SCOOTER RENTAL AGREEMENT
This Scooter Rental Agreement (“Agreement”) is made between Veronica’s Scooter Rental, a Sole Proprietorship, organized under the laws of Idaho, with offices at 1502 S. Vista Avenue, Boise, Idaho 83705 (“Owner”), RENTER listed above (“RENTER”). Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
Scooter(s) and all its equipment, tools, tires, accessories, keys, and documents (“Scooter”).
1. Term. This Agreement shall commence on the day the Renter takes possession of Scooter and remain in full force and effect until Scooter is returned to Owner. Renter shall return the Scooter on or before date and time on their Online Resevation, unless this Agreement is terminated earlier consistent with the terms herein.
2. Payment. Renter shall pay and authorize Owner to charge the credit card on file with Owner an amount equal to all payments and fees due under this Agreement. Renter shall also pay other charges in accordance with this Agreement due upon return of Scooter, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Scooter, loss of use, diminution of the Scooter's value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a $100 charge per DAY for late return of the Scooter or the highest amount allowable under law;
e) unless due to the fault of Owner, all fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating to the Scooter assessed against Owner or the Scooter during the rental Term;
f) all expenses Owner incurs due to Renter’s failure to return the Scooter including costs in locating and recovering the Scooter;
h) 12% interest, or the maximum amount allowed by law, for monies 14 days past due;
i) all costs incurred to collect unpaid monies due; and
k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
3. Security Deposit. In addition to the fees listed in Section 2, Renter shall pay a deposit of $150.00 per Scooter at the time this Agreement is signed. Owner may use the deposit to cover any amounts due under this Agreement. If damages are found upon Scooter return, an additional $150 deposit shall be charged to Renter’s credit card until the Scooter has been repaired. If damages exceed the total deposit amount, Renter is responsible for the difference. If damages are less than the total deposit amount, Owner shall refund the difference to Renter.
4. Authorized Drivers. Only those who are listed on this Agreement and have a current valid driver’s license to operate the Scooter are permitted to drive the Scooter. Any other drivers are prohibited from operating Scooter.
5. Insurance and Release of Liability. Renter is responsible for all loss or damage Renter causes from Scooter to third-parties. Owner makes no claim to provide insurance other than State of Idaho required motor vehicle liability insurance.
I agree that my safety is primarily my own responsibility. I agree to make sure that I know how to safely operate this motor scooter, and I agree to observe any rules and practices that may be employed to minimize the risk of injury. I agree to stop and seek assistance if I do not believe I can safely continue, and to refrain from any and all actions that would pose a hazard to myself or others.
6. Restrictions on Use. Renter shall not:
a) permit the Scooter to be driven by any person who is not an Authorized Driver under this Agreement;
b) operate the Scooter or permit it to be operated in violation of law, including but not limited to driving under the influence of alcohol or drugs, or in breach of rules and regulations of road traffic;
c) operate the Scooter or permit it to be operated to commit a violation of law;
d) operate the Scooter or permit it to be operated for any race, test, or contest;
e) operate the Scooter or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Scooter or to carry hazardous or explosive substances of any kind;
f) drive or permit the Scooter to be driven by any person who does not hold a current valid driver's license to operate the Scooter;
g) drive or permit the Scooter to be driven or parked on roadways not regularly maintained, or on any roads, beach, driveway, or surface likely to cause damage to the Scooter;
h) operate the Scooter or allow it to be operated to push or tow any other vehicle;
i) operate the Scooter or allow it to be operated to carry passengers or property for hire;
j) operate the Scooter or allow it to be operated in a negligent manner;
k) transport any animal on the Scooter (except for guide dogs for visually impaired people);
l) allow any person to smoke on the Scooter.
7. Repair or Loss and Reporting to Police. Scooter shall not be serviced or repaired, and parts and accessories shall not be replaced without Owner’s prior consent. Renter shall alert Owner to any damage to the Scooter. Renter shall be responsible for any loss or damage to Scooter and loss of use, diminution of the Scooter's value caused by damage to it or repair to it and missing equipment. In the event Renter is in an accident, has an incident on Scooter, or if Scooter is subject to theft or vandalism, Renter shall report the accident or incident to Owner as soon as practicable.
8. Condition of Scooter. The Condition of Scooter Checklist (“Checklist”) attached is hereby incorporated by reference. Renter acknowledges that Renter has examined the Scooter and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Return of Scooter. Renter shall return Scooter on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Scooter to the agreed return location. If Scooter is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Scooter, including, but not limited to, pursuing criminal charges pursuant to Idaho Code § 18-2404 and pursuing recovery via civil action. Further, if Scooter is not returned due to theft by Renter, Driver, or an unknown party, Renter’s credit card will immediately be charged the full amount of Renter’s personal insurance comprehensive deductible.
10. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
11. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Scooter by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. In no event shall Owner be responsible for any indirect, special or consequential loss or damages arising from Renter’s use of Scooter, including but not limited to loss profits and loss revenue, even if informed of such damages. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF SCOOTER, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Ownership. Owner shall at all times retain ownership and title to the Scooter. Renter shall immediately notify Owner in the event Scooter is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action.
13. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
14. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
15. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
16. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
17. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
18. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.