- Definitions. “Agreement” means all terms and conditions found on this form, any addenda and any additional materials you sign or we provide at the time of rental. “You” or “Your” means the person identified as the customer elsewhere in the Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “Company,” “we,” “our” or “us” means Taylor’d Overland Vehicles & Adventures, LLC. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least age 25. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys, and vehicle documents. “Equipment” means the all items attached or related to the Vehicle or other rented in connection with the Vehicle, including but not limited to roof racks, tents, awnings, ladders, water containers, coolers, drawers, camping gear, cookware, dinnerware, lighting, and any other item(s) provided to you by the Company. “Physical Damage” means damage to, or loss of, the Vehicle and/or Equipment caused by collision or impact; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle and/or Equipment due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other comprehensive loss not caused by collision or impact. “Loss of Use” means the loss of our ability to use the Vehicle 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 Vehicle is damaged or lost until it is replaced or repaired, times the daily rental rate.
- Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle and/or Equipment. We may repossess the Vehicle and/or Equipment at your expense without notice to you, if the Vehicle and/or Equipment 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 Vehicle and/or Equipment. We make no warranties, express, implied or apparent, regarding the Vehicle and/or Equipment, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
- Condition and Return of Vehicle. You must return the Vehicle and Equipment 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 and tear. If the Vehicle and Equipment is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle and/or Equipment until we inspect it upon our next opening for business. Service to the Vehicle and/or Equipment or replacement of parts or accessories during the rental must have our prior approval. You must report any low fluids immediately to us.
- Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to, or loss or theft of, the Vehicle and Equipment, which includes the cost of repair, or the actual cash retail value of the Vehicle and/or Equipment on the date of the loss if the Vehicle and/or Equipment is not repairable or if we elect not to repair the Vehicle and/or Equipment, plus loss of use, diminished value of the Vehicle and/or Equipment caused by damage to it or repair of it, and our administrative expenses incurred processing the claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
- Prohibited Uses & Breach of Agreement. In addition to the Rental Policies listed above, which you should carefully review, the following uses of the Vehicle and/or Equipment are prohibited and are breaches of this Agreement. The Vehicle and/or Equipment shall not be used: (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 Vehicle and/or 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 Vehicle and/or 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, to teach anyone to drive, or to carry objects on the roof of the Vehicle (other than the Equipment); (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal material; (i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on unpaved surfaces, except at licensed public campgrounds and well maintained and graded service roads; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; or (r) to transport any unapproved or undisclosed animals. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
- Insurance.You are responsible for all damage or loss you cause to the Vehicle and/or Equipment, yourself, and/or others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where State law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. The Policy does not cover losses caused by drivers of the Vehicle who are not Authorized Drivers.
- Charges. In addition to all rental fees, you will pay us, or the appropriate government authorities as applicable, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with; (b) optional products and services you purchased; (c) fuel, if you return the Vehicle with less fuel than when rented; (d) applicable taxes; (e) all parking, traffic and toll violations, citations, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle; (f) all costs, including pre- and post-judgment interest and attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after payment is due; (h) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we incur; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee to clean the Vehicle and/or Equipment if returned substantially less clean than when rented.
- Damage Deposit. We may use your Damage Deposit to offset any damage, rental charges, or Loss of Use owed to us under this Agreement. Your liability is not limited by the amount of the Damage Deposit. You are responsible for the full amount of all damages, rental charges, or Loss of Use caused in addition to the Damage Deposit. We do not cover personal injury and personal effects whether it occurs through negligence, acts or failure to act by the Authorized Driver, passengers, other persons, animals, foreign objects, or us.
- Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle 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. If you wish to extend the rental period, you must return the Vehicle and/or Equipment to our rental office for inspection and written amendment by us of the due-in date.
- Waiver. 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 does not constitute a waiver of any other provision of this Agreement.
- No Consequential, Special, or Punitive Damages. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. This clause shall survive the termination of the Agreement.
- Final Provisions.Any amendment or supplementation of the Agreement must be in written form and signed by the Parties. The Agreement constitutes the entire, final agreement between the Parties with respect to the subject matter thereof and there are no representations, understandings or agreements relative thereto which are not fully expressed therein. The Agreement cancels and supersedes all prior agreements, proposals, letters of intent, negotiations and representations, whether oral or written, between the Parties. The Agreement shall be binding on the Parties thereto and their respective successors and assigns. If any provision of this Agreement is void or unenforceable, the remaining provisions are valid and enforceable.
- Force Majeure. The Company shall not be liable in any way to you for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury, illness, damage or loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, extreme weather, or an event which the Company or the supplier of services, even with all due care, could not foresee.
- Governing Law.THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (WITHOUT REGARD TO CONFLICT OF LAW RULES). THE PARTIES AGREE THAT PARKER COUNTY, TEXAS IS THE PROPER VENUE FOR ANY ACTION OR PROCEEDING BROUGHT BY ANY PARTY UNDER, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE.
- Dispute Resolution. Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Parker County, Texas, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the Parties to the arbitration. The prevailing Party shall be entitled to recover from the non-prevailing Party the prevailing Party’s actual attorneys’ fees and costs.
