1. Definitions. “Agreement” means all terms and conditions found on both sides

of this form and on any other documents we give You at the time of rental. “You”

or “Your” means the person identified as the customer on the reverse side

of this Agreement, any person signing, this Agreement, any Authorized Driver

and any person or organization to whom charges are billed by Us at its or the

customer’s direction. You are jointly and severally bound by this Agreement.

“We”, “Us” or “Our” means the independent dealer named elsewhere in this

Agreement. “Vehicle” means the automobile identified in this Agreement and

any vehicle We substitute for it, and all its tires, tools, accessories, equipment,

keys and documents. The Vehicle is a temporary substitute for a vehicle that You

own or lease. “Authorized Driver” means: (a) the customer, provided that the

customer is the registered owner or lessee of the vehicle being serviced by Us

and for which Our Vehicle is a substitute, and that such person is at least age 21;

(b) additional drivers listed by Us elsewhere in this Agreement, provided that

each such additional driver is at least age 25; (c) the customer’s spouse, provided

that such person is at least age 21; and (d) if the customer is a corporation or

other business entity, Authorized Driver includes an employee of the customer

who is a permissible driver on the business entity’s business auto insurance

policy, provided each such employee is at least age 21. Every Authorized Driver

must possess a valid driver’s license. Only Authorized Drivers may drive the

Vehicle. “Loss of Use” means the loss of Our ability to use the Vehicle for any

reason, due to damage to it or loss of it, during this transaction; Loss of Use

equals a reasonable estimate of the income We lost while the Vehicle was out of

service for repair or replacement.

2. Rental; Indemnity and Warranties. This is a contract for rental of the

Vehicle. In addition to any rental charges stated in this Agreement, Our right

(or the right of Our affiliate), to repair Your vehicle is consideration paid to Us

for this rental. 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 agree to indemnify Us, defend Us and hold Us harmless from and against, all

claims, liability, costs and attorneys’ fees we incur resulting from, or arising out

of, this Agreement or Your use of the Vehicle. We make no warranties, express,

implied or apparent, regarding the Vehicle, no warranty of merchantability and no

warranty that the Vehicle is fit for a particular purpose.

3. Condition and Return of Vehicle. You must return the Vehicle to Our office

or other location We specify, on the date and time specified in this Agreement, in

the same condition that You received it, except for ordinary wear. If the Vehicle

is returned after closing hours, You remain responsible for any damage to the

Vehicle until We inspect it on reopening for business. Service to the Vehicle or

replacement of parts or accessories during this rental must have Our prior

approval.

4. Responsibility for Damage or Loss; Reporting to Police. You are responsible

for all damage to, or loss or theft of, the Vehicle, including damage caused by

weather, road conditions, and acts of nature, whether or not You are at fault.

You are responsible for the cost of repair, or the actual cash retail value of the

Vehicle, on the date of the loss if the Vehicle is stolen, not repairable, or if We

elect not to repair the Vehicle. You are also responsible for Loss of Use, and Our

administrative expenses incurred processing the claim. You are responsible for

replacing missing equipment and Vehicle documents. You must check and maintain

all fluid levels. You must report all accidents or incidents of theft and vandalism to

Us and the police as soon as You discover them.

5. Prohibited Uses. The following uses of the Vehicle are prohibited and

constitute 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 then Vehicle,

or extended the rental period by giving Us false, fraudulent, or misleading

information; (d) under any circumstances that could be properly charged as

a crime other than a minor traffic violation; (e) to carry persons or property

for hire; (f) to push or tow anything; (g) in any race or speed contest; (h) to

teach anyone how to drive; (i) outside the United States or the geographic area

described elsewhere in this Agreement; (j) on any unpaved surface; (k) when the

odometer has been tampered with or disconnected; (l) when it is reasonable to

expect You to know that further operation of the Vehicle would damage it; (m)

where applicable, by anyone who lacks experience driving a vehicle equipped with

manual transmission; and (n) to transport an animal.