1. Definitions. “Agreement” means all terms and conditions found on the “Face Page” and in this Agreement. “You” or “Your” means the person identified as the Customer on the reverse side of this Agreement. “We,” “Us,” or “Our” means FPH Morrie’s Heritage Cars, Inc. “Vehicle” means the automobile or truck identified in this Agreement and each Vehicle We substitute for it, and all its tires, tools, accessories, equipment, keys and documents. The Vehicle may be equipped with global positioning system (“GPS”) technology or another telematics system and/or an event data record and privacy is not guaranteed. The Vehicle is a temporary rental that You have rented from Us for the predetermined period of time found on the Face Page. “Authorized Driver” is the individual with permission to drive this Vehicle. Authorized driver must possess a valid driver’s license, maintain his or her own private automobile insurance as outlined in section 8 below and maintain a clean driving record with no more than two moving violations within the past 5-‐years, none of which can fall under the categories of reckless, careless or driving under the influence (DUI) or of driving more than ten (10) miles over the speed limit. Drivers must be at least 25 years of age, except for those renting exotic and ultra-luxury Vehicles who must be at least 30 years of age. “Loss of use” means the loss of Our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell or transportation of employees. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement. “Charges” mean the fees and charges that are incurred under this Agreement. “Vehicle License Fee” means Our estimate of the average per day per Vehicle portion of Our total annual Vehicle licensing, titling and registration cost. “Rental Period” means the period between the time You take possession of the Vehicle until the Vehicle is either returned to or recovered by Us and checked in by Us.
2. Rental; Consideration; Indemnity and Warranties. This is a contract for the rental of the Vehicle offered to You. Your signature on the Face Page is acceptance of this offer and is acknowledgment that binding consideration exists, as follows: the fee You pay Us, the financial benefits We receive from others to use this Vehicle as a rental, and/or the rights and obligations of this Agreement. We may repossess the Vehicle at Your expense without notice to You if the Vehicle is abandoned or used in violation of law or this Agreement. You will protect, indemnify and save harmless Us from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ fees and expenses) imposed upon or incurred by or asserted against Us by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Vehicle or any part thereof, (b) any use, non-use or condition of the Vehicle or any part thereof, (c) any failure on Your part to perform or comply with any of the terms of this Agreement, (d) any negligent or tortious act on Your part, or (e) exercise by Us of any remedy provided hereunder or at law or equity; provided, however, that nothing herein shall be construed to obligate You to protect, indemnify and save Us harmless from and against liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ fees and expenses) imposed upon or incurred by Us by reason of the negligence or tortious acts on the part of Us or any of Our employees, agents, contractors or licensees. 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 use.
3. Vehicle Pickup, Inspection, Condition. Unless delivery arrangements have been made with one of Our employees, You must pick up the rented Vehicle at Our primary location, located at 710 Pennsylvania Ave S., Golden Valley, MN 55426. A specific pick-up time will be set at the time of reservation. In the event that you are late to your scheduled pick-up you will be charged a $50 per hour for every hour past the agreed upon pick-up time. Prior to taking possession of the Vehicle, You must do an exterior walk-around and interior look over. You must advise Us at the start of Your reservation any observed damage to the Vehicle. Thereafter, during the term of Your use, You must advise Us by phone of any new damage or abnormally encountered damage on the Vehicle or in the operation of the Vehicle that is not noted on the sign-out, damage log. Any damage not noted on the damage log or communicated thereafter, will be assumed caused by You.
4. Problem Reporting and Breakdown. You must be responsive to all warning lights, chimes and other indicators and alerts during the rental period. Inappropriate noises or driving feel, including but not limited to warning lamps, indicators, inappropriate sounds, performance changes or unusual driving feel must be reported to Us, as soon as noted. Failure to report such irregularities during the use of a rental Vehicle may result in immediate termination of this Agreement and You may be held responsible for all resulting damages. All breakdowns involving a Vehicle must be reported to Us via phone at the earliest opportunity. If a problem arises that prevents or limits the use of the Vehicle or might compromise people’s safety, You must immediately notify the club and dispose of the vehicle in a safe manner in accordance with Our instructions.
5. Vehicle Return. You must return the Vehicle to Our office on the date and time specified in this Agreement and leave the keys with an employee who will inspect the Vehicle. Vehicle must be returned with as much fuel as when rented. If the fuel level is not the same as when rented We will charge $5 per gallon to return the Vehicle to this fuel level. You will be responsible for any mechanical damage to the Vehicle that is observed by Us after the car is returned, provided We notify You of such mechanical damage within 5 business days of rental. There will be no refund for Vehicles returned prior to their originally planned due date. If You wish to extend the Rental Period You must return the Vehicle to Our office for inspection and written amendment by Us before the Date Due In. The Vehicle must be returned in the same condition that You received it and must be returned during business hours.
6. Responsibility for Damage or Loss; Reporting to Police. You are responsible for theft of Vehicle and damage to it whether or not You are at fault. You are responsible for damage to the Vehicle caused by weather, road conditions and acts of nature. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if We determine the Vehicle a total loss, the fair market of the Vehicle less salvage; (ii) if We determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage: or (B) the reasonable estimated retail value or actual cost of repair plus Diminished value; (b) Loss of Use, which will be calculated by calculating the Daily Vehicle Rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired (maximum of 14 days under Minnesota Law), which You agree represents a reasonable estimate of Loss of Use damages and not a penalty. The estimated number of days of Loss of Use shall be calculated as follows (assuming all Loss of Use begins on a Monday and that 1 repair day is equal to 4 labor hours): the total number of hours in the repair estimate divided by 4 hours to determine the number of repair days, plus 2 weekend days for every 5 repair days, plus 3 administrative days to obtain a repair estimate, deliver and retrieve the Vehicle for repairs. Loss of Use shall be payable regardless of whether We had other Vehicles in Our fleet to rent, the Vehicle would have been used for the damage, or We suffered lost profits as a result of the damage; (c) towing, storage and impound charges and other reasonable incidental and consequential damages; and (d) all costs associated with enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You also are responsible for replacing missing equipment, Vehicle documents and Vehicle keys. You must report all Vehicle accidents or incidences of theft and vandalism to Us and the police as soon as You discover them.
7. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute material breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose driving license is suspended; (b) by anyone under the influence of alcohol, prescription or non-‐prescription drugs; (c) by anyone who obtained the Vehicle or extended the rental period by giving Us false, fraudulent or misleading information; (d) for an illegal purpose or in the commission of a crime; (e) to carry persons or property for hire; (f) to push or tow anything; (g) in a race, speed contest or timed or closed course driving event; (h) to teach anyone to drive; (i) outside a 300 miles radius of the operations headquarters located at 710 Pennsylvania Ave South in Golden Valley, Minnesota, or the geographic area described anywhere outside this Agreement; (j) on any unpaved surface or otherwise off road; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable for You to expect that further operation of the Vehicle would damage it;(m) where applicable, by anyone who lacks experience driving a Vehicle equipped with a manual transmission; (n) to transport an animal (other than a service animal); (o) to carry more passengers than the number of seat belts; (p) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle or (q) in violation of any Membership Agreement or other agreement between You and Us. Smoking is not permitted in the Vehicle; PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT and the Membership Agreement between YOU and US.
8. Insurance. You are responsible for all damage to, and loss of use of, the Vehicle regardless of fault. IMPORTANT: UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY MUST COVER THE RENTED VEHICLE AGAINST DAMAGE TO, AND LOSS OF USE OF, THE RENTED VEHICLE UP TO AT LEAST $35,000. IF DAMAGE TO RENTED VEHICLE IS COVERED BY THE CUSTOMER’S INSURANCE, PAYMENT BY THE INSURANCE COMPANY WITHIN THE TIME LIMITS PRESCRIBED BY LAW IS ACCEPTABLE AND PRIOR PAYMENT BY THE CUSTOMER IS NOT REQUIRED.
You are responsible for all damages and expense because of bodily injury, death or property damage arising out of the operation or use of the Vehicle. IMPORTANT: UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY MUST EXTEND THE POLICY’S BASIC ECONOMIC LOSS BENEFITS, RESIDUAL LIABILITY INSURANCE AND UNINSURED AND UNDERINSURED MOTORIST COVERAGES TO THE OPERATION AND USE OF THE RENTED VEHICLE.
Our insurance will only protect You against claims for bodily injury, death and property damage if required by the motor vehicle compulsory insurance laws of the state of Minnesota and, if so required, only to the extent of the minimum insurance limits required by law. Our insurance shall be available only after all
other valid and collectable insurance has been exhausted by payment of the full limits and is limited to the amounts required by Minnesota Statute § 65B.49, subd. 5a(i). In addition to any other indemnification obligations on Your part set forth in this Agreement, You shall indemnify and hold Us harmless against all damages and expense because of bodily injury, death or property damage which exceeds insurance available to You.
9. Charges. You permit us to reserve OR set aside against Your payment card at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve to pay all Charges. We will authorize the release of any excess reserve or set aside upon the completion of Your rental, and Your payment card issuer’s rules will apply to Your credit line or Your account being credited for the excess and may not immediately released by Your card issuer. You will pay us all Charges, including: (a) $50 or the maximum amount permitted by law, whichever is greater, if You pay us with a check returned unpaid for any reason; (:b) all expenses We incur recovering the Vehicle if it is not returned to the renting location on the date and time promised; (c) all costs including pre-‐ and post-‐ judgment attorneys’ fees, We incur collecting payment from You or otherwise enforcing Our rights under the Agreement; (d) a 2% per month, late fee on all charges due us that are not paid when due; (e) a reasonable fee not to exceed $350 to clean the Vehicle if it is retuned substantially less clean than when rented; (f) fuel and refueling fee, equal to $5 per gallon, if the Vehicle is returned with less fuel than when rented; (g) a mileage charge based on Our experience if the odometer is tampered with, and (h) towing , storage charges, Tolls, forfeitures, court costs, penalties and all other costs We incur resulting from Your use of the Vehicle during this rental.
10. Your Property. You release us, Our agents, and Our employees from all claims for loss of or damage to personal property that was left with us or carried in the Vehicle. If You fail to claim property left in the Vehicle for more than 30 days We may dispose of that property in a manner that We chose.
11. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees and penalties (each a “Violation”) assessed against You, us or the Vehicle during this rental. If We are notified by charging authorities that We may be responsible for payment of a Toll or Violation, You will pay Us or a processing firm (“Processor”) of Our choosing an administrative fee of $50 for each notification. You authorize Us to release Your rental and payment card information to a Processor for processing and billing purposes. If the Processor or We pay a Toll or Violation, You authorize Us or the Processor to charge all such payments, services fees, and administrative fees to the payment card You used in connection with this rental.
12. Personal Information. You agree that We may disclose personal identifiable information about You to applicable law enforcement agencies or to Our affiliates or third parties in connection with Our enforcement of Our rights under this Agreement.
13. Miscellaneous. No term of this agreement can be waived or modified except by a writing that We have signed or on a form that We provide. This Agreement constitutes the entire agreement between You and us, with the exception of the Membership Agreement that You may have signed to join Our affiliated membership club that supplements the information here. With this exception, all prior representations and agreements between You and Us regarding the use of the Vehicle are void. A waiver by Us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of Your obligations under this Agreement. You waive all recourse against Us for criminal prosecutions We take against You for breach of this Agreement. Our acceptance of payment from You or Our failure, refusal or neglect to exercise Our rights under this Agreement does not constitute a waiver of another provision of this agreement. Unless prohibited by law, You release Us from all liability for consequential, special or punitive damages in connection with this transaction or the reservation of a Vehicle. If a provision of this Agreement is deemed void the other provisions are valid and enforceable.
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