RENTAL CONTRACT AGREEMENT
This agreement, entered into and effective as of ______ at ______, is between __________________ of ____________, ______ referred to as Renter, and Silver Lake Buggy Rentals of 8288 W. Hazel Road, Mears, MI 49436, referred to as Owner.
Owner leases to Renter and Renter leases from Owner the recreational vehicle described as Vehicle No. ______ referred to as the vehicle, subject to the following terms and conditions:
1. Return of Vehicle -The vehicle remains the property of the Owner and failure to return it at the agreed time may constitute larceny, subjecting Renter to the penalties thereof.
2. Use of Vehicle - Renter agrees to use the vehicle only within the areas approved and designated for such recreational use within the Silver Lake State Park. Renter represents, further, that he/she is a person over the age of 18, and has in his/her possession an unrevoked license to operate automobiles issued by a state or territory within the United States. Renter represents that he/she has not been involved in a traffic accident in the last three years in which Renter's fault was at least a partial cause thereto, and has not been arrested in the last 3 years for any activity relating in any way to the operation of a motor vehicle.
3. Safety - Renter acknowledges that he/she has carefully reviewed all safety materials provided to Renter by Owner. Renter represents, further, that he/she has viewed the film on proper vehicle safety played by Owner, and that Renter fully understands all safety instructions including the materials provided to Renter and the safety film. Renter agrees to follow all safety instructions set forth in the above mentioned materials, and realizes that any failure on his/her part to follow such instructions will constitute a breach of agreement.
4. Inspection - Renter acknowledges that he/she has carefully examined the vehicle and finds it suitable for the purpose for which it was leased: that he/she will periodically examine the vehicle, including tires, and maintain it in a safe, dependable condition while in his/her custody; that if any defect is discovered he/she will immediately obtain instructions from Owner; that no repairs are to be made without Owner's permission;. and that Renter's continued use of the vehicle will be at his/her own risk and thus he/she assumes the liabilities of injury, both to himself/herself and to third persons.
5. Operation - Renter agrees not to use, or permit the use of, the vehicle for any unlawful purpose: to drive in a careless or negligent manner, nor drive while under the influence of liquor or narcotics, nor by any person except those signatory to this agreement. Renter shall not use or permit the use of the leased vehicle in a negligent or improper manner or in violation of any law, or so to avoid any insurance covering the vehicle, or permit the vehicle to become subject to any lien, charge, or encumbrance.
6. Responsibility - Renter acknowledges his/her responsibility, as bailee, and will hold Owner harmless from any and all fines, forfeitures and penalties arising out of any violation of law; that Owner shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunctioning of the vehicle. Renter further agrees to hold the Owner harmless should damage occur to any of Renter's personal property while carried in, or on, the vehicle, such property including loss or damages caused by fire, water and theft. Renter further agrees to indemnify and hold harmless the Owner from, and against any and all claims for loss of or damage to property or injury to persons (including death and permanent disability) resulting through the use, operation or possession of the vehicle.
7. Security Deposit -Renter shall deposit with Owner the sum of $750.00 as security for the performance by Renter of the terms and conditions of this agreement. If Renter fully complies with all terms, the deposit will be refunded to Renter on termination of the lease. Should Renter fail to comply with any of the terms, the deposit may be applied by the Owner to payment of the costs and expenses, including attorney's fees, incurred by Owner as a result of the default; the deposit, however, will not be considered as payment for rental payments due, nor will it release Renter from the obligation to make rental payments or from any of the obligations assumed by Renter.
8. Damage - Renter is responsible for and agrees to pay Owner the fair market value for replacing and/or repairing damage to the vehicle, including: loss of use, claim administration fees, diminishment of value, towing, storage or impound fees, and costs incurred by Owner to recover the vehicle and to establish damages, regardless of fault or negligence of the Renter or any person, and regardless if damages are the result of an act of God.
9. Liability - Section 257.401 of the Michigan Compiled Laws provides that the Owner is liable only up to $20,000 because of bodily injury or death to one person in any one accident and $40,000 because of bodily injury or death to two or more persons in any one accident, and only if the vehicle is operated by the Renter, other authorized driver, or by the Renter's spouse, father, mother, brother, sister, son, daughter, or other immediate family member. And, that the Renter may be liable to the Owner up to these amounts and to an injured person for amounts awarded in excess of these amounts.
The Owner provides no bodily injury or property damage liability insurance or coverage to Renter or any other operator or user for bodily damage to Renter, operator, user, passengers or any third party. Renter agrees to defend, and indemnify Owner from any claims, liabilities, costs and expenses arising from the Renter or other operator's use, operation or possession of the rented vehicle up to the amounts provided for above, and acknowledges liability to injured parties for amounts awarded in excess of the amounts stated above. Renter also remains fully responsible for all property damages of any nature caused to or by the rental vehicle.
10. Accidents - Accidents must be immediately reported in writing to the office where the vehicle was rented and in any event within 24 hours after the accident. Renter must immediately deliver to the office from where the vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings. The Renter shall not aid any claimant but shall cooperate fully with the Owner in all manners connected with any claims or suits.
11. Theft - If the vehicle is stolen from the possession of the Renter, Renter shall immediately report the loss to the local police authorities and notify Owner. Renter assumes the burden of firmly establishing the loss, and must return the keys to the Owner.
12. Late Fees - Renter agrees to return the vehicle to the Owner's place of business, including all related equipment, in the same condition as when received, ordinary wear and tear excepted. Late fees will be assessed, as posted in Owner's office, at a rate of $20 for every 15 minutes late that the vehicle is returned. Returning the vehicle earlier than scheduled will not result in credit or refund. Calls regarding late return of the rented vehicle(s) must be made during normal work hours as posted in Owner's office.
13. Availability - Owner's ability to provide a rental vehicle, if reserved, is contingent upon and subject to the return of that vehicle by the previous renter, and to accidents and other causes beyond Owner's control.
14. Renter Status - It is expressly agreed that Renter is not the agent, servant or employee of the Owner in any manner, whatsoever. It is further agreed that all fights and liabilities arising out of this contract shall be determined by the laws of the State of Michigan.
15. Legal Action - Renter expressly agrees to indemnify and hold Owner harmless of, from, and against any and all loss, costs, damages, attorney's fees and/or liability in connection with the enforcement of this Agreement, including among other things expenses incurred in collecting or attempting to collect delinquent payments due Owner. In the event that legal action taken by Owner to recover possession of the vehicle and/or to enforce any of the terms, conditions and/or provisions hereof, Renter agrees to pay all costs and reasonable attorney's fees of Owner included in connection therewith. Proper venue of any action hereunder shall be in the county of Owner's primary residence.
16. Fees - Renter agrees to pay any fees or taxes that may be imposed with respect to the vehicle by any constituted governmental authority as the result of Renter's use or intended use of the vehicle.
17. Waivers - Failure of Owner in any one or more instances to insist on the performance of any of the terms of this agreement, or to exercise any right or privilege conferred in this agreement, or the waiver of any breach of any terms of this lease shall not thereafter be construed as a waiver of the terms, which shall continue in force as if no such waiver had occurred.
18. Warranty - There are no warranties, expressed or implied, by Owner to Renter, except as contained in this agreement, and Owner will not be liable for any loss or damage to Renter, not to anyone else, of any kind and however caused, whether by Renter's rented vehicle, its repair, maintenance, or equipment.
19. Description - This agreement is one of rental only and Renter does not acquire any right, title, or interest to the leased vehicle other than the right of possession accorded a Renter.
20. Michigan Law - This agreement is to be governed by and construed under Michigan laws.
21. Binding - This agreement is binding on and will inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto.
22. Terms/Conditions - Renter acknowledges that he/she enters into this contract with full understanding of all terms and conditions and that this agreement contains the entire understanding between Owner and Renter and no other representations or inducements, verbal or written, have been made which are not set forth herein.
23. Agreement - Renter is leasing the above mentioned vehicle from Owner at a rate of ______ per ______. Renter paid Owner $50 when executing this agreement. This amount, less that portion representing the security deposit under paragraph (7), represents the current amount due under this lease agreement. This paragraph shall not be read to shelter Renter from further liability stemming from violations of this agreement or any other cause. In other words, this payment, less security deposit, represents only that total due when assuming that Renter fully abides by this agreement and returns the vehicle on time, in the same condition as when originally leased by Renter, ordinary wear and tear excepted.
Renter signature: _____________________________ Date: _____________________________
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