RENTAL AGREEMENT TERMS AND CONDITIONS
These terms and conditions are incorporated into the NEO Transportation, LLC Rental Agreement (the “Rental Agreement”). By signing the Rental Agreement, you agree to be bound to these terms and conditions.
1. The Parties and Other Terms. “We,” “us,” or “our” means NEO Transportation, LLC. “Vehicle” is the vehicle described in this Rental Agreement, any replacement, and all its equipment, tires, tools, license plates, accessories, keys, and documents. “You” means the person signing as the “Customer” in the Rental Agreement (also referred to as the “renter”), any authorized driver as defined by the law of this state, any driver authorized by us to operate the Vehicle, and any other person to whom charges are billed. All persons designated as “you” are jointly and severally liable under the terms of this Agreement. This “Agreement” means the Rental Agreement to which these terms and conditions are attached, these terms and conditions, the additional terms attached hereto, the Rate Schedule, and (if applicable) the Damage Waiver agreement. “This state” means the state of Ohio (the state in which we rented the Vehicle to you). “Rental Period” includes the time specified in the Rental Agreement and any additional time you keep the Vehicle, whether authorized by us or not. Unless otherwise provided by the law of this state, “loss of use” means the product of the daily rental rate as specified in this Agreement and the estimated number of days between the date of damage to the Vehicle and the date the Vehicle is ready to return to rental service or be replaced.
2. Rental and Repossession. You are authorized to use the Vehicle only for the Rental Period specified in the Rental Agreement. You may not keep the Vehicle beyond the due date without our prior approval. We reserve the right to require you to return the Vehicle to us for inspection prior to an extension of the due date. If you fail to return the Vehicle by the due date, you may be charged a late fee for each day that the Vehicle is not returned in addition to the daily rates for the Vehicle. You are authorized to drive the Vehicle only in the contiguous United States and Canada, subject to any further restrictions within those areas imposed by your insurance company (“Authorized Geographic Area”). You acquire no other interest, title or rights in the Vehicle, and you may not re-rent, sub-rent, lease or sell it to anyone else. We have the right to repossess the Vehicle at your sole expense, without advance notice to you, if it is abandoned, lost, stolen, illegally parked, kept beyond the due date without notice to us, rented to you based on false or fraudulent information given to us at the time of rental, not returned to us immediately upon our demand to return it, or if you otherwise breach this Agreement, as determined in our reasonable discretion.
3. Return of Vehicle. You will return the Vehicle to us during our regular business hours, at the location and on the due date specified in the Rental Agreement, and in the same condition as you received it, ordinary wear and tear excepted. If you do not return the Vehicle to the location specified in the Rental Agreement, you will pay us, where allowed by law, a minimum drop-off charge plus a mileage charge for each mile between the actual drop-off site and the location specified in this Agreement. You may be prosecuted if the Vehicle is not returned to us by the due date. If agreed to, you may return the Vehicle to the location specified in the Rental Agreement after our regular business hours (“After Hours Drop Off”). You are responsible for any damage to the Vehicle for one (1) hour after your After Hours Drop Off time. If you fail to return the Vehicle for any reason, regardless of fault, you must pay us its retail fair market value at the time we rented it to you, plus damages for our loss of use of the Vehicle, and our administrative expenses incurred in locating and returning the Vehicle to the renting location. You must clean the Vehicle (wash the exterior, vacuum the interior, wipe down all plastic and vinyl surfaces, and clean all windows) before returning it to us. If the Vehicle is returned without being properly cleaned, you may be responsible for a cleaning charge as specified in our posted Rate Schedule. If the Vehicle is damaged or otherwise in an unacceptable condition when you return it, we reserve the right to charge you for all actual repairs and related costs that we incur, plus damages for our loss of use of the Vehicle while it is being repaired, and our administrative and recovery costs. If the law of this state limits our recovery for failure to return the Vehicle or for damage to the Vehicle, you will pay us for all damage or loss up to the amount permitted by the law of this state.
4. No Agency or Warranties. This transaction is for the rental of personal property. You are not our agent. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE.
5. Repairs and Service; Fluid Levels. You are responsible for maintaining the condition of the Vehicle during the Rental Period. All repairs or service to the Vehicle must have our prior approval. You are responsible for checking and maintaining proper fluid levels of the Vehicle during the Rental Period. You acknowledge that operation of the Vehicle with low fluid levels may cause damage to the Vehicle. You will be responsible for any damage to the Vehicle caused by your failure to maintain proper fluid levels or otherwise maintain the condition of the Vehicle during the Rental Period.
6. Only Authorized Drivers May Operate Vehicle. The Vehicle may only be driven or operated by the renter and any Additional Drivers authorized by us in the Rental Agreement or authorized by the law of this state. If you permit any unauthorized driver to operate the Vehicle, you shall be fully responsible for the acts, omissions, or breach of this Agreement by such unauthorized driver. All drivers must be licensed and at least 21 years of age or such higher age as may be required by the law of this state. You and any Additional Drivers (as authorized by this Agreement) agree to be jointly and severally liable for any and all liabilities, injuries, losses, damages, costs, attorneys’ fees, and other expenses incurred in connection with your rental, operation or possession of the Vehicle, Breach of this Agreement, or any other fees or amounts owed to us as set forth in Section 13 of this Agreement. Any settlement of any claim with, or release of, any driver shall not constitute a compromise, settlement or release of any other driver.
7. Damage Waiver. Where allowed by the law of this state, you have the option of purchasing a Damage Waiver (“DW”) from us, which provides a maximum of a $1000 benefit, which can be used for either: (a) minor damages of up to $1000 not paid by insurance, or (b) to cover your deductible on an insurance claim up to the amount of your insurance deductible or $1000, whichever is less. You must purchase a DW at the time of rental in order for it to be effective. The DW covers only damage caused by collision or accident, and you remain responsible for all damage to and loss of use of the Vehicle caused by theft, fire, or acts of nature, unless the law of this state requires otherwise. If you commit a Breach (as defined in Section 8), where allowed by law, such Breach will void the DW. You will also void the DW if you fail to call the police to the scene of an accident involving the Vehicle, you fail to report all accidents and incidents of theft or vandalism to us and to the police within 24 hours of occurrence or upon discovery, or you fail to pay all of the rental charges when the Vehicle is returned to us.
8. Breaches of this Agreement. If you commit any one of the following acts, or breach any other term of this Agreement (each, a “Breach”), you will have breached this Agreement and will be held liable for damages for such Breach: (a) transportation in the Vehicle of persons or property for hire (unless expressly authorized by us in this Rental Agreement); (b) participation in a race, speed test, or contest involving the Vehicle; (c) using the Vehicle for an illegal purpose or under any circumstances that would constitute a violation of law; (d) operation of the Vehicle in a reckless, willful, or wanton manner, including without limitation driving while using a hand-held wireless communication device; (e) operation of the Vehicle on unpaved roads; (f) causing damage to the Vehicle intentionally, willfully or due to gross negligence; (g) teaching anyone to drive in the Vehicle; (h) pushing or towing anything with the Vehicle except as expressly permitted by this Agreement, and then only with a coupling device that is approved by us; (i) driving the Vehicle through or under an underpass or other structure without sufficient clearance; (j) operation of the Vehicle by an unauthorized driver; (k) operating the Vehicle under the influence of drugs or intoxicants; (l) using the Vehicle to transport hazardous or illegal material; (m) tampering with or disconnecting the Vehicle odometer; (n) taking the Vehicle outside the Authorized Geographic Area; (o) transporting more passengers than the number of seat belts in the Vehicle, or transporting passengers outside the passenger compartment; (p) operating the Vehicle when you should reasonably know that further operation would damage it; (q) loading the Vehicle beyond its rated capacity; (r) transporting children without approved child safety seats where required by law; (s) operating the Vehicle with low fluid levels; (t) causing damage to the freight box of the Vehicle due to inadequately secured cargo; (u) damaging the transmission due to improper shifting or due to lack of experience with manual transmissions; (v) obtaining a Vehicle from us by means of false, fraudulent, or misleading information; or (w) driving the Vehicle into a stationary object. IF YOU COMMIT ANY OF THE ACTS DESCRIBED IN SUBSECTIONS (A) THROUGH (W) ABOVE, SUCH ACT WILL AUTOMATICALLY TERMINATE YOUR RIGHT TO USE THE VEHICLE AND IS AN EXCLUSION FROM AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO ROADSIDE ASSISTANCE OR DAMAGE WAIVER.
9. Your Responsibilities; Indemnification. You are responsible for obtaining at your sole cost and expense all applicable fuel, weight, and road use permits. You are liable for, and will indemnify us against, all fines, costs, penalties, and forfeitures (including, by way of example, parking tickets, towing charges, booting expenses, and storage fees) that are assessed against us or the Vehicle or that we otherwise incur in connection with parking, traffic, toll, and other violations caused by you during the Rental Period (collectively, “Fines”), together with any related legal expenses (including attorneys’ fees) and court costs. You agree that we may, in our sole discretion, pay all Fines on your behalf directly to the appropriate authority, and you will promptly reimburse us the full amount of any such Fines plus an administrative fee of (i) $5 or (ii) ten percent (10%) of such Fines, whichever is greater. To the fullest extent permitted by the law of this state, you shall defend and indemnify us and hold us harmless from and against any and all claims, Fines, damages, liabilities, injuries, losses, costs, attorneys’ fees, and other expenses (whether incurred in defending claims or in seeking reimbursement and indemnity from you or otherwise) (collectively, “Losses”) incurred by us in any manner, arising out of your or any Additional Drivers: (a) rental, operation or possession of the Vehicle, (b)breach of any provision of this Agreement, and/or (c) negligence or intentional misconduct (or that of anyone you permit as a passenger in the Vehicle You may present a claim to your insurance carrier for such Losses, but in any event, you shall have final responsibility to us for all such Losses. To the extent permitted by the law of this state, you will reimburse us for all attorneys’ fees we incur in any successful action we bring against you to enforce our rights under this Agreement.
10. Insurance. (a) Your Insurance: You represent and warrant to us that you carry automobile liability insurance in at least the minimum amounts prescribed by the law of this state and that such insurance will remain in place for the entire Rental Period, including any extensions of the due date. Your automobile insurance, including coverages for liability for bodily injury and property damage, no-fault, uninsured motorists, underinsured motorists, collision, and comprehensive, will be used to pay any damages due third parties as well as to cover damage to or loss of the Vehicle incurred during the Rental Period. (b) Our Basic Insurance: We maintain liability insurance through a basic automobile liability policy or in accordance with the requirements of a qualified self-insurer (the “Policy”). The Policy provides only the minimum limits prescribed by the financial responsibility laws of this state, and where such laws allow us to elect not to carry uninsured or underinsured motorists, no-fault, or other coverage, we have so elected. Where permitted by the law of this state, you expressly waive any right to claim uninsured or underinsured motorist protection from us. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. The Policy does not cover liability imposed by any worker’s compensation or similar statute and is void in Mexico. The Policy may not cover you. (c) Optional Insurance: At our sole option, we may elect to maintain additional insurance coverage on the Vehicle (“Optional Insurance”). Such Optional Insurance policy will be in your name. Should the need arise, we will provide you with applicable information regarding such Optional Insurance, and you will be responsible for pursuing claims under such Optional Insurance. (d) Your Additional Obligations: If you fail to carry the required insurance, do not cooperate in any investigation, or fail to report and pursue claims or suits to us or any applicable insurer in a timely manner, you will indemnify and hold us harmless for all losses in excess of available insurance that we are obligated to pay to any other person because of your failure. Unless required by the law of this state to be primary or excess, any and all insurance protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary, or contingent in any way.
11. When You Are Required to Call the Police. You must report all incidents of theft or vandalism to the police as soon as you discover them. You will call the police to the scene of any accident involving the Vehicle. You will report to us all accidents and other kinds of damage to the Vehicle within 24 hours after they occur, or you discover them, whichever is sooner.
12. Optional Emergency Roadside Assistance. If you select the optional Emergency Roadside Assistance under this Agreement, you are eligible to receive Emergency Roadside Assistance Coverage, which entitles you to the following benefits: (a) comprehensive towing when the Vehicle is unable to safely proceed under its power up to $100 per disablement (any amounts over $100 would be paid by you); (b) flat tire change (with Vehicle’s good spare); (c) battery boost (jump start); (d) emergency fuel delivery; and (e) lockout assistance. YOU MUST CALL BEFORE USING ANY OF THE SERVICES LISTED ABOVE. CALLING AFTER SERVICE IS PERFORMED WILL RESULT IN THE CLAIM BEING DENIED, AND YOU WILL BE RESPONSIBLE FOR THE COST OF ANY OF THE AFOREMENTIONED SERVICES RENDERED. IF YOU DID NOT ELECT THE EMERGENCY ROADSIDE ASSISTANCE, DO NOT ATTEMPT TO USE THE SERVICE.
13. What You Owe Us; Deposit. You will pay us, on demand, all amounts due to us under this Agreement that are allowed by law, including, but not limited to: (a) all daily rental fees and time and mileage charges for the Rental Period; (b) charges for additional drivers; (c) drop-off fees if you return the Vehicle to a location different from where you picked it up; (d) additional mileage charges for use of trailer hitch; (e) charges for optional DW, Emergency Roadside Assistance, Portable GPS, Renter’s Collision Protection (“RCP”), and all other optional items you elect; (f) charges to fill the fuel tank if you return the Vehicle with less gasoline than when rented; (g) a late fee if you fail to return the Vehicle by the due date specified in the Agreement; (h) a replacement fee if you lose the key(s) or other accessories to the Vehicle; (i) a cleaning charge if you or anyone else smokes in the Vehicle; (j) a cleaning charge if the Vehicle is not returned properly cleaned pursuant to Section 3; (k) applicable sales, use, and other taxes; (l) Fines (including all related administrative fees); (m) the cost of the Loss of, or damage to, the Vehicle, which is the actual costs of repair, or actual cash value (“ACV”) or replacement cost value (“RCV”) of the Vehicle (whichever is higher) if it is not repairable, plus loss of the Vehicle and our administrative and recovery costs; (n) our costs of locating and recovering the Vehicle if you fail to return it; (o) any amounts in excess of available insurance that we pay because of your negligence; (p) all damages, costs, and expenses we incur as a result of your breach of this Agreement, (q) all pre- and post-judgment costs including attorneys’ fees we incur in collecting payments due from you; (r) a mileage charge (determined in our sole discretion) if the Vehicle odometer has been damaged or disconnected; and (s) interest of two percent (2%) per month (or the highest amount allowed by the law of this state, if lower) on all amounts due us that are not paid when the Vehicle is returned or otherwise upon demand. You authorize us to charge your credit card for items (a) through (l). We may use your deposit to pay any amounts owed to us by you.
14. Damages Releases. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THIS STATE, YOU HEREBY RELEASE US, OUR AGENTS, AND OUR EMPLOYEES FROM ALL CLAIMS FOR LOSS OF, OR DAMAGE TO, ANY PERSONAL PROPERTY THAT WAS LEFT, STORED, HANDLED, OR CARRIED IN OR ON THE VEHICLE OR IN ANY OF OUR SERVICE VEHICLES, PREMISES, OR OFFICES, REGARDLESS OF THE CAUSE OF SUCH LOSS OR DAMAGE. YOU HEREBY RELEASE US FROM ALL LIABILITY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE RENTAL, OPERATION, OR RESERVATION OF A VEHICLE. WE ACCEPT NO RESPONSIBILITY FOR ANY THEFT, DAMAGE OR LOSS TO ANY PERSONAL, BUSINESS OR OTHER VEHICLE OR CONTENTS THEREOF THAT IS LEFT OR STORED ON OUR PREMISES REGARDLESS OF THE CAUSE OF SUCH LOSS OR DAMAGE (EXCEPT FOR THOSE LOSSES OR DAMAGES DIRECTLY CAUSED BY US OR OUR AGENTS OR EMPLOYEES).
15. Dispute Resolution. Except as otherwise provided herein, all disputes between you and us arising out of, relating to, or in connection with this Agreement shall be exclusively settled through binding arbitration administered by JAMS in accordance with the then-prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”). The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator will be selected pursuant to the JAMS Rules and Procedures. The arbitration will be held in Tuscarawas County, Ohio, or at such other location as you and we may agree. The arbitrator’s award may be entered in any court of competent jurisdiction. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. SUBJECT TO THE LAW OF THIS STATE, YOU AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OHIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULES THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
16. Miscellaneous. This Agreement may not be modified except by a written document signed by us. Our rights and remedies hereunder are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise. No single or partial exercise by us of any right or remedy precludes or otherwise affects the exercise of any other right or remedy to which we may be entitled. If any provision of this Agreement is held to be unenforceable or invalid by an arbitrator or court of competent jurisdiction over this Agreement, such provision will be severed from this Agreement or modified to the minimum extent necessary to reflect the parties’ intention, and all remaining provisions shall remain in full force and effect. This Rental Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. The parties agree that this Rental Agreement may be electronically signed, that any digital or electronic signatures (including pdf, facsimile or electronically imaged signatures provided by DocuSign or any other digital signature provider) appearing on this Rental Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility, and that delivery of any such electronic signature to, or a signed copy of, this Rental Agreement may be made by facsimile, email or other electronic transmission.
Additional Terms:
A. Vehicle use for commercial purposes.
_____ You certify that the Vehicle will not be used for transportation of persons or property for hire.
_____ The Vehicle may be used for transportation of persons or property for hire. You must have appropriate insurance for this use, which is subject to our approval. In addition, such insurance must name NEO Transportation, LLC as an additional insured, unless this requirement is waived by NEO Transportation, LLC.*
*________ Additional insured requirement waived by NEO Transportation, LLC.
B. Vehicle use for towing.
_____ You certify that the Vehicle will not be used for towing purposes.
_____ The Vehicle may be used for towing purposes. You must comply with all towing terms and conditions set forth on Addendum A attached hereto.
C. Passenger Van Safety Acknowledgement. If you are renting a vehicle that accommodates twelve (12) or more passengers (a “Passenger Van”), you acknowledge the following risks associated with operating a such a vehicle:
• Passenger Vans have a rollover risk similar to other light trucks, SUVs, and vans.
• The risk of rollover increases dramatically as the number of occupants is increased from fewer than 5 persons to more than 10. Passenger Vans should be loaded by filling the front seats first.
• The weight of the Passenger Van, particularly when fully occupied, causes the center of gravity to shift rearward and upward which will increase the likelihood of rollover.
• The shift in the center of gravity will also increase the potential for loss of control in panic or other sudden maneuvers.
• The weight of a fully occupied Passenger Van requires additional stopping distance.
• The width of the Passenger Van allows for less lane room.
• The length of the Passenger Van increases distance needed for making turns, changing lanes, and braking.
___ By initialing here, you acknowledge that you have read the foregoing and understand the risks involved in operating a Passenger Van and that extra caution is needed to operate a Passenger Van.
D. Child Car Safety Seat. You understand that we can provide child car safety seats upon request for a charge as specified in our posted Rate Schedule. You also understand that it is solely your responsibility to request and use a child car safety seat in compliance with all applicable laws.
___ By initialing here, you acknowledge that you have read the foregoing and understand your responsibilities.
E. Additional Terms.
- No Sunday pick up
- Smoking is not allowed in the Vehicle
- Pets are not permitted in the Vehicle. Service animals may be permitted.
- Extra mile charge may apply
- All rates, fees, and charges not otherwise specified herein are as set forth in our current Rate Schedule which is posted and been made available to you. You acknowledge that the Rate Schedule has been provided to you, includes all optional items that have been offered to you and additional charges that may be imposed, and agree that posted rates and additional charges may apply.
- The Vehicle must be returned to the following location unless otherwise agreed by us in advance and in writing:
2328 TR 415, Dundee, OH 44624; Our phone (330) 893-7368
Rate Schedule
Daily Rates and Charges
Note: all daily rates apply to the full duration of the Rental Period
Daily Rate (200 miles included)
Processing Fee (for applicable credit card and government fees)
Electronic Signature/DocuSign Fee
Late Fee
Fuel
Extra mile charge
Drop-off charge (if Vehicle returned to location other than specified in the Agreement)
Key and Accessories Replacement Fee
Smoking charge
Cleaning charge
Optional Items
Item
Towing hitch
Renter’s collision protection (RCP)
Emergency Roadside Assistance
Damage Waiver (DW)
Child car seat
By initialing below, you acknowledge that you have been offered the foregoing optional items and agree that the posted rates and additional charges may apply.
ADDENDUM A: TOWING TERMS AND CONDITIONS
Towing Safety Acknowledgement. If you are renting a vehicle that you will use for towing purposes (the “Towing Vehicle”), you acknowledge the following risks associated with operating such a vehicle:
• Towing Vehicles have a rollover risk similar to other light trucks, SUVs, and vans.
• The weight of the Towing Vehicle causes the center of gravity to shift rearward and upward which will increase the likelihood of rollover.
• The shift in the center of gravity will also increase the potential for loss of control in panic or other sudden maneuvers.
• The weight of a Towing Vehicle requires additional stopping distance.
• The width of the Towing Vehicle allows for less lane room.
• The length of the Towing Vehicle increases distance needed for making turns, changing lanes, and braking.
___ By initialing here, you acknowledge that you have read the foregoing and understand the risks involved in operating a Towing Vehicle and that extra caution is needed to operate a Towing Vehicle.
Trailer Requirements. If you are renting a Towing Vehicle, you must comply with the following requirements:
• Any trailer attached to the Towing Vehicle may not exceed this size and capacity:
• Any trailer attached to the Towing Vehicle must be light duty and single axle.
• Any trailer attached to the Towing Vehicle does not require its own braking system.
___ By initialing here, you acknowledge that you have read the foregoing and understand the requirements of any trailer attached to the Towing Vehicle.
