JEEP RENTAL AGREEMENT

Transcription

1 JEEP RENTAL AGREEMENT Colorado Overland LLC 4760 W HWY 160 Suite E Pagosa Springs, CO Tel: coloradooverlandadventures@gmail.com PLEASE FILL OUT INFORMATION FOR PRIMARY DRIVER: Today s Date Last Name 1 First Name Address City State Zip Please Note: Driver (and any additional driver seed below) must be 25 years of age and have full coverage insurance in force on their personal vehicle. Please present detailed proof of coverage. Insurance Company Policy Number Policy Expiration Date Rental Type Day Rental Overnight Rental Rental Days I certify that the insurance company shown above is now in effect on my presently owned vehicle. PLEASE FILL OUT INFORMATION FOR ADDITIONAL DRIVER: Last Name First Name Address City State Zip Contact Number Date of Birth Insurance Company Policy Number Policy Expiration Date I certify that the insurance company shown above is now in effect on my presently owned vehicle.

2 TERMS AND CONDITIONS- PLEASE READ CAREFULLY BEFORE YOU ACCEPT The terms and conditions contained herein, together with the information on the Rental Agreement constitute the entire agreement between you and Colorado Overland LLC regarding your rental of a Jeep from Colorado Overland. By initialing these Terms and Conditions and signing the Rental Agreement, you are agreeing to abide by and be bound by all of these provisions. 1. GENERAL INFORMATION- WARRANTIES: a) Colorado Overland is the owner of the Jeep you are renting. By renting it, you are being permitted by Colorado Overland to use the Jeep but have no authority to act for or on behalf of Colorado Overland. Under no circumstances are you permitted to have the Jeep serviced or repaired without Colorado Overland s express permission. b) You are renting the Jeep as is, Colorado Overland makes no warranties to you or anyone else of any kind or nature, whether express or implied, as to merchantability or fitness of the Jeep for any particular purpose. Under no circumstances will Colorado Overland be responsible to you for any loss, damage, or inconvenience which you may suffer as a result of any breakdown or malfunction of the Jeep. 2. USE OF THE JEEP: a) Rental of this Jeep is limited to fully insured and validly licensed drivers 25 years or older. Only you and anyone who has signed these Terms and Conditions and the Rental Agreement as an additional driver are permitted to drive the Jeep. b) You agree to drive the Jeep only on established roads or jeep trails within the State of Colorado. You agree not to drive the Jeep on private property or in any Wilderness, or Primitive Area, or on any closed road in the National Forest or Bureau of Land Management Area. You also agree not to drive the Jeep on Black Bear Pass, Poughkeepsie Gulch Trail, or on Governor Basin Trail, without the express written consent of Colorado Overland. Any vehicle caught in these areas will be a charged an additional days rental fee. c) You further assume any and all liability for fines or any other costs due to usage of the vehicle in prohibited areas and hereby fully indemnify Colorado Overland for any such costs. d) You agree to carry no more than the vehicle rated number of occupants in the Jeep. You also agree that all persons will ride in seats within the passenger s compartment of the Jeep and that all persons will wear the seatbelt at all times as required by Colorado law. You agree not to carry anyone or anything in the Jeep for hire. e) You agree not to place ice chests, coolers, or other large objects on the seats of the Jeep, which may cause damage to the seats. You may place them on the floor or on dry box provided by Colorado Overland. f) You agree not to use the Jeep to tow, push, pull or otherwise move any other vehicle, trailer, or object.

3 g) You agree not ot drive the Jeep while under the influence of alcohol or drugs. You also agree not to use the Jeep in any way which violates local, state, or federal law, including failure to report an accident, and transporting any drugs or alcohol in the Jeep. If you fail to abide by any of these provisions, you will be solely responsible for any injury or damage which occurs. This may include the full value of the Jeep and any loss of business which Colorado Overland suffers because of any damage to the Jeep. In addition, if you violate any of the provisions of this Agreement, Colorado Overland s insurance will not cover you. 3. VEHICLE CONDITION AND RETURN: a) You agree that the Jeep which you have rented is in good condition when rented you (except as noted on the attached diagram) and that you will return in good condition without any damage or injury, Colorado Overland will collect a damage and security deposit from you before you take the Jeep. b) If you do not return the Jeep on time, or if you violate any provision of this agreement Colorado Overland will be permitted to locate and repossess the Jeep without any notice or hearing. If Colorado Overland repossesses the Jeep, you will have to pay any costs incurred by Colorado Overland in doing so. 4. CHARGES: You agree to pay Colorado Overland, either cash or at Colorado Overland s option, by approved credit, all of the following charges in addition to Colorado Overland s required deposit. a) Full day rental charge computed on 23 hour period; beginning at 9:00 a.m. ending next day at 8 a.m.to Colorado Overland s then current rate together with applicable state and local taxes and assessments. Basic rental rates allow up to 150 miles per day for free. Any mileage above these amounts will be paid at Colorado Overland s then mileage rate. There is no refund if the Jeep is returned early or does not reach maximum miles given. b) Any other charges, fuel charges if the Jeep is returned with less than a full tank, late return charge of full day rental rate, towing or recovery charges, repair costs, and all applicable taxes. c) If the Jeep or any tools, parts, equipment, accessories, or other items which accompanied it when rented to you are lost or damaged items whether or not the loss or damage is your fault. In addition, you will have to pay Colorado Overland for any loss of business due to the loss or damage to the Jeep or its contents. d) Any fines, costs, penalties or assessments of any type whatever levied or charged against Colorado Overland or which Colorado Overland is obligated to pay and which arise out of your rental, use or possession of the Jeep. e) Any expenses, including costs and attorney fees, which Colorado Overland incurs in collecting charges due under this agreement or in recovering the Jeep from you or any reason including abandonment or violation of any term of this

4 agreement. You specifically agree that the Damage Deposit may be retained by Colorado Overland and applied to any outstanding charges which you owe Colorado Overland. You also agree that Colorado Overland may charge your credit card for such charges. 5. OTHER CHARGES: a) Fuel and Washing: When you return the Jeep, it must have a full tank of unleaded regular gasoline or you will be charged for refueling. The charge for refueling will be at Colorado Overland s current rate. Any Jeep returned with excessive mud, dirt, or road debris will be charged a $50.00 washing fee. b) TOWING: If the Jeep has to be towed for any reason other than mechanical breakdown, or if Colorado Overland has to pay any costs associated with recovering the Jeep, you will pay all of those costs and will reimburse Colorado Overland for any loss due to downtime of the Jeep. c) You will be provided with one set of keys that are to be surrendered upon demand. You are responsible for the replacement cost of broken or lost keys. Replacement keys are $400 per key. d) Renter assumes the liability for all tire damage due to the negligence of the driver (nail in tire, punctured tire, accident causing tire damage, etc.). If the tire requires replacement the renter is responsible for the cost of the replacement tire. e) You agree not to smoke or have pets in the Jeep. A $250 fine will be applied if evidence of either is apparent. 6. ACKNOWLEDGEMENT OF LIABLITY You are responsible for any and all damage to the Jeep while it is rented to you whether or not the damage or loss is your fault and regardless of the cause of the damage or loss. Your liability will be the total cost of the loss or damage, or the repair of the damage, up to the total retail value of the Jeep, at the time of loss or damage, less any salvage value, plus any towing, storage, impound or other charges and full loss to Colorado Overland due to the downtime of the Jeep. 7. LIABLITY INSURANCE: While Colorado Overland maintains liability insurance covering the Jeep which you are renting, your insurance coverage will be primary in the event of any claim. Only after your coverage is exhausted will our insurance make any payments. You agree to indemnify and hold Colorado Overland, its owners, agents and employees harmless from and against any and all loss, liability or expense in excess of, or outside the scope or extent of, the coverage provided by Colorado Overland s Liability Insurance. Colorado Overland provides liability insurance coverage with limits of coverage at or above the minimum levels required by Colorado law. This coverage does not include uninsured motorist coverage. You and Colorado Overland hereby agree to reject any such uninsured motorist coverage. In the event any coverage beyond that already provided is required to be provided by Colorado Overland under Colorado law, you agree that the coverage will be the minimum allowed. 8. PERSONAL PROPERTY:

5 Colorado Overland is not liable, under any circumstances, for any loss or damage to your personal property while it is located in the Jeep or at any other time, regardless of the cause of such loss or damage. In the event your property is lost or damaged, you agree not to make any claim against Colorado Overland, its agents, employees or owners for the loss or damage. 9. ACCIDENTS/LOST OR STOLEN JEEP: If there is an accident involving the Jeep, you must report it immediately to the police and to Colorado Overland. You agree to cooperate with the police and Colorado Overland in completing any accident or other reports and will provide the police and Colorado Overland any information they request in connection with any accident. This includes witness names, addresses, and telephone numbers, witness statements, copies of any citations and all other information. If the Jeep is lost or stolen you must immediately report its loss to the police and to Colorado Overland. Whether or not the loss or theft is your fault, you are responsible for paying Colorado Overland the full amount of any cost of such loss or theft including any downtime to Colorado Overland. 10. INDEMNIFICATION In consideration of the use of a Jeep from Colorado Overland through this rental agreement, to the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Colorado Overland, its owners, officers, and employees from and against any and all loss, expense, damage, claim, demand, judgment, fine, charge, lien, liability, action, cause of action, or proceedings of any kind whatsoever whether arising on account of damage to or loss of property, person injury, emotional distress, or death (directly or indirectly) in connection with your usage of the Jeep whether the same arises before or after completion of use or expiration said rental, except for damage, loss, or injury resulting from Colorado Overland s gross negligence or willful misconduct. 11. OTHER TERMS a.) If there is any dispute between you and Colorado Overland regarding these Terms & Conditions or the Rental Agreement or which in any way relates to your rental of a Jeep from Colorado Overland, you agree that prior to filing of any suit regarding such dispute you will engage in good faith binding arbitration before an independent arbitrator selected solely in the discretion of Colorado Overland and you further agree that any suit regarding such dispute must be brought in the courts of Archuleta County, Colorado. You agree to submit to the jurisdiction of the courts of Archuleta County, Colorado in the event of any such dispute and agree to accept service of process by mail at the address or addresses which you have given on the Rental Agreement as provided by Colorado law. Any such suit will be decided under the law of State of Colorado. b.) You may not assign this Agreement. If you attempt to do so, such attempt shall be null and void and of no force or effect. c.) The Agreement between you and Colorado Overland consists of the Rental Agreement and these Terms & Conditions. These documents contain our entire agreement and there is no

6 other understanding or agreement between you and Colorado Overland, either oral or written. Any change in the Rental Agreement or in these Terms and Conditions, or any agreement supplementing or interpreting those documents must be written and signed by both you and Colorado Overland to be effective. I have carefully read all of the terms contained in this document. Any questions I have regarding the meaning of any of these terms have been carefully explained to me by Colorado Overland. By signing this Agreement and initialing these Terms & Conditions, I agree to abide by and be bound by each and every term contained in this Agreement. Each Person signing as a Customer or Additional Driver also agrees to be jointly and severely liable for all charges under this Agreement. I accept the Terms & Conditions as stated above. With a pen, initial to confirm acceptance: Primary Driver ( ) Additional Driver( )

7 RULES AND TRAIL ETIQUETTE Don t set anything on the hood of the Jeep including yourself. Of course you don t want to pay for scratches they are expensive to fix. Watch out for scratchy bushes and be careful when getting in and out of the Jeep. Don t stand on the mud flaps or any place not intended for people. Check the fuel. You received the Jeep full of gas and must return it full. Otherwise we ll have to add a service charge of $15.00 plus the cost of the fuel. You are responsible for cleaning the Jeep. Cleaning entails a thorough washing of the wheels, tires, undercarriage, wheel wells, frame and exterior body. If the interior is muddy or dirty, you are responsible to clean the floor-mats and vacuum the carpet. COWBOY CARWASH, 67 Navajo Trail Dr, Pagosa Springs is locate ½ mile to our east off of Highway 160, across from the Shell gas station and has a high pressure car wash. Do not run the Jeep through the automatic car wash!. If you prefer, we will wash the Jeep for an additional cost of $50.00 Tires are your responsibility. Please avoid sharp rocks, etc. (Replacement tires will be charged to your credit card at market price). Your Jeep has a modified suspension and taller tires which provides more ground clearance than a stock Wrangler. Please use exceptional caution on sloping roads, off camber trails and sharp turns as the center of gravity is higher which increases chances of roll over. Jeep Camper Rentals are equipped with rooftop tents which further increases the center of gravity so use extreme caution in off camber situations. Crossing water (rivers and streams) can be dangerous and can cause to the engine if the water reaches the intake (our Jeeps are not equipped with snorkels). When fording water crossings, stream or rivers, speed is not necessary. Excess speed may cause suspension damage (stream beds are usually rocky, not muddy). Shift the transmission in low gear and idle through the water until you have crossed. Please be cautious since YOU ARE RESPONSIBLE FOR SAFE USUAGE OF THE Jeep: Any and all damage to either the finish or components will be your responsibility. Use high/low range 4X4 when on Jeep roads (even if apparently unnecessary). This provides better gearing and is MUCH SAFER. Use low gears in the transmission and Low Range in the transfer case to hold the Jeep back on grades. Excess ridding on brakes creates heat which can cause brake fade (this can reduce the vehicle s stopping ability). Don t try to straddle large rocks. When in doubt, steer around big rocks. If that s not possible, it is better to drive the tires over big rocks since there is better ground clearance. Normal tire pressure for highway driving is psi. If you are driving on a sandy, rutted or rocky trail you can deflate the tires to no less than 20psi. Be sure to air up when back on pavement. There is a portable air compressor located in the rear storage box of the Jeep that connects to the vehicles battery.

8 There is a jack and lug wrench in the canvas tool bag located next to the rear storage box. Jeeps come equipped with Hi-Lift jacks that should only be used when absolutely necessary and only by experienced in the use of the jack. Don t get stuck because you will have to arrange for your own towing. USE GOOD JUDGEMENT in choosing the terrain in which you travel. Please do not remove T-tops on your own. If you want tops removed, please ask manager for help. Always set the emergency brake when drivers leave the Jeep. (Many accidents have happened when the transmission or transfer case is bumped or slips out of gear). For your safety, please familiarize yourself with the vehicle before operating. Jeep road guide books with maps are provide by Colorado Overland (ask manager). Other Jeep road maps can be obtained at various locations in Pagosa Springs (ask Manager). Never operate Jeep in 4-wheel drive if on dry pavement; this may cause severe damage to the drive train. Tires are your responsibility. Please avoid sharp rocks, etc. Please be cautious since you are responsible for safe usage of the Jeep. Any and all damage to either finish or components will be your responsibility. If roadside assistance is needed due to guest negligence, the renter will be charged $50 per hour for the road assistance and for all services rendered, including travel time for issue(s) For your safety, please familiarize yourself with the vehicle before operating. Colorado Overland reserves the right to refuse rental of the vehicle if the renter demonstrates inability to handle road rules and conditions. THANKS, FOLKS FOR YOUR COOPERATION AND PATRONAGE! Signature: Date: