Disclosures

Based on the representations and covenants contained in this Rental Agreement (hereinafter “Agreement”), as set forth on this back page and on the front side of this Agreement, and in any Addendum(s) to this Agreement, ABK Habibi, LLC, dba Legacy Car Rental (hereinafter the “Company”) hereby agrees to rent to the individual(s), whose name(s) appear(s) on the other side of this Agreement, and who are designated as Driver #1, Driver #2, and/or Driver #3 (hereinafter individually and collectively referred to as “Driver”), the motor vehicle described and identified in this Agreement (hereinafter “Vehicle”) for the total consideration set forth in this Agreement.

1. Driver acknowledges that the Vehicle described in this Agreement is the property of the Company, even though title maybe held in the name of a third party, and agrees the Vehicle was received by Driver in good mechanical and physical condition, except as specifically noted by the Company and Driver in writing before Driver took possession of the Vehicle. Driver agrees to return the Vehicle to the Company (together with all property tools, accessories, and equipment) in the same conditioner as Driver received it, ordinary wear and tear excepted (as determined by the Company in its sole discretion), on the dale, lime and place specified In the Agreement, or sooner if demanded by the Company. In the event the Vehicle is not returned to the rental office specified on the reverse side, Driver agrees to pay the Company a minimum drop-off charge of $100.00, as well as any and all recovery charges incurred by the Company.

2. Driver agrees to pay the Company on demand all charges and fees set forth in this Agreement, including, but not limited to, those for time, mileage (as determined by the factory-installed odometer or odometer), minimums, service, fuel, collision, collision damage waiver (“CDW”), all applicable taxes, an administrative charge of up to $150 for all other costs and expenses incident to the damage, loss, repair, or replacement of the rental Vehicle, and any other charges or fees provided for by this Agreement. If the Driver has directed the billing or charges to be paid by another person or company, and such person or company fails to make timely payment to the Company when due, Driver agrees to promptly pay all such charges and fees to the Company on demand, together with an additional administrative charge as provided for herein.

3. Driver agrees to be completely responsible for, to indemnify and hold the Company harmless, and to reimburse the Company on demand, for any and all loss or damage to the Vehicle, or to any person or property (regardless of the negligence or fault of the Driver), arising out of the Driver’s use or rental of the Vehicle, or which occurs while the Vehicle is being rented by the Driver, or the Vehicle is in Driver’s possession, custody, or control. In the event the rented Vehicle sustains any damage or loss during the period of time the vehicle is being rented by the Driver, whether caused by Driver or not, or whether Driver was diving the vehicle or not, Driver agrees to pay the Company on demand, an amount equal to the cost to repair all such damage or loss to the Vehicle. Driver specifically authorizes Company to charge Driver’s credit card for the cost of any and all repairs to the Vehicle, which result from damage or loss to the Vehicle during the period of lime the Vehicle is being rented by the Driver. Each Driver listed on the front of this Agreement specifically agrees that the liability and responsibility of all Drivers listed, for any and all damage or loss to the Vehicle, or to any person or property, shall be joint and several. If Driver is covered by a valid policy of insurance, which covers any such loss or damage to the Vehicle or to any person or property, or covers part of any such loss or damage, Driver’s insurance shall be considered the primary insurance, and Driver’s insurance shall be primarily liable for any and all such loss or damage to the Vehicle, or to any person or property, and any obligations of the Company for such loss or damage shall be considered secondary to the Driver’s insurance. Driver further agrees to cooperate with the Company in obtaining reimbursement from Driver’s insurance company for any and all such damage or loss to the Vehicle or to any person or property.

4. LIMITED COLLISION DAMAGE WAIVER {“LOW”). In the event the Driver purchases a limited Collision Damage Waiver from the Company, this means the Company agrees to limit the Driver’s liability, for ACCIDENTAL COLLISION DAMAGE only, to a fixed amount (“LDW Amount’), but only if the Driver has complied with all terms and conditions of this Agreement (such as authorized drivers, locations, no racing, etc.), and only if the Company has not been reimbursed by any insurance for the Stated Amount. In no event shall the Company be entitled to a double recovery for any collision damage to or caused by the Vehicle.

5. Driver agrees to have in place and maintain auto liability, collision and comprehensive insurance which covers Driver, the Company, and the Vehicle during the entire period of time the Vehicle is being rented by Driver, in an amount which satisfies California state law minimum requirements. Where California state law requires the Company to provide auto liability insurance, or if Driver has no valid auto liability insurance, the Company has auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance, whether primary, secondary, excess, or contingent. The Company Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the state whose laws apply to the loss. Driver and Company reject PIP, medical payments, no-fault, uninsured and under-Insured motorist coverage, where permitted by law.

6. VEHICLE DOWNTIME. In the event the rented Vehicle sustains damage which requires repairs during any portion of the rental period, Driver agrees to pay to the Company, on demand, an amount equal to the cost to repair all damage to the Vehicle, including vehicle downtime at the staled daily rental rate, for each day the Vehicle cannot be rented by the Company as a result of the damage, plus towing and storage charges, if any. Vehicle downtime in calculated from the date the Vehicle is damaged until the date the Vehicle is repaired to the condition it was in prior to being rented by Driver. Driver shall not be liable for any portion of Vehicle downtime caused by the Company.

7. THEFT AND VANDALISM. Driver shall be 100% responsible for the theft of the Vehicle and any and all property in or on the Vehicle, and shall also be 100% responsible for any and all vandalism to the Vehicle during the period of time the Vehicle is being rented by the Driver, regardless of any LOW purchased by Driver. Driver specifically authorizes Company to charge Driver’s credit card for all amounts required to repair or replace any damage or loss to the Vehicle, or any property in or on the Vehicle, caused by theft or vandalism.

8. RESTRICTIONS AND PROHIBITIONS. Certain uses of the Vehicle and other things you or a Driver may do, or fail to do, will violate this Agreement. A VIOLATION OF THIS PARAGRAPH.WHICH INCLUDES USE OF THE CAR BY AN UNAUTHORIZED DRIVER, Will AUTOMATICALLY TERMINATE YOUR RENTAL, VOID All LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING LIMITED COLLISION DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO THE COMPANY FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING All RELATED LEGAL EXPENSES, FEES AND COSTS. Driver shall be fully liable for, and agrees to indemnify the Company and hold it hamiless, for any and all loss or damage to any person or property whatsoever, arising out of the rental, use, or operation of the Vehicle by Driver, which results in a violation of any of the following prohibited uses. Driver further agrees and understands that any LOW purchased by Driver from the Company, DOES NOT APPLY if Driver is deemed by the Company to be in violation of ANY of the following prohibited uses:
A. It is a violation of this Agreement if Driver uses or permits the Vehicle to be used: 1) by anyone other than an authorized “Driver” listed and identified on the front side of this Agreement; 2) to carry passengers or property for hire; 3) lo tow or push anything; 4) to be operated in a test, race or contest, or on an unpaved road; 5) while the Driver is under the influence of alcohol or a controlled substance, or any other substance that might impair the Driver’s ability to property or safely operate the Vehicle, including, without limitation, operating the Vehicle while under the influence of any drugs or medications that may cause drowsiness; 6) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband, or violating any law, ordinance or code while using the Vehicle; 7) recklessly or while overloaded; 8) outside the Stale of California, without the express written consent of the Company; 9) and fails to pay, on demand, all rental charges to the Company; 10) allows any person under the age of 21 to operate the Vehicle; or 11) sub-rents or sub-leases the Vehicle to any person or entity.

B. II is also a violation of this Agreement if you or any other driver of the Vehicle, whether authorized or not: 1) fail to report any damage to or loss of the Vehicle when it occurs, or when you first learn of it, but, excepting physical incapacity, in no event more than 24 hours after the damage or loss occurs: 2) fail to promptly provide Company with a written accidenUincident report, or fail to cooperate fully with Company’s investigation;
3) obtained the Vehicle through fraud or misrepresentation including, but not limited to, giving the Company a fictitious, false or fraudulent name or address; 4) leave the Vehicle and fail to remove the keys or close and lock all doors, close all windows and the trunk, and the Vehicle is stolen or vandalized; 5) return the Vehicle after hours and it is damaged, stolen or vandalized; 6) disconnect, or in any way tamper with, the speedometer or odometer of the Vehicle.

9. Driver shall not be deemed to be an agent, servant or employee of the Company for any purpose whatsoever.

10. INSURANCE. Driver agrees to maintain automobile insurance during the term of this rental Agreement providing the owner, Driver and any other person using or operating the Vehicle with the following primary coverage: a. Bodily injury and property damage liability coverage: b. Personal injury protection, no-fault or similar coverage where required; c. Uninsured/underinsured coverage where required; and d. Comprehensive and collision damage coverage extending to the rental Vehicle. Driver’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where loss occurs. Because the Driver is required to provide automobile insurance, the Company is not. In slates where the law requires Company lo provide insurance, ii will provide excess insurance only, up lo the minimum limits required by the financial responsibility laws. The Driver’s insurance will be primary. Any insurance the Company is required to provide applies to claims of bodily injury and property damage only, and is secondary to any other valid and collectable insurance whether primary, secondary, excess, or contingent. The Company’s policy contains exclusions, conditions, and limitations applicable lo anyone claiming coverage Driver agrees to cooperate with Company’s insurer if any claim is made. Company’s insurance applies only in the United States and Canada. Driver must obtain written permission from the Company, and obtain special liability insurance, to operate the Vehicle in Mexico. Where permitted by law, Driver rejects uninsured, underinsured, supplemental, personal injury coverage, and no-fault coverage. Where Company is required lo provide such coverage, Driver is afforded the minimum limits required by law. Any breach of this Agreement will void any insurance coverage provided by the Company. 

11. The Company, including its officers, directors, employees, and agents, shall not be liable for any loss, injury or damage whatsoever, arising out of Driver’s use or rental of the Vehicle, including, but not limited to, any loss, injury or damage to the Driver of the Vehicle, any passenger in the Vehicle, or any property transported by, or kept, left, stored, or located in or on the Vehicle, whether or not such loss, injury or damage was caused by, or in any way related to the negligence of the Company, its officers, directors, employees or agents. Driver agrees to accept all risks of any kind or nature whatsoever, of any and all such loss, injury or damage, and agrees to waive any and all claims and causes of action against the Company by reason of any such loss, injury or damage, whether known or unknown. Driver further agrees to hold the Company harmless from any and all such loss, injury or damage, which occurs during, or arises out of, Driver’s use or rental of the Vehicle. Driver further agrees to defend and indemnify the Company against any and all claims, actions, causes of action, and suits, which are based upon, or arise out of, any such loss, injury or damage, which occurs during, or arises out of, Driver’s use or rental of the Vehicle.

12. Notwithstanding anything in this Agreement to the contrary, Driver shall be completely liable and responsible for any and all fines, penalties, forfeitures, including reasonable attorney’s fees and costs, incurred by the Company as a result of any such fines, penalties, or forfeitures.

13. It shall be conclusively presumed that the number of miles which the Vehicle has been driven by Driver while renting the Vehicle shall be the number of miles recorded by the manufacturer’s mileage recording device in the Vehicle, unless the device Is disconnected or tampered with while the Vehicle is rented to Driver, in which case the number of miles shall be conclusively presumed to be at least 600 miles per day, or more if the facts and circumstances indicate more miles were driven.

14. Driver represents and warrants Driver has automobile liability insurance coverage through an insurance carrier with standard provisions and at least the minimum coverage required under California law, including the State Financial Responsibility laws, which is part of the consideration, relied upon by the Company in entering into this Agreement with Driver. Notwithstanding the foregoing, if the Company is legally required by law to provide Driver with insurance, any such coverage shall be the minimum required to satisfy any applicable laws in the State of California, and such coverage may be provided by insurance bonds, a self-Insurance program, or other programs permitted by law, of combination of any of the above. Beyond compliance with any such law, THE COMPANY DOES NOT PROVIDE INSURANCE COVERAGE TO DRIVER, OR TO ANY OTHER PERSON USING, OPERATING, OR MAINTAINING THE RENTAL VEHICLE. Furthermore, II Is expressly acknowledged and agreed that to the extent the Company may be covered by any such insurance, or provides coverage for same, it shall be secondary to any applicable insurance carried by Driver. Additionally, the Company’s policy or coverage, if any, shall NOT apply to any of the following: (a)Any obligation for which Driver or any driver of the Vehicle, or their insurer, may be held liable under any workman’s compensation, unemployment compensation, disability benefits, or any other similar law(s); (b)Any liability assumed by Driver or any driver of the Vehicle undone contract of any nature whatsoever; (c) While the Vehicle is used or operated in any manner as public livery or conveyance; (d) Injury to, or destruction of, any property owned by, rented to, transported by, or in the possession of Driver or any other driver of the Vehicle; (e) Injury to the Driver or any other driver of the Vehicle, or any passenger in or on the vehicle; (f)Any loss, injury, or damage to anyone, or any property, which arises out of or is related to the use of the Vehicle by anyone other than Driver; and (g) When the Vehicle is used, driven, or operated in violation of any provision of this Agreement. If the Company Is required by law to provide Driver or anyone else with insurance, irrespective of this exception, the liability coverage shall be limited to the coverage and limits required by the operator of the Vehicle to satisfy the State’s financial responsibility and/or motor vehicle laws.

15. Except as expressly provided for herein, Company is under no duly or obligation to provide insurance coverage to Driver or any other driver of the rented Vehicle. Subject to the terms and conditions set forth herein, Driver covenants and agrees Driver will forever hold the Company harmless, and agrees to indemnify the Company, including its officers, directors, employees, and agents, from any and all claims, demands, actions, causes of action, attorney’s fees, and expenses of any kind or nature whatsoever, which arise out of, or are in any way related to Driver’s rental, use, operation, maintenance, or possession of the Vehicle.

16. If the Vehicle has been rented by anyone who has given the Company a false or fictitious name, address or business affiliation, or if Driver fails or refuses to return the Vehicle to the Company within 24 hours of the Company making such a demand, whether orally or in writing, Driver shall be conclusively presumed to be in unlawful possession of the Vehicle, and Company shall be entitled to pursue all legal remedies available to Company under the law. Under any such circumstances, Driver hereby agrees to forever release and discharge Company from any and all claims, suits or demands of every kind of nature whatsoever, Including, without limitation, any alleged false arrest, false imprisonment, false detention, defamation of character, assault, malicious prosecution, trespass, or invasion of property or civil rights arising out of, or relating to, any action by the Company, Including, but not limited, to self-help, which the Company deems necessary in order to effect a return of the Vehicle, or to obtain possession of the Vehicle, or to collect any monies due to the Company pursuant to the terms of this Agreement.

17. In any action based upon, or arising out of this Agreement, or Driver’s rental or use of the Vehicle, Driver hereby consents to the jurisdiction and venue of any competent Court within Los Angeles County, State of California, and consents to Service of Process by any means authorized by California law.

18. If any of Driver’s representations or warranties to the Company are untrue, if the Driver violates any of the terms or conditions of this Agreement, or if the Company, in its sole discretion, has reason to believe that Driver has violated, or intends to violate, this Agreement, then Driver’s right to use and operate the vehicle pursuant to this Agreement shall immediately terminate, and the Company shall be entitled to exercise its option to take immediate possession of the Vehicle in any lawful manner, wherever the Vehicle is located, without making a demand on Driver, and Driver shall be liable for all costs incurred in connection with Company’s repossession of the Vehicle.

19. Driver agrees Driver has no right to assign, transfer or sublet any rights Driver may have under this Agreement, and further agrees Driver may not pledge, mortgage or otherwise encumber any right or interest in the Vehicle, and that any such action would violate this Agreement and be null and void ab initio.

20. If all charges required by this Agreement are not paid by Driver immediately upon demand, Driver agrees to pay Company an additional charge of
1 1/8% interest per month, on 18% interest per year, on the unpaid balance, and further agrees to pay all court costs, collection fees, expenses, interest and reasonable attorney’s fee incurred by the Company to effect collection of any unpaid balance.

21. Driver acknowledges the California law which provides that if a rental vehicle to be returned to the Company is 5 days or more overdue, the vehicle will be presumed to be stolen or embezzled, which constitutes a crime. Furthermore, Driver acknowledges it is unlawful to (a) present, or cause to be presented, any fraudulent claim for payment or loss under this Agreement, or to {b) prepare, make, or subscribe in any writing, or lo present or use same, or allow it to be presented or used in support of any such false claim. Driver acknowledges that such a conduct is punishable by imprisonment and/or by fine.

22. Driver specifically acknowledges that the law of this state makes it a felonious crime, including grand theft auto, to, among other things, obtain a vehicle by false pretenses or false information, or to keep it after demand for its return has been made.

23. Driver acknowledges that Driver has not received or relied upon any other statement{s) or representation(s) by the Company or its officers, directors, employees, or agents, which has not been expressly set forth in this Agreement. The terms and conditions set forth in this Agreement constitute the entire agreement between parties. No right of the Company under this Agreement may be waived, altered or modified, unless set forth in a writing signed by a designated officer of the Company. Driver acknowledges that this Agreement is a legally binding contract and that Driver should consult with an attorney as he or she deems necessary.

24. Driver shall not permit any repairs to be made to the Vehicle, nor shall Driver allow any lien to be placed on the Vehicle, without first obtaining the Company’s written consent. Driver further agrees to pay for any and all unauthorized repairs to the Vehicle notwithstanding this provision.

25. Driver herby authorizes the Company to verify the Information provided by Driver and specifically authorizes the Company to seek and obtain any reports from credit reporting agencies concerning Driver’s credit history.

26. If any provision of this Agreement is determined to be invalid, void, or unenforceable, the remaining provisions shall remain valid and shall continue in full force and effect without being impaired or invalidated.