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1.  Definitions.  "Agreement" means all terms and conditions found in this form.  "You" or "your" means the person identified as the renter or any person signing the Rental 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 business named on the reverse side of this Agreement.  "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each driver has a valid driver's license and, is at least 25 years of age unless the age restriction is changed by us elsewhere in this Agreement.   "Vehicle" means the Yamaha Rhino and Trailer as identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents.  "CDW" means Collision Damage Waiver.  "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or theft; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire.  "Loss of use" means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental.  Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired or replaced, times the lowest daily rental rate.

2.  Rental, Indemnity and Warranties.  This is a contract for the rental of the Yamaha Rhino and use of trailer.  We may repossess the either at your expense without notice to you, if either the Rhino or trailer 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 agreement and your use of the Rhino, including personnel injury to you and/or any passengers.  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.

3.  Condition and Return of Vehicle.  You must return the Vehicle to the agreed upon other location, 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 the agreed upon date and time, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it. 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.

4.  Responsibility for Damage or Loss to the Yamaha Rhino and Trailer; Reporting to Police.  You are responsible for all damage to the Rhino and Trailer, including damage caused by weather, acts of god or terrain conditions.  You are responsible for 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 of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

5.  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. Liability or collision damage from use of trailer is not covered by any insurance we provide.

6.  Charges.  You will pay us on demand all charges due under this Agreement, including:  (a) time for the period during that you keep the Vehicle; (b) fuel, if you return the Vehicle with less fuel than when rented; (c) applicable taxes; (d) 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; (e) 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; (f) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (h) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $50 to clean the Vehicle if returned substantially less clean than when rented.

7.  Deposit.  We may use your security deposit and bill your credit card to pay any amounts owed to us under this Agreement.

8.  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. 

9. Breach of Agreement.  The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and 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.

10.  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 or make other agreed upon arrangements verbally with us.  This Agreement constitutes the entire agreement between you and us.  All prior representations and agreements between you and us regarding this rental are void.

11.  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.

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Verde River Rock House
Bed and Breakfast
602 W. Eleanor Drive | Payson, AZ 85541
P: (928)472-4304 or (602) 696-0213 | F: (480) 444-0236
verderiverbnb@aol.com

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