WAIVER OF LIABILITY
AND RELEASE FOR THE USE OF VEHICLES
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VEHICLE.
In consideration of the use of any of the Vehicle (defined below) provided by D&A Adventures, LLC, doing business as “Aventoura Puerto Rico” (the “Company”), the Company requires that You (“Permitted Driver,” “You,” or “Your”) (acting for yourself and/or all of Permitted Driver’s underage children, family, heirs, employees, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Rental Agreement, Waiver of Liability and Release (the “Agreement”).
The services provided by the Company include, among other things, (1) a guided tour with a licensed agent, (2) the use of the Vehicle (“Vehicle” or “Vehicles”), and (3) all other related equipment, personnel, services, and information provided or made available by the Company (collectively, the “Services”).
You should CAREFULLY READ all terms and conditions before accepting them and entering into this Agreement. The following is a partial list of some of the terms that the Company wants to bring to Your initial attention regarding the important terms and conditions of this Agreement. Capitalized terms have the meanings given to them where defined in this Agreement.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 14 BELOW
1. RENTAL AND USE OF VEHICLE.
1.1 Permitted Drivers is Sole User . A Permitted Driver, duly qualified as such by the Company, is solely responsible for compliance with all of the terms and conditions contained herein, unless the Company authorizes an Additional Driver pursuant to Section 1.2 below.
1.2 Additional Driver . The Company, at its sole discretion, may allow the Vehicle to be operated by one (1) additional permitted driver (the “Additional Driver”), for an additional charge provided in Section 2.4 below. The Additional Driver must comply with the terms and conditions in this Agreement. The Additional Driver must be twenty-five (25) years or older, must have a valid driver’s license, must sign the additional driver section, and will be responsible of any charges related to the rental.
1.3 Age Requirements . Permitted Driver and/or Additional Driver represent and certify that such Permitted Driver and/or Additional Driver are twenty-five (25) years old or older.
1.4 License Requirements . Permitted Driver and/or Additional Driver represent to the Company that You are a validly licensed driver and will remain a validly licensed driver throughout the term of your rental. Permitted Driver and/or Additional Driver agree that the Company has the right to verify that Your license has been validly issued and is in good standing; and that the Company may refuse to rent to You if Your license has been suspended, revoked, or otherwise restricted in any way. The Company reserves the right to deny rentals based upon (i) information about license status, (ii) authenticity of Permitted Driver’s and/or Additional Driver license or other credentials, (iii) the inability to verify Permitted Driver’s and/or Additional Driver’s identity or payment methods, (iv) driving records provided by the applicable Motor Vehicle Department that issued Permitted Driver’s and/or Additional Driver’s license, or (v) any other information received from any other source in the business of validating an identity or the Permitted Driver’s and/or Additional Driver’s license credential that we believe to be reliable.
1.5 Competent Vehicle Operator . Permitted Driver and/or Additional Driver represent and certify that he/she is familiar with the operation of the Vehicle, is reasonably competent and physically fit to operate the Vehicle. By choosing to operate a Vehicle, Permitted Driver and/or Additional Driver assume all inherent responsibilities and risks, as well as any injury, blow, or harm suffered as a result of driving the Vehicle. You expressly recognize and take responsibility for determining if weather conditions (including, without limitation, rain, fog, hail, heat or electrical storms) make it dangerous to operate a Vehicle. Notwithstanding, if You, after considering weather conditions, opt, at your own risk, to operate the Vehicle, you therefore recognize and accept all risks and responsibilities inherent to its operation, including any damage You or the Vehicle might suffer operating it.
1.6 Vehicle is the Exclusive Property of the Company . Permitted Driver and/or Additional Driver agree that the Vehicle and any Company equipment attached thereto, remain the exclusive property of the Company. You must not dismantle, modify, vandalize, write on, place stickers on, or otherwise vary the condition of the Vehicle in any way. If any of the obligations provided in this section are not met, the Permitted Driver and/or Additional Driver expressly agree to satisfy all costs for the repair of the Vehicle. You must not use a Vehicle, or other Company equipment, for any advertising or other commercial purpose without the express written consent of the Company. If you do so, you are required to pay the Company the amount of [$10,000.00] for using the Vehicle for that unauthorized purpose. Furthermore, the Permitted Driver and/or Additional Driver expressly recognize that the Vehicle will be used for lawful purposes and under no circumstances will it be used in acts that could constitute and/or result in a violation of any applicable laws, regulations or ordinances.
1.7 Comply with Laws Regarding Use and/or Operation of Vehicle . Permitted Driver and/or Additional Driver agree to follow all laws pertaining to the use, riding, parking and/or operation of the Vehicle, including all federal and local laws, and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle. Permitted Driver and/or Additional Driver also agree to act with courtesy and respect toward others while operating the Vehicle.
1.8 Prohibited Acts . Permitted Driver and/or Additional Driver recognize and accept that the following are strictly prohibited:
Operation of a Vehicle while using a cellular phone or other devices to talk and/or receive text messages, portable music players, or any other devices that may distract You from operating the Vehicle safely. Operating a Vehicle while under the influence of alcohol, any controlled substance, including without limitation any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code or medications that affect vehicle operation and/or constitute driving while impaired under applicable law . Parking the Vehicle on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being hit. · Using or permitting the Vehicle to be used by anyone other than the Permitted Driver and/or Additional Driver.
· Carrying passengers or property for hire or more passengers than the Vehicle has seat belts to carry.
· Towing or pushing anything with the Vehicle.
· Operating the Vehicle in a test, race or contest.
· Operating the Vehicle in a manner that could constitute a crime such as a felony or misdemeanor, recklessly or while overloaded.
· Failing to promptly report to the Company any damage to or loss of the Vehicle when it occurs or when You learn of it.
· Failing to report an accident to law enforcement.
· Obtaining/renting the Vehicle through fraud or misrepresentation.
· Leaving the Vehicle unattended and failing to remove the keys (or key fobs) or close and lock all doors, all windows and the trunk and the Vehicle is stolen or vandalized.
· Intentionally or with willful disregard, causing or allowing any damage to occur to the Vehicle.
· Not returning the Vehicle at the scheduled return date and time and the Vehicle is damaged, stolen or vandalized or otherwise failing to take reasonable steps to secure the Vehicle, its keys, key fobs, or other remote entry and starting devices.
· Operating the Vehicle on any road or highway where its use is not authorized by applicable laws or regulations.
A violation of this Section will automatically terminate this rental and is an exclusion to any optional services that Permitted Driver and/or Additional Driver have accepted. It also makes Permitted Driver and/or Additional Driver liable to Company for all penalties, fines, attorneys' fees, legal expenses, and any other fees and costs that Company may incur.
1.9 No Tampering; No Unauthorized Use . You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Vehicle other than as specified in this Agreement.
1.10 Damage and Loss . If the Vehicle is lost or damaged as a direct or indirect result of a violation of the law, accident, collision, act of nature, or violation of this Agreement, the Permitted Driver and/or Additional Driver will be responsible and must pay for all loss of or damage to the Vehicle, regardless of cause, or what or who caused it.
If the Vehicle is damaged, Permitted Driver and/or Additional Driver will pay the estimated repair cost, or if, in the Company’s sole discretion, it determines to sell the Vehicle in its damaged condition, Permitted Driver and/or Additional Driver will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sale proceeds. If the Vehicle is a total loss, the Permitted Driver and/or Additional Driver must pay the portion of value not covered by the insurance. As part of the Company’s loss, Permitted Driver and/or Additional Driver also will pay for loss of use of the Vehicle, without regard to the Company’s fleet utilization at the amount of ___________ Dollars ($_____________), plus an administrative fee of Five Hundred Dollars ($500.00), plus towing and storage charges, if any. If an accident occurs, the Permitted Driver and/or Additional Driver will also be responsible and must pay for any damage or loss suffered by other vehicles, properties or third parties.
If the damages only occur to glass, mirrors, tires, and antenna, Permitted Driver and/or Additional Driver authorize Company to charge for the actual cost of repair or replacement of lost or damaged items, as part of the rental charges at the time of return.
If Permitted Driver’s and/or Additional Driver’s responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, Permitted Driver and/or Additional Driver authorize the Company to contact the benefit provider directly on Permitted Driver’s and/or Additional Driver’s behalf and Permitted Driver and/or Additional Driver assign all of the benefits directly to the Company to recover all consequential and incidental damages, including but not limited to the repairs of the Vehicle plus diminished value or the fair market retail value of the Vehicle and all incidental loss and administrative fees.
1.11 Permitted Driver Responsibility for Vehicle Use and Damage . Permitted Driver and/or Additional Driver expressly agree to return the Vehicle to the Company in the same condition in which it was rented. Permitted Driver will not be responsible for normal wear and tear.
1.12 Pick-ups and Drop-offs . All Vehicles must be returned to the place of drop off. The Vehicle must be returned during the Company’s working hours, if not, the Permitted Driver and/or Additional Driver will be responsible for damage to or loss of the Vehicle and all the terms and conditions of this Agreement will continue in full force and effect until the return location reopens, and the Company retakes possession of the Vehicle. If the Vehicle is not retuned at the stated date and location within the Company’s working hours, Permitted Driver and/or Additional Driver will be responsible for all charges, damages or losses of the Vehicle until the it is actually returned or recovered.
Permitted Driver and/or Additional Driver agree to return the Vehicle on the date, time and location specified in this Agreement. Permitted Driver and/or Additional Driver must return the Vehicle at an early date and/or time upon the Company’s demand. If Permitted Driver and/or Additional Driver return the Vehicle earlier or later from the stipulated return date, a different or higher rental rate may apply and, if returned later, a late return fee of One Hundred Fifty Dollars ($150.00) an hour will be charged. If Permitted Driver and/or Additional Driver wish to extend any rental, You must contact the Company at 939-303-2648 to request the extension before return date. The Company may or may not grant an extension or decline to grant it for the entire period requested.
1.13 Insurance .
(a) U.S. Residents : Permitted Driver and/or Additional Driver must provide valid proof of insurance which covers the full value of the Vehicle, as well as personal liability in the amount required by the Company. A Permitted Driver and/or Additional Driver insurance card and/or policy declaration page, specifying that the corresponding coverage is provided and showing the applicable deductible, constitutes valid proof of client’s insurance and may be provided to the Company personally or via e-mail, before taking the Vehicle out of the Company’s premises.
(b) If a Permitted Driver’s and/or Additional Driver’s credit card covers rented vehicles, Permitted Driver and/or Additional Driver are responsible for verifying with the corresponding credit card provider that the credit card insurance coverage covers the full value of the Vehicle.
(c) Permitted Driver and/or Additional Driver have the option to provide a certification of coverage of their personal insurance policy in favor of the Company on or before the next calendar day for the Vehicle to be rented, covering damage to the Vehicle.
2. PAYMENT OF FEES AND OTHER CHARGES.
2.1 Payment of Fees . Permitted Driver and/or Additional Driver may use the Vehicle upon the payment of a deposit and rental fees established in this Agreement. Pricing is subject to change. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by the Company. The Company will charge the Permitted Driver and/or Additional Driver (through credit, or debit card or through another agreed payment method) the amount of the fees per Vehicle as described in this Agreement. Permitted Driver and/or Additional Driver acknowledge that they have been informed that if a charge card is used, including any digital wallet or mobile payment application linked to Your charge card account, up to an amount of the estimated total charges due under this Agreement, may be set aside or reserved by the card issuer of the card, which You present for payment of Your rental fees; or, if You use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under this Agreement, based on Your representation about this rental, as indicated on this Agreement, or the deposit amount established herein. Permitted Driver and/or Additional Driver acknowledge that the Company will authorize the release of any excess reserve or set aside upon the completion of the rental, return of the Vehicle and Company’s determination of whether any additional fees or charges apply.
2.2 Deposit . At the time of rental, Permitted Driver and/or Additional Driver must pay a deposit of Two Thousand Dollars ($2,000.00). If no further charges apply, the full corresponding deposit will be refunded within twenty-four (24) hours after the Vehicle is returned, and the Company has taken possession of the Vehicle.
2.3 Rental Fees . The rental fees may be hourly or daily. Permitted Driver and/or Additional Driver will pay for the number of hours or days they rent the Vehicle at the rate indicated in this Agreement. The minimum charge will be for two (2) hours, plus a fixed fee of Two Hundred Ninety-Nine Dollars ($299.00). If rented daily, the daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins, or if a calendar day is specified on this Agreement, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If rented hourly, the hourly charge applies to consecutive 1-hour periods starting at the hour and minute the rental begins.
2.4 Additional Driver Fees . The Company will charge Twenty-Five Dollars ($25.00) per rental day/hour for the operation of the Vehicle by an Additional Driver.
2.5 Taxes .Permitted Driver and/or Additional Driver agree to pay for them.
2.6 Highway Tolls . The Company provides an unlimited daily use of tolls. This service requires optional payment of Ten Dollars ($10.00) per rental day. If Permitted Driver and/or Additional Driver do not pay cash for tolls or the roadway does not accept cash payment, Permitted Driver and/or Additional Driver, automatically must purchase the toll service offered by the Company and pay a fee of Ten Dollars ($10.00). Any penalties and fines incurred when using the tolls will be charged to the Permitted Driver and/or Additional Driver.
2.7 Roadside Assistance . The Company provides 24-hour roadside assistance. An additional fee of _____Two Hundred Fifty_ Dollars ($250.00), plus taxes will apply if the service is provided.
2.8 Other Fees . Permitted Driver and/or Additional Driver must pay all fines, penalties and court costs for parking, traffic, toll, and other violations, committed by Permitted Driver and/or Additional Driver. If any violation is committed, the Permitted Driver and/or Additional Driver will pay an administrative fee of Five Hundred Dollars ($500.00) with respect to the violation. Permitted Driver and/or Additional Driver agree that Company may, in our sole discretion, pay all tickets, citations, fines, penalties, expenses and costs on Permitted Driver’s and/or Additional Driver’s behalf, directly to the appropriate governmental authority, and Permitted Driver and/or Additional Driver will reimburse the Company for what it paid.
In the event the Company uses a third-party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, Permitted Driver and/or Additional Driver agree to pay all costs and collection fees including but not limited to administrative and legal costs.
If the key(s) or key fob(s) are not returned with the car, Permitted Driver and/or Additional Driver will be charged an additional fee of Five Hundred Dollars ($500.00).
2.9 Fuel . All Vehicles come with a full tank of fuel. All Vehicles must be returned with the same amount of gas that was delivered. If this requirement is not met, and the Permitted Driver and/or Additional Driver return the Vehicle with less fuel than was in it when Permitted Driver and/or Additional Driver received it, as the Company determines in its sole discretion, the Company will charge Permitted Driver and/or Additional Driver a fuel service in the amount of Eight Dollars ($8.00) per gallon. Permitted Driver and/or Additional Driver may avoid a fuel service charge if the Vehicle is returned with the fuel tank as full as when Permitted Driver and/or Additional Driver received it. If Permitted Driver and/or Additional Driver put fuel into the Vehicle, Permitted Driver and/or Additional Driver must use the correct fuel. Permitted Driver and/or Additional Driver will be responsible for any damage caused by incorrect use of fuel.
3. ADDITIONAL TERMS OF USE
3.1 Repossessing . The Company may repossess the Vehicle at any time, at its sole discretion, if the Vehicle is being operated in violation of any law or the terms of this Agreement, illegally parked, or abandoned. If the Company repossesses the Vehicle, the Permitted Driver and/or Additional Driver will not be notified in advance and the Permitted Driver and/or Additional Driver will pay all costs and fees provided for in this Agreement. Permitted Driver and/or Additional Driver agree that such costs and fees will be charged to the credit or debit card or account used to rent the Vehicle.
3.2 Lost Property . The Company is not responsible for loss, theft of, or damage to any property of the Permitted Driver and/or Additional Driver and any other person in the Vehicle, shuttle, the Company’s premises or received or handled by the Company, regardless of who is at fault. Permitted Driver and/or Additional Driver will be responsible to the Company for any claim by any third-party for any loss or damage caused by Permitted Driver and/or Additional Driver.
3.3 No Smoking Policy . Smoking is not permitted in the Company’s Vehicles, including the use of e- cigarettes. A charge of Two Hundred Fifty Dollars ($250.00) will be charged if any cigarette, cigarette ashes or cigarette smell are found within the Vehicle.
3.4 Complaints . Any complaint will be resolved under the laws and courts of the Commonwealth of Puerto Rico. If Permitted Driver and/or Additional Driver do not pay all amounts due to the Company upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the Vehicle, Permitted Driver and/or Additional Driver agree to pay a late charge of five percent (5%) per month on the past due balance. Permitted Driver and/or Additional Driver agree to also pay for any costs that the Company incurs in seeking to collect such charges. In the case of any other judicial claim, Permitted Driver and/or Additional Driver will be responsible to cover all the expenses, costs, attorney fees and legal fees related to the judicial claim.
3.5 Final charges . The charges shown at the moment of return of the Vehicle are not final and are subject to review. The Permitted Driver and/or Additional Driver will pay any additional charges incurred after the return of the Vehicle and due examination of the Vehicle by the Company.
3.6 Cancellation Policy . Reservations must be cancelled at least twenty-four (24) hours in advance in order to avoid a cancellation fee of the full amount of the rental pursuant to this Agreement. Reservations are guaranteed until an hour after the pick-up time booked by You. The Company makes every effort to ensure that all prices and descriptions quoted are correct and accurate. However, in the case of a manifest error or omission, the Company reserves the right to rescind this Agreement, even if the Company has already accepted Permitted Driver’s and/or Additional Driver’s reservation and/or received any payment. The Company’s liability in that event will be limited to the return of any money that Permitted Driver and/or Additional Driver have paid with respect to the reservation. In the case of a manifest error in which Permitted Driver and/or Additional Driver keep the reservation, the Company reserves the right to require that Permitted Driver and/or Additional Driver pay the difference between the quoted price and the correct price, as confirmed in writing by the Company after the error has been discovered. An "error", as the term is used in this paragraph, means, in relation to an incorrect price, tax, or fee.
3.7 Changes . Any changes in this Agreement, any additional document signed by the Permitted Driver and/or Additional Driver, any electronically document signed by the Permitted Driver and/or Additional Driver and the return receipt with all the charges and fees, must be in writing and signed by the Permitted Driver, Additional Driver and by an authorized officer of the Company. Such changes will apply to rentals that Permitted Driver and/or Additional Driver reserve after such notice has been given.
4. TERMINATION.
At any time and from time to time, and without Permitted Driver’s and/or Additional Driver’s consent, the Company may unilaterally terminate Permitted Driver’s and/or Additional Driver’s right to use the Vehicle, provide the Services and may terminate this Agreement, in the Company’s sole discretion and without any notice or cause. Permitted Driver and/or Additional Driver may terminate Permitted Driver’s and/or Additional Driver’s use of the Vehicle and the Services at any time; but recognizes and agrees, however, that if this were the case: (i) no refund will be provided by the Company, and (ii) Permitted Driver and/or Additional Driver may be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Permitted Driver’s and/or Additional Driver’s right to use the Vehicle, regardless of how the Agreement is terminated.
5. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES.
All personal information, including Permitted Driver’s and/or Additional Driver’s name, addresses, phone numbers, email addresses, passwords, payment information, and other information will be used to render the Services and will be kept and treated by the Company in accordance with its privacy policy. For additional information regarding the treatment of Your personal information please review and accept the privacy policy located at _____________ .
6. LICENSE TO IMAGE AND LIKENESS.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to the Company and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Company’s Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to the Company and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Company’s Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time, and as the Company may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 14) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
7. NOTICE.
The Company may be contacted by calling (939) 303-2648 with a copy sent to our e-mail address at info@aventourpr.com.
8. APPLICABLE LEGISLATION; DISPUTE RESOLUTION.
This Agreement is governed by, and must be construed and enforced in accordance with the laws of the Commonwealth of Puerto Rico.
9. WAIVER AND SEVERABILITY.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
10. CUMULATIVE REMEDIES.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resorting to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
11. FINAL AGREEMENT; MODIFICATION BY THE COMPANY.
This Agreement contains the whole, complete, final, and exclusive agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Permitted Driver’s and/or Additional Driver’s consent, the Company may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Company’s Services after any amendment, modification, or change, Permitted Driver and/or Additional Driver have agreed to be bound by all such modifications and changes.
12. CONTRACT INTERPRETATION.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
13. VOLUNTARY EXECUTION OF THIS AGREEMENT.
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of the Company. Permitted Driver and/or Additional Driver acknowledge that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
14. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Permitted Driver and/or Additional Driver being allowed to use the Company’s Services, Vehicles, and other equipment provided by the Company, Permitted Driver and/or Additional Driver agree to fully release, indemnify, and hold harmless the Company and all of its owners, managers, affiliates, employees, contractors, officers, managers, counselors, members, agents, representatives, successors, assigns, and to the fullest extent permitted by federal and local law or regulations which the Company has contracted to render the Services, and any sponsor of any the Company, and every one of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Permitted Driver’s and/or Additional Driver’s use of the Company’s Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such release is intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Permitted Driver, Additional Driver or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Company’s Services, including any of the Vehicles, placement, equipment, maintenance, related information, this agreement or (b) Permitted Driver’s and/or Additional Driver’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Permitted Driver’s and/or Additional Driver’s use of any of the Company’s Services, Vehicles, or related equipment belonging to the Company, the Company and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Company’s Services, Vehicles and related equipment are provided “as is” and “as available,” and Permitted Driver and/or Additional Driver rely on them at Permitted Driver’s and/or Additional Driver’s own risk.
Permitted Driver and/or Additional Driver are aware that Permitted Driver’s and/or Additional Driver’s use of any of the Company’s Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Permitted Driver, Additional Driver and/or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
Permitted Driver and/or Additional Driver are solely and fully responsible for the safe operation of the Vehicle at all times. Permitted Driver and/or Additional Driver agree that the Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Permitted Driver and/or Additional Driver assume full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of the Company, the Released Parties, the Commonwealth of Puerto Rico or any of its municipalities or any other party, and expressly waives Permitted Driver’s and/or Additional Driver’s rights under any statutes that purport to preserve Permitted Driver’s and/or Additional Driver’s unknown claims.
PERMITTED DRIVER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of Section 14 “Releases; Disclaimers; Assumption of Risk”, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to operate the Vehicle.
I Agree
I certify that I am the Permitted Driver and/or Additional Driver, that I am 25 years old or over, I will obey all traffic laws, I will operate the Vehicle at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I Agree
I certify this is a true and accurate translation of the original document.
October 18, 2024
