Rental Agreement Terms and Conditions

Qualifications to Rent:

1. Must be at least 23 years of age.

2. Must have a valid driver's license and current driver's license.

3. Must have a major credit card (debit cards not accepted). Credit cards MUST BE PRESENT at the time of rental AND must be in the name of the person renting them. If the credit card present is not the rental customer's name, the person listed on the credit card MUST BE PRESENT with a form of identification.

Terms and Conditions

1. Definitions. "Agreement" means all terms and conditions found in this form, any addenda, and any additional materials you sign or we provide at the time of the rental. "You" and "your" means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by us at its or 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 business named in this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver's license and is at least age 21. "Vehicle" means the automobile or truck identified in this Agreement and any vehicle we substitute for it and all its tires, tools, accessories, equipment, keys, and vehicle documents. "CDW" means Collision Damage Waiver. "Physical Damage" means damage to, or loss of, the Vehicle caused by a collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire; Physical damage excludes interior burn holes, window stars or cracks not caused by collision or upset. "Loss of use" means the amount calculated by multiplying the daily rental rate by the number of days from the date the Vehicle is damaged until it is repaired (limited to 14 days under Minnesota law).

2. Rental, Indemnity, and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice if the Vehicle 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 from resulting from or arising out of this rental and your use of the Vehicle. We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty or merchantability, and no warranty that the Vehicle is fit for a particular purpose.

3. 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. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle until we inspect it upon our next opening day of business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluids.

4. Responsibility for Damage or Loss: Reporting to Police. You are responsible for all the damage to, or loss or theft of, the Vehicle, loss of uses of the Vehicle while it is being repaired, diminished value of the Vehicle caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative expenses connected with a damage 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.

5. Damage Waiver. If you purchase CDW and pay for it upon termination of this Agreement, we waive our right to collect from you for Physical Damage to the Vehicle. CDW is not insurance. We do not waive our right to collect from you in the Vehicle is 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 illegal drugs as defined or determined under the motor vehicle laws of the sate where damage to the Vehicle occurs; (c) by anyone who provided us false or fraudulent information and We would not have rented the Vehicle if We have received true information; (d) while committing or otherwise engaged in a criminal act, where the criminal activity is classified as a felony under the laws of the state where the criminal activity occurs, and where the Vehicle usage is substantially related to the nature of the criminal activity; (e) to carry persons for commercial hire; (f) outside the United States or Canada, or to push or tow anything, without our written consent; (g) in any speed test or speed contest; or if the Vehicle is damaged by your willful, wanton or reckless misconduct.

6. Insurance. You agree to provide auto liability, collision, and comprehensive insurance covering You, Us, and the Vehicle. You are responsible for all damage or loss you cause to others. Where state law requires us to provide auto liability insurance, or if you have no auto 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 vehicular financial responsibility laws of the state where the damage or loss occurs. You and I reject PIP, medical payments, no-fault, and uninsured and underinsured 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. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any.

7. Charges. You will pay us, or the appropriate governments authorities, 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 or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) loss of, or damage to, the vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the day of the loss if the Vehicle is not repairable, or if we elect not to repair the vehicle, plus loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the claim; (g) all parking, traffic and toll violations, fines penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the vehicle, unless these expenses are our fault; (h) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this agreement; (i) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (j) a 2% per month late fee, or the maximum amount allowed by law, on all amounts past due; (k) 1 %% per month interest, or the maximum amount allowed by law on the monies due us but not paid upon the return of the Vehicle; (1) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any additional recovery expenses we incur; (m) $25 or the maximum permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (n) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.

8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.

9. 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.

10. Breach of Agreement. The acts listed in paragraph 5 above are prohibited uses of the Vehicle and breaches of 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.

11. Modifications. No term of this contract can be waived or modified except by writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office and our written amendment by the due date. This Agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

12. Miscellaneous. 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. Unless prohibited by law, you replace us with any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If any of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable