1. Drivers
- In no event shall the Vehicle be used, operated, or driven by any person other than the Rentee or qualified licensed drivers of at least 21 years of age who have RollRite’s advanced permission to use the Vehicle and whose names appear as additional drivers on Page 1 hereof.
2. Prohibited Use
The Vehicle shall not be used:
- For the transportation of persons for compensation.
- In any race, test, or competitive event.
- Outside the United States without first obtaining RollRite’s written permission.
- By any person not specified in Paragraph 1 above.
- In violation of any federal, state, or local laws.
- While under the influence of intoxicants or drugs.
- For removal of the installed GPS system on the rented vehicle.
- To push or tow.
- To leave the keys in or fail to properly lock up or secure the vehicle (excluding Valet Parking).
- If further use of the Vehicle would cause damage (e.g., check engine, low tire, smoke from the engine).
- To carry hazardous or explosive substances.
- To transport a total vehicle and payload weight exceeding the gross Vehicle weight as specified on the Vehicle. The Vehicle payload weight shall not exceed that specified on Page 1 hereof.
- To drive in or through a structure with insufficient clearance, whether height or width, or off regularly maintained roadways.
- To drive the vehicle if cargo is improperly and/or not secured.
IN NO EVENT SHALL RENTEE SUBRENT OR RELEASE THE VEHICLE TO ANOTHER PERSON OR CORPORATION.
If the Vehicle is obtained from RollRite by fraud, misrepresentation, or is used in furtherance of an illegal purpose, all use of the Vehicle is without RollRite’s permission. The foregoing conditions are cumulative and each of them applies to every use, operation, or driving of the vehicle.
3. Return of Vehicle
This Agreement is one of rental only. The Vehicle is property of RollRite and shall be returned to RollRite’s address or a designated location on the date shown on Page 1 or earlier if demanded, together with all tires, tools, accessories, and equipment in the same condition as when received, ordinary wear and tear excepted.
- Failure to return the Vehicle to the designated place or on the specified date will terminate RollRite’s permission for the Rentee to use the Vehicle and will also terminate all insurance coverage.
- If the rented vehicle is returned to RollRite at any other place than listed, the Rentee agrees to pay all expenses incurred by RollRite to have the vehicle returned.
- RollRite or its agents may peacefully repossess the vehicle without demand wherever found if the Vehicle is illegally parked, used in violation of the law, in violation of this Agreement, or was abandoned.
- RollRite shall not be liable for any damages resulting from repossession or for loss/damage to any property of the Rentee contained in the vehicle.
4. Amounts Due RollRite
Rentee shall pay RollRite on demand for the following:
- (a) All times and mileage charges as computed on Page 1, with mileage determined by reading the vehicle odometer or hubodometer. The Rentee shall NOT detach the odometer and will pay for its repair or replacement if any seal is broken, along with mileage charge adjustments.
- (b) Basic or minimum rate, service, and other charges as shown on Page 1.
- (c) Refueling charge if the vehicle is returned with less fuel than when rented.
- (d) All state, use, excise, or other tax charges.
- (e) All fines, toll violations, penalties, forfeitures, citations, impound fees, towing and storage costs, court costs, and other costs incurred by RollRite with respect to Rentee’s use of the vehicle.
- (f) RollRite’s costs, including reasonable attorney fees (unless prohibited by law), incurred in collecting any payments or repossessing the vehicle.
- (g) RollRite’s costs resulting from loss or damage to the vehicle during rental, whether or not due to Rentee’s fault.
- (h) Rentee gives RollRite permission (direct expressed consent, clear, definite, and unequivocal) to contact Rentee using any existing technology.
5. Vehicle Insurance
RollRite requires a minimum of $300,000 in accident property damages and full coverage insurance that will cover RollRite’s vehicle or $300,000 in Collision coverage.
- Rentee must provide proof of insurance at the time of rental, covering the Rental Vehicle and personal injury to the Rentee, passengers, and others.
- If the Rental Vehicle is damaged or destroyed, Rentee agrees to pay any required insurance deductible and assign all rights to collect insurance proceeds to RollRite.
ROLLRITE SHALL NOT PAY:
- Any obligation for which the Rentee or any driver may be liable under any Worker’s Compensation or similar law.
- Any obligation assumed by the Rentee under any express or implied contract.
- Any liability arising while the Vehicle is being used in violation of the terms of this Agreement.
- Medical payments required by persons injured while riding or alighting from the vehicle.
6. Indemnity
Rentee releases and holds RollRite, its agents, and employees harmless from all claims for loss or damage to any property of Rentee or any other person left in, on, or about the Vehicle, either before or after its return to RollRite, without regard to any negligence by RollRite or its employees.
Rentee shall defend, indemnify, and hold RollRite harmless from any and all losses, liabilities, damages, claims, demands, and expenses arising from the abandonment, conversion, illegal use, or unauthorized sale of the Vehicle by Rentee or its agents. Additionally, Rentee shall indemnify RollRite for any loss, liability, or expense in excess of the liability limits outlined here.
7. No Agency
- Neither the Rentee nor any other driver of the Vehicle shall be considered an agent, servant, or employee of RollRite for any purpose.
8. Repairs
- Rentee shall not permit any repairs to the Vehicle or allow any lien to be placed on it without RollRite’s consent. Rentee is liable for any such repairs.
9. Accidents
- Rentee shall immediately report any accident to RollRite and deliver to RollRite or its insurer any process, pleading, or notice related to claims or suits arising from the accident. Rentee must cooperate fully with RollRite and its insurer in investigating and defending the claims.
10. Credit Charges
- If the Rentee directs RollRite to bill charges to any other person or organization, that person or organization and the Rentee shall be jointly and severally liable for all such charges.
- Rentee expressly authorizes RollRite to process a Credit Card Voucher, if any, in the Rentee’s name for charges made hereunder.