DEFINITIONS. "Agreement" means all terms and conditions found on both sides of this form, any addenda or any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this agreement, any authorized Driver and any person or organization to whom charges are billed by us on the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this agreement. "We," "our" or "us" means the Rental Agent identified on Page 1. "Authorized Driver" means you, any additional driver approved by us and listed by us on this agreement, and any other driver authorized by the law of the state where the vehicle is rented provided that person has a valid driver's license and, unless the law of this state requires otherwise, is at least twenty-one (21) years of age. "Vehicle" means the automobile identified in this agreement and any substitute and all its tires, tools, accessories, keys, equipment, keys, and vehicle documents. "Physical damage" means all damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire. "Loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damages to the Vehicle until it is repaired times the corresponding periodic rental rate, unless otherwise provided by law.

RENTAL. This agreement is a contract for the rental of the Vehicle. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT REGARDING THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this agreement. 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.

CONDITION AND RETURN OF VEHICLE. You must return the Vehicle 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. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels including the brake fluid level in the master cylinder.

RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE. You are responsible for all damage to or loss of the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the Vehicle's value caused by damage to it or repair of it, missing equipment, and all administrative costs we incur due to damage to, or loss of, the Vehicle regardless of whether or not you are at fault, unless this responsibility is otherwise limited by law. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the vehicle to us immediately.

LIABILITY INSURANCE. You are responsible for all damages or losses you cause to others. You agree to provide auto liability insurance covering you, us, and the Vehicle. If you have auto liability insurance, we provide no liability insurance. Where state law requires us to provide auto liability insurance, or if you have no liability insurance, we provide auto liability insurance, excess to any insurance you may have, under a policy of insurance (the "Policy"). The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. The Policy provides uninsured/underinsured motorist coverage only in states where such coverage is mandated by law. Coverage applies only in the Unites States. 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. You and we reject PIP, no fault, and uninsured or underinsured motorist coverage. Giving the vehicle to an unauthorized driver terminates our liability insurance coverage, if any. You will indemnify, defend, and hold us harmless from all liability, costs and attorney fees arising out of use of the Vehicle that are in excess of, or excluded from, the protection provided you, if any, under the policy.

CHARGES. You will pay us on demand for all charges due under this Agreement that are allowed by law, including, but not limited to: (1) time and usage for the period during which you keep the Vehicle; (b) charges for optional services, if you elect to purchase any; (c) applicable sales use and other taxes; (d) loss of, or damage to the Vehicle, which is included in the cost of repair of the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle's value caused by damage to it or repair to it, and our administrative fees incurred for processing the claim; (e) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the Vehicle during your rental, unless these expenses are our fault; (f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre and post judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement; (h) a 2% late payment fee or the highest amount allowed by law, if lower , on all amounts past due; (i) One and one half percent per month interest, or the maximum amount allowed by the laws of the state where the Vehicle is rented, for monies due but not paid upon return of the Vehicle; (j) Fifty dollars ($50.00) plus $5.00 per mile between the renting location and place where the vehicle is returned or abandoned, plus any additional recovery expenses we incur, and (k) Twenty Five dollars ($25.00) or the maximum amount permitted by law, whichever is greater if you pay us with a check backed by insufficient funds.

DEPOSIT. We may use your deposit to pay any amounts owed to us under this agreement.

BREACH OF AGREEMENT. If you breach this agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach, unless otherwise provided by law.

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 to our rental office for inspection and written amendment by us of the due in date or time.

MISCELLANEOUS. No waiver by us of any breach of this Agreement will constituted a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Unless prohibited by law, you release us from any liability for consequential special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us are merged into this agreement.

RENTAL AGREMENT VIOLATIONS. You agree to properly operate this vehicle. If any of the following acts are committed, any coverage provided to you will be voided: (a) Operation of the Vehicle by an unauthorized driver; (b) Violation of any provision of this Agreement while operating the Vehicle; (c) Driving while intoxicated or under the influence of drugs, alcohol or other substances which would impair driving ability; (d) Reckless driving of the Vehicle to include, among other things, off regularly maintained roadways, to carry hazardous or explosive substances, to carry hazardous waste of any kind, to transport weight in excess of the vehicle's maximum payload capacity, where insufficient clearance or height or width exists, improper loading; (e) Transporting more passengers than number of seat belts or transporting passengers outside of the passenger compartment; (f) Using the Vehicle to participate or act or assist in any activity that violates any law, rule, or regulation; (g) Using vehicle to carry persons or property for hire; (h) Using Vehicle to engage in an organized or any other speed contest; (f) Using Vehicle to tow or push any other vehicle, trailer or other object; (j) Operation of Vehicle by person who has used false or misleading information to obtain the Vehicle; (k) Operating the Vehicle outside the continental United States and Canada; (l) Leave the Vehicle and fail to remove the keys or close and lock all doors, windows, and the trunk and the vehicle is stolen.

 

1. RENTAL TERMS

Renter agrees to rent the vehicle described in this Agreement for the agreed rental period. Renter must be at least 21 years old, possess a valid driver’s license, and provide valid insurance.

Only drivers listed and approved by Company are permitted to operate the vehicle.


2. AUTHORIZED USE

Renter agrees NOT to:

  • Use vehicle for illegal activity
  • Sub-rent or transfer possession
  • Use for rideshare (Uber/Lyft) unless explicitly authorized
  • Operate under influence of drugs/alcohol
  • Use outside permitted geographic area

3. GRAVES AMENDMENT / LIABILITY PROTECTION

Graves Amendment / Liability Protection Clause

Owner Liability Disclaimer (Graves Amendment Compliance)
Renter acknowledges and agrees that the vehicle provided under this Agreement is owned by the Company and is rented to Renter pursuant to applicable federal and state law, including but not limited to the Graves Amendment, 49 U.S.C. § 30106.

To the fullest extent permitted by law, the Company shall not be liable for any damages, injuries, losses, or claims arising out of the use, operation, or possession of the rented vehicle during the rental period. Renter expressly agrees that all liability for the operation of the vehicle rests solely with the Renter and any authorized driver.

Renter agrees to indemnify, defend, and hold harmless the Company, its owners, members, managers, employees, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including attorney’s fees) arising from or related to the use or operation of the vehicle during the rental period, except to the extent caused by the Company’s gross negligence or willful misconduct.

Renter further acknowledges that the Company is not responsible for any third-party claims resulting from the use of the vehicle, and that Renter is required to maintain valid automobile insurance coverage as required by law and this Agreement.

 

 


4. INSURANCE REQUIREMENTS

Renter’s personal auto insurance shall be PRIMARY.

Company’s insurance, if any, is secondary/excess only.

If Renter lacks valid insurance:

  • Renter is fully responsible for ALL damages and liabilities
  • Company may pursue direct recovery without limitation

5. SECURITY DEPOSIT

Renter authorizes Company to charge a refundable security deposit.

Company may deduct for:

  • Damage
  • Tolls
  • Cleaning
  • Fuel
  • Violations
  • Late return

6. TOLLS, TICKETS & VIOLATIONS (AGGRESSIVE CLAUSE)

Renter is responsible for ALL:

  • Tolls (EZ Pass or toll-by-plate)
  • Parking tickets
  • Traffic violations

IMPORTANT:
Renter agrees that:

  • All tolls will be charged to Renter directly
  • Any toll not paid timely will result in:
    • $50 administrative fee PER violation
    • Plus original toll amount

Renter authorizes Company to charge their payment method for:

  • Toll balances
  • Administrative fees
  • Any collections or penalties incurred

7. DAMAGE & LOSS

Renter is fully responsible for:

  • ANY damage to vehicle (regardless of fault)
  • Theft or total loss
  • Diminished value
  • Loss of use (daily rental rate)
  • Repair costs

Company may charge:

  • Full repair cost
  • Loss of revenue during repair period
  • Administrative processing fee

8. CLEANING / CONDITION

Vehicle must be returned in same condition.

Additional charges apply for:

  • Excess dirt, stains, spills
  • Smoke odor (STRICT NO SMOKING)
  • Pet hair (unless approved)

Cleaning Fee: $50–$250 depending on condition
Smoking Fee: Minimum $250


9. FUEL POLICY

Vehicle must be returned with same fuel level.

If not:

  • Refueling charge = market rate + $25 service fee

10. LATE RETURN

Grace period: 30 minutes

After that:

  • Hourly or daily rate applies
  • Unauthorized extension may be treated as vehicle misuse

11. VEHICLE TRACKING & REPOSSESSION

Vehicle may be equipped with GPS tracking.

Company reserves the right to:

  • Locate vehicle
  • Disable vehicle (where legal)
  • Repossess WITHOUT NOTICE if:
    • Agreement is violated
    • Payment fails
    • Vehicle is at risk

Renter is responsible for all repossession costs.


12. ACCIDENT REPORTING

Renter must:

  • Report accidents immediately
  • Provide police report
  • Cooperate with insurance

Failure = full financial responsibility


13. LIMITATION OF LIABILITY

Company is not liable for:

  • Personal property left in vehicle
  • Delays or breakdowns
  • Indirect or consequential damages

14. CHARGE AUTHORIZATION

Renter authorizes Company to charge ANY card on file for:

  • Damages
  • Tolls & fees
  • Violations
  • Cleaning
  • Loss of use
  • Legal or collection costs

15. COLLECTIONS & LEGAL

If Renter fails to pay:

  • Account may be sent to collections
  • Renter responsible for:
    • Collection fees
    • Attorney fees
    • Court costs

16. GOVERNING LAW

This Agreement shall be governed by the laws of the State of New Jersey.


17. ENTIRE AGREEMENT

This Agreement represents the full understanding between parties and supersedes all prior communications.