaid fuel rate by the manufacturer’s specified fuel tank capacity for the vehicle. There is no credit or refund given for any fuel in the tank at the end of the rental. The Convenience Fuel Charge is based on the estimated number of gallons needed to refill the fuel tank multiplied by Lessor’s current convenience fuel rate. Renter acknowledges and agrees that this charge is based in part on an estimate.

17.     Collision Damage Insurance (CDI):  Renter has the option of purchasing Collision Damage Insurance from Travel Guard through Lessor. If Renter purchases the CDI at the time of rental, Renter must pay for it at or before start of the rental period for it to be effective. CDI is a separate contract for insurance between Renter and Travel Guard with a $250 deductible, for which Renter is responsible. Coverage and policy terms are as detailed in the insurance summary supplied by Travel Guard.

18.     What Renter owes Lessor: Renter will pay Lessor, on demand, all rental charges due Lessor under this Agreement that are allowed by law, including, but not limited to: (a) all time and mileage charges for the rental period; (b) charges for additional drivers; (c) drop-off fees if Renter returns the vehicle to a location different from where it was picked up; (d) charges for damage insurance, when offered and purchased; (e) charges for gasoline (at the posted rates) used if Renter returns the vehicle with less gasoline that when it was rented; (f) applicable sales, use and other taxes; (g) the cost of the loss of, or damage to, the vehicle, which is the cost of repair or actual cash value of the vehicle if it is not repairable, plus loss of use value, and administrative costs; (h) Lessor’s cost of recovering vehicle if Renter fails to return it; and (i) fines, penalties, forfeitures, court costs, parking tickets, towing charges, storage fees, or any other expense assessed Lessor as a result of Renter’s actions or inaction.

19.     Repairs, Service and Fluid Levels: Renter is responsible for observing the condition of the vehicle. All repairs or service must have Lessor’s prior consent. Renter is responsible for checking and maintaining proper fluid levels. Renter agrees that operating a vehicle with low fluid levels may cause damage to the vehicle. Failure to maintain fluid levels constitutes intentional damage to the vehicle for which Renter is responsible.

20.     Attorneys Fees and Release from Special Damages and Personal Property Claims: Where permitted by law, Renter will reimburse Lessor for all attorneys fees Lessor incurs (a) in any action Lessor brings against Renter to enforce Lessor’s rights under this Agreement; (b) in any action Lessor brings to collect a judgment against Renter; (c) in any appeal(s) from (a) or (b) above, regardless of the identity of the party making the appeal. Renter releases Lessor from all liability for consequential, special, or punitive damages in connection with this rental or reservation of a vehicle. Renter releases Lessor, its agents and employees, from all claims for loss of, or damages to, any personal property that Lessor received, stored, handled, or what was left or carried in or on the vehicle, or in any of Lessor’s service vehicles or offices, whether or not Lessor is negligent or otherwise responsible for loss or damage.

21.     Indemnification: Renter agrees to defend, indemnify and hold harmless Lessor from and against all losses, liabilities, damages, claims, demands, costs and expenses, including reasonable attorneys fees, arising out of or in connection with Renter’s possession, use or operation of the vehicle, that are not covered by insurance or are in excess of limits of liability provided.

22.     Enforceability: If any provision of this agreement is determined to be unenforceable, it shall be severed from this agreement and the remaining provisions shall be valid and enforceable.

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Emblem Rentals, 9357 HWY 191, Pinedale, Wyoming, 82941, United States, Phone: 307-367-2290, Email: