HomeMy WebLinkAboutContract 61359CSC No. 61359
ADDENDUM TO RENTAL AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
DFW RV RENTALS, LLC
This Addendum to Rental Agreement ("Addendum") is entered into by and between DFW
RV Rentals, LLC ("Vendor") and the City of Fort Worth ("City"), individually referred to as
"party" and collectively the "parties", for Recreational Vehicle Rentals.
The Contract documents shall include the following:
1. The Rental Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Rental Agreement
("Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by
a representative of each party duly authorized to bind the parties hereto, that the parties hereby
agree that the provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Term. The Agreement shall become effective upon the signing of the Agreement
by the Assistant City Manager ("Effective Date") and shall expire no later than twelve months
from effective date ("Expiration Date"), unless terminated earlier in accordance with the
provisions of the Agreement. The Agreement may be renewed for four (4) one-year renewals by
written mutual agreement of the parties, each a "Renewal Term."
2. Compensation. Total compensation under this Agreement will not exceed fifty
thousand dollars ($50,000.00) annually. City will pay Vendor in accordance with the Prompt Payment
Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement. Vendor will not
perform any additional services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City will not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
3. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other party with 30 days' written notice of
termination.
b. Breach. If either parry commits a material breach of the Agreement, the non -
breaching Party must give written notice to the breaching party that describes the breach
in reasonable detail. The breaching party must cure the breach ten (10) calendar days after
receipt of notice from the non -breaching party, or other time frame as agreed to by the
parties. If the breaching party fails to cure the breach within the stated period of time, the
non -breaching party may, in its sole discretion, and without prejudice to any other right
OFFICIAL RECORD
Addendum CITY SECRETARY Page 1 of 15
FT. WORTH, TX
under the Agreement, law, or equity, immediately terminate this Agreement by giving
written notice to the breaching parry.
C. Fiscal Funding Out. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
d. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City -provided data to
City in a machine-readable format or other format deemed acceptable to City.
4. Attornevs' Fees, Penalties, and Liquidated Damages. To the extent the attached
Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties
or liquidated damages in any amount, City objects to these terms and any such terms are hereby
deleted from the Agreement and shall have no force or effect.
5. Law and Venue. The Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed in accordance with the laws of the United States and state of
Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement
shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement
is required to be governed by any state law other than Texas or venue in Tarrant County, City
objects to such terms and any such terms are hereby deleted from the Agreement and shall have
no force or effect.
6. Notices to Parties. Notices required pursuant to the provisions of this Agreement
shall be conclusively determined to have been delivered when (1) hand -delivered to the other party,
its agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other parry by United States Mail,
registered, return receipt requested, addressed as follows:
Addendum Page 2 of 15
TO BUYER:
City of Fort Worth
Attn: Purchasing Manager
100 Fort Worth Trail
Fort Worth, TX 76102
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's
Office at same address
TO SELLER:
DFW RV Rentals, LLC
Attn: Jonathan Dies,
Owner 232 Bayne Rd
Haslet, TX 76052
7. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by
Governmental Units," is self -insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self -insured status as
requested by Vendor.
8. Sovereign Immunitv. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
9. Limitation of Liabilitv and Indemnitv. TO THE EXTENT THE
AGREEMENT, IN ANY WAY, LIMITS THE LIABILITY OF VENDOR OR REQUIRES
CITY TO INDEMNIFY OR HOLD VENDOR OR ANY THIRD PARTY HARMLESS
FROM DAMAGES OF ANY HIND OR CHARACTER, CITY OBJECTS TO THESE
TERMS AND ANY SUCH TERMS ARE HEREBY DELETED FROM THE AGREEMENT
AND SHALL HAVE NO FORCE OR EFFECT.
10. No Mandatory Arbitration. To the extent the Agreement requires mandatory
arbitration to resolve conflicts, City objects to these terms and any such terms are hereby deleted
from the Agreement and shall have no force or effect.
11. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is
understood and agreed that all obligations of City hereunder are subject to the availability of funds.
If such funds are not appropriated or become unavailable, City shall have the right to terminate the
Agreement except for those portions of funds which have been appropriated prior to termination.
12. Public Information. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. To the extent the Agreement requires that City maintain records in violation of
the Act, City hereby objects to such provisions and such provisions are hereby deleted from the
Agreement and shall have no force or effect. In the event there is a request for information marked
Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of
Addendum Page 3 of 15
Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
13. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
14. Immigration Nationalitv Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any Vendor
employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice
to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
15. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
16. Counterparts. This Addendum may be executed in multiple counterparts, each of
which shall be an original and all of which shall constitute one and the same instrument. A
facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as
and shall have the same effect as an original.
17. Signature. The person signing this Agreement hereby warrants that he or she has
the legal authority to execute this Agreement on behalf of his or her respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization of
the person or entity. The other Party is fully entitled to rely on this warranty and representation in
entering into this Agreement. Should that person or entity not be authorized, the terms and
conditions of this Agreement shall be binding as against the signatore and he or she shall be subject
to the terms and conditions of this Agreement.
Addendum Page 4 of 15
(signature page follows)
(remainder of this page intentionally left blank)
Addendum Page 5 of 15
ACCEPTED AND AGREED:
CITY:
City of Fort Worth
Bybans Burghdoff(May¢;2024 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: May 2, 2024
Approval Recommended:
By s Davis 2, 202410:28 CDT)
Name: James E. Davis
Title: Fire Chief
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
DFW RV Rentals, LLC
By:
Name:
Snathan Dies
Title:
Owner
Date:
�1112, V
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By:Br3;7Ray (May 1, 202415:24 CDT)
Name: Brenda Ray
Title: Fire Purchasing Manager
Approved as to Form and Legality:
Anelrea Pkl!L ins
By Andrea Phillips (May 2, 2024 0:53 CDT)
Name: Andrea Phillips
4.oavvpp�n
�aoF FgRr�o��
Title: Assistant City Attorney
dV8=d
DPP
Contract Authorization:
4� nEXA?obd
M&C: N/A
M&C Date: N/A
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 6 of 15
RENTAL AGREEMENT
This Rental Agreement (the "Agreement"), effective as of the date of the last signature below
("Effective Date"), is made by and between the DFW RV RENTALS, LLC (the "Owner") and
City of Fort Worth (the "Renter"). Owner and Renter are each
individually referred to herein as the "Parties."
WHEREAS, Owner has authority to rent certain RV, travel trailer, or fifth wheel and Renter
desires to rent such RV, travel trailer, or fifth wheel, and Owner accepts such rental;
WHEREAS, the essential terms of such rental are set forth in the Reservation Summary; and
WHEREAS, Renter acknowledges such rental is subject to the terms and conditions attached
hereto as Exhibit A.
NOW THEREFORE, for and in consideration, of the promises and other good and valuable
consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. Rental RV.
Owner hereby rents to Renter and Renter herby rents from Owner a RV, travel trailer, or fifth
wheel identified in the Reservation Summary (hereinafter referred to as the "Rental RV.")
Renter acknowledges that the Rental RV requires receptacles for power, a sewer inlet
connection for bathroom use and a potable fresh water supply connection.
2. Term.
The term of this Agreement begins on the Renter Pickup and ends on the Renter Dropoff time
and date set forth in the Reservation Summary (hereinafter referred to as the "Rent Term.").
The Parties may modify the duration of the Rent Term by mutual consent in writing.
Notwithstanding anything herein to the contrary, Owner may repossess the Rental RV at
Renter's expense without notice to Renter if the Rental RV is used in violation of law or this
Agreement.
3. Rent, Deposits, and Fees.
a. Reservation Deposit. If the reservation is made more than fourteen (14) days of the
beginning of the Rent Term, a Reservation Deposit of 25%of the Rental Amount (the
"Reservation Deposit") shall be paid to Owner upon booking to hold the RV, travel trailer, or
fifth wheel for Renter for the Rent Term. The Reservation Deposit shall be applied to the Rental
Amount (as hereinafter defined) when the Trailer is delivered and the Rent Term begins. The
Reservation Deposit shall be
Addendum Page 7 of 15
Page 1
considered earned and payable to Owner upon booking unless otherwise
indicated herein.
b. Security Deposit. The security deposit as set forth in the Reservation Summary (the "Security
Deposit") shall be payable in full prior to the beginning of the Rent Term. The Security Deposit
is in addition to the Rental Amount. The Security Deposit may be withheld for applicable fees
listed herein or in the event of Renter violates any of the terms or conditions included in Exhibit
A.
If Renter has incurred no additional charges, Owner shall release the security deposit within
seven (7) days of the end of the Rent Term. If Renter has incurred fees in excess of the Security
Deposit, Renter agrees to pay all excess fees within thirty (30) days of the end of the Rent Term.
c. Rental Amount. Renter shall pay to Owner the Rental Amount set forth in the Reservation
Summary (the "Rental Amount") shall be payable in full prior to the beginning of the Rent
Term.
d. Other Fees. Renter acknowledges all fees set forth in the Reservation Summary shall be
payable in full prior to the beginning of the Rent Term. Renter acknowledges additional fees or
forfeiture of the Security Deposit may apply for violation of any of the terms and conditions
listed in Exhibit A.
4. Authorized Drivers.
Renter agrees and warrants only authorized individuals with a valid driver's license shall
operate the Rental RV.
5. Inspection.
Renter acknowledges he or she has had the opportunity to fully inspect the Rental RV. Renter
acknowledges the Rental RV was in good condition as of the beginning of the Rent Term and
that Renter is satisfied with and has accepted the Rental RV in such good condition. Renter
acknowledges being shown how to properly use all appliances, air conditioning, controls, and
the location and function of all safety items.
6.Insurance.
Renter shall have auto liability, collision, under -insured and uninsured policies, and
comprehensive insurance covering Renter, the Occupants, and the Rental RV in the minimum
amount required by applicable state law. Renter agrees that Owner's own insurance policy shall
be secondary to any and all insurance policies of Renter unless otherwise prohibited by law.
The
Addendum Page 8 of 15
benefits afforded under Renter's insurance policy shall be primary.
Page 2
DFW RV Rentals does not offer or provide any form of insurance to Renter.
7. Refunds and Cancellations.
All cancellations must be submitted via the Outdoorsy platform or via email to
Jonathan.dfwrvrentals@gmail.com. If Owner receives notice of cancellation more than (14)
days before the beginning of the Rent Term, Renter will lose only their initial 25% deposit. If
Owner receives notice of cancellation less than five (5) days before the beginning of the Rent
Term, Renter shall receive a 25% refund of the total amount paid.
Refunds will not be given for late arrivals, early departures, or inclement weather conditions.
If for some unforeseen reason, the Rental RV is unavailable at the beginning of the Rent Term
and a substitute is not available, the Reservation Deposit shall be returned in full. Renter agrees
Owner shall not be held responsible for any resulting cost to Renter including, but not limited
to, the costs of finding alternative accommodations.
8. Personal Property.
Owner is not responsible for any personal property that remains in or on the Rental RV at the
end of the Rent Term. Renter should notify Owner immediately if Renter discovers it left any
item in or on the Rental RV, and Owner will notify Renter if the item is found.
9. Warranties.
Renter acknowledges that OWNER MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND
WHATSOEVER WITH RESPECT TO THE RENTAL RV, INCLUDING, BUT NOT LIMITED TO: THE
MERCHANTABILITY OF THE TRAILER OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
10.Owner Liability
Owner does not assume or accept any liability for loss, damage or injury to persons or their
personal property related to or in connection with the Rental RV. Owner does not accept or
assume liability for any inconveniences, damage, loss, or injury arising from any temporary
defects or stoppage in supply of water, gas, cable service, internet, electricity, or plumbing, nor
due to weather conditions, natural disasters, acts of God, or any reasons beyond Owner's
control.
11. Responsibility for Damage or Loss.
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Renter is responsible for all damage to, or loss or theft of, the following: the Rental RV,
including any parts, hookups, furnishings, interior contents, tires, tools, accessories, equipment,
and keys (collectively, "Equipment"). Such damages shall include the cost of repair, the actual
cash retail value of the Equipment on the date of the loss if the Equipment is not repairable or if
Owner elects not to repair the Equipment, loss of use of the Equipment, diminished value of
the
Page 3
Equipment caused by damage to it or repair of it, and all other ancillary costs including
administrative expenses incurred processing any insurance claims, regardless of the lack of fault
or negligence of Renter. Renter must report all incidents of theft and vandalism to Owner and
the police immediately upon discovery. Renter shall indemnify and hold Owner harmless from
all
liability caused by fire, water, theft, vandalism, collision, or any other casualty.
12. Hold Harmless, Waiver, and Release.
THE RENTER, ON BEHALF OF THEMSELVES, THE OCCUPANTS, AND THEIR GUESTS, INCLUDING
MINOR CHILDREN, ACKNOWLEDGE THE INHERENT RISKS INVOLVED IN OPERATING AND
OCCUPYING A RENTAL RV AND FURTHER AGREE THAT THE USE OF THE RENTAL RV SHALL BE AT
HIS OR HER OWN RISK. THE RENTER, ON BEHALF OF THEMSELVES, THE OCCUPANTS, AND
THEIR GUESTS, INCLUDING MINOR CHILDREN, HEREBY RELEASE, WAIVE, DISCHARGE AND
COVENANT NOT TO SUE DFW RV RENTALS, LLC AND EACH OF THEIR OWNERS, MANAGERS,
OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS,
SUCCESSORS AND ASSIGNS (THE "RELEASED PARTIES") FOR ANY LIABILITY, CLAIM AND/OR
CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY,
INCLUDING DEATH, THAT MAY BE SUSTAINED BY THE UNDERSIGNED, THE OCCUPANTS, AND
THEIR GUESTS, RELATED TO, ARISING OUT OF OR INCIDENT TO THE USE OF THE RENTAL RV.
FURTHER, THE RENTER SHALL, JOINTLY AND SEVERALLY, INDEMNIFY, DEFEND AND HOLD
HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITIES, CLAIMS, CAUSES OF
ACTION, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS, FEES AND
COSTS) CLAIMED BY THE UNDERSIGNED, THE OCCUPANTS, THEIR GUESTS, OR ANY THIRD
PARTY ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH,
RELATED TO, ARISING OUT OF OR INCIDENT TO THE USE OF THE RENTAL RV, WHETHER BY THE
UNDERSIGNED RENTER OR ANY OTHER PARTY, INCLUDING ANY NEGLIGENT ACTS OR
OMISSIONS, WILLFUL MISCONDUCT OR VIOLATION OF THIS RENTAL AGREEMENT.
THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO FULLY RELEASE THE RELEASED
PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE USE OF THE RENTAL
RV TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
13. Miscellaneous.
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a. This Agreement sets forth the entire understanding of the Parties with respect to the
subject matter hereof and supersedes all prior or contemporaneous representations,
understandings and agreements, oral or written, made between the Parties affecting the
subject matter hereof and all such prior or contemporaneous representations, understandings
and agreements are hereby terminated.
b. This Agreement may not be modified in any manner except by written instrument executed
by the Parties.
Page 4
c. This Agreement is made and entered into in Tarrant County, Texas and shall be governed
by and construed in accordance with the laws of the State of Texas. Any litigation, special
proceeding or other proceeding as between the Parties that may be brought, or arise out of, in
connection with or by reason of this Agreement shall be brought in State court in Tarrant
County, Texas which courts shall be the exclusive courts of jurisdiction and venue.
d. Any provision of this Agreement held to be illegal, invalid, or unenforceable by law or rule or
regulation shall be fully severable, and the remaining provisions of this Agreement shall remain
in full force and effect. Additionally, the Parties hereby agree to negotiate in good faith to
modify and amend this Agreement to maintain the original intent of the Parties with respect to
such provisions so severed.
e. The failure of either party to insist in any one or more cases upon the strict performance or
observance of any obligation of the other party hereunder or to exercise any right or option
contained herein shall not be construed as a waiver or relinquishment for the future of any
such obligation of the other party or any right or option of Renter or Owner. Owner's receipt
and acceptance of performance of any other obligation by Renter, with knowledge of Renter's
breach of any provision of this Agreement, shall not be deemed a waiver of such breach. No
waiver by Owner or Renter of any term, covenant, or condition of this Agreement shall be
deemed to have been made unless expressed in writing and signed by the party waiving such
term, covenant, or condition.
f. This Agreement may be executed in counterparts, each of which shall be deemed an original
instrument, and all of which together will constitute one and the same Agreement.
Addendum Page 11 of 15
(signatures on following page)
'51191Z� 2L
Dana Burghdoff(M. 2.6.1 . cDT) Renter's Signature
Dana Burghdoff, Assistant City Manager Renter's Name
May 2, 2024
Date
Renter Address: 100 Fort Worth Trail, Fort Worth, TX 76102
Renter Cell Phone:
Page 5
Re�Emails;Owner's Signature
rO(e g1wner's Name and Title
S/ S/ Date
Page 6
Exhibit A —Terms and Conditions
The terms and conditions stated herein supplement the Rental Agreement signed by Renter. All
capitalized terms not defined herein shall have the meanings set forth in the Rental Agreement.
Definitions
1. "You" or "your" means the Renter, any Occupant, any Authorized Driver.
2. "We," "our," "us," "I," or "my" means the Owner, its owners, managers, officers, employees,
independent contractors, and representatives.
Terms and Conditions
1. You acknowledge only dogs are allowed in the Rental RV. If you want to travel with a pet, a
pet fee in the amount of $150.00 (the "Pet Fee") shall be payable in full prior to the beginning
of the Rent Term. If Renter allows a pet inside the Rental RV without disclosing it to Owner, an
additional cleaning fee of $500.00 will be charged to Renter.
2. You acknowledge the Rental Amount includes a charge of $0.00 for the first two hundred
(200) miles per day of the Rent Term, and that any additional miles will be charged at $1.00 per
mile. Only RVs are subject to a mileage limit.
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3. You acknowledge the Rental RV had full fuel and propane tanks at the beginning of the Rent
Term. You agree to return the Rental RV with full fuel and propane tanks. If you return the
Rental RV with less than a full fuel and propane tank, you will be charged the cost to fill the fuel
and propane plus an additional $50.00 for time and labor.
4. You acknowledge a standard cleaning fee is included in the Rental Amount. However, if the
cleanliness of the Rental RV is not substantially similar to the level of cleanliness of the Rental
RV on the Pickup Date, you will be charged an additional cleaning fee of $500.00. Such
determination is in the sole discretion of Owner.
5. You understand that the Rental Amount includes a generator charge of $0.00 up to 4 hours a
day for each day of the Rent Term. You will be charged an additional $5.00 per hour for each
hour over 4 hours used per day.
6. If you return the Rental RV with wastewater, you will be charged a wastewater dumping fee
of $50.00.
7. If you require the Rental RV to be delivered, you will be charged a delivery fee of $150.00
plus actual fuel cost for delivery within fifty (50) miles. You will be charged an additional $3.00
per mile for delivery in excess of fifty (50) miles.
8. You acknowledge that a cleaning fee is not the same as a prep and sanitation fee which is not
the same as a wastewater dumping fee.
9. Smoking/vaping is not permitted in the vehicle. If there is evidence of smoking, vaping, or
other strong odors, you will be subject to the additional cleaning fee of $500. Additional
cleaning costs may be assessed at the discretion of the Owner.
10. If you are late to Renter Pickup, you will be charged a late fee of $50.00 per hour. 11. If you
are later to Renter Dropoff, a $75.00 per hour late fee will be charged for each
hour that the vehicle is returned later than the pre -arranged time.
12. If you return the Rental RV after the Rent Term has ended, you will be charged a late fee of
$150.00 plus the Rental Amount for each additional day.
13. You agree to pay for all tolls, traffic or parking violations, fines, penalties, citations,
forfeitures, court costs, towing charges and other expenses involving the Rental RV incurred
during the Rent Term assessed against us or the Rental RV.
14. If the Rental RV is repossessed or abandoned, you will be charged $499, plus $3.00/mile for
every mile between the renting location and the place where the Rental RV is, plus any
additional recovery expenses we incur.
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15. If you return the Rental RV with damage that renders it unusable or unrentable, you will be
charged a loss of use fee in the amount of $25.00 for each day that it is unusable or unrentable.
16. You have truthfully disclosed the identity, age, and licenses of all Authorized Drivers.
17. You agree that all insurance information (if applicable) provided is true and valid. 18.
You acknowledge that towing requires prior approval.
19. You are responsible for checking and maintaining all fluid levels during the Rent Term.
This includes checking the generator oil daily if you use the generator.
20. Unless authorization is obtained from the Owner, no repairs, replacement of parts or
service shall be completed during the Rent Term.
21. You agree not to take the vehicle outside of the continental United States or Canada.
22. You agree that Vehicles shall not be driven off -road or any on unpaved surface or on
very rough roads of any type.
23. You acknowledge we may use your security deposit to pay any amounts owed to us
under the Agreement or these Terms and Conditions. If the amount of your security
deposit is
insufficient to satisfy all amounts due, then you agree to pay all charges in excess within
thirty (30) days of the end of the Rent Term.
24. You acknowledge that driving any Rental RV to the Burning Man festival or Mexico is strictly
prohibited. If you take a Rental RV to Burning Man or Mexico, you will be fined $10,000.
25. The following acts or uses of the Rental RV are prohibited and may result in forfeiture of the
entire security deposit and additional charges: (a) driving the Rental RV: (i) by anyone who is
not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction;
(ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who
obtained the Rental RV or extended the Rent Term under false, fraudulent, or misleading
information; (iv) in furtherance of any illegal purpose or under any circumstance that would
constitute a violation of law, other than a minor traffic citation; (v) to carry persons or property
for hire; (vi) in any race, speed test or contest; (vii) to carry dangerous or hazardous items or
illegal material; (viii) outside the United States and Canada; (ix) when loaded beyond its
capacity, as determined by the manufacturer of the Rental RV; (x) when driven through or
under an underpass or other structure without sufficient overhead or side clearance; (xi) when
it is reasonable to expect you to know that further operation would damage the Rental RV; (xii)
in a manner that causes damage to the Rental RV due to inadequately secured cargo; (xvi) on
unpaved or very rough roads; or (b) failing to summon the police to any accident involving the
Rental RV that caused personal injury or property damage; (c) damaging the Rental RV by your
intentional, wanton, or reckless conduct; (d) damaging the Rental RV by an animal transported
in the Rental RV; (e) using the awning; (f) damaging the Vehicle by sitting, standing, or lying on
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the roof of the Vehicle; (g) damaging the Rental RV by placing tire chains, signs, lettering or
painting on the outside of the Rental RV; (h) damaging the Rental RV by placing speakers or
other sound equipment on the exterior of the Rental RV; (i) taking the Rental RV to festivals or
other such events without notification; (j) disabling the GPS if so equipped.
26. Certain items are considered non -essential convenience items. If they fail to work during a
trip, no adjustments will be made to your charges. No troubleshooting by the Property
Manager(s) or Owner(s) during the trip will be done for these items if there are issues. These
include TVs, antennas, CD and DVD players, radios, satellite radios, GPS navigation hardware
and software, hairdryers, fans, coffee makers, vacuum cleaners, artificial fireplaces, swiveling
seats, and left/right/rear cameras.
27. There shall be no renters or drivers under the age of 25 years old.
Addendum Page 15 of 15