RENTAL DISCLAIMER & INSURANCE AGREEMENT
RENTAL DISCLAIMER
Pollard Camper Rental, LLC does not accept liability nor provide insurance for the protection of individuals, groups, organizations, businesses, spectators, or others who may participate in the rental. In consideration for your participation in said rental, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge Pollard Camper Rental, LLC and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the rental. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. I hereby agree on behalf of my heirs, executors, administrators, and assigns, to indemnify the Pollard Camper Rental, LLC and its officers, board and employees, joint and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury,which hereafter may be sustained by participating in the rental. It is further understood and agreed that said participation in the rental is not to be construed as an admission of any liability and acceptance of assumption of responsibility by Pollard Camper Rental, LLC, its officers, board, and employees, jointly and severally, for all damages and expenses for which Pollard Camper Rental, LLC, its officers, board and employees, become liable as a result of any alleged act of the rental participant.
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RENTAL AGREEMENT TERMS & CONDTIONS (“Terms & Conditions”)
1. Definitions. "Agreement" means all terms and conditions in these Terms & Conditions, the “Face Page,” any
addenda and any additional materials Renters or Authorized Drivers sign or we provide at the time of rental. “We,”
“our,” or “us” means the rental company named in this Agreement. "Renter", "Renters" or “You” means each
person identified on the Face Page as a Renter in this Agreement, any person signing this Agreement, any
Authorized Driver and any person or organization to whom charges are billed by us at its or the Renters' direction.
All persons referred to as "Renters” are jointly and severally liable and bound by this Agreement. "Authorized Driver"
means the Renters and any additional driver listed on this Agreement, provided that each such person has a valid
driver's license and is at least age 25. Only Authorized Drivers are permitted to drive the Vehicle. All persons referred
to as an "Authorized Driver” are jointly and severally liable and bound by this Agreement in regard to use of the
Vehicle. Each Authorized Driver expressly warrants and guarantees that by operating the Vehicle, the Authorized
Driver is competent, capable, licensed, and qualified to operate the Vehicle. "Vehicle" means the recreational
vehicle, motor home, truck camper or other motorized vehicle identified in this Agreement and any vehicle
we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys and Vehicle documents.
""Loss of use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss
during the Rental Period, including: use for rent, display for rent and sale, opportunity to upgrade or sell, or
transportation of employees. “Diminished Value” means the difference between the fair market value of the
Vehicle before damage and its value after repairs as calculated by a third-party estimate obtained by us or
on our behalf. “Charges” means the fees and charges incurred under this Agreement. All amounts expressed
under this Agreement shall be payable in U.S. Dollars. “Rental Period” means the period between the times
you take possession of the Vehicle and the Vehicle is either returned to or recovered by us and checked in
by us. “Vehicle License Fee ”or“ Vehicle License Cost Recovery Fee means a vehicle license cost recovery
fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling,
and registration costs or as otherwise defined under applicable law.
2.Rental, Indemnity and Warranties. This is a contract including for rental of the Vehicle. We may repossess the
Vehicle at Renters’ expense without notice to Renters, if the Vehicle is abandoned or used in violation of law or this
Agreement. To the fullest extent permitted by law, Renters agree to indemnify us, defend us, and hold us harmless
and immune from all claims for injury or damages, liability, costs and attorney fees we incur resulting from, or arising
out of, this Agreement and Renters’ or Authorized Drivers’ use in whole or in part, 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 particular purpose. Renters and Authorized Drivers shall protect all passengers
and the public from injury and shall protect the Vehicle from damage. The Renters and Authorized Drivers shall be responsible
for any injury to passengers or to the public and for any damage to property in and about the Vehicle, except and only if we are
wholly and entirely negligent without any contribution of negligence by Renters, Authorized Drivers, or third parties.
3. Condition and Return of Vehicle. Renters must return the Vehicle to our rental office or other location we specify,
on the date and time specified in this Agreement hereto, and in the same condition that Renters received it, except
for ordinary wear. If the Vehicle is returned after closing hours, Renters remain responsible for the safety of, and
any damage to, the Vehicle until we inspect it upon our next opening for business (regardless of when such loss
or damage occurred), and Charges may continue to accrue until that time. Service to the Vehicle or
replacement of parts or accessories during the rental must have our prior approval. Renters must check and
maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented unless we
offer, and you purchase, a prepaid fuel option.
4. Responsibility for Damage or Loss; Reporting to Police. Renters are responsible for all damage to, loss
of, or theft of the Vehicle during the Rental Period, including damage caused by weather, terrain conditions,
and acts of God. Renters’ responsibility will include: (a) all damage to the Vehicle measured as follows: (i) if
we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we
determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately
before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value
or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily
rental rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is
replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a
penalty. Loss of use is payable regardless of fleet utilization; (c) an administrative fee, calculated based on
the damage repair estimate as follows, which you agree is reasonable: $0-$250 damage=$50 fee; $251-$500
damage=$75 fee; $501-$750 damage=$100 fee; $751-$1500 damage=$150 fee; $1501-$2500
damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other
reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this
Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not
litigation is commenced. Renters must report all accidents or incidents of theft and vandalism to us and the
police as soon as they are discovered.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are breaches of this Agreement. The
Renters and Authorized Drivers shall not use or permit the use of the Vehicle:(a) by anyone who is not an
Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone
under the influence of any drug or alcohol; (c) by anyone who obtained the Vehicle or extended the
Rental Period by giving us false, fraudulent or misleading information, or who withheld information
that would have caused us not to rent the Vehicle; (d) in furtherance of any illegal purpose or under
any circumstance that would constitute a violation of law other than a minor traffic violation; (e) to
carry persons or property for hire; (f) to push or tow anything without our prior written consent;(g) to
teach anyone to drive, or to carry objects on the roof of the Vehicle; (h) in any race, speed test or
contest; (i) to carry dangerous or hazardous items or illegal materiel; (j) for travel outside of the United
States or Canada, specifically excluding travel into Mexico; (k) when loaded beyond its capacity as
determined by the manufacturer of the Vehicle; (l) on unpaved surfaces, except at designated
campgrounds; (m) to transport more persons than the Vehicle has seat belts, or to carry persons
outside the passenger compartment; (n) to transport children without approved child safety seats as
required by local law; (o) when the odometer has been tampered with or disconnected; (p) when the
Vehicle's fluid levels are low, or it is otherwise reasonable to expect Renters to know that further
operation would damage the Vehicle; (q) in a manner that causes damage to the Vehicle due to
inadequately secured cargo; (r) after an accident with the Vehicle unless and until Renters summon
the police to the accident scene;(s) for anyone sitting, standing or lying on the roof of the Vehicle; (t)
by anyone who is driving or operating the Vehicle while using a hand-held wireless communication
device or other decide that is capable of receiving or transmitting telephonic communications,
electronic data, mail or text messages, while not in a hands-free mode; (u) in violation of any “Rules
of the Road,” vehicle safety and operations training, or other similar materials or instructions that we
provide to you at the time of rental;(v) to transport an animal (other than a service animal); and (w) in
a reckless manner or with willful or intentional disregard to the Vehicle or to third parties and their
property. Smoking in the vehicle is also prohibited.
6. Insurance. Renters and Authorized Drivers are responsible for all damage or loss Renters or Authorized Drivers
cause to others. Renters and Authorized Drivers agree to provide auto liability, collision, under-insured and uninsured
policies, and comprehensive insurance covering Renters, Authorized Drivers, and us as a third-party beneficiary,
passengers, and the Vehicle in the minimum amount required by state law. Where state law requires the Vehicle
owner to provide auto liability insurance, we shall provide auto liability insurance (the “Liability Policy") that is
secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy
shall provide bodily injury and property damage liability coverage with limits no higher than minimum levels
prescribed by the financial responsibility laws of the legal locality travelled whose laws apply to the loss. Renters,
Authorized Drivers, and we reject Personal Injury Protection, medical payments, no-fault and uninsured
and under-insured motorist coverage, to the extent. Coverage under the Liability Policy is void if you materially
breach this agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer or if you
give the rental vehicle to an unauthorized driver. You must: (a) report all damage to us and all accidents to us
and the police as soon as you discover them and complete our incident report form; and (b) provide us with
a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident
involving the Vehicle.
7. Charges. In addition to the basic trip cost stated on the Face Page of this rental agreement, Renters will pay us,
or the appropriate government authorities, on demand all Charges due us under this Agreement, including: (a) time
and mileage for the period Renters keep the Vehicle, or a mileage charge based on our experience if the odometer
is tampered with; (b) charges for additional drivers; (c) optional products and services Renters purchased; (d)a
refueling fee if Renters return the Vehicle with less fuel than when rented; (e) taxes, fees, and surcharges; (f) all
parking, traffic and toll violations, citations, fines, penalties, forfeitures, court costs, towing, impound, and storage
charges and other expenses involving the Vehicle assessed against us or the Vehicle; (g) all costs, including pre-
and post-judgment attorney fees, we” incur collecting payment from Renters or otherwise enforcing or defending
our rights under this Agreement; (h) a 2% per month late payment fee or the maximum amount allowed by law, on
all amounts paid after payment is due; (i) $50, plus $5/mile for every mile between the renting location and the place
where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we incur; (j) $50
or the maximum amount permitted by law, if Renters pay us with a check returned unpaid for any reason; and (k) a
reasonable fee to clean the Vehicle if returned substantially or materially less clean than when rented or if the
Vehicle contains evidence of smoking or animals. All Charges are subject to a final audit. If errors are
found, you authorize us to correct the Charges with your payment card issuer.
8. Deposit. You permit us to reserve against your payment card (“Reserve”) or take a cash deposit
(“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may
use the Reserve or Deposit to pay all charges, but will not use the Reserve or Deposit to pay for
damage to the Vehicle for which you may be responsible unless you agree separately to allow it after
the amount of damage is determined. We will authorize the release of any excess Reserve or refund
any excess Deposit after the completion of your rental. Your payment card issuer’s rules will apply
to your account being credited for the excess and it may not be immediately released by your card
issuer.
9. Renters’ Property. To the extent permitted by law, Renters and Authorized Drivers release us, our agents,
officers, employees, subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us from all
claims for loss of, or damage to, Renters’ 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 any service vehicle or in our offices, unless the loss or
damage was caused by our sole negligence or was otherwise our responsibility expressly-agreed in writing.
10. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the
charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion,
and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the
Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Toll
or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to
$50 for each such notification. You authorize us to release your payment card and rental information to a
Processor and charging authorities for processing and billing purposes. If we or the Processor pay a Toll or
Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees
to the payment card you used in connection with this rental.
11. Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for
more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the Vehicle
is inoperable.
12. Personal Information; Communications. You agree that we may disclose personally identifiable
information about you to law enforcement agencies or to other third parties in connection with our enforcement
of our rights under this Agreement and other legitimate business functions. The Vehicle also may be
equipped with devices that permit you to pair your own mobile devices, and which may download your
personal contacts, communications, location or other digital data. You should delete all personal
information from the Vehicle’s systems before returning it. Questions regarding privacy should be directed
to the location where you rented the Vehicle.
13. Telematics Notice. The Vehicle may be equipped with global positioning satellite (GPS) technology or
another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that your
use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent
permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer,
oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may
deem necessary. To the extent permitted by law, we may disable the Vehicle when we deem necessary,
including if you breach this Agreement. You should have no expectation of privacy related to your use
of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this section, and
that you have authorized release of information collected by GPS or other telematics system or EDR. We are
not responsible for the operability of any telematics navigational or other system included with the Vehicle. To
the extent permitted by law, you agree to release us and agree to indemnify, defend and hold us harmless from
any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate
properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
14. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches
of this Agreement. Renters and Authorized Drivers waive all recourse against us, our agents, officers, employees,
subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us for any criminal reports or
prosecutions that we take against Renters and Authorized Drivers that arise out of Renters’ or Authorized Drivers’
breach of this Agreement.
15. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If
Renters wish to extend the rental period, Renters 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 Renters,
Authorized Drivers and us. All prior representations and agreements between Renters, Authorized Drivers and us
regarding this Agreement are void.
16. Waiver, Damages, Assignment. An express waiver in writing by us of any breach of this Agreement is not a
waiver of any additional breach or waiver of the performance of Renters’ or Authorized Drivers’ obligations under
this Agreement. Our acceptance of payment from Renters 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. To the extent
permitted by law, Renters and Authorized Drivers release us, our agents, officers, employees,
subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us from any liability
for consequential, special or punitive damages in connection with this rental or the reservation of Vehicle.
Neither Renters nor Authorized Drivers may assign or transfer this Agreement, nor any rights, duties, nor
obligations hereunder.
17. Headings. The headings in this Agreement have been inserted for convenient reference only and shall
not be considered in any questions of interpretation or construction of this Agreement.
18.Severability.The provisions of this Agreement are severable and independent, and if any such provision
shall be determined to be unenforceable in whole or in part, the remaining provisions and any partially
enforceable provision shall, to the extent enforceable in any jurisdiction, nevertheless be binding and
enforceable.
