EAGLERIDER TERMS & CONDITIONS
1. RENTAL. I agree to rent from you the
Vehicle listed above and agree to the terms of this Agreement. 2. RETURN OF THE MOTORCYCLE. I will return the Vehicle to your
rental office or other location as specified above on the date and time
indicated opposite “Time Returned” and “Date Returned,” respectively, in the
same condition as when received, ordinary wear and tear from proper use
accepted. I will return the Vehicle sooner upon your demand. Without
limitation to the foregoing, if the Vehicle is returned after closing hours,
I will remain responsible for the loss of and any damage to the Vehicle until
you inspect it upon your next opening for business. Any Vehicle not returned
within four hours of the return time specified may be reported to the police
as stolen. I
waive all claims against you for any consequences ensuing from you making
such report. Failure to return the Vehicle may constitute a crime punishable
to the full extent provided under applicable law. 3. RENTAL CHARGES. I will pay for the length of time
I rent the Vehicle at the time rate indicated. The minimum charge is one
hour. All changes are subject to a final audit. If, upon final audit, an
error is found in an earlier calculation, I will pay any undercharges, and I
will receive a refund for any overcharges, in either case in excess of One
Dollar ($1.00). I am liable for all charges arising from the terms and
conditions of this Agreement. If I have directed a billing for such charges
to be transmitted to another person, firm or organization, such as a charge
card issuer, who or which, upon receipt of your bill, fails to make payment,
I will promptly pay all such charges. I understand that I will be charged the
rate per day for a full day even if I do not have the Vehicle for the entire
day. 4. TAXES. l will pay all sales, use, rental,
and excise taxes, including tax-related surcharges, related to my rental of
the Vehicle. 5. WARRANTIES. I ACKNOWLEDGE, UNDERSTAND AND AGREE
THAT EACH OF YOU AND THE MANUFACTURER OF THE VEHICLES AND ITS AFFILIATES (THE
‘MANUFACTURERS”) HAVE NOT MADE, DO NOT MAKE, AND DISCLAIM ANY REPRESENTATION
OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE VEHICLE,
INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, CAPACITY, CONDITION,
MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. I AGREE
THAT NEITHER YOU NOR THE MANUFACTURERS WILL BE LIABLE TO ME FOR ANY LOSS OR
OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR
ARISING IN CONNECTION WITH, THE VEHICLE, ITS USE, OPERATION OR FAILURE TO BE
MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE VEHICLE. 6. MY REPRESENTATIONS AND PROMISES. I represent to you that (i) I am at least 21 years of age and I am in sound
medical condition; (ii) I understand that unique risks are involved in riding
a motorcycle or other vehicle listed above; (iii) I have at least 1 year
riding experience on, and have been fully trained in the operation of,
motorcycles or other vehicles listed above similar to the size and operating
characteristics of the Vehicle and possess the skill, knowledge, confidence,
and experience on motorcycles or other vehicle listed above similar to the
size and operating characteristics of the Vehicle necessary so as to be able
to operate the Vehicle in a safe manner; (iv) I will not operate the Vehicle
without wearing a D.O.T. certified helmet and proper eye wear and protective
clothing; (v) I possess a valid driver’s license in the state or country of
my permanent residence that qualifies me to operate a motorcycle or other
vehicle with the same rating as the Vehicle; and (vi) I am not under the
influence of alcohol, drugs, other illegal substances, medications,
controlled substances or any prescription or non-prescription drug
(collectively, “Prohibited Substances”) which could impair my judgment or
ability to operate or ride on the Vehicle. I agree that I will not operate or
ride on the Vehicle while under the influence of any Prohibited Substances or
otherwise operate the Vehicle in a manner constituting a Prohibited Act as
described in Section 13 of this Agreement. I am aware and acknowledge that
motorcycle riding and touring on a motorcycle or other vehicle listed above
similar to the size and operating characteristics of the Vehicle are very
hazardous activities and that the safe operation of a motorcycle or other
vehicle listed above similar to the size and operating characteristics of the
Vehicle requires training, experience, maturity and unique skills. I have
inspected the Vehicle, and have found it to be in very good condition.
Additionally, I have had a chance to ask any questions I have about its
maintenance, use and operation, and agree to maintain and operate it as
required in this Agreement. I am satisfied that the Vehicle is in good
operable condition and that I fully understand how to operate or ride on the
Vehicle. I agree that I will drive defensively, and will use lights, horn,
signals, and other safety equipment at all times and within the limits of the
law and my abilities. I will only operate or ride on the Vehicle on public
highways and roads. Without limitation to the foregoing, I understand that
the Vehicle is not allowed on and I agree that I will not operate the Vehicle
on gravel roads, beaches, “logging” roads, and any areas other than paved
public roads. I acknowledge that by operating and/or riding on the Vehicle I
am facing a substantial risk of serious injury or death from an accident that
may or may not be my fault. Notwithstanding this risk, in order to have the
opportunity to ride and operate the Vehicle, I EXPRESSLY AGREE TO ASSUME
THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING DEATH, WHICH I
MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON THE VEHICLE. I acknowledge that it is my
responsibility to determine which helmet size best fits my head and that the
Rental Company is not responsible to determine my proper helmet size. Any
assistance provided by the Rental Company in choosing a proper fitting helmet
are not a substitute for me determining my proper helmet size by trying on
helmets and feeling the fit of the helmet. If the Rental Company has provided
me a helmet, I acknowledge that the Rental Company has provided me with the
helmet size I requested and that the helmet fits me properly and I fully and
completely assume all risk as to the proper fitting of the helmet and agree
to fully and completely release, defend and indemnify the Rental Company and,
in the event J.C. Bromac Corporation is not the
Rental Company, EagleRider, and each of their affiliated companies from and
against any Liabilities (as defined below in this Agreement) in any way
arising in connection with the size, fitting and adequacy of the helmet. I
agree to wear at all times, and, if I am the operator of the Vehicle, I will
require any passengers on the Vehicle to wear at all times, a properly fitted
motorcycle helmet (my own or one provided by Rental Company) that has been
approved by the D.O.T. (or, if outside the U.S.A., the appropriate local
government authority). I AGREE THAT I WILL NOT ALLOW ANY OTHER PERSON (AN
“UNAUTHORIZED USER/PASSENGER”) TO OPERATE THE VEHICLE FOR ANY REASON UNLESS
YOU HAVE, IN WRITING, SPECIFICALLY CONSENTED TO SUCH OPERATION AND SUCH OTHER
PERSON HAS EXECUTED A COPY OF THIS AGREEMENT. I WILL NOT ALLOW ANY OTHER
PERSON (ALSO AN “UNAUTHORIZED USER/PASSENGER”) TO RIDE ON THE VEHICLE FOR ANY
REASON UNLESS HE/SHE IS SPECIFICALLY CONSENTED TO, IN WRITING, BY YOU AND
SUCH OTHER PERSON HAS EXECUTED A COPY OF THIS AGREEMENT OR EXECUTED AND
DELIVERED TO YOU A PASSENGER RELEASE OF LIABILITY FORM (IN A FORM AND SUBSTANCE
APPROVED BY EAGLERIDER AT ITS SOLE DISCRETION) BEFORE I ALLOW THEM TO RIDE ON
THE VEHICLE. 7. INDEMNITY AND WAIVER/RELEASE OF LIABILITY. I ON
MY BEHALF AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND
ASSIGNS (COLLECTIVELY “HEIRS AND ASSIGNS”), IN CONSIDERATION OF THE RENTAL OF
AND/OR THE PERMISSION TO RIDE ON THE VEHICLE WAIVE, RELEASE, DISCHARGE,
COVENANT NOT TO SUE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS YOU AND
THE MANUFACTURERS, AND EACH OF THEIR PARTY’S RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (EACH, A “RELEASED PARTY” AND
COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL DEMANDS,
CLAIMS, DAMAGES, LOSSES, LIABILITIES, ATTORNEY FEES, LEGAL PROCEEDINGS,
WHETHER CIVIL OR CRIMINAL, PENALTIES, COSTS, FINES, OR OTHER SANCTIONS OF ANY
KIND (COLLECTIVELY, “LIABILITIES” or “Liabilities”), THAT MAY BE INCURRED BY
OR ACCRUE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING IN ANY RESPECT TO: a. THE RENTAL, USE OR OPERATION OF THE VEHICLE BY
ME OR ANY OTHER PERSON; b. IF APPLICABLE, MY PARTICIPATION IN A MOTORCYCLE
TOURING EVENT (THE “TOUR”) CONDUCTED BY YOU OR YOUR AGENTS OR
REPRESENTATIVES; or c. ANY ASPECT OF THE RECEIPTS OR OTHER MATERIALS PROVIDED
TO ME IN THE RENTAL PROCESS; or d. ANY EFFORTS YOU MAKE TO COLLECT AMOUNTS
OWED, OR OTHERWISE TO ENFORCE THIS AGREEMENT. THIS INDEMNITY AND WAIVER AND
RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY ALLEGED INJURY, DAMAGE OR
LOSS TO MY PERSON, RIGHTS OR PROPERTY (“ALLEGED INJURY”) WHICH MAY BE CAUSED
BY ANY ACT, OR FAILURE TO ACT BY ANY RELEASED PARTY, BY ANOTHER PARTICIPANT
ON A TOUR, OR ANY OTHER PARTY. THIS INDEMNITY AND WAIVER AND RELEASE WILL
APPLY TO ANY ALLEGED INJURY SUSTAINED BY ME BEFORE, DURING, OR AFTER THE
RENTAL, INCLUDING BUT NOT LIMITED TO ANY ALLEGED INJURY RELATED TO THE
DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF THE VEHICLE OR THE
CONDITIONS UNDER WHICH THE VEHICLE IS USED, AND ANY ALLEGED INJURY RESULTING
FROM OR CAUSED BY ANY ACT OR OMISSION CONSTITUTING A BREACH OF MY OBLIGATIONS
UNDER THIS AGREEMENT AND/OR ANY OTHER AGREEMENT BY AND BETWEEN ME AND YOU. I
ACKNOWLEDGE AND UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMNIFICATION
EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL CLAIMS I OR ANY OF MY
HEIRS AND ASSIGNS HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT
OF THE RENTAL, THE USE AND/OR THE OPERATION OF THE VEHICLE, OR ANY USE BY ANY
OTHER PERSON OF THE MOTORCYCLE, INCLUDING WITHOUT LIMITATION ALL SUCH CLAIMS
RESULTING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR ARISING FROM STRICT
PRODUCT LIABILITY OR RESULTING FROM ANY BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY BY AND ANY RELEASED PARTY. I SPECIFICALLY INTEND THIS RELEASE TO BE
ENFORCEABLE REGARDLESS OF WHETHER SUCH CLAIMS NOW EXIST OR HEREAFTER ARISE OR
ARE KNOWN OR UNKNOWN, CONTINGENT OR ABSOLUTE, LIQUIDATED OR UNLIQUIDATED OR FORESEEN OR UNFORESEEN OR
ARISE BY OPERATION OF LAW, UNDER A STATE, FEDERAL OR LOCAL LAW OR REGULATION,
OR OTHERWISE; PROVIDED HOWEVER, THIS INDEMNITY AND WAVIER AND RELEASE DOES
NOT RELEASE YOU FROM ANY LIABILITY THAT IS CAUSED BY YOUR INTENTIONAL
MISCONDUCT OR FROM ANY OTHER LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED
BY ME UNDER APPLICABLE LAW. WITHOUT LIMITATION TO THE FOREGOING, I AGREE THAT
IF FOR ANY REASON ANY UNAUTHORIZED USER/PASSENGER VIOLATION SHOULD OPERATE OR
RIDE ON THE VEHICLE IN VIOLATION OF THE TERMS OF SECTION 6 ABOVE (AN
“UNAUTHORIZED USER/PASSENGER VIOLATION”), I AGREE TO RELEASE, WAIVE,
DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY, DEFEND AND HOLD THE
RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES THAT MAY IN ANY WAY
ACCRUE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING IN ANY RESPECT TO THE UNAUTHORIZED USER/PASSENGER VIOLATION,
INCLUDING, BUT NOT LIMITED TO, ANY LIABILITIES RELATING TO ANY INJURY OR
DEATH TO THE UNAUTHORIZED USER/PASSENGER. I ACKNOWLEDGE AND UNDERSTAND THAT
BY SIGNING THIS RELEASE I AND MY HEIRS AND ASSIGNS AGREE NOT TO SUE ANY OR
ALL OF THE RELEASED PARTIES FOR ANY INJURY OR DEATH TO MYSELF, MY RIGHTS OR
OTHER PROPERTY, OR TO ANY OTHER PERSON OR SUCH PERSON’S PROPERTY RESULTING
FROM OR ARISING OUT OF MY RENTAL, MY USE OR OPERATION OF THE VEHICLE, OR ANY
USE BY ANY PERSON OF THE VEHICLE. I ACKNOWLEDGE THAT I AM AWARE OF THE EFFECT
OF THIS WAIVER, RELEASE AND INDEMNIFICATION THAT IS THE SUBJECT OF THIS
SECTION 7 AND FULLY UNDERSTAND THE EFFECT OF SUCH WAIVER, RELEASE AND
INDEMNIFICATION, AND AGREE TO WAIVE AND RELEASE ON MY BEHALF AND ON BEHALF OF
MY HEIRS AND ASSIGNS ALL BENEFITS FLOWING FROM ANY STATE, FEDERAL OR LOCAL
LAWS, RULES, STATUTES OR REGULATION WHICH WOULD OTHERWISE LIMIT THE SCOPE OF
SUCH WAIVER AND RELEASE, INCLUDING, BUT NOT LIMITED TO, SECTION 1542 OF THE
CALIFORNIA CIVIL CODE THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO
THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTIES.” TO
THE EXTENT THAT THE SCOPE OF THIS RELEASE OF LIABILITY IS UNENFORCEABLE IN
ANY JURISDICTION, SUCH SCOPE WILL, AS TO SUCH JURISDICTION ONLY, BE DEEMED
AMENDED TO THE MINIMUM EXTENT NECESSARY TO MAKE THIS RELEASE ENFORCEABLE IN
SUCH JURISDICTION, WITHOUT INVALIDATING ANY OTHER PORTION OF THIS RELEASE OF
LIABILITY. 8. OWNERSHIP AND USE. You are the owner of the Vehicle,
and neither I nor anyone else will acquire any interest in the Vehicle by
reason of this Agreement, except my right to possess and use the Vehicle as
renter for the time period indicated and in accordance with this Agreement. I will not operate the Vehicle
outside the continental United States unless given express written permission
by you to do so. I will comply with all laws, ordinances or governmental
rules and regulations relating to the use and operation of the Vehicle. I will check and monitor all
appropriate levels, including the engine oil and other fluids at each
refueling and report any mechanical failures to you immediately. I will not service the Vehicle,
repair the Vehicle,
or replace any part or accessory of the Vehicle, during the
rental period without your prior approval or such actions are at my
risk and expense. I will keep the Vehicle locked while unattended. In
case of an accident involving the Vehicle, I will call 911 and notify the
police and you immediately. If I am involved in an accident, I
understand that the Vehicle will not be replaced, and this Agreement will
automatically be terminated without refund, unless a traffic citation has
been issued to the driver of another vehicle or to a person other than me or
the additional renter specified above, naming such individual as the cause of
the accident. 9. DAMAGE; LOSS OF MOTORCYCLE. I understand and agree that I am
fully liable and responsible for the condition of the Vehicle on its return.
Without limitation to the foregoing, if the Vehicle is stolen or damaged
irrespective of my lack of negligence or intentional misconduct, I understand
and agree that, subject to my purchase of additional insurance coverage under
the terms of the Insurance & Damage Waiver Addendum attached hereto (the
“Addendum”), I will pay to you the sum of (a) its retail fair market value
before theft or damage less its salvage value (“Adjusted Retail FMV”), unless
the sum of (i) your repair cost plus (ii) the
reduction of the Vehicle’s value after repairs (which sum is referenced to as
the “Adjusted Repaired FMV”) is greater than the Adjusted Retail FMV, in
which case, I will pay the latter amount; plus (b) an amount reimbursing you
for Loss of Use of the Vehicle based on reasonable downtime or as specified
by law (except for theft where the Vehicle is not recovered) and plus (c) all
towing and storage charges, all of which are referred to herein as the
“Loss.” If I believe my responsibility for the Loss is covered by my own
insurance or my charge card issuer, but without releasing me of my
obligations as provided herein, I will provide you my insurer and policy
number or card issuer and its insurer and I will authorize you to collect the
Loss directly from the insurer. Again, without relieving me of my obligations
as provided herein, I also authorize you to collect the Loss directly from a
third party responsible for the Loss. You will refund any sum you collect in
excess of the Loss. Without releasing me of any obligation as described
above, I understand and agree that the security deposit will be returned to
me only if the Vehicle is returned in the same condition that I received it,
except for ordinary wear. If the Vehicle is returned in a damaged condition
(including without limitation, damage resulting from failure to maintain
proper oil and fluid levels), I agree to pay you for all damage to the
Vehicle, all parts and labor charges incurred to repair such damage and all
Loss of Use as a consequence of such damage. I further acknowledge and agree
that you have the right to deduct from my security deposit the amount of all
such damage and that I will be responsible for the amount by which the amount
of such damage exceeds the security deposit. 10. FUEL SERVICE CHARGE. I will pay a fuel service charge
if I return the Vehicle with less fuel than when rented. This charge will be
the rate per gallon as specified above multiplied by the number of gallons
required to refuel the tank. I acknowledge that the fuel service charge is
not a retail sale of fuel. 11. OTHER CHARGES. I agree to pay you all of the
following charges that may come due: (i) all fines,
penalties, forfeitures, court costs and other expenses (including, without
limitation, recovery of expenses for parking, traffic and other violations,
including storage liens and charges) that may be assessed against you but
which are due by reason of my care, custody, control, possession, operation
or use of the Vehicle; (ii) your costs, including reasonable attorneys’ fees
and court costs through trial and appeals, paralegal fees, incurred in
collection of any and all charges due from me to you pursuant to this
Agreement; (iii) unless the vehicle is stolen or destroyed, if I do not
return the Vehicle on the date and time specified above, an overtime charge
of Fifty Dollars ($50.00) per hour or part thereof; (iv) if I have agreed
with your consent, to return the Vehicle to another location, the One-Way
Service Fee specified on the front of this Agreement under “Rental Charges”;
(v) if I fail to return the Vehicle to the return location indicated above
opposite “Place Out,” without your written permission, or if you elect to
repossess the Vehicle in accordance with the terms of this Agreement, Fifty
($50.00), plus $5.00/mile for every mile between the renting location and the
place where the Vehicle is returned or abandoned, plus all other expenses you
may incur in locating and recovering the Vehicle; (vi) a reasonable fee, not
to exceed Forty Dollars ($40.00) to the extent you reasonable deem it
necessary to clean the Vehicle upon my return for excessive stains, dirt or soilage attributable to my use; (vii) all costs,
including pre- and post-judgment attorney fees, you incur collecting payment
from you or otherwise enforcing our rights under this Agreement; (viii)
Twenty-five Dollars ($25.00) or the maximum amount permitted by law,
whichever is greater, if I pay you with a check returned unpaid for any
reason and/or (ix) all other costs, expenses and/or charges incurred by you
in connection with any misrepresentations under and/or breach the terms or
conditions of this Agreement. You may retain the security deposit and other
funds paid by me to you to the extent necessary (a) to reimburse you for any
costs, expenses and/or charges` incurred by you in connection with such
misrepresentation or breach or (b) to pay you for any amounts I owe you under
the terms of this Agreement. 12. PROHIBITED USE OF THE MOTORCYCLE. I will not use or permit the
Vehicle to be (i) used, operated or driven by any
person other than me or the Additional Authorized Driver(s)specified above;
(ii) to carry passengers or property for hire; (iii) to tow or push anything;
(iv) to be operated in a test, race or contest or on unpaved roads; (v) to
instruct an unlicensed person in the operation of the Vehicle; (vi) while I
am under the influence of alcohol or a controlled substance, or a
prescription or non prescription drug which could impair the operator’s
ability to operate the Vehicle; (vii) for an illegal purpose, including, but
not limited to, the transportation of a controlled substance or contraband
and/or (viii) used in a manner constituting a Prohibited Act as described in
Section 13 below. A violation of any of the provisions of this Section will
entitle you, at your option, to immediately terminate this Agreement and the
rental of the Vehicle and I agree to indemnify you for all Liabilities, Loss
fines, forfeitures, liens and recovery and storage costs, including all
related legal expenses in any way arising in connection with such violations. 13. LIABILITY INSURANCE. I understand that anyone operating
the Vehicle as permitted by this Agreement will be afforded coverage with a
liability insurance Policy the “Policy”), made available by you through third
party insurers, against liability for causing bodily injury or death to
others or damaging the property of someone other than the operator and/or the
Renter only up to the minimum financial responsibility limits
required by applicable law of the State in which I picked up the Vehicle (the
“Required Minimum Amount”). Where the law extends coverage to a non-permitted
operator, the same limits will apply. I understand and agree that you can
provide coverage under a certificate of self-insurance or an insurance
policy, or both, as you choose. In any case, I acknowledge and agree that a
copy of the Policy and/ or certificate has been made available for my
inspection at the office from which I picked up the Vehicle. In the event of
any inconsistency or conflict between the terms of the Policy and this
Agreement, the terms of the Policy shall be deemed controlling and shall
supersede the terms of this Agreement, which Agreement shall be deemed
amended so as to be consistent with the terms of the Policy. Without
limitation to the foregoing, I understand and agree that the coverage provided
by the Policy is subject to all of the conditions and exclusions of a
standard vehicle liability insurance policy, including all requirements as to
notice and cooperation on my part, all of which are made a part of this
Agreement. THE FOREGOING INSURANCE COVERAGE PROVIDED BY YOU
WILL BE EXCESS OVER ANY APPLICABLE INSURANCE AVAILABLE TO ME OR ANY OTHER
OPERATOR, FROM ANY OTHER SOURCE, WHETHER PRIMARY, EXCESS, SECONDARY OR
CONTINGENT IN ANY WAY. I understand and agree that my own motor vehicle
insurance or credit card agreement may cover any damage or loss to the
Vehicle. IN THIS REGARD, I UNDERSTAND THAT I AM RESPONSIBLE
FOR ALL DAMAGES OR LOSSES I CAUSE TO OTHERS AND THAT I AGREE TO PROVIDE
LIABILITY, COLLISION AND COMPREHENSIVE INSURANCE COVERING ME, YOU AND THE
VEHICLE AND THAT MY INSURANCE IS PRIMARY TO THE POLICY AND ANY OTHER
INSURANCE YOU MAY MAINTAIN. I understand that you will not
provide (i) coverage for fines, penalties, punitive
or exemplary damages; (ii) coverage for bodily injury to, or death of, me
while not an operator, or any member of my family or the operator’s family;
(iii) defense against any claim after applicable limits of coverage that you
furnish have been tendered; or (iv) supplementary no fault and/or personal
injury protection insurance, non-compulsory uninsured or underinsured
motorist coverage, and any other optional or rejectable
coverage, and you and I reject all such coverages
to the extent permitted by law. In the event any of these coverages
are required by law in connection with the rental of the Vehicle, the
coverage limits will be the minimum required under such law. I UNDERSTAND AND AGREE THAT
EXCEPT AS REQUIRED BY APPLICABLE LAW AND/OR AS EXPRESSLY PROVIDED OTHERWISE
UNDER THE TERMS OF THE POLICY, I WILL NOT BE COVERED BY THE POLICY AND/OR ANY
CDW AND/OR ADDITIONAL LIABILITY INSURANCE COVERAGE AS DESCRIBED IN SECTION 14
BELOW IN THE EVENT ANY INJURY, DEATH OR DAMAGE: (A) IS CAUSED BY ANYONE WHO
IS NOT AN AUTHORIZED DRIVER, OR BY ANYONE WHOSE MOTORCYCLE DRIVING LICENSE IS
SUSPENDED IN ANY JURISDICTION; (B) IS CAUSED BY ANYONE UNDER THE INFLUENCE OF
ANY PROHIBITED SUBSTANCES; (C) IS CAUSED BY ANYONE WHO OBTAINED THE VEHICLE
OR EXTENDED THE RENTAL PERIOD BY GIVING YOU FALSE, FRAUDULENT OR MISLEADING
INFORMATION; (D) OCCURS WHILE THE VEHICLE IS USED IN FURTHERANCE OF ANY
ILLEGAL PURPOSE OR UNDER ANY CIRCUMSTANCE THAT WOULD CONSTITUTE A VIOLATION
OF LAW, OTHER THAN A MINOR TRAFFIC VIOLATION; (E) OCCURS WHILE PUSHING OR
TOWING ANYTHING, OR IN ANY RACE, SPEED TEST OR CONTEST, OR WHILE TEACHING
ANYONE TO DRIVE A MOTORCYCLE; (F) OCCURS WHILE CARRYING DANGEROUS OR
HAZARDOUS ITEMS OR ILLEGAL MATERIALS IN OR ON THE VEHICLE; (G) OCCURS OUTSIDE
THE GEOGRAPHIC LIMITATIONS INDICATED ON THIS AGREEMENT; (H) OCCURS AS A
RESULT OF DRIVING THE VEHICLE ON UNPAVED ROADS; (I) OCCURS AND THE ODOMETER
HAS BEEN TAMPERED WITH OR DISCONNECTED; (J) OCCURS WHEN THE VEHICLE’S FLUID
LEVELS ARE LOW, OR IT IS OTHERWISE REASONABLE TO EXPECT ME TO KNOW THAT
FURTHER OPERATION WOULD DAMAGE THE VEHICLE; (K) IS A RESULT OF MY WILLFUL,
WANTON OR RECKLESS ACT; (L) OCCURS AND I FAIL TO SUMMON THE POLICE TO ANY
VEHICLE ACCIDENT INVOLVING PERSONAL INJURY OR PROPERTY DAMAGE; AND/OR (M)
OCCURS AS A RESULT OF MY MAKING ANY MISREPRESENTATIONS UNDER AND/OR OTHERWISE
BREACHING THE TERMS OR CONDITIONS OF THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, THE TERMS OF SECTIONS 6, 8 AND/OR 12 ABOVE (COLLECTIVELY, (A)
THROUGH (M), THE “PROHIBITED ACTS” or “Prohibited Acts”). I AGREE TO
INDEMNIFY YOU AND, IN THE EVENT J.C. BROMAC CORPORATION IS NOT LISTED AS THE
RENTAL COMPANY, EAGLERIDER FROM ALL LIABILITIES IN ANY WAY ARISING IN
CONNECTION WITH ANY PROHIBITED ACTS. I understand that passengers are
not covered for personal injury under your liability insurance and therefore
ride at their own risk. I acknowledge responsibility for any passengers I
carry on the Vehicle and agree to fully and completely indemnify you and, if
J.C. Bromac is not listed as the Rental Company,
EagleRider, from any Liabilities. 14. AVAILABILITY OF ADDITIONAL LIABILITY INSURANCE.
As
set forth on the Addendum, I may purchase CDW and additional liability
insurance coverage. In the event I so purchase said additional liability
insurance coverage, the coverage so purchased by me will be primary and the
combined limits of liability protection will be as set forth in such Addendum
and the documents referred to therein. The additional coverage will be
provided under a separate policy of excess liability insurance more fully
described in the available brochure and is subject to all
of the conditions and limitations described in the Addendum and Section 13
above, except
that notwithstanding anything contained in this Agreement to the contrary, IN THE EVENT OF ANY
INCONSISTENCY OR CONFLICT BETWEEN THE TERMS OF SUCH POLICIES FOR ADDITIONAL
COVERAGE AND THIS AGREEMENT, THE TERMS OF SUCH POLICIES SHALL BE DEEMED
CONTROLLING AND SHALL SUPERSEDE THE TERMS OF THIS AGREEMENT, WHICH AGREEMENT
SHALL BE DEEMED AMENDED SO AS TO BE CONSISTENT WITH THE TERMS OF SUCH
POLICIES. I
understand that if I have purchased additional liability insurance or CDW
under the Addendum, the coverage of such additional liability insurance
and/or the waiver of your right to collect from me a portion of any damages
to the Vehicle as afforded me under the terms of such additional liability
insurance and/or CDW will not be applicable and you will not be required to
waive such right in the event such damages are the result of any Prohibited
Acts. Notwithstanding the foregoing, I understand and agree that any additional
liability insurance and/or CDW purchased by me shall not be applicable in
connection with any damages or liabilities incurred in connection with
operating the Vehicle and/or being in Death Valley, California during the
period commencing as of June 1 and terminating as of September 30. 15. INDEMNIFICATION. I agree to indemnify you and, if
J.C. Bromac is not listed as the Rental Company,
EagleRider for any loss, liability and expense that any of you incur arising
out of any breach of any representation, warranty, covenant, agreement or
obligation made by me in this Agreement and/or any documents, instruments or
releases expressed herein. 16. REPOSSESSING THE VEHICLE. I understand and
agree that you can repossess the Vehicle anytime it is found illegally
parked, unlocked, being used to violate the law or the terms of this
Agreement, or appears to be abandoned. You can also repossess anytime you
discover that I made a misrepresentation in the Agreement or in any other
document to obtain the Vehicle. I waive, to the extent permitted by
applicable law, any and all rights to prior notice and/or hearing prior to
the repossession of the Vehicle by you, your employees, agents or
contractors. 17. COLLECTIONS. All charges, fees and expenses,
including payment for loss or damage to the Vehicle are due at your demand.
If I do not pay all charges when due, I agree to pay a late charge on the
past due balance equal to the lesser of 1½% per month and the maximum rate
permitted by law. In addition, I will pay any collection costs, including
your reasonable attorney’s fees, if I fail to pay, when due, any amount due
in under the terms of this Agreement. 18. CHARGE CARD. I acknowledge that I have been
informed that my credit card company may charge, set aside or reserve an
amount up to the estimated total charges due under this Agreement, and I
hereby expressly consent to the reservation or settling aside of that amount.
My signature hereon authorizes you to charge the charge card I presented to
you for payment, for any and all other charges arising from the terms and
conditions of the Agreement. 19. PROPERTY IN THE VEHICLE. You are not responsible for the loss
or damage to any property left, stored, or transported by me, or any other
person, in or upon the Vehicle, or on your premises, or received or handled
by you, either before or after the return of the Vehicle, regardless of who
is at fault. I will indemnify you and, in the event J.C. Bromac
is not listed as the Rental Company, EagleRider from and against any and all
claims, demands, and/or causes of action brought by others for any such loss
or damage. 20. NO ASSIGNMENT. I will not sell, transfer, assign,
sublease, or transfer any of my interest in this Agreement or the Vehicle and
any such attempted assignment, sublease or transfer is void and of no effect. 21. EAGLERIDER PRIVACY POLICY. I acknowledge and agree that I
have been provided a copy of and have reviewed, accepted and approved the
terms and conditions of EagleRider’s Privacy
Policy. 22. DISPUTE RESOLUTION. a. Subject to the exception listed
below in this Paragraph 22a, the validity and interpretation of the Agreement
and the rights and obligations of the parties shall be governed in all
respects by the laws of (i) California, in the
event EagleRider is the Rental Company or (ii) state of the Vehicle pick-up
location, in the event EagleRider is not the Rental Company. Notwithstanding
the foregoing, the arbitration clause set forth below shall be exclusively
governed by and should be construed in accordance with the Federal
Arbitration Act. b. Any dispute, controversy or claim arising out of, or
relating to, this Agreement, any related agreement and/ or any of the
transaction(s) and/or the performance or failure to perform any obligations
contemplated by this Agreement (individually a “Dispute”, collectively, the
“Disputes”) must be determined by binding arbitration in Los Angeles County,
California (the “Venue”), under the rules for commercial arbitration of the
American Arbitration Association (the “Rules”), except to the extent that the
express provisions of this Agreement vary the Rules. Disputes include, but
are not limited to, actions for breach of contract, claims based upon tort
and/or any other causes of action, including, but not limited to, claims
based upon applicable federal or state statute. If the Dispute is for an
amount not in excess of $100,000, the arbitration shall be conducted by one
arbitrator selected by the parties hereto in accordance with the Rules. If
the Dispute is for an amount in excess of $100,000, the arbitration shall be
conducted by a panel of three arbitrators, one selected by you and one by me
and the third to be selected jointly by the two arbitrators designated by the
parties hereunder from a list of six arbitrators provided by the American
Arbitration Association. This arbitration clause shall not deprive either
party of any right it may otherwise have to seek provisional injunctive
relief from a court of competent jurisdiction. There shall be no discovery
beyond that required for an arbitration proceeding by applicable state law,
unless the parties mutually agree otherwise by a writing signed by officers
of the parties or the arbitrator determines that manifest injustice would
occur without carefully limited additional discovery. The arbitrator shall
have no power to make any award that modifies or suspends any lawful
provision of this Agreement and must provide a reasoned award. Judgment on
any award may be entered by any court of competent jurisdiction. The
arbitrator shall not have power to award damages in connection with any
Dispute in excess of actual compensatory damages and shall not award punitive
or similar damages. Each party shall bear its own fees and expenses with
respect to the arbitration and any proceeding related thereto and you, on the
one hand, and I, on the other hand, shall share equally the fees and expenses
of the arbitrator. Any arbitration or litigation between me and you shall be
conducted on an individual basis and not on a consolidated or class-wide
basis. The award rendered by arbitration shall be final and binding upon the
parties, and the judgment upon the award may be entered in any court of
competent jurisdiction in California. This provision shall not prevent either
party from seeking injunctive relief from a court of competent jurisdiction
in California, pending the initiation or outcome of the arbitration or from
bringing an action in such court to compel arbitration under this Agreement
and/or to enforce any arbitration award. c. Except as expressly provided
otherwise in this Section 22, no party hereto shall initiate or prosecute any
civil litigation or administrative action in any way related to any Dispute;
provided, however, to the extent so permitted under this Section 22, each of the parties hereby (1)
irrevocably and unconditionally submits to exclusive jurisdiction of the
courts of the State of Los Angeles with respect to any and all actions or
proceeding to be litigated under or pursuant to this Agreement; (2) agrees
that all claims with respect to any such action or proceeding shall be heard
and determined in such Los Angeles State court and agrees not to commence any
action or proceeding relating to this Agreement except in such court, (3)
irrevocably and unconditionally waives any objection to the laying of venue
of any action or proceeding arising out of this Agreement, and irrevocably
and unconditionally waives the defense of an inconvenient forum, (4) agrees
that a final judgment in any such action or proceeding shall be conclusive
and may be enforced n any other jurisdictions by suit on the judgment or in
any other manner provided by law. 23. MISCELLANEOUS/ENTIRE AGREEMENT. The paragraph headings are
inserted in the Agreement for convenience of reference and shall not affect
the meaning or interpretation of this Agreement. This Agreement constitutes
the entire Agreement between me and you. It supersedes all earlier or contemporaneous
oral or written communications or representations of any kind, expressed or
implied, and I am not relying upon any such communications or representations
in entering into this Agreement. If any of the provisions of this Agreement
are determined to be void, invalid or unenforceable in part, the remaining
provisions, and the enforceable portions of any partially unenforceable
provisions, shall nevertheless be binding and enforceable to the maximum
extent possible for the interpretation and enforcement of this Agreement. 24. NO CHANGES OR WAIVER. No provisions of this Agreement
may be modified, waived or discharged except by a writing signed by your
authorized representative. No waiver by either party hereto at any time of
any breach by the other party hereto of, or failure to be in compliance with,
any condition or provision of this Agreement to be performed by such other
party, shall be deemed a waiver of any other breach or failure. |