terms and conditions
Motorcycle Rental Agreement Terms and Conditions.
1. Definitions. “Agreement” means all terms and conditions found in this form. “You” or “your”
means the person identified as the renter on the reverse, any person signing this Agreement, any
Authorized Driver and any person or organization to whom charges are billed by us at its or the
renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by
this Agreement. “We”, “our” or “us” means the independent motorcycle dealer named in this
Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this
Agreement, provided that each such person has a valid motorcycle or scooter driver’s license and,
is at least 25 years of age unless the age restriction is changed elsewhere in this Agreement.
“Vehicle” means the motorcycle/scooter/ATV identified in this Agreement and any vehicle we
substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents.
“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 rental, including uses other than for rental, such as display for rent,
display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees.
Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we
agree that Loss of Use will be calculated by multiplying the number of days from the date the
Vehicle is damaged until it is replaced or repaired, times 80% of the daily rental rate, which you
and we agree represents a reasonable estimate of actual damages and not a penalty. “Diminished
Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of
the Vehicle after repair or replacement.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. 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 all claims, liability, costs and attorney fees we incur resulting from, or arising out of,
this rental and 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
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other
location we specify, on the date and time specified in this Agreement, and in the same condition
that you received it, except for ordinary wear. If the Vehicle is returned after closing hours,
you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our
next opening for business. Service to the Vehicle or replacement of parts or accessories during the
rental must have our prior approval. You must check and maintain all fluid levels and return the
Vehicle with as much fuel as when rented.
4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all
damage to or loss of the Vehicle, including the cost of repair, or the actual cash retail value of
the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair
it, whether or not you are at fault. You are responsible for theft of the Vehicle, Loss of Use,
Diminished Value and a reasonable charge to cover our administrative expenses connected with any
damage claim. You must report 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 by anyone other than you. You will not operate the
Vehicle: (a) while under the influence of any drug or alcohol; (b) if you obtained the Vehicle by
giving us false, fraudulent or misleading information; (c) in furtherance of any illegal purpose or
under any circumstance that would constitute a violation of law other than a minor traffic
violation; (d) to carry a person other than you; (e) in any race, speed test or contest; (f) to
carry dangerous or hazardous items or illegal materiel; (g) outside the United States, Canada or
the geographic area indicated elsewhere in this Agreement; (h) on unpaved surfaces; (i) when the
Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further
operation would damage the Vehicle; or, (j) after an accident with the Vehicle unless and until you
summon the police to the accident scene.
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to
provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your
insurance is primary to any insurance that we may provide. If we are required by law to provide
liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to
any other available and collectible insurance whether primary, excess or contingent. The Policy
will provide liability coverage with limits no higher than the minimum financial amounts required
the law of the state whose laws apply to the loss. You and we reject PIP, medical payments,
no-fault and uninsured and under-insured motorist coverage, where permitted by law.
7. Charges. You will pay us, on demand all charges due us under this Agreement, including: (a) time
and mileage for the period during that you keep the Vehicle, or a mileage charged based on our
experience if the odometer is tampered with or disconnected; (b) optional products and services you
purchased; (c) fuel, if you return the Vehicle with less fuel than when rented; (d) applicable
taxes; (e) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing,
storage and impound charges and other expenses involving the Vehicle assessed against us or the
Vehicle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us
all fees owed to the charging authority plus our administrative fee of $50 for each such charge;
(f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we
elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre- and
post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights
under this Agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law (if
less than 2%), on all amounts past due; (i) $50 or the maximum amount permitted by law, whichever
is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee not
to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.
8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage
to, your personal property or that of any other person, that we received, handled or stored, or
that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage
was caused by our negligence or was otherwise our responsibility.
10. Breach of Agreement. The acts listed in paragraph 5, above, are breaches of this Agreement.
You waive all recourse against us for any criminal reports or prosecutions that we take against you
that arise out of your breach of this Agreement.
11. Modifications. No term of this Agreement can be waived or modified except by a writing that
we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental
office for inspection and written amendment by us of the due-in date. This Agreement constitutes
the entire agreement between you and us. All prior representations and agreements between you and
us regarding this rental are void.
12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any
additional breach or waiver of the performance of your obligations under this Agreement. Our
acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights
under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless
prohibited by law, you release us from any liability for consequential, special or punitive damages
in connection with this rental or the reservation of a vehicle. If any provision of this Agreement
is deemed void or unenforceable, the remaining provisions are valid and enforceable.