CONDITIONS FOR RENTAL
1. RENTAL. As more fully set forth below, Renter shall pay to
Owner the following in connection with the rental of the Motorhome: (a)
reservation fee; (b) mileage charge; (c) rental fee; (d) a generator usage fee;
and (e) a towing fee. As set forth below, Renter may also be liable
to Owner for the following: (a) refueling expenses and charges; (b)
charges for cleaning and extraordinary cleaning of either the interior and/or
exterior of motor home; (c) expenses and other charges if Renter abandons
Motorhome; (d) late fees; (e) repair and/or replacement expenses and
charges;(f) attorney’s fees; and (g) fines, penalties, forfeitures, or other
expenses, if assessed against Owner under compulsion of law, with respect to
use of vehicle while in rental to Renter, unless due to Owner’s fault, but this
shall not relieve Renter or any other person of direct responsibility to any
federal, state or municipal body of his own conduct.
2.
RESERVATION.
Renter shall pay a NONREFUNDABLE $250 (TWO HUNDRED FIFTY DOLLARS)
fee to reserve the Motorhome for the Rental Term (defined below).
Reservations made within 10 days of departure require immediate,
full payment of the Rental Charge. Failure to Pay the Full Reservation in
the Time Required Is Not a Reservation.
3.
RENTAL. The term of rental shall be NUMBER
days beginning on DEPARTURE DATE and ending on RETURN DATE
(the “Rental Term”). If Renter fails to return the Motorhome at the
end of the Rental Term, the Rental Term shall be extended until the Motorhome
is returned to Owner. Renter’s limited rights to use the Motorhome
granted herein automatically terminate at the end of the Rental Term or return
of the Motorhome, whichever occurs first.
4. RENTAL CHARGE.
Renter shall pay $200 OR $250 a day
for each day of rental during the Rental Term for a total of DAYS TIMES RENTAL CHARGE (the “Rental Charge”). The Rental Charge shall be
paid in advance of departure. Under no circumstances shall any portion of
the Rental Charge be refunded, even if the Renter’s trip is cut short.
No credit, offset, or refund of the any portion of the Rental Charge
shall be given to the Renter if the Motorhome is returned prior to the
end of the Rental Term. In such event, Renter shall be deemed to have
returned the Motorhome at the conclusion of the Rental
Term. Generator Fee – The first three (3) hours of generator
use are included free of charge for each day of rental. Additional hour’s
usage is @ $3 per hour. This is calculated by the Owner and paid by Renter upon return of the
Motorhome.
5.
CANCELLATION/LIMITED REFUND.
If Renter has paid the full Rental Charge and cancels this Agreement more than
thirty (30) prior to the beginning of the Rental Term, Owner shall return 90% of the Rental Charge. If Renter has paid the
Rental Charge and cancels this Agreement less than ten (10)
days prior to the beginning of the Rental Term, Renter forfeits the entire
Rental Charge and no refund of the Rental Charge shall be given. In order
to cancel this Agreement, Renter must provide written notice of cancellation
within the time prescribed.
6.
LATE CHARGES. If
the Motorhome is not returned at the end of the Rental Term, Renter shall
pay Owner, in addition to the Rental Charge, a daily charge of $50
(FIFTY DOLLARS) (“Late Charges”). Late Charges are in
addition to any other amounts set forth herein and shall not be prorated based
on the hour of return.
7.
NO SMOKING & NO PETS.
Renter shall neither smoke allow others to smoke inside the Motorhome.
Renter shall not allow pets inside the Motorhome. In the Event There Is
Evidence of Either, the Security Deposit Will Not Be Refunded and You Will Be
Charged for All Cleaning of the Motorhome!
8.
NO TRAVEL OUTSIDE UNITED
STATES. Renter’s destination is ANYTOWN, USA.
Renter agrees that Renter shall not take the Motorhome outside of the
United States.
9.
MILEAGE. Renter
may travel in the Motorhome 100 miles each day of the Rental Term free of
charge. The total of the daily free mileage for Renter’s use of the
Motorhome is XXX MILES (Number of rental days x 100) (“Allotted
Mileage”). If Renter’s actual mileage exceeds the Allotted Mileage,
Renter shall pay a charge of forty five cents (.45) for each mile in excess of
the Allotted Mileage (the “Excess Mileage Charge”). No daily free mileage
will be given to Renter for days in excess of the Rental Term and total mileage
will be measured against the Allotted Mileage. The current odometer mileage
for the Motorhome is TBD miles. There shall be no credit
if actual mileage is less than the Allotted Mileage. This amount shall be
due and payable immediately upon return of the Motorhome.
10.
FUEL. At the time
of delivery the Motorhome is provide to Renter with FULL TANK of
fuel and FULL TANK of propane. Renter shall pay for
and is solely responsible for all fuel, oil and propane and shall not be
entitled to any reimbursement, credit, or offset thereof. Renter agrees
to return the Motorhome to the Pickup Point (defined below) with the same
amount of fuel, oil, and propane as when Renter accepted delivery of the
Motorhome. If Renter fails to return the Motorhome with the same amount
of fuel, oil, and/or propane, Renter shall be liable to Owner for all such
deficiencies. Owner may refill the Motorhome to the appropriate levels
and charge Renter for such, plus a $50 (FIFTY DOLLAR) fee, all of
which may be deducted from the Security Deposit.
11.
PAYMENTS. Except as may be
provided elsewhere herein, all payments due under this Agreement shall be
made to Owner in the form of cash in US DOLLARS or through PAYPAL.
No draft or checks on any banks will be accepted. All instruments of payments
shall be made payable to Owner. Every payment will be made in Orange
County, California. In the event that payment is sent from Renter to
Owner, payment shall not be deemed to have been made until it is received by
Owner in Orange County, California.
12.
NO WARRANTIES. THE OWNER DISCLAIMS
ALL IMPLIED WARRANTIES RELATED TO THE MOTORHOME, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. FURTHER, OWNER
MAKES NO EXPRESS WARRANTIES REGARDING THE MOTORHOME. OWNER DELIVERS THE
MOTORHOME, “AS IS.”
13.
DELIVERY AND ACCEPTANCE.
a.
Delivery. Owner shall deliver the
Motorhome to Renter at OWNER’S ADDRESS. The charge for
delivery of the Motorhome at this location is AT NO COST.
b. Acceptance. Renter’s acceptance of the
Motorhome shall constitute Renter’s acknowledgment, representation, and
agreement that Renter has carefully examined the Motorhome and all
Equipment and that the : (i) Motorhome and Equipment is all in good, working condition;
(ii) current odometer mileage shown in Paragraph 9 is correct; (iii) fuel and
propane levels shown in Paragraph 10 are correct; (iv) Owner has made no
representations to you regarding the operation, comfort, or reliability of the
Motorhome; and (v) Renter has read this Agreement and understands Renter’s
rights, duties, and obligations.
c.
Return. Renter shall return the
Motorhome to Owner at OWNER’S ADDRESS (the “Pickup Point”).
If Renter fails to return the Motorhome to the Pickup Point, Renter shall
be deemed to have abandoned the Motorhome. Return further agrees to
return the Motorhome in the same condition as it was delivered. Prior to
returning the Motorhome, Renter shall lawfully empty toilet and holding
tanks. If Renter fails to empty toilets and tanks, Renter shall pay Owner
a fee of $50 ( FIFTY DOLLARS for this service. Renter further agrees to clean the Motorhome and that failure to do so
will result in a charge to be determined in the sole discretion of the
Owner.
d. Abandonment. In addition to all other amounts hereunder, if
Renter abandons the Motorhome, Renter shall pay Owner all expenses to recover
possession of the Motorhome, including but not limited to, airfare for two
adults, motel, meals, towing charges, repair bills, fines, and all other
amounts related to Owner obtaining possession of the Motorhome. Renter
shall also pay to Owner: (i) all fuel used in returning the Motorhome to the
Pickup Point; (ii) refueling of the Motorhome to the appropriate levels and the
charge (described in Paragraph 10); (iii) a mileage charge of .45 cents for
each mile used at the time Owner takes possession and forfeiture of all
Allotted Mileage, so that no free mileage credit is given to Renter; (iv)
.55 cents per mile for each mile the Motorhome is driven from the place of
abandonment to the Pickup Point; and (v) a per diem charge of $150 for Owner
and a another driver.
e.
Repossession. In the event Renter breaches
of any of the terms and conditions of this Agreement, Owner may, without prior
demand, take immediate possession of the Motorhome by entry upon Renter’s
premises, if necessary, with or without process of law. In the event that
such repossession occurs, Renter will be deemed to have abandoned the Motorhome
and Owner is entitled to all remedies under that provision.
14.
SECURITY DEPOSIT. a.
Deposit. Prior to departure, Renter shall deliver to Owner a security
deposit in the amount of $500 (FIVE HUNDRED DOLLARS) (the
“Security Deposit”). The Security Deposit shall be in the form of CASH ONLY- No checks accepted. The Security Deposit is to insure a readily
accessible source of funds to cover any damage or loss to the Motorhome, damage
or loss of Equipment, or Owner’s expenses owner during the Rental Term.
b. Conditional Return of Deposit. Subject to all other terms of this
Agreement, if the Motorhome and Equipment is Owner, the Owner may retain all or
a portion of the Security Deposit to cover delay, expenses, damages, and/or
other costs. In addition, may retain all or part of the
Security Deposit to cover any of the following: (i) Excess Mileage Charge; (ii)
Late Charges; and/or (iii) amounts due under Paragraphs 7, 10, 13, 16, 17, 19 and
22. Should the damages, expenses, or charges exceed the Security Deposit,
the Renter shall remain liable for all excess amounts. Owner has up to 14 days to return any balance of the Security Deposit to Renter.
15.
DRIVERS/OPERATION. a.
Renter represents and warrants that Renter is in excess of twenty-five(25)
years of age and that Renter has a currently valid driver’s license, with the DL# ________. Renter
further agrees that Renter shall not allow any person under the age of
twenty-five (25) drive or operate the Motorhome during the Rental Term or while
it is in the possession of Renter, except for the Renter. Renter further
represents and agrees that the only other person that Renter shall allow to
drive or operate the Motorhome is: NAME
______________________________ DOB _______________ DL#______________
b. Renter represents and warrants that
each authorized driver listed above is covered by his/her own insurance policy
and is insurable. c. Renter represents and warrants that the
total number of passengers, including Renter, in the Motorhome is NUMBER
of PEOPLE. d. Renter is
solely liable for all property damage, injuries, losses, claims, fines,
levies, tickets, or any other injury arising out of or related to driving or
operating the Motorhome while the Motorhome is in Renter’s possession,
including by the act or omission of any authorized driver listed above.
16. MAINTENANCE. Renter shall maintain the Motorhome in strict
compliance with the manufacturer’s maintenance procedure and in accordance with
Owner’s instructions, whether written or verbal. Renter also agrees to
examine the Motorhome, including tires and oil level, at reasonable periodic
intervals, and agrees to maintain the Motorhome in substantially the same
condition in which it was delivered. Renter agrees to keep
the Motorhome and its components serviced during the time the Motorhome is in
Renter’s possession. Renter shall be liable for all losses, repairs,
expenses, parts, and damages due to Renter’s failure to properly maintain the
Motorhome, including, without limitation, failing to make timely repairs,
maintaining proper levels of oil, antifreeze, water, tire pressure, and replacing
other expendables necessary for the proper and safe operation of the vehicle
during period of rental.
17.
REPAIRS. In the event of
mechanical failure, Owner shall reimburse or credit Renter for necessary
repairs to the Motorhome during the term of this Agreement for which Renter
paid the cost of repairs; provided that, such mechanical failure was not caused
in whole or part by the Renter’s abuse, misuse, carelessness or
negligence. Renter agrees to contact Owner, by telephone for
repairs in excess of $100.00 to obtain Owner’s authorization.
Such authorization for repairs shall not constitute a waiver of any right to
charge Renter for such repairs, if, in the opinion of Owner, such repairs were
required because of the abuse, misuse, carelessness or negligence of Renter, or
Renter’s failure to comply with any of the terms of this Agreement.
Renter shall not permit any lien to be placed upon the
Motorhome. In order to obtain such reimbursement or credit,
Renter must provide Owner with complete documentation, including work orders
and receipts. No reimbursement or credit will be given for replacement
parts unless the replaced parts are returned to the Owner. Owner’s
obligation for payment under this paragraph shall not apply in the event that
breakdown or mechanical failure is caused by or follows any accident,
regardless of fault.
18. INSURANCE. a. Renter
MUST purchase an insurance binder obtained through his/her own insurance
company for liability, comprehensive, collision and their own injuries and will provide proof to
Owner within 24 hours prior to delivery. Renter and authorized drivers are not covered under Owner’s policy
for liability claims. Owner makes no representations or warranties as to
any coverage. b. Renter acknowledges that the following are
prohibited, will breach this Agreement, and void any liability that might
otherwise exist: (i) collision with the structure of any underpass or other
objects because of insufficient clearance whether height or width; (ii) using
Motorhome on any road or other areas that is not hard surfaced and regularly
maintained resulting in undercarriage damage, including tires and wheels; (iii)
improperly loading and securing contents, including doorsteps when not properly
stowed; (iv) allowing a greater number of persons to occupy vehicle than
indicated in this Agreement; (v) using the vehicle in any race, test or
contest; (vi) operating the vehicle in connection with or during any periods of
riots, strikes or civil commotion; (vii) to carry persons or property for hire;
(viii) to propel or tow vehicles or other objects; (ix) if Motorhome is
obtained from by fraud or misrepresentation; (x) travel outside the United
States; and (xi) operating vehicle in violation of the law, including operation
by any person while under influence of intoxicants or used for any illegal
purpose.
19.
ACCIDENTS. a. Renter
agrees to report any accident involving the Motorhome to Owner immediately
after its occurrence. In case of an accident, a police report must be submitted
to Owner within 24 hours. b. If the Motorhome is in an
accident the Renter, regardless of fault, is liable and shall pay to Owner: (i)
all damages not covered by the insurance, shall pay Owner all deductibles under
any policy covering the Motorhome and/or Renter’s operation thereof. These amounts are in addition to all other
amounts that may be due to Owner hereunder.
20.
SUBSTITUTION OF VEHICLE.
Owner has the right, but not the obligation, to substitute another motorhome
should the Motorhome become unavailable for delivery or as a result of
mechanical failure during the Rental Term. Every effort will be made in
such cases to supply a comparable unit.
21.
RELATIONSHIP OF PARTIES. The
relationship of the parties hereto is that of a lessor and a lessee. Renter
shall not represent or hold Renter out whether an agent, employee, or
representative of Owner. Renter shall have no authority to
represent or make any commitment binding upon Owner, including to any person,
entity, or governmental body, for any purpose whatsoever, including, but not
limited to, mechanics or repair facilities.
22.
DAMAGES. a. UNLESS THE RISK
OF LOSS IS EXPRESSLY PLACED ON OWNER BY THE EXPRESS TERMS OF THIS AGREEMENT,
RENTER IS SOLELY RESPONSIBLE FOR THE MOTORHOME AND EQUIPMENT AND FOR ANY AND
ALL DAMAGE TO THE MOTORHOME AND EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, LOSS
OF USE AND ALL OTHER CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY OWNER.
RENTER ACKNOWLEDGES THAT LOST PROFITS FROM UNREALIZED FUTURE RENTALS ARE A FORESEEABLE
DAMAGE. BY WAY OF EXAMPLE AND NOT LIMITATION, RENTER IS RESPONSIBLE FOR
THEFT, VANDALISM, ACCIDENTS, BREAKDOWNS, MAINTENANCE, ACTS OF GOD, NEGLIGENCE
OF RENTER, RENTER’S INTENTIONAL ACTS, AND NEGLIGENCE AND INTENTIONAL ACTS OF
THIRD PARTIES, WHETHER OR NOT AFFILIATED WITH RENTER.
23.
LEGAL ACTION/DISPUTES.
a. The Renter hereby unconditionally and irrevocably consents to the jurisdiction of the Courts of the State of California
for any action or claiming arising out or of related to
Renter’s operation of the Motorhome and/or this Agreement. Renter hereby
unconditionally and irrevocably waives it right to file or
remove any action against Owner to federal court. Renter and Owner agree
that the exclusive forum for resolution of any dispute arising out of or
related to this Agreement, the construction of its terms, the creation,
interpretation, and performance or Renter’s operation of the Motorhome, and
Owner’s performance there under shall be in state courts of Orange County,
California. b. UNDER NO CIRCUMSTANCES OR ANY CAUSE OF
ACTION, WHETHER SOUNDING IN TORT OR CONTRACT, SHALL
OWNER BE RESPONSIBLE TO RENTER FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES,
ARISING OUT OF OR RELATED TO THIS AGREEMENT, OWNER’S BREACH OF ANY OBLIGATION
OR DUTY IMPLIED BY THIS AGREEMENT OR BY LAW, OR RENTER’S OPERATION OF THE
MOTORHOME, INCLUDING BUT NOT LIMITED TO, TIME LOST OR ENJOYMENT, ALTERNATIVE
TRAVEL EXPENSES, OR ANY OTHER EXPENSES. RENTER AND OWNER FURTHER AGREE THAT
RENTER’S RECOVERY OF ATTORNEY’S FEES ARE A CONSEQUENTIAL OR SPECIAL DAMAGE AND, TO THE FULLEST EXTENT
ALLOWED BY LAW, SHALL NOT BE RECOVERABLE BY RENTER FOR OWNER’S BREACH OF THIS
AGREEMENT. c. IN ADDITION TO THE EXCLUSION OF CONSEQUENTIAL
DAMAGES AND OTHER EXCULPATORY PROVISIONS HEREIN, THE PARTIES AGREE THAT, IN THE
EVENT OF ANY FAILURE, DEFECT, MALFUNCTION OF THE MOTORHOME, NEGLIGENCE OF
OWNER, OR OWNER’S BREACH OF THIS AGREEMENT, THE OWNER’S MAXIMUM LIABILITY TO
RENTER SHALL BE THE RETURN OF THE RENTAL CHARGE AND LATE CHARGES ACTUALLY
COLLECTED BY OWNER FROM RENTER. IT IS FURTHER INTENDED THAT THIS SHALL BE
RENTER’S SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS, WHETHER IN TORT OR
CONTRACT, AGAINST OWNER. d. If Owner seeks affirmative relief
based in whole or part on Renter’s breach and Owner prevails, Owner shall be
entitled to recover Owner’s attorney’s fees. e. The remedies
granted to Owner herein are cumulative, and are in addition to, and not
limitation of, any other remedies available to Owner by law, and Owner by
pursing any or all of the remedies provided herein or by law, shall not be
deemed to have waived any other available remedy. f. Except
for its Conflict of Laws provision which might refer an action to the laws of
another state, the laws of California will govern the validity of this
Agreement, the construction of its terms, and the creation, interpretation, and
performance of the rights and duties of the parties hereunder. g.
Renter agrees to deliver to Owner as soon as possible, every process, pleading
or paper of any kind relating to any and all claims, suits and proceedings
received by Renter or any driver or passenger of the Motorhome arising out of
related to Renter’s use of the Motorhome. Renter shall cooperate fully
with Owner in all matters connected with the investigation and defense of any
claims or suits.
24.
INDEMNIFICATION/HOLD HARMLESS.
IN ADDITION TO THE WAIVER OF CONSEQUENTIAL DAMAGES AND LIMITATION ON LIABILITY
FOUND IN PARAGRAPH 23. ABOVE, THE PARTIES AGREE:
a. OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, SAVED AND HELD HARMLESS BY RENTER FROM AND AGAINST ANY AND ALL
SUITS, ACTIONS, LOSSES, INJURIES, CAUSES OF ACTION, DAMAGES, CLAIMS, FINES,
FORFEITURES, PENALTIES, AND LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR
INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED
BY ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY,
DIRECTLY OR, INDIRECTLY,THE PERFORMANCE OF RENTER UNDER THIS AGREEMENT AND
RENTER’S OPERATION OF THE MOTORHOME, INCLUDING CLAIMS AND DAMAGES ARISING IN
WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER. IT IS THE EXPRESSED INTENT
OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS
SECTION IS AN INDEMNITY EXTENDED BY RENTER TO INDEMNIFY AND PROTECT OWNER FROM
THE CONSEQUENCES OF OWNER’S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE
OR CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE OR PROVIDED.
25. SEVERABLE. Should any
part, term, or provision of this Agreement be declared or be determined to be
illegal or invalid, the validity of the remaining parts, terms or provisions
shall not be affected thereby, and any part, term or provision, if finally
declared or determined to be illegal or invalid, shall be deemed not to be a
part of this Agreement and there shall be added automatically as part of this
Agreement a provision as similar in its terms to such illegal or invalid part,
term or provision as may be possible and be legal, valid and
enforceable.
26.
INTEGRATION & ORAL AMENDMENTS.
This Agreement contains the entire understanding of the parties hereto
and supersedes and cancels all previous negotiations, agreements, commitments,
understandings in connection with the subject matter of this Agreement, whether
oral or written, including any matter involving the parties’ business
relationship. This Agreement may not be released, discharged, abandoned,
varied, supplemented, supplanted, amended, or modified in any manner except by
a written instrument duly executed by of each party hereto.
27.
BINDING AGREEMENT.
It is understood that the terms of this Agreement are contractual and not
merely recitals and shall be binding upon and inure to the benefit of each
party.
28.
NON-ASSIGNABILITY.
Renter shall not assign this Agreement or its rights hereunder without the
prior, express written consent of Owner. Any such attempted assignment
will be void. Renter shall not sublet the Motorhome without the prior,
express written consent Owner.
29.
NO WAIVER. Any
failure or delay on the part of any party to exercise any remedy, right or to require performance or nonperformance of any of the terms,
covenants, conditions,
or provisions of this Agreement shall not constitute a waiver of such.
Further, the waiver, if any, by any party of a breach, requirement of
performance, or non-performance of any provision of this Agreement shall not
operate or be construed as a waiver of any subsequent or future breach, requirement of performance, or non-performance by any other party including the previously
“waived” provision. The parties, therefore, agree that no “notice” of
repudiation of a prior waiver is necessary to enforce a subsequent
breach.
30.
PROHIBITED USE OF MOTORHOME
Motorhome SHALL NOT be modified or used for the following purposes or conditions:
A. To carry persons or property for hire
B. To propel or tow any vehicle, trailer or other object without express
written permission as part of this contract
C.
In any race, test or contest
D. For any illegal purpose
E. To instruct an unlicensed person in the operation of the vehicle
F. To obtain vehicle from Owner by fraud or misrepresentation
G. To carry persons other than in the passenger compartment
H. To load the vehicle beyond its rated capacity, in a manner that causes
damage to the Motorhome due to inadequately secured cargo
I. Carry dangerous or hazardous items or illegal material is STRICTLY PROHIBITED!
J. To operate while impaired or under the influence of alcohol, or any other intoxicant,drugs or narcotics, including prescription medication.
K.
Unless specifically authorized in writing as part of this agreement, prohibits
driving on any roads that are not paved and maintained by the State
L.
Transportation of more people than the number of factory installed restraints,
including children who should be in safety seats
meeting standards
M. Operated by drivers under the age of 25, or by anyone whose driving license
is suspended, expired or revoked
O. When the odometer has been tampered with or disconnected
P. When the fluid levels are low, or it is otherwise reasonable to expect the
Renter to know that further operation would damage the
Motorhome
Q. Access to by either Sitting, standing or lying on the roof of the Motorhome
is specifically prohibited.
R.
To visit, attend, or participate in “Burning Man” events.
31. TERMS AND RATES SUBJECT TO CHANGE WITHOUT NOTICE. Any
additional terms will be disclosed at the time the rental agreement is signed.
We reserve the right to refuse any applicant.
32.
HEADINGS AND TERMS WITHIN AGREEMENT.
The headings contained in this Agreement are for convenience only
and are not intended to vary or supplement the terms of the paragraph which
follows the heading. The headings are not to be given any weight if an
issue arises regarding the interpretation of this Agreement.
33.
MUTUAL EFFORTS. The
parties agree that any rule of construing ambiguities against the drafter shall
have no force and effect.
34.
TIME OF THE ESSENCE.
Because Owner may use or may rent the Motorhome to others, time is of the
essence for the performance of each and every one of Renter’s obligations hereunder. THIS
AGREEMENT CONTAINS: (1) EXCLUSIONS/LIMITATIONS ON RENTER’S RECOVERY OF DAMAGES
FROM THE OWNER (Paragraph 23); (2) INDEMNIFICATION AND HOLD HARMLESS OF THE
OWNER FROM CERTAIN LIABILITIES, INCLUDING OWNER’S OWN NEGLIGENCE (Paragraph 24); (3) SUBMISSION OF ALL DISPUTES TO CALIFORNIA LAW
AND THE COURTS OF THE STATE OF CALIFORNIA (Paragraph 23).
|