Fuel 

I agree to return vehicle with the same amount of fuel I rented the vehicle with. If I fail to do this I agree to be charged $5.00 per gallon refueling fee.


No Smoking 

No Smoking is allowed in this vehicle. If evidence is found I agree to pay a $200.00 detail fee.


Credit Card 

I agree to pay any fee associated with this contract that is outstanding with the credit card provided.


Responsibility 


I understand that I am ultimately responsible for this vehicle while I am renting it regardless of fault.


Insurance 

I warrant that I have insurance that covers the rental vehicle and agree that such insurance is considered primary. I understand I will be liable for any damages occurring as a result of the use of the rental vehicle.


Pet Clause

I understand that no pets will be transported in the vehicle unless pre approved by Journey Rentacar. Pets that are allowed will be charged an additional fee, and must be transported in a confined pet carrier. Excess hair and dirt will be subject to additional cleaning fees as well.


Miles Radius

I agree not to drive this vehicle outside of a 450 mile radius from the Journey Rentacar lot.


NOTICE: Pursuant to Montana Code Annotation §45-6-309 you are hereby given

notice that failure to return the Vehicle within 48 hours after the time stated on top of this page of this Agreement for return of the Vehicle, without notice to us and without our permission, may result in criminal prosecution for the offense of failure to return rented or leased personal property. In instances where value of the Vehicle exceeds $1,500, the penalty may include imprisonment for a period not to exceed 10 years.


TERMS AND CONDITIONS OF RENTAL

The following terms and conditions, together with all other terms and conditions
contained on Page 1 or in addenda or other materials that we provide you at the
time of rental, form the rental agreement (“Agreement”). This Agreement is
between the person signing it or otherwise indicating assent as the Vehicle renter
(“you,” “your” or “yours”) and Journey Rentacar, LLC, a Montana limited liability
company (“we,” “us,” or “our”). We hereby rent to you the motor vehicle (or its
replacement) described in this Agreement together with tires, tools, equipment,
accessories, plates, and vehicle documents (collectively the “Vehicle”), subject to
the terms and conditions of this Agreement.

1.  (a) The Vehicle shall be operated only by an Authorized Driver.
“Authorized Driver” means you, your spouse, and any person listed in
this Agreement as an additional driver. If you rent from us under your
employer’s corporate account agreement your employer or a coworker
incidental to business duties may drive the Vehicle, but only with your

prior permission. Unless otherwise specifically authorized in this
Agreement, all other drivers must be at least 25 years of age.

(b) You represent that you and all other Authorized Drivers are capable
and validly licensed drivers. You agree that we have the right, but not
the obligation, to verify that the license of each Authorized Driver has
been validly issued and is in good standing and that we may refuse to
rent to you if any such license has been suspended, revoked, otherwise
restricted in any way, or if the driving record of any Authorized Driver is
unsatisfactory to us.

2. Beginning of Rental. The rental begins on the date and time noted on
Page 1 of this Agreement. If there is no such notation, the rental begins
when you take possession of the Vehicle’s keys.

3. Return of Vehicle; Extension of Term.

(a) You agree to return the Vehicle to our location at 30 Homestake
Drive, Bozeman, Montana, in the same condition you received it,
ordinary wear and tear excepted, on the due date and at the time
specified in this Agreement. You must return it sooner on our demand. If
you return it earlier or later, a different or higher rate may apply and, if
returned later, you may be charged a late return fee. You may not return
the Vehicle at a time when we are closed. If you do, your responsibility
for damage to or loss of the Vehicle will continue and all charges stated
on the Agreement as a periodic rate will continue to accrue until we
reopen and retake actual possession of the Vehicle.

(b) If you wish to extend the term of any rental you must telephone us at
(406) 551-2277 to request it before your return date. We may or may not
grant an extension or decline to grant it for the entire period you request
in our sole discretion. If we do grant an extension a different or higher
rate may be applied to the extension period, and a service fee may also
apply.

(c) We may repossess the Vehicle anytime it is found illegally parked,
being used to violate the law or this Agreement, or appears to be
abandoned. We may also repossess the Vehicle anytime we discover
you made a misrepresentation to obtain the Vehicle. You agree that we
needn’t notify you in advance. If the Vehicle is repossessed, you agree
to pay the actual and reasonable costs incurred by us to repossess the
Vehicle and agree that such costs will be charged to the card you used
to rent the Vehicle.

4. Rental Charges. You will pay us for all time and mileage charges at the
rates set forth on Page 1 of this Agreement. For those charges based
on mileage, we will determine the miles by reading the Vehicle’s factory-
installed odometer, and you agree not to tamper with the odometer in
any way. Any daily charge period applies to consecutive 24-hour
periods starting at the hour and minute the rental begins. If you fail to
comply with any conditions for special rates specified on this Agreement
our otherwise applicable rates will be charged. You will also pay a
reasonable fee for cleaning the Vehicle’s interior upon return for
excessive stains, dirt or soilage attributable to any Authorized Driver’s
use.

5. Prohibited Uses of Vehicle. Certain uses of the Vehicle and other
things you or a driver may do, or fail to do, will violate this Agreement. A
violation of this section, which includes use of the vehicle by a
person who is not an Authorized Driver, will automatically
terminate your rental, void all liability protection and any optional
services that you have accepted, including the loss damage
waiver. It also makes you liable to us for all penalties, fines,
forfeitures, liens and recovery and storage costs, including all
related legal expenses, fees and costs. It is a violation of this Section
if:

(a)
You use or permit the Vehicle to be used: (i) by anyone other than
an Authorized Driver; (ii) to carry passengers or property for hire: (iii) to
push anything; (iv) to tow any load heavier than the maximum load
recommended by the Vehicle’s manufacturer; (v) in a test, race or
contest; (vi) off road or on unpaved roads without our prior written
permission; (vii) while the driver is under the influence of alcohol or a
controlled substance; (viii) for conduct that could properly be charged as
a felony or misdemeanor, including the transportation of a controlled
substance or contraband; (ix) recklessly or while overloaded; (x) to
transport any animal in the Vehicle unless authorized and additional
charges are paid; or (x) outside of the United States.

(b)
You or an another driver, whether an Authorized Driver or not: (i)
fail to report any damage to or loss of the Vehicle when it occurs, or
when you learn of it, but, barring physical incapacity, in no event
delayed more than 24 hours; (ii) fail to promptly provide us with a written
accident/incident report or fail to cooperate fully with our investigation;
(iii) obtained the Vehicle through fraud or misrepresentation; (iv) leave
the Vehicle and fail to remove the keys or close and lock all doors, close
all windows and the trunk and the Vehicle is stolen or vandalized; or (v)
return the Vehicle after hours and the Vehicle is damaged, stolen or
vandalized.

6. No Warranties. We make no warranties, express, implied or apparent
regarding the Vehicle, including but not limited to warranties of
merchantability or fitness of the Vehicle for a particular purpose.

7. Your Responsibility for Damage to or Loss of Vehicle. If you do not
accept the loss damage waiver, or if the Vehicle is lost or damaged as a
direct or indirect result of a violation of Section 5, you are responsible
and will pay us for all loss of or damage to the Vehicle regardless of
cause, or who, or what caused it. If the Vehicle is damaged, you will pay
our estimated repair cost, or if, in our sole discretion, we determine to
sell the Vehicle in its damaged condition, you will pay the difference
between the Vehicle’s retail fair market value before it was damaged
and the sale proceeds. As part of our loss, you’ll also pay for loss of use
of the Vehicle, plus an administrative fee, plus towing and storage
charges, if any (“Incidental Loss”). On our request, you will provide us
with the name of your insurer and policy number, or if the insurance is
provided by your card issuer, its insurer. You authorize us to process
any or all of our Incidental Loss to the card you use to pay for the rental.
You also authorize us to collect any or all or of our loss from any third
party that is responsible for it. If we collect our loss from a third party
after we have collected our loss from you, we will refund the difference,
if any, between what you paid and what we collected from the third party

8. Repairs. You understand that you are not authorized to repair or have
the Vehicle repaired without our prior written consent. If you repair or
have the Vehicle repaired without our consent, you will pay the
estimated cost to restore the Vehicle to the condition it was in prior to
your rental. If we authorize you to have the Vehicle repaired, we will
reimburse you for those repairs only if you give us the repair receipt.

9. Insurance. We have procured a policy of automobile liability insurance
which provides coverage for damages because of bodily injury or
property damage caused by an accident and resulting from the use of
the Vehicle by an Authorized Driver at the time of the loss (and not
otherwise). The limits of liability available for payment of a loss that our
policy covers is equal to the minimum requirements of any applicable
state financial responsibility law or other similar law or statute. Unless

required by law, the policy does not include no-fault, supplemental no-
fault, uninsured/underinsured motorists coverage or other optional
coverage. Where such coverage is required by law, our policy provides
it at the minimum required limits. Unless otherwise required by law, our
policy does not cover: (a) any obligation for which you or any driver of
the Vehicle or the employer of either or any insurance carrier may be
held liable under any worker’s compensation or disability benefits or
similar law; (b) any obligation you or any driver assumes under any
express or implied contract; (c) any loss occurring while the Vehicle is
being used in violation of the terms and provisions of this Agreement;
(d) medical payment required by persons sustaining injuries wile riding
in or alighting from or getting into or on the Vehicle; (e) damage to any
object towed by the Vehicle. You represent and warrant that you have a
valid and collectible automobile liability insurance policy in effect that at
least meets the financial responsibility laws of the State of Montana and
that provides coverage for damage to the Vehicle and coverage for
injury to others and their property. Except where required by law to be
primary, any protection provided by our automobile liability policy will be
secondary to that of your automobile liability insurance policy and any
applicable insurance available to you or any other driver from any other
source, whether primary, excess, secondary or contingent in any way.
All the provision, limits, and exclusions in our automobile liability policy
apply to you and to any person you permit to drive the Vehicle.

10. Indemnity. You agree to indemnify us, and our managers, members,
employees, contractors, agents, and assigns (collectively “Indemnified
Parties”) for any loss, liability and expense arising out of the use of the
Vehicle that exceeds the limits of liability protection provided in this
Agreement, or which results from any unauthorized use or prohibited
operation of the Vehicle. You waive any claim against us for incidental,
special or consequential damages in connection with the rental.

11. Fuel Service Charges. Most rentals come with a full tank of fuel, but
that is not always the case. If you return the Vehicle with less fuel than
was in it when you received it, we will charge you a fuel service charge
at the applicable per-mile or per-gallon rate specified on Page 1 of this
Agreement. You may avoid a fuel service charge if you return the
Vehicle with the fuel tank as full as when you received it and, if
requested by us, present a receipt for your fuel purchase.

12. Fines and Expenses. You will pay all charges, fines, penalties, court
costs and recovery expenses for parking, traffic, toll and other violations,
including storage liens and charges, plus an administrative fee, with
respect to the use of the Vehicle while on rental to you, unless due
solely to our fault.

13. Payment. You shall pay us on demand each of the following: (a) all
rental charges, in accordance with Section 4 above, (including those
applicable to optional or miscellaneous services and equipment), then in
effect, plus applicable taxes, which apply to the Vehicle you rent for the
period of the rental; (b) basic, minimum rate, service, and other charges
shown on Page 1 of this Agreement; (c) fuel and a refueling charge as
described in Section 11; (d) fines and expenses as described in Section
12, above; (e) charges for damage to the Vehicle in accordance with
Section 7 above; and (f) collection expenses as described in Section 17
below. You and any third party to whom any rental charges are billed,
such as an insurer or employer, are jointly and severally responsible for
payment of all such charges. If you direct us to bill any such charges to
a third party, you represent that you are authorized to do so.

14. Credit Card Billing. To the extent permitted by law, you authorize us to
process one or more credit card vouchers in your name for payments
due us under this Agreement. Your signature on this Agreement will be
deemed to have been made on the applicable credit card voucher.

15. Errors in Charges. You understand that all charges are not final and
are subject to your review and to recalculation. You’ll pay any
undercharges and will receive a refund of any overcharges that we
discover on review.

16. Lost or Damaged Property. We are not responsible for loss or damage
to any personal property in or on the Vehicle, in any service vehicle, on
our premises, or received or handled by us, regardless of who is at fault.
You will be responsible to us for all claims by others for such loss or
damage. You release us and the other Indemnified Parties from all
claims of damage to or loss of your personal property or that of any
other person.

17. Collections. All charges, fees, fines, and expenses, including payment
for loss or damage to the Vehicle, are due at our demand. If you do not
pay all charges within 30 days after the date they are due, you agree to
pay a late charge equal to the lesser of 1.5% per month on the past due
balance or the highest interest rate permitted by law. You will pay any
collection costs, including a service charge for any check that is not
honored by a financial institution and our reasonable attorney’s fees.

18. No Agency. You understand that the rental governed by this Agreement
is solely a bailment for mutual benefit and that you are not our agent,
servant or employee for any purpose.

19. Miscellaneous. You agree and understand that your obligations under
this Agreement are personal and are not assignable or transferable by
you. A waiver by us of any breach of this Agreement is not a waiver of
any 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 is not a waiver of any other provision of this Agreement. If
any provision of this Agreement is held to be void or unenforceable and
is stricken, all of the remaining provisions shall continue to be valid and
binding, and the Agreement shall be reformed to replace the stricken
provision with a valid and enforceable provision which comes as close
as possible to expressing the intention of the stricken provision. This
Agreement shall be governed exclusively by the laws prevailing in the
State of Montana without reference to principles or laws relating to
conflicts or choice of laws. Any action or proceeding arising out of or
related in any way to this Agreement shall be brought solely in a court of
competent jurisdiction sitting in Gallatin County, Montana.