2. Authorized Drivers. Only those who are a Party to this Agreement and have a current, valid driver’s license to operate an automobile are permitted to drive the Any other drivers are prohibited from operating the Vehicle and should any such person drive the Vehicle, even if it is stolen or lost, Renter remains liable for all such activity and any resulting losses or damages. All such additional authorized drivers (“Additional Drivers”) are identified on Exhibit A.

3. Renter shall pay the Daily Rate of $37.00 per day (including insurance and transaction fees) and authorize Owner to charge the payment method on file with Owner in an amount equal to all payments and fees due under this Agreement as they accrue.

• Renter shall pay all other charges due in accordance with this Agreement upon return of the Vehicle, to the fullest extend allowed by law, including but not limited to:
• Toll Tickets that are received will be automatically charged to the renter.
• Charges for optional services, if any;

• Applicable taxes;

• Mileage overage, if applicable. Renter will have a 1,000-mile maximum driving distance per 24 hour day, per reservation. unless otherwise noted in the listing. For trips driven above the applicable maximum miles, Renter agrees to pay $0.25 per mile plus applicable taxes;

• Loss of or damage or repair to the Vehicle, loss of use, diminution of the Vehicle’s value caused by damage to or repair of it, and costs to recover such charges including administrative fees for claim processing and legal expenses; additionally Renter authorizes Baddour Rentals to charge up to $1000.00 (One Thousand Dollars) as a contingency fee against Renter’s payment method on file;

• Daily Rate plus an additional one-time $15 late delivery admin fee, payable to Owner, beginning the second day that the car is not delivered timely as per Section 1 above;
• Unless due to the fault of Owner, all fines, penalties, traffic and/or parking violations, toll fees, court costs, towing and impound charges, and other expenses relating to the Vehicle assessed against Owner or the Vehicle during the rental Term;

• All expenses Owner incurs related to Renter’s failure to return the Vehicle, including but not limited to costs of locating and recovering the Vehicle;

• 5% interest per month, or the maximum amount allowed by law, for any monies owed which are more than 14 days past due;

• All costs incurred to collect unpaid monies due; and

• Thirty-five dollars ($35.00) or the maximum amount allowed by law, whichever is greater, if Renter’s payments are stopped, rejected for non- sufficient funds, or for any other reason any payment from Renter is dishonored.
  Security Deposit. In addition to the fees listed in Section 2, Renter shall pay a deposit of $200 at the time this Agreement is signed. Use of the security deposit will be applied to any balance due and will be determined by Owner in its sole reasonable discretion on use of the security
  

A security deposit is required. It will be given directly to the owner and the price varies per owner and location.

5. Restrictions on Use. Renter shall not:

• Permit the Vehicle to be driven by any person who is not an Authorized Renter under this Agreement;

• Operate the Vehicle or permit it to be operated in violation of law, including, but not limited to, driving under the influence of alcohol or drugs, or in breach of any rules or regulations of road traffic;

• Operate the Vehicle or permit it to be operated to commit any violation of law;

• Operate the Vehicle or permit it to be operated for any race, test, or contest;

• Operate the Vehicle or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Vehicle or to carry hazardous materials, explosive substances or illegal substances of any kind;

• Drive or permit the Vehicle to be driven by any person who does not hold a current valid driver’s license to operate an automobile;

• Drive or permit the Vehicle to be driven by any person who does not hold valid insurance coverage as required herein.

• Drive or permit the Vehicle to be driven or parked on roadways not regularly maintained, or on any roads, beaches, driveways, or surfaces likely to cause damage to the Vehicle;
• Drive or permit the Vehicle to be driven or parked in areas known to have high crime rates and/or park the Vehicle in locations where the Renter knows or should know it is likely to be stolen;

• Operate the Vehicle or allow it to be operated to push or tow any other vehicle;

• Transport any animal in the Vehicle (with the exception of certified or licensed service animals for assisting persons with disabilities);

• Allow any person to smoke and/or take/use illicit drugs in the Vehicle; and/or

• If applicable, and the Vehicle is being used by Renter for a Transportation Network Company (as defined below), to operate the Vehicle and conduct themselves in compliance with all applicable rules, regulations, policy and guidelines of such Transportation Network Company and obtain all insurance required of such Transportation Network Company in Renter’s own name.

6. Loss of Communication. If Renter does not extend the rental term of the Vehicle or does not timely communicate with Owner, then the Vehicle is assumed to be lost after 72 hours and will be reported as stolen to appropriate authorities. Owner will also report the loss to one or more credit reporting services and also cause the loss to be entered into one or more national

 

7. Renter is responsible for all loss or damage Renter causes or which occurs with any passenger of Renter to Vehicle to third-parties and to Owner. Renter must have existing and valid motor vehicle insurance and/or be eligible for coverage under Owner’s current insurance policy and hold a current and valid certificate from any transportation network company (Uber, Lyft, etc. – each a “Transportation Network Company”) if the Vehicle is to be used for such services.

9. Repair or Loss and Reporting to Police. Vehicle shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior written consent. Renter shall alert Owner to any damage to or loss of the Renter shall be responsible for any loss or damage to Vehicle and loss of use, diminution of the Vehicle’s value caused by damage or repair to it and for any and all missing equipment. Renter is responsible for all gasonline, fuel and other fluids (Windshield Wiper, etc.) required for the safe operation of the Vehicle and shall be use only those recommended by the manufacturer’s manual for such Vehicle.  All Vehicles shall be returned to the Owner with the same level of fuel in the fuel tank as of the Commencement Date or Owner may charge Renter an additional cost per gallon of $________ to refuel the Vehicle.
   

In the event Renter is in an accident, has an incident in Vehicle or if Vehicle is subject to theft or vandalism, Renter shall immediately report the accident or incident to Owner. In the event the Vehicle is stolen, Renter shall immediately report the incident to local law enforcement and to the Owner and provide as promptly as possible, all identifying case numbers, etc. relating to such report.

10. Condition of The Condition of Vehicle Checklist (“Checklist”) attached is hereby incorporated by reference. Renter acknowledges that Renter has examined the Vehicle and that it is in good condition, except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPATIBILITY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

11. Return of Renter shall return the Vehicle on the Return Date and at the time specified in recitals above, in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Vehicle to the agreed return location identified by Owner. Renter shall be responsible for and shall reimburse Owner for the cost of all retrieval or moving costs of any Vehicle returned to a different location. If Vehicle is not returned on said date and at said time, Owner reserves the right to take any legal action necessary to regain possession of the Vehicle, including reporting the Vehicle as stolen to appropriate law enforcement organizations in accordance with the terms set forth herein.

12. Indemnification and Renter shall indemnify, defend and hold harmless Owner, and its employees, equity holders, directors, managers, parent companies and subsidiaries (the “Owner Parties”)  from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Vehicle by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. IN NO EVENT SHALL ANY OWNER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF THE VEHICLE OR ANY PASSENGERS OF RENTER WHILE IN THE VEHICLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Owner shall at all times retain ownership and title to the Vehicle. Renter shall immediately notify Owner in the event the Vehicle is levied, has a lien attached or is threatened with lien and/or seizure as a result of Renter’s action, inaction possession, or use of the Vehicle. Renter shall indemnify and hold Owner harmless against any and all losses and/or damages caused by such action or inaction.

14. No failure of Owner to exercise or enforce any rights under this Agreement shall act as a waiver of any subsequent breach(es), and the waiver of any breach shall not act as a waiver of any subsequent breach(es). Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.

15. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that

provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. Upon a determination that any term or other provision is invalid or illegal and is material to this Agreement, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.

16. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the

17. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material breach of this Agreement and shall render this Agreement void.

18. The Section headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

19. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

20. Consent to Contact. Renter authorizes and consents to Owner and Baddour Rentals from time to time contacting Renter Monday through Sunday by telephone call, by any live person or entirely pre-recorded message, to any landline or cellular telephone number Renter has provided or that Owner or Baddour Rentals, if requested by Owner, has identified on record as belonging to These live or entirely pre-recorded messages include messages previously recorded by a live person, “robo calls,” and drop in voice messages. Renter further authorizes and consents to communications by e-mail, text message, SMS, letter and/or facsimile to any private facsimile line identified to Owner. Renter also agrees that any such contact through these methods may be daily during Owner’s usual business hours which are 6:00am to 10:00pm Eastern Time on the days described above. Renter also agrees that, with no limitation on the time, length or duration, the Owner from time to time, may contact Renter. Renter understands Renter may revoke this consent by sending written notice to Owner at [email protected] or by calling Baddour Rentals at 443.624.1812.

21. Statute of Limitations Extension. Where applicable and to the extent permitted by applicable law, Renter agrees to waive and fully give up any right to claim that any debt(s) owed under this Agreement is/are not collectable by reason of any statute of limitations in accordance with California Code of Civil Procedure Section 360.5 and all other similar state laws.

22. Obligation to Update Contact Information. Renter agrees that Renter will update any information submitted to Owner in accordance with Renter’s obligations under California Civil Code of Procedure 1788.20 et seq. and any other similar state law, including but not limited to any changes in employment, spouse’s employment, residence, spouse’s residence, and other similar contact information as requested by Owner or any such information for any guarantors in this Agreement. Renter authorizes Owner to from time to time contact Renter, Renter’s spouse, and any known relatives regarding such information to request such

23. Electronic Service. Renter agrees and consents to service of any process, including formal legal process in any legal proceedings, by electronic service, including e-mail, private facsimile, and any other forms of electronic communication to any contact point Renter provides to Owner or Baddour Rentals. Renter agrees to deem any service by electronic means to be the same as personal

24. The purpose of this agreement is to inform the Renter that some Vehicles may include telematics for purposes of tracking and vehicle analytics data. This should be read in conjunction with the information contained in the Terms of Service. The data collected by the device is transmitted via a mobile phone network in a secure format. Renter is consenting to the data being collected by the device and to this data being used by Baddour Rentals in the ways outlined below. Renter must inform all Additional Drivers and passengers that it is fitted with a device that will collect and transmit data about how the Vehicle is driven and used and that the location services are activated.

25. The provisions of this Agreement which shall survive termination are Sections 6,9, 12, 13, 14 20, 21, 22, 23, 24, and 26.
26. Dispute BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE. Renter agrees, with the limited exceptions noted below, to resolve all disputes between Renter and Owner through BINDING INDIVIDUAL ARBITRATION as further provided below. BINDING INDIVIDUAL ARBITRATION MEANS THAT RENTER AND OWNER EACH ARE WAIVING THE RIGHT TO A JURY TRIAL AND RENTER IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. Renter waives the right to bring any controversy, claim or dispute arising out of or relating in any way to Renter’s use of our services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. AGREEMENT TO PRE-ARBITRATION NOTIFICATION: this Dispute Resolution Clause provides for final, binding arbitration of all disputed claims (discussed immediately below).

Pre-Dispute Resolution. Owner and Renter agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. If Owner is the claimant, the claim letter or notice of dispute shall be sent to the latest address we have on file for Renter. If RENTER is the claimant, the letter shall be sent to Owner at [email protected]  or by certified mail or overnight courier (where signature is required for delivery) to _____________________, Maryland, with a copy (which shall not be deemed notice to Baddour Rentals, LLC, c/o Nelson Mullins Riley & Scarborough, LLP, 100 S. Charles Street, Suite 1600, Baltimore, MD 21201.).

• The notice of dispute is the opportunity for both parties to better understand the facts underlying the dispute and to try and reach resolution Any such notice must include the Renter’s full name, Renter’s identification number or name, valid email address and phone number(s), the best times to contact the Renter and a description of the nature of the dispute, including important facts and key documents, and the outcome the user is seeking. Unless the Fair Claims option is selected below, in which case the waiting period is 14 days from the date the notice is served, if, after 30 days from the delivery of the notice of dispute, the parties have not reached resolution, and the parties have not agreed to additional time to resolve the issues, either party may initiate arbitration proceedings, as specified by the then current procedures of either AAA or Fair Claims.

• Federal Arbitration Act. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act (“FAA”), will govern its interpretation and enforcement, and proceedings pursuant

• Choice of It is the intent of the parties that the FAA and rules of the arbitration provider (AAA or Fair Claims) shall preempt all state laws to the fullest extent permitted by law. If the FAA and rules of the arbitration provider are found not to apply to any issues that arise under this Dispute Resolution Clause or the enforcement thereof, then that issue shall be resolved under the laws of the State of Maryland.

• The Parties also agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the claimants.

• Electronic Service. The Parties consent to electronic service of process, with service to be made to the following email addresses [email protected] and to user at the last email address then on file with Owner. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all actual attorney, court or other fees associated with such

• Arbitration Provisions. Unless the parties agree otherwise, the arbitration will be held in Baltimore, MD. The arbitrator will issue a decision in the applicable timeframe and include the findings and conclusions relevant to the judgment. Such decision will be consistent with this Agreement, including any Limits of Liability that may be applicable. Any injunctive relief shall be limited to the particular claimant, and be awarded only to provide the necessary

Any settlement offer made by Renter or Owner shall not be disclosed to the arbitrator. The arbitrator may require the parties to share necessary information, but all rules of privilege will be recognized.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity. The arbitrator’s award shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction thereof.

The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all actual attorney, court or other fees associated with such action.

The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the claimants.

•  Disputes between Renter and Owner

Arbitration. Renter agrees that Renter will resolve any disputes with Baddour Rentals, including those related to the services offered by Owner (including termination and enforcement of the terms of this Agreement), and any and all agreements Renter has with Baddour Rentals (including issues related to interpretation of any agreements) through binding arbitration between Renter and Baddour Rentals.

Arbitration Rules and Process. Any arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules available at www.adr.org, except as modified by this Agreement. Renter may also access the arbitration rules by contacting AAA directly at 1-800-778-7879.

•  Disputes Between Renter  and Owner Involving Claims For $25,000 Or Less

 Where the damages sought are $25,000 or less, at Renter’s option, the arbitration may be conducted by Fair Claims (www.FairClaims.com), and not in a court of law, in accordance Fair Claims’ Arbitration Rules and Procedures in effect at the time a claim is made.

•  Disputes between Renter and another Additional Renter/Authorized Party or Third Party

 Arbitration. Renter agrees that Renter will resolve any disputes between Renter and other users (Renter, Additional Drivers or third parties (excluding Owner), including those related to (A) any affiliation that Renter has with any Transportation Network Company or services rendered by Renter to any third party in connection therewith and (B) any and all agreements Renter has with Baddour Rentals (including issues related to interpretation of any agreements), through binding arbitration administered by Fair Claims (www.FairClaims.com), and not in a court of law, in accordance with Fair Claims Arbitration Rules and Procedures effective at the time a claim is made. THE DRIVER’S $200 DEPOSIT WILL BE USED TO PAY THE FAIR CLAIMS CASE INITIATION FEE.

Updates To Dispute Resolution Clause. If Owner changes its Dispute Resolution Clause after the date upon which Renter first accepted this Agreement and Renter continues to be leasing the Vehicle from Owner, Renter may reject any such change within 30 days of the effective date by providing written notice to Owner either by sending a written notification to:

• If Renter is the claimant, the letter shall be sent to Owner at [email protected]  or by certified mail or overnight courier (where signature is required for delivery) to ____________________________, with a copy (which shall not be deemed notice to Baddour Rentals, LLC, c/o Nelson Mullins Riley & Scarborough, LLP, 100 S. Charles Street, Suite 1600, Baltimore, MD 21201).

Renter’s written notice must clearly state Renter’s name and intention to reject any changes to the modified Dispute Resolution Clause. If Renter reject any changes to this Dispute Resolution Clause, Renter still agrees to be bound by the terms of the last updated Dispute Resolution Clause to which Renter did not object.

Opt-Out Provision. Renter may elect to opt out (exclude Renter) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following. Within 15 days of Renter’s first accessing our Portals and Services, Renter must send a letter to 2230 Shields Drive Dunkirk Maryland 20754, with a copy, that shall not be notice to Baddour Rentals, LLC, c/o Nelson Mullins Riley & Scarborough, LLP, 100 S. Charles Street, Suite 1600, Baltimore, MD 21201) that specifies

(1) Renter’s name,

(2) Renter’s IP address(es),

• Renter’s mailing address

(4) Renter’s request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms and conditions shall continue to apply to Renter, including the requirement to participate in pre-dispute resolution efforts. Renter is not required to send the letter by certified mail, return receipt requested or overnight courier, but it is recommended that Renter do so. Renter’s request to be excluded will only be effective and enforceable if Renter can prove the request was postmarked within the applicable 15-day deadline.

• Notice for California Users. Under California Civil Code Section 1789.3, users of our Portals and Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

• Notice for New Jersey Users. The following sections shall not apply to users of the Portals and Services from New Jersey: Disclaimer of Warranties and Limitation of Liability, and Forum selection/jurisdiction.

• Governing Use of our Portals and Services and any controversy, claim or dispute arising out of or relating in any way to Renter’s use of our Vehicles and Services shall be governed by the laws of the State of Maryland without respect to its choice (or conflict) of laws rules. Notwithstanding the immediately preceding sentence or anything else herein to the contrary, the requirement to arbitrate claims on an individual basis, and the arbitration provisions set forth herein in general, shall be governed by and interpreted in accordance with the Federal Arbitration Act.

• Forum Selection/Jurisdiction. Any legal action or proceeding relating to this Agreement, our Portals and our Services not otherwise subject to the Dispute Resolution Clause above shall be instituted in the Federal Court in the Northern District of Maryland located in Baltimore City, EACH OF THE PARTIES HEREBY SUBMITS TO THE PERSONAL JURISDICTION OF THE UNITED STATES FEDERAL COURTS IN THE CENTRAL DISTRICT OF CALIFORNIA FOR ALL PURPOSES CONNECTED TO THIS AGREEMENT, NOT OTHERWISE SUBJECT TO THE DISPUTE RESOLUTION CLAUSE ABOVE. Renter and Owner agree that venue is proper in these courts in any legal action or proceeding not otherwise subject to the Dispute Resolution Clause above. In any such action or proceeding, Renter and Baddour Rentals shall have all the remedies available at law or at equity, except to the extent that such remedies, such as liability and damages, are limited by the terms of this Agreement. All remedies shall be cumulative and not exclusive.

• Statute of Limitations. You and Baddour Rentals agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, our Portals, our Services and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever

27. Credit Report. Renter authorizes Owner to from time to time obtain any consumer credit report deemed reasonably necessary in order to confirm the financial ability of Renter’s to enter into this

Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing. Renter has had the opportunity to seek legal counsel of its own choosing before entering into this Agreement, and has voluntarily chosen to enter into this Agreement on the advice of counsel or without counsel.

Renter’s Printed Name:

Signature:

[Unique Identifier: (202)-423-3493,

Date 03/24/2020 09:16 AM PDT

Owner’s Printed Name: Baddour Rentals

Signature: Baddour Rentals [Unique Identifier: 4436244353]

EXHIBIT A

ADDITIONAL DRIVER INFORMATION

Additional DRIVER	INSERT NAME
Additional Driver’s Mailing Address	INSERT RENTER’s ADDRESS
Driver’s License	INSERT NUMBER
Drivers State	INSERT STATE
Contact Phone (Must be different from Renter)
Contact Email:

Additional Driver acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing. Additional Driver has had the opportunity to seek legal counsel of its own choosing before entering into this Agreement, and has voluntarily chosen to enter into this Agreement on the advice of counsel or without counsel and is a Party to the Agreement and agrees to be bound by the terms thereof.

Additional Driver’s Printed Name:

Signature:

Date