This Vehicle Rental Agreement (“Agreement”) is made between the vehicle owner listed below (“Owner”) and the driver temporarily renting (“Driver”) the vehicle listed below, including its equipment, tools, tires, accessories, and contents (“Vehicle”).
HyreCar Inc. (“HyreCar”) is a marketplace technology platform that helps owners of vehicles connect with vehicle drivers in temporary need of a vehicle for use with transportation network companies or delivery services companies (“Ride Share Companies”). HyreCar does not own vehicles to rent.
HyreCar is not a party to this Agreement.
KEY RENTAL TERMS
Vehicle Make & Model: undefined undefined
License Plate State & Number: undefined undefined
Driver’s License State & Number: undefined undefined
Driver's Address: undefined
Start Date & Time: 07/12/2022 06:16 AM PDT
End Date & Time: 07/12/2022 06:16 AM PDT
Daily Mileage Max: undefined
Daily Rental Price: NaN
Total Rental Price: NaN
Security Deposit: $0
1. Term. This Agreement shall commence at the earlier of the Start Date & Time or when Driver takes possession of the Vehicle and shall remain in full force and effect until the later of the End Date & Time or when Vehicle is returned to the Owner (“Rental Period”). The term of this Agreement shall only be modified in accordance with the provisions provided in this Agreement.
a. Voluntary Rental Term Extension. In the event that Owner and Driver mutually agree to an extension of the End Date & Time that is processed through the HyreCar platform, this Agreement will remain valid until the Vehicle is returned to the Owner. The Driver will be charged the daily rental price, insurance fees, and other transactions costs that may accrue during that period.
b. Involuntary Rental Term Extension. If the End Date & Time are not voluntarily extended and the Vehicle is not returned within 72 hours (or other such time as required by local law) of the End Date & Time, then, in addition to the additional costs listed in section 2, the Owner may: (i) report the Vehicle as stolen to law enforcement authorities, (ii) take action to repossess the Vehicle, and (iii) take any legal action necessary to protect its rights. Additionally, the loss may be reported to one or more credit agencies and or national stolen car databases.
2. Rental Price. Driver shall pay the Daily Rental Price, which includes insurance and transaction fees. Driver authorizes charges to the payment method on file in an amount equal to all payments and fees under this Agreement as they are incurred. Total price for this rental excludes any late fees, fines, or expenses. Owner is responsible for any applicable local, state, or federal taxes based on the income received from the rental. Driver shall pay all other charges due under this Agreement upon the return of the Vehicle, including but not limited to:
a. charges for optional services selected by the Driver;
c. mileage overage of $.0.25 per mile plus taxes, if applicable;
d. damage to, repair of, or loss of the Vehicle, including without limitation, the loss of use, diminution of the Vehicle’s value caused by the damage or repair, administrative and legal fees for claim processing;
e. Daily Rental Price plus an additional $15 late delivery administrative fee, beginning 24 hours after the end of the Rental Period;
f. unless due to the fault of the Owner, all fines, penalties, traffic and/or parking violations, toll fees, court costs, towing and impound charges, and other associated third party costs incurred during the Rental Period;
g. all expenses Owner incurs related to Driver’s failure to return the Vehicle, including without limitation, costs of locating and recovering the Vehicle;
h. 1.5% interest per month (or the maximum allowed by law), for any amount due which are more than 14 days past due;
i. all costs incurred to collect unpaid amounts due, including debt collection agency, attorney, or other third party costs; and
j. the greater of twenty-five dollars ($25) per day or the maximum amount allowed by law if Driver’s payments are stopped, rejected for insufficient funds, or for any other reason the payment from Driver is dishonored.
3. Security Deposit. Driver may be required to pay a Security Deposit at the time of the rental. The Security Deposit will be the first money applied to any balance due at the end of the Rental Period. Driver may be responsible for additional fees or charges in excess of the Security Deposit as otherwise stated in this Agreement or the Terms of Service.
4. Authorized Drivers. Only the Driver listed above is a party to this Agreement. Owner shall be responsible to verify that the Vehicle is released to the Driver identified in this Agreement. No one else is permitted to operate the Vehicle. Operation of the Vehicle by someone other than the Driver may subject you to civil and criminal liability. Driver must have a valid driver’s license to rent and operate the Vehicle. Should any other person operate the Vehicle, including if the Vehicle is lost or stolen, the Driver will be liable for any such activity and the resulting loss or damage. Driver is responsible for all loss or damage caused to Vehicle during the Rental Period, even if Driver is not operating the Vehicle when the damage occurs.
5. Automobile Insurance. Insurance coverage applicability during the Rental Period is a combination of Owner insurance, HyreCar insurance, and Ride Share Company insurance coverage. Drivers are not required to have their own personal insurance coverage. However, Driver must be eligible for coverage under HyreCar’s current insurance policy, as stated in the HyreCar Policies & Protection Plans, and hold a current Ride Share Company account.
a. Owner Insurance. Owner must have personal automobile insurance on the Vehicle throughout the term of the Rental Period with sufficient limits and coverages as required by the law in the jurisdiction where the Vehicle is registered. HyreCar’s insurance does NOT replace an Owner’s requirement to maintain personal or other insurance as required by law. Owner understands and agrees that rental of a vehicle may constitute a commercial use of that vehicle. Further, under New York law, Owner understands and agrees that Owner may be liable for Driver negligence during the Rental Period, and Owner’s personal insurance policy may be considered primary insurance for damages resulting from Driver negligence during a Rental Period. Additional information on insurance is available here: https://hyrecar.force.com/hc/s/article/Insurance-Policy
b. HyreCar Insurance. The HyreCar insurance policy is a temporary livery insurance that serves as the primary insurance only during the Rental Period when the Driver has a Ride Share Company application turned off. The HyreCar insurance covers only covers physical damage when the Driver has the Ride Share Company application turned on, but has not accepted a ride or delivery. The Ride Share Company may also offer third party liability protection during this period. However, Owners and Drivers should always independently confirm insurance coverage prior to the Rental Period. The HyreCar insurance policy is only applicable in the United States. The HyreCar insurance policy is secondary to the Ride Share Company insurance when the Driver is engaged in a ride or delivery facilitated by a Ride Share Company application. If Owner or Driver transacts through the HyreCar platform solely to obtain insurance from HyreCar, HyreCar’s insurance carrier will deem the applicable coverage null and void. Neither HyreCar nor its insurance carrier will accept any claim on insurance if HyreCar, its insurance carrier, or any third party who investigates the claim finds fraud. Owners and Drivers are encouraged to check the amount and type of available insurance coverage before starting the Rental Period. HyreCar insurance is only valid during the exact date and time of the Rental Period and no claim will be considered on an incident before or after the Rental Period. To be eligible for an insurance claim, Owners have up to 24 hours, excluding holidays or weekends, (or the time allowed by local law) after the return of the Vehicle to file a claim on any damages that occurred on the Vehicle during the Rental Period.
c. Ride Share Company Insurance. The Ride Share Company insurance is typically the primary insurance when the Driver is engaged in a ride or delivery through the applicable Ride Share Company application. Some delivery companies have differing insurances policies, so please review the specific Ride Share Company insurance policies for details regarding their coverages.
6. Cancelation of Insurance Coverage. Insurance coverage provided by HyreCar is only valid during the Rental Period and only if HyreCar receives payment from Owner and Driver. If HyreCar is (a) unable to collect payment from Owner or Driver at any time during the Rental Period; (b) unable to contact Owner and Driver during the Rental Period, then upon giving Owner and Driver 5 days notice, HyreCar may cancel its insurance coverage on the Vehicle. Notice will be deemed received by each party upon sending notice to the contact information on file with HyreCar at the time of the rental.
7. Vehicle Use Restrictions.The following list includes common examples; however, these examples are not intended to be a complete list of all prohibited uses. Owner reserves the right to add restrictions as reasonably necessary to protect itself, its property, others, or the property of others. Driver shall not:
a. permit the Vehicle to be operated by any person who is not listed as a Driver under this Agreement;
b. operate the Vehicle or permit it to be operated in violation of law, including without limitation, driving under the influence of alcohol or drugs, or in breach of any traffic rules or regulations;
c. operate the Vehicle or permit it to be operated to commit any violation of law;
d. operate the Vehicle or permit it to be operated for any race, test, or contest;
e. operate the Vehicle or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Vehicle;
f. operate the Vehicle or permit it to be operated to carry hazardous materials or explosive substances of any kind;
g. operate the Vehicle or permit the Vehicle to be driven or parked on roadways not regularly maintained, or on any roads, beaches, driveways, or surfaces likely to cause damage to the Vehicle;
h. operate the Vehicle or permit the Vehicle to be driven or parked in unsafe areas or where the Vehicle is likely to be damaged;
i. operate the Vehicle or permit the Vehicle to be operated to push or tow any other vehicle;
j. transport any animal in the Vehicle (with the exception of certified or licensed animals for assisting persons with disabilities); and/or
k. allow any person to smoke and/or take or use alcohol or illegal drugs in the Vehicle.
8. Return of Vehicle. Driver shall return the Vehicle at the end of the Rental Period to the agreed upon return location, with the same amount of gas as when the Vehicle was picked up, and in the same condition as Driver received it, except for normal wear and tear. If Driver connects to the Vehicle’s navigation/infotainment system for directions, to use the hands-free phone functionality, or otherwise, Driver is responsible for deleting all of Driver's personal data from the Vehicle at the end of the Rental Period. Upon request, Owner shall provide Driver with instructions for how to remove this data from the Vehicle. Additional charges may be incurred if Vehicle is not returned in accordance with this paragraph.
9. Vehicle MaintenanceOwner is required to regularly check the Vehicle for any defects in its operations, safety, and registration requirements to ensure that the Vehicle is a safe and roadworthy condition. Additionally, Owner affirms that, during the entire duration of the Rental Period, the Vehicle is in compliance with (a) all current registration, title, insurance, inspection, and license plate requirements; (b) all required original equipment manufacturer warranties and recall specifications; (c) all title requirements including a clean, non-salvaged, non-written off, non-washed, and non-branded title; and (d) all Ride Share Company requirements; and (e) all applicable laws. Any failure to adhere to this paragraph may result in a loss of insurance coverage.
10. Repair or Loss. Driver shall not service or repair the Vehicle and parts and accessories shall not be repaired or replaced by Driver, without the Owner’s prior written consent. Driver shall immediately alert Owner to any damage to or loss of the Vehicle or parts of the Vehicle. Driver shall be responsible for any loss or damage to Vehicle and the loss of use, diminution of the Vehicle’s value caused by the damage or repair or replacement of a part of the Vehicle. In the event of an accident, vandalism, or theft affecting the Vehicle, Driver shall report the incident to the Owner and HyreCar within 24 hours, excluding weekends and holidays. In the event the Vehicle is stolen, Owner and Driver shall report the incident to HyreCar within 24 hours, excluding holidays and weekends, and cooperate with local law enforcement.
11. Condition of the Vehicle. Driver and Owner both acknowledge that each has examined the Vehicle prior to the rental, and that it is in good condition. For insurance coverage to apply, Owner must upload pictures that accurately reflect the condition of the Vehicle at the Start Date & Time of the Rental Period to the HyreCar application. It is recommended that Driver also take accurate pictures of the Vehicle at the beginning and end of the Rental Period to avoid disputes at a later date. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPATIBILITY, 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/OR FITNESS FOR A PARTICULAR PURPOSE.
12. Vehicle and Driver Verification. It is the responsibility of the Owner to (a) verify that the Driver has a valid driver’s license before providing the Driver with access to the Vehicle; (b) ensure the driver’s license matches the name on the reservation; and (c) confirm that the person picking up the Vehicle matches the photograph on the driver’s license. It is the responsibility of the Driver to ensure that the vehicle they are renting matches the Vehicle information on the reservation.
13. Vehicle Ownership. Owner shall at all times during the Rental Period retain ownership and title to the Vehicle. Driver shall immediately notify Owner in the event the Vehicle is levied, has a lien attached or is threatened with lien and/or seizure as a result of Driver’s action, inaction, possession, or use of the Vehicle. Driver shall indemnify and hold Owner harmless against any and all losses and/or damages caused by such action or inaction.
15. Exculpation. HyreCar is a technology platform which facilitates a marketplace to allow transactions between vehicle owners and vehicle drivers. HyreCar does not own any vehicles nor is it responsible for any actions caused by any Owner or Driver. As such, both Owner and Driver waive any and all actual or potential claims against HyreCar on any grounds, including, but not limited to, the terms of this Agreement, the rental of any vehicle, insurance, indemnification, or arising out of any lawsuit, claim, or other form of damages or dispute.
16. Termination. This Agreement shall terminate at the end of the Rental Period. Owner reserves the right to terminate this Agreement earlier upon at least 3 days written notice to Driver or immediately in the event the Owners becomes aware of illegal activity.
17. Indemnification and Liability. Driver 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 Driver’s use of Vehicle by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM DRIVER’S USE OF THE VEHICLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Dispute Resolution. The Parties agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims under $25,000 shall be heard by a single arbitrator. Claims equal to or exceeding $25,000 shall be heard by a panel of three arbitrators. The place of arbitration shall be the City and State in which the Vehicle is registered. The arbitration shall be governed by the laws of the City and State where the Vehicle is registered. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 90 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Arbitrators will have the authority to allocate the costs of the arbitration process among the Parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a reasoned opinion. DRIVER AGREES THE DISPUTE MUST BE ON AN INDIVIDUAL BASIS AND DRIVER IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIMS. Notwithstanding the above, claims made by the Owner to repossess the Vehicle or for criminal action by the Driver may be made in the court of law at any time without the need to pursue arbitration.
19. Electronic Service. In jurisdictions where electronic service is permitted, Owner and Driver agree and consent to service of any process, including formal legal process in any legal proceedings, by electronic service, including e-mail, private facsimile, and any other forms of electronic communication to any contact point provided in their HyreCar account profile or otherwise provided by Owner or Driver. Owner and Driver agree to deem any service by electronic means to be the same as personal service. In jurisdictions where electronic service is not permitted, the parties will be subject to the requirements of the applicable jurisdiction.
20. Waiver. No failure of Owner to exercise or enforce any rights under this Agreement shall act as a waiver of any subsequent breach(es), and the waiver of any breach shall not act as a waiver of any subsequent breach(es). Owner’s acceptance of payment with knowledge of a default by Driver shall not constitute a waiver of any breach.
21. 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. Upon a determination that any term or other provision is invalid or illegal and is material to this Agreement, the parties shall negotiate in good faith to modify this Agreement to reflect the original intent of the parties as closely as possible.
22. Headings. The section headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
23. Survival. Any provisions of this Agreement that are necessary for the enforcement of the terms of this Agreement will survive termination.
24. 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 between the Owner and Driver.
25. Counterparts. This Agreement 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.
Renter’s Printed Name:
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Date 07/12/2022 06:16 AM PDT
Owner’s Printed Name:
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Date 07/12/2022 06:16 AM PDT