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AGREEMENT


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). 

 


 


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