Terms & Conditions | Outpost Vans

TERMS AND CONDITIONS

VALID JANUARY 1ST, 2022

Agreement between User and https://www.outpostvans.com/

SUMMARY

This document contains a summary of the rental conditions for Outpost Vans, LLC

Welcome to https://www.outpostvans.com/. The https://www.outpostvans.com/ website is comprised of various web pages operated by Outpost Vans. https://www.outpostvans.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.outpostvans.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

OUTPOST VANS LLC RENTAL AGREEMENT

This Outpost Vans Rental Agreement (the "Agreement") is by and between the person(s) listed on the signature page hereto and/or acknowledging their assent to this Agreement via the rental functionality on the Dealer’s website (herein collectively referred to as ("Renter") and Outpost Vans LLC (the "Dealer"). Renter includes the person assenting to this Rental Agreement, all Authorized Drivers described and listed on the addendum to Rental Contract, all passengers and any other person or entity on behalf of whom the Rental Vehicle is rented.

Rental Vehicle. The “Rental Vehicle” (sometimes referred to as “Vehicle”) is defined as encompassing any and all of the following:
Self-contained, motorized vehicles or camper vans. Self-containment features include, but are not limited to, kitchen, bath, sleeping, heating and air conditioning, overall living facilities;
Non-self-contained, motorized vehicles such as trucks or other motorized Rental Vehicles which do not contain living facilities;
Non- motorized vehicles such as travel trailers, fifth wheel trailers, camping trailers or other non-motorized vehicles, and includes all the tires, tools, accessories, bedding and linen, kitchen utensils, and all other supplies, equipment, and components attached to, used or contained in the Rental Vehicle and/or provided by Lessor;
4x4 Vehicles, such Pick-up Trucks, SUVs, Jeeps;
eBikes, motorized electric bicycles.
Security Deposit & Authorization: A security deposit is required at time of pick-up and will be returned less all costs and deductions are accounted for pursuant to terms of this Agreement. The amount of the security deposit is stated in your booking confirmation. Dealer may use your deposit to pay any amounts owed under this agreement. If the amount of the security deposit is insufficient to satisfy all amounts due then the Renter agrees to pay all charges in excess, either by cash, personal check or authorized use of the credit card provided. Minimum requirements for return of the security deposit include: Rental Vehicle is cleaned to a condition as good or better than when received, gas tanks are full, no damage was done to the Rental Vehicle (incl. interior damage), no violations of the prohibited uses or this Agreement, and Renter agrees that all mileage overages, tolls, will be the responsibility of the Renter. At the time of rental, a charge will be authorized by Renter to cover any amounts payable pursuant to this Agreement and by executing this agreement Renter understands and expressly consents to use of the charge for such purposes without reservation. The security deposit may also be used to compensate for variable charges or as agreed between Renter and Dealer. Dealer has up to 7 days from the return of the unit to inspect the unit for damages and contact the Renter. The security deposit will be returned automatically within 7 days if there are no damages to the rented unit or overage charges due. FOR THE SAKE OF CLARITY, RENTER WILL PROVIDE CREDIT CARD INFORMATION WITH THE RESERVATION COMPLETION AND DEALER IS AUTHORIZED TO CHARGE SAID CREDIT CARD BY THIS AGREEMENT, ACCORDING TO THE TERMS OF THIS AGREEMENT.
Drivers: Renter acknowledges and agrees that no person shall be allowed to drive the Rental Vehicle who is not at least the age of 25, a holder of a valid driver's license in his or her actual possession and approved through the Dealer’s DMV verification check. Renter acknowledges that the qualifications of any driver of the Rental Vehicle are solely at the discretion and risk of the Renter, and Dealer has not evaluated the skill and expertise of any such driver. Renter acknowledges that recreational rentals can be very different in size and handle differently from passenger cars. The Rental Vehicle requires more skill and expertise to operate safely than a passenger car. The Rental Vehicle may require more clearance above, in front of, behind, and beside them to operate safely, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent rentals and obstacles on the roadway. Renter acknowledges the Rental Vehicle height and width and length clearance for their Rental Vehicle. Spotters are recommended to assist the driver in backing the Rental Vehicle.
Passengers. Renter acknowledges that Dealer has no control over the number of passengers a Renter may allow into the Rental Vehicle or the conduct of those occupants while the Rental Vehicle is being operated. Therefore, Renter acknowledges that they are solely responsible for the passengers on board the Rental Vehicle as well as the conduct of those passengers, and Renter shall confirm that both driver and passengers are properly using seat belts while the Rental Vehicle is in motion. Renter complies with passenger seating “seat belt” law and “child restraint” law of any state or province in which Rental Vehicle may be operated. Renter acknowledges that in the event of any non-compliance with such laws, Renter shall be liable for any injury, damages, cost or loss and fines and penalties resulting from such non-compliance.
Renter Responsibilities: The Renter is responsible for, and expressly agrees to comply with, the following requirements:
Driving on paved, maintained roads only; stopping, parking and overnighting in safe areas; and securing the Rental Vehicle in a locked position with keys removed, when away from Rental Vehicle;
Agreeing that the Smoke detector (if any), propane leak detector (if any), and carbon monoxide detector (if any) are installed for Renter’s safety; these devices will be operational at departure. It is the Renter’s responsibility to perform test procedures daily and to repair or replace any defective device (including battery replacement) prior to use of the Rental Vehicle;
Performing safety inspections, including lights, tires, engine, exhaust system, mirrors, and Rental Vehicle systems daily, to correct any damage or defects prior to operation of Rental Vehicle;
Timely Rental Vehicle Return;
Payment of and/or coordination of any insurance claims resulting from Renter’s damages to the Rental Vehicle, another vehicle while operating the Rental Vehicle, and injuries to individuals resulting from Renter’s use of the Rental Vehicle;
Assumption of any liability arising out of Renter’s and Renter’s passengers failure to comply with applicable laws, the terms of this Agreement, or the commission of any negligent or willful act causing damages to the Rental Vehicle or any person, as well as any other party using or accessing the Rental Vehicle who fails to comply with applicable laws, the terms of this Agreement, or commits any negligent or willful act causing damages to the Rental Vehicle or any person.
Allowed Use of the Rental: The Rental Vehicle may only be used on those public roadways with sufficient width and clearance to allow the Rental Vehicle to be operated safely and without damage. Under no circumstances may the Rental Vehicle be operated and used for off-road purposes. If Dealer provides a driver for the Rental Vehicle, Renter remains responsible for all damage to the Rental Vehicle, missing equipment, and Dealer's administrative expenses connected with damage regardless of whether or not Renter or the provided driver is at fault. Renter is liable for all damages to Rental Vehicle, tires, towing charges and other expenses as a result of a breakdown, collision, or other, associated with operating Dealer's Rental Vehicles in these areas. Dealer's insurance protection will also be null and void. The Rental Vehicle may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. The following are restricted areas and Renter’s entry on or use of the Rental Vehicle in any of the following areas/terrains will be a material breach of this Agreement:
Anywhere in Mexico, Baja California, Alaska, and the Northern Territories of Canada;
Death Valley between the dates 1st May and 30th September;
Any unimproved road, trail, track (excluding county and state-maintained road);
Any off-road areas (dunes, Salt Plains, beaches, riverbeds, logging roads, etc.);
The Burning Man festival. A fee will be charged if the Renter fails to notify the Dealer and pay the extra cleaning fee for this festival.
Prohibited Uses: The following uses of the Rental Vehicle are prohibited and are considered material breaches of this Agreement. The Rental Vehicle shall not be used:
by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction;
by anyone under the influence of a prescription or non‐prescription drug or alcohol;
by anyone who obtained the Rental 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 Rental Vehicle;
in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation);
to carry persons or property for hire;
to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Rental Vehicle;
in any race, speed test or contest;
to carry dangerous or hazardous items or illegal materiel;
outside the United States, Canada or the geographic area indicated elsewhere in this Agreement;
when loaded beyond its capacity as determined by the manufacturer of the Rental Vehicle;
on unpaved surfaces, except at licensed public campgrounds;
to transport more persons than the Rental Vehicle has seat belts, or to carry persons outside the passenger compartment;
to transport children without approved child safety seats as required by law;
when the odometer has been tampered with or disconnected;
when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Rental Vehicle;
in a manner that causes damage to the Rental Vehicle due to inadequately secured cargo;
after an accident with the Rental Vehicle unless and until you summon the police to the accident scene;
to transport an animal (other than a service animal);
in or through a structure of an underpass, gas station, drive‐through, or other object where there is insufficient clearance (width or height);
by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Rental Vehicle;
in violation of any “Rules of the Road,” Rental Vehicle safety and operations training, or other similar materials or instructions that we provide to you at the time of Rental Vehicle;
sitting, standing or lying on the roof of the Rental Vehicle;
smoking/vaping in the Rental Vehicle are prohibited;
placing tire chains, signs, lettering or painting on the outside of the Vehicle;
placing speakers or other sound equipment on the exterior of the Vehicle;
disabling the GPS or the Dashboard Camera Recorder;
Under no circumstance shall:
The Rental Vehicle be driven outside the United States and Canada.
Any pets or other animals be allowed in the Rental Vehicle without permission.
The awning may not be unrolled or used without prior approval.
Anyone be allowed on the roof of the Rental Vehicle.
Anyone occupy any towed Rental Vehicle while it is in motion.
PROHIBITED USE OF THE RENTAL VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
Condition of Rental & Responsibility for Repair: Renter is responsible for all damage to the Rental Vehicle, missing equipment, and Dealer’s administrative expenses connected with such loss, irrespective of the cause of said damage or loss or the negligence or lack thereof of Renter. In the event of any loss or damage to the Rental Vehicle, or any personal property or bodily injury claim, that occurs during the rental period due to any cause regardless of fault, including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God, the Renter is held responsible, and is required to coordinate with and pay the insurance deductible. 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. Dealer may repossess the Rental Vehicle at Renter's expense without notice to Renter if the Rental Vehicle is abandoned or used in violation of law or this Agreement. In the event a Renter has violated the Dealer’s Terms of Service and/or this Agreement, the Renter will be held responsible for the full amount of the claim including the insurance deductible. When accepting the Rental Vehicle, Renter and an authorized representative of Dealer will complete an Outpost Vans LLC Departure Form regarding the rental, noting in writing any and all defects or damage to the Rental Vehicle prior to Renter's acceptance of the same. At pickup, all Rental Vehicles will have water and both the interior and exterior shall be clean.
Rental Vehicle Pick Up and Drop Off. Vehicles are available for pick up between 12:00PM and 4:00PM PST on scheduled departure date and must be returned between 12:00PM and P:00PM PST on the agreed drop-off date. A full day rental charge will be applied if the Rental Vehicle is returned after 11:59PM on scheduled return date. RENTER UNDERSTANDS AND EXPRESSLY AGREES THAT DEALER HAS UP TO SEVEN (7) DAYS TO COMPLETE VEHICLE INSPECTIONS UPON RETURN. No refund will be given in the following cases:
Rental Vehicle is returned prior to the contracted drop-off date;
Prepaid miles are unused;
Renter arrives late to pick up the Rental Vehicle or does not show up at all.
Upon return of the Rental Vehicle, Renter and Dealer must complete and sign the Outpost Vans LLC Return Form upon the reservation completion. Dealer is not responsible for personal property lost, damaged, or left in the Rental Vehicle during the rental period. All defects and/or damage to the Rental Vehicle noted in the Dealer return inspection which are not noted on the Rental Vehicle Departure Form completed by Renter and Dealer when accepting the Rental Vehicle shall be the sole responsibility of Renter and Renter shall reimburse Dealer for the cost of the repair. To the extent that the security deposit actually paid to Dealer is insufficient to cover the costs incurred by Renter, Renter will make immediate payment to the Dealer upon demand or Dealer will charge the authorized credit card provided by Renter under this Agreement, to which the Renter expressly acknowledges the possibility of such charge and agrees to such charges being automatically made. Renter must report all accidents or incidents of theft or vandalism to the police as soon as Renter discovers them and provide a copy of the police report to the Dealer. Renter must report all accidents involving the Rental Vehicle to the Dealer within 24 hours of occurrence and provide a copy of the accident report to the Dealer. In the event of vandalism or if damage occurred as a result of vandalism, no insurance claim can be processed without a police report. Dealer will report all accidents involving the Rental Vehicle to Dealer Insurance provider within 48 hours of being notified supporting documentation such as photos, video, police report or statements. If the Rental Vehicle is returned to Dealer outside of regular business hours, Renter shall remain responsible for any damage or theft of the Rental Vehicle occurring prior to Dealer's acceptance of return of the Rental Vehicle during regular business hours.
Contactless Returns. In the event that Dealer provides a contactless return option, which may be outside of the normal return hours listed above, Renter understands and expressly agrees to return the Rental Vehicle as required by the Dealer instructions for such contactless return, including, but not limited to: the place, time, recording return mileage, answering any questions asked by Dealer, the upload of required photos, dropping the key in a key drop required by Dealer for such contactless return. If Renter fails to comply with any such Dealer requests for a contactless return, Renter understands and expressly agrees to be charged an additional fee.
Rental Extensions. Should Renter wish to extend your rental period, Renter must first obtain authorization from the Dealer. This is subject to availability. The additional days will be at the retail rate available at the time of extension. Failure to obtain authorization will result in late fees of up to double the value of your daily rental rate per day the Rental Vehicle is late.
Rental Vehicle upgrades. Dealer reserves the right to upgrade your booked Rental Vehicle. There would be no additional charge for an upgrade if Dealer chooses the upgrade without Renter request.
Optional Equipment. Dealer offers certain Optional Equipment upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as rented.
Insurance & Costs. The Renter is responsible for all damage or losses caused to themselves, their property, the Rental Vehicle and third parties regardless of fault. The Renter must be approved for Insurance for the Rental Vehicle through Dealers commercial rental insurance provider. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter's contractual possession of the Rental Vehicle. Renter is responsible for all damage or loss Renter causes to the Rental Vehicle and to others. Renter must provide Dealer with proof of insurance indicating that Renter has primary motor vehicle liability, collision and comprehensive insurance covering Renter, Dealer, and the Rental Vehicle. Renter's insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Dealer also provides an insurance policy (“Policy”) that provides automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance Dealer is required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no‐fault, uninsured or under‐insured motorist coverage will be for the minimum limits required by applicable law. Renter must: (a) report all damage to Dealer and all accidents to Dealer and the police as soon as Renter discovers them and complete Dealer incident report form; and (b) provide Dealer with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Rental Vehicle. Coverage under the Policy is void if Renter gives the Rental Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if Renter fails to cooperate in a loss investigation or to file a timely and accurate incident report.
Hauling and Delivery. Renter liability for damages relating to the delivered Rental Vehicle begins when the Renter takes possession of the keys and ends when the Rental Vehicle is returned to the Dealer or their designated delivery driver. Any damage that occurs during the delivery or return of the Rental Vehicle is the responsibility of the Dealer up to the deductible.
Right of Possession. Dealer shall always have a superior right of possession of the Rental Vehicle over Renter. In the event that Dealer's officers or employees, in their sole and absolute discretion, determine that the Rental Vehicle is at risk of damage or loss, Dealer shall have the absolute right, but not the obligation, to recover the Rental Vehicle from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Dealer recovers a Rental Vehicle from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs.
Responsibility for Tolls, Traffic Violations, and Other Charges. Renter is 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 Renter, Dealer or the Rental Vehicle during the Rental Period. If Dealer is notified by the charging authorities that we may be responsible for payment of a Toll or Violation, Renter will pay Dealer or a processing firm (“Processor”) of Dealer choosing an administrative fee of up to $50 for each such notification. Renter authorizes Dealer to release Renter's rental and payment card information to a Processor for processing and billing purposes. If Dealer or the Processor pay a Toll or Violation, Renter authorizes Dealer or the Processor to charge all such payments, service fees and administrative fees to the payment card Renter used in connection with this rental.
Dealer Responsibility to Renter if the Rental Vehicle becomes Inoperable. If the Rental Vehicle becomes inoperable for more than 24 hours, Dealer's liability to Renter is limited to the daily rental rate times the number of days the Rental Vehicle is inoperable.
CHARGES DEDUCTED FROM SECURITY DEPOSIT. The following instances and charges will be deducted from the Renter Security Deposit, this list is not exhaustive, and Dealer reserves the right to deduct other charges for damages or misuse:
Smoking/vaping: No smoking is allowed in Rental Vehicle. Smoke odors in the returned Rental Vehicle units will result in additional fees.
Interior Damage: Any damage to the interior including items such as appliances, cabinets, floors, bathroom cleaning/repairs, etc.
Pets: No pets are allowed in Rental Vehicle units unless otherwise stated in your booking. Any pet odors or pet hairs in the returned Rental Vehicle will result in additional minimum fee.
Ladder: Some Rental Vehicles are equipped with rear ladders. These are not for customer use. Activity on the roof of the Rental Vehicle is forbidden.
Some Rental Vehicle units are equipped with awnings for shade. Awning usage may be restricted by the Dealer. If damage to the awning occurs during the rental this damage is not covered by the Dealer's Comprehensive and Collision policy and the Renter will be wholly responsible for the full cost of repair in addition to any insurance deductible if applicable.
Travel Restrictions: Rental units may not be taken into Mexico
Truces: Renter is responsible for all applicable taxes.
Rental Fees: All Rental Vehicle fees must be paid prior to check-out including deposits.
Citations & Tolls: Will be charged to Renter at the date of discovery by Dealer.
Speed limit: The Vehicle is equipped with a GPS and if it records a speed in excess of 80 mph during the rental period, there will be a safety assessment fee for each day that the speed was in excess.
Repairs and Roadside Assistance. In the unlikely event of a breakdown or mechanical issues, repairs under $200.00 should be completed and paid for by the Renter. Repairs over $200.00 must have prior authorization from the Dealer. Please save and submit all receipts for repairs when the Rental Vehicle unit is returned, reimbursement depends on type of repair and cause. Renter may apply and pre-pay for roadside assistance through Dealer provided commercial Renters insurance, if the Renter has purchased roadside assistance this will be provided per the terms and restrictions stated by the provider.
Warranties, Releases, Indemnification and Assignment. Renter acknowledges that Dealer may not own the Rental Vehicle it is renting to Renter and rents the Rental Vehicle pursuant to a third-party agreement with the owner of the unit. RENTER ACCEPTS RENTAL "AS IS" WITH ALL FAULTS AND WITHOUT RESERVATION. DEALER AS WELL THE OWNER OF THE RENTAL DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES ON THE RENTAL INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION, SUITABILITY, OR FITNESS OF THE RENTAL OR TIRES FOR ANY PARTICULAR PURPOSE.
DEALER AND THE RENTAL OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FROM ANY LOST OR IMPUTED PROFITS OR REVENUES OR COSTS ARISING FROM OR RELATED TO THE RENTAL REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER DEALER OR THE RENTAL OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO DEALER UNDER THIS AGREEMENT.
RENTER UNDERSTANDS AND AGREES THAT AS PART OF THE CONSIDERATION OF DEALER RENTING THE RENTAL VEHICLE TO RENTER, RENTER DOES HEREBY ASSIGN TO DEALER ANY CAUSE OF ACTION JUDGMENT OR SETTLEMENT AS THE RENTER MAY HAVE AGAINST ANY PERSON, FIRM OR CORPORATION, INCLUDING BUT NOT LIMITED TO DEALER AND/OR THE RENTAL OWNER, TO SECURE SATISFACTION AND DISCHARGE OF ANY JUDGMENT OVER AND AGAINST DEALER AND/OR THE RENTAL OWNER FOR ACTUAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, AND/OR CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, STATUTORY, CONTRACTUAL OR OTHERWISE.
Survival. The terms and conditions of this Agreement shall survive the end of the rental period and remain in full force and effect. Where Renter has released and/or indemnified Dealer, it has also released and/or indemnified the officers, employees, and agents of Dealer.
No Assignment. Renter agrees that venue for any dispute or claim arising out of or relating to this Agreement or Renter's use of the Rental Vehicle (whether based in contract, tort, statue, fraud, misrepresentation or any other legal theory) will be exclusively in the County of Dealer’s operation. This Agreement shall be construed in accordance with the laws of the state of Dealer’s operation. Renter agrees that in the event Dealer prevails in a suit to enforce this Agreement, it shall be entitled to recover all its costs and attorney's fees incurred in that action.
Indemnification. RENTER HEREBY AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS DEALER AND RENTAL OWNER FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY GROWING OUT OF THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFORE AS CHOSEN AND DIRECTED BY DEALER AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIM OR LAWSUIT THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF DEALER ANO/OR THE RENTAL OWNER.
Entire Agreement. This Agreement will constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document or alternatively by digital means online. No modification of this Agreement will be binding unless in writing and signed by both parties. All rights and remedies hereunder are cumulative. This Agreement may not be cancelled or modified except in writing signed by all parties.
Severability and Non-Waiver. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by Dealer to require Renter’s performance of any provision in this Agreement shall not affect Dealer’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Force Majeure. Dealer shall not be deemed in breach of this Agreement if Dealer is unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of a public enemy, death, illness, pandemic, government order, or incapacity of Dealer or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Dealer’s control (collectively “Force Majeure Events”). Upon occurrence of any Force Majeure Event, Dealer shall give notice to Renter of its inability to perform or of delay in completing services and shall propose alternate options.
Governing Law. This Agreement will be governed by the laws of the State of California. Renter and Dealer agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the County of San Diego, and the parties consent to the jurisdiction of such courts. If any claim of dispute arising out of, or relating to, this Agreement is not settled promptly in the ordinary course of business, the parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. If a legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.