2024 Rental Agreement for Back Road Rentals

2425 East Crystal Lake Road, Twin Lake, MI 49457

231-282-0256 back.r.rentals@gmail.com

Copy and paste the body of your waiver here.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL CLAIMS AND MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Back Road Rentals is accessible online including at Backroadrentals.com and as an application for mobile devices. The Back Road Rentals websites, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Back Road Rentals. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

Back Road Rentals reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, or you have otherwise indicated assent to the modified terms, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.

In consideration for being allowed to rent, drive, ride in and/or utilize equipment pursuant to the accompany Rental Agreement (“Rental Opportunity”), I agree to assume all risks, waive all claims, release all liability, and defend and hold Back Road Rentals, LLC (“Outfitter”), their directors, officers, agents, affiliates, subsidiaries and parent companies, harmless to the fullest extent allowed by law.

Eligibility

The Services are intended solely for persons who are 18 or older. However, the minimum age to rent or operate a vehicle via the Services is 25 years old (the “Minimum Rental Age”). Any use of the Services by anyone who does not meet these age requirements is prohibited. Back Road Rentals reserves the right in its sole discretion to deny use of the Services or features of the Services for any reason or no reason.

To rent or operate (to include towing or use when stationary or delivered) a rented vehicle, you must have demonstrated to Back Road Rental’s satisfaction (in its sole discretion, and the waiver of any one of the below in a specific transaction shall not be deemed to be a waiver of any others or a waiver as a matter of policy for other transactions) that you: 

• hold a personal insurance policy that covers the rented vehicle as a covered automobile 
• hold a current, valid (non-temporary) driver’s license; if you hold a non-United States driver’s license you will be required to provide your passport, an international driver permit or a photograph of your current driver license. 
• meet the Minimum Rental Age

Fees

The fees (“Fees”) we charge for using the Services and other cost structures will be itemized at checkout for renters. You can verify the amount for your booking at checkout before you submit your booking request. When you provide Back Road Rentals a payment method, you authorize Back Road Rentals, or third-party service providers acting on behalf of Back Road Rentals, to store your payment credential for future use in the event you owe Back Road Rentals any money. You authorize Back Road Rentals to use stored payment credentials for balances and Fees, including for booking rental costs, and renter fees (e.g., late fees, security deposits, processing fees, dump fees, delivery fees, prep fees, cleaning fees and claims costs, and related administrative fees). Back Road Rentals and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. 

Cancellations

Back Road Rentals reserves the right to cancel any booking, whether requested or confirmed, at any time. Depending upon the reason for the cancellation, certain fees may still be owed by the renter. Back Road Rentals may cancel booking requests when a Renter is deemed unresponsive (in Back Road Rentals’ sole discretion)(deemed a Renter cancellation). If the renter does not show to pick up the unit, it will be deemed a renter cancellation and subject to the owner’s cancellation policy.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to: 

Fail to honor your commitments, including:

• Fail to pay fees, penalties, or other amounts owed to Back Road Rentals or another user
• Fail to timely deliver, make available, or return any vehicle and optional Add-ons, unless you have a valid reason
• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Back Road Rentals in certain limited circumstances
• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights

Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information in relation to a claim (for example about damage to a vehicle)
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Renter commitments

The renter who booked the vehicle bears the responsibility for all activity related to the vehicle rental. You will not allow anyone other than yourself to tow, drive, operate, or otherwise cause the vehicle to move (“use”) the vehicle you booked. Your insurance is primary as to all claims and liability related to the vehicle rental. As the renter, you commit that you will be responsible for all guests into the vehicle, and other third parties affected by such parties. You agree that you will be legally licensed for the vehicle you rent and operate, and provide proof to Back Road Rentals via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Add-ons well and will take all reasonable measures to return the vehicle and any applicable Add-ons on time and in essentially the same condition as received.

Security Deposits

Back Road Rentals will charge a $500.00 security deposit on the day your rental begins. The deposit will be completely refunded as long as none of the terms listed are violated. The renter who booked the trip is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This includes damage due to weather and other acts of God. This responsibility applies whether the renter has their own vehicle insurance or not. All defects and/or damage to the rental noted in the return inspection which are not previously noted shall be the sole responsibility of the renter, and the renter shall reimburse the owner for the cost of the repair. To the extent that the security deposit is insufficient to cover the costs and damages, the renter is responsible. The renter is responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals they invite to, or otherwise provide access to the vehicle. Unless specifically covered in the applicable excess insurance coverage, the renter is responsible for all other fees and expenses in whatever form, including but not limited to damage to the rental, missing equipment, down time, and the vehicle owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of the renter. The renter is responsible for loss due to theft of the rental. The renter is responsible for all damages due to vandalism of the rental. A police report must be filed for any damages suspected of resulting from criminal activity.

After the renter is notified of a claim and given 48 hours to respond, Back Road Rentals will charge for payment against the credit card on file.You agree that you will hold Back Road Rentals harmless and that Back Road Rentals has no responsibility for any damages that you cause to an owners’ vehicle or to any person. Primary renters must be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle with Back Road Rentals, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with us to make a claim for coverage under any policy of insurance that applies to the loss.

Use of the vehicle and Safety

Back Road Rentals may terminate your rental at our discretion at any time and require the return of the vehicle, including recovering the vehicle. The prohibited uses list in these Terms is not meant to be exhaustive. If you have any concerns about your planned use, please contact Back Road Rentals. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan and/or insurance may be voided. Renters also acknowledge that using a vehicle in a prohibited manner or otherwise breaching these Terms may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Under no circumstance shall (and the occurrence of such shall constitute a material breach of these Terms):

• the vehicle be driven outside the United States and Canada, including a strict prohibition against taking any vehicle into Mexico.
• The vehicle will be taken to a festival that is unauthorized by Back Road Rentals
• towing or pushing anything usingthe vehicle
• failing to properly load materials and distribute the weight of those materials to allow safe operation of the vehicle
• failing to properly secure the vehicle to the towing vehicle if applicable
• failing to summon the police to an accident involving the vehicle
• damaging the vehicle by your intentional, wanton, willful or reckless conduct
• transporting an animal (other than a service animal) in the vehicle without the consent of owner
• sitting, standing or lying on the roof or exterior of the vehicle
• transporting passengers in or on the vehicle while the vehicle is being towed
• placing signs or lettering on the outside of the vehicle
• placing loudspeakers or other sound equipment on the exterior of the vehicle
• failing to use the vehicle in compliance with all instructions and warnings provided by us and owners
• smoking in the vehicle without the owner’s consent
• use of the vehicle (i) by anyone who is not an Authorized Driver; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the vehicle or extended the rental period by giving us false, fraudulent or misleading information; (iv) in furtherance of an illegal purpose or under circumstance that would constitute a violation of law other than a minor traffic citation; (v) for business use purposes; (vi) to carry dangerous or hazardous items or illegal materiel; (vii) when loaded beyond the manufacturer’s suggested tow rating for the vehicle; (viii) when driven through or under an underpass or other structure without sufficient overhead or side clearance; (ix) when it is reasonable to expect you to know that further operation would damage the vehicle; (x) in a manner that causes damage to the vehicle due to inadequately secured cargo; (xi) when your vehicle has insufficient towing capacity as determined by the manufacturer of your vehicle and as listed on the your vehicle’s door jamb sticker; or (xii) by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while operating or the towing vehicle

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver or occupant to arrest, and civil and/or criminal penalties, and the voiding of your bundle or protection plan:

• If you fail to return the vehicle you booked at the time and place agreed upon with the owner and/or designated in your reservation
• If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services 
• If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the owner. Any damage to, or loss or theft of, a vehicle occurring prior to the owner inspecting the vehicle upon return at the end of the reservation is the renter’s responsibility
• If you misrepresent facts to the owner pertaining to booking, use, or operation of vehicle
• If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
• If you fail or refuse to communicate in good faith with the owner, police, Back Road Rentals, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the owner, or who misrepresents or withholds facts to/from the owner or Back Road Rentals material to the booking, use, or operation of vehicle

Details Pertaining to Individual Rentals

Included in Pricing: Propane, 1 prep table, 4 camping chairs, startup cleaning supplies, 2 rolls of RV approved toilet paper, paper towel, basic cookware and dishes for 4 people, coffee pot, toaster, ect. We provide mattress pads for every rental, but the renter is responsible for bringing bath towels, beach towels, bedding and pillows. Campsite fee is not included.

Delivery Policy: We charge a flat $150 for delivery within 30 miles of our business location. For delivery past 30 miles, we will charge $3 per mile in addition to the flat $150 delivery fee.    

Prep Fee: Every rental will be charged a $25 prep fee to cover the cost of preparing a unit. This mandatory fee covers the cost of propane, paper towel, rv toilet paper, clean dishcloths, etc. 

Dump Fee: Individual campsites must have sewer, water, and electric (we will hook it up for you). Sites without full hook up will incur a $150 fresh water fill, waste disposal, and tank flush fee. We cannot dump your sewer/water during your stay.

Check in/Check Out Policy: Check in at 4pm. RV check out is 10am. The renter may be charged late fees if they stay later than checkout time. 

Cleaning/Damage/No Pet Policy:Renter is responsible for maintaining cleanliness of the unit. We will thoroughly clean the unit between rentals, but the renter is responsible to leave the unit in a clean condition.  

Damage to the Awning: Any damage to the awning on any camper will result in a $2,000 damage charge. 

A $500 security hold will be placed on your credit card upon arrival.  If upon check out, the RV is unclean/damaged/evidence of smoking or pets in a non-pet camper, the hold will be processed and additional fees may be charged to the CC on file. If the RV is clean and undamaged the hold will be released. Renter is responsible for all damages incurred while the trailer is in their possession. Damage to the awning is a $2,000.00 fee.

ASSUMPTION OF RISK. I expressly and voluntarily assume all risk and liability for the loss or damage to any vehicle or other equipment obtained from Outfitter; for death or injury to any person or property and for all risks and liabilities arising from the use, conditions and possession of the vehicle and any equipment received or obtained from Outfitter.

INDEMNIFICATION. The undersigned shall indemnify, defend (by counsel reasonably acceptable to indemnity), protect and hold Outfitter, their subsidiaries, shareholders, directors, officers, employees, agents, successors, and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorney’s fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or part, directly or indirectly, from the rental, use and/or operation, condition or possession of the vehicle or any other equipment received or obtained from Outfitter. The undersigned likewise shall indemnify Outfitter, their shareholders, directors, officers, employees, agents, successors, and assigns against any losses, costs or expenses, including attorney’s fees, resulting from a breach of this agreement.

PARTIAL INVALIDITY AND CHOICE OF LAW. Should any provision of this agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of the agreement shall remain in effect. This agreement, covenant, waiver and release shall be governed and construed under the laws of the State of Michigan.

EXPENSES OF ENFORCEMENT. In the event of any legal action with respect to this agreement, the prevailing party in any such action shall be entitled to reasonable attorney fees and all costs and expenses incurred in pursuit thereof. 

ENTIRE AGREEMENT, NO ORAL MODIFICATIONS. This instrument with attachments constitutes the entire agreement between the parties. No provision hereof shall be modified or rescinded unless in writing signed by an authorized representative of Outfitter. I, the undersigned, certify that I have read the Rental Agreement and understand the contents of this document. I execute it voluntarily in good faith and with full knowledge of its significance.

MISCELLANEOUS: I understand and agree that:

a.   I, the renter, release the Outfitter, their agents and employees from all claims for loss of, or damage to, my personal property or that of any other person, that is received, handled, stored, left, carried into, or left on the vehicle, whether or not the loss or damages was caused by Outfitter negligence or was otherwise Outfitter’s responsibility.

b.    No term of this Agreement can be waived or modified except by a writing that Outfitter has signed.

c.    A waiver by Outfitter of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of my obligations under this Agreement. Outfitter’s acceptance of payment or failure, refusal, or neglect to exercise any of their rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, the renter releases the Outfitter for any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle.

d.    If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

I HAVE READ THIS AGREEMENT CAREFULLY PRIOR TO SIGNING IT.

I UNDERSTAND, ACKNOWLEDGE AND AGREE TO ALL TERMS SET FORTH HEREIN