Terms and Conditions
1. Definitions. “Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, the Waiver and
Assumption of Risk, any addenda and any additional materials we provide and that you sign at the time of rental. “You” or
“your” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and
any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or
“your” are jointly and severally bound by this Agreement. “We,” “our” or “us” means the independent business named on
elsewhere in this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement,
provided that each such person has a valid operator’s license for the type of vehicle rented and is at least ____ years of age.
Authorized Drivers are the only persons permitted to operate the Vehicle. “Vehicle” means the motorized “power sport” vehicle
(e.g., motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we
substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Loss of Use” means the loss of our
ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for
rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the
difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party
estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement.
“Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or
recovered by us and checked in by us.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your
expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify
us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this
rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty
of merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and
time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend
the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in
date. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until
we inspect it upon our next opening for business, and Charges will continue to accrue. 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, and return the
Vehicle with at least the same amount of fuel as when rented.
4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the
Vehicle, including damage caused by weather, acts of god or terrain conditions. Subject to the law in the jurisdiction where the
Vehicle was rented, your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we
determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is
repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after
the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is
measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Vehicle is
damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a
penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0‐
$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500
damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and
consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including
attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of
theft and vandalism to us and the police as soon as you discover them.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall
not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s
license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or non‐prescription drugs or alcohol;
(c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information;
(d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a
minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to
drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the
geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected;
(i) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would
damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message,
including text (SMS) messages or emails, while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle
safety and operations training, or other similar materials that we provide to you at the time of rental.
6. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide liability,
collision and comprehensive insurance covering you, us, and the Vehicle. We also provide an insurance policy (“Policy”) that
covers 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
we are 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. You and we
reject PIP, medical payments, no‐fault, uninsured and under‐insured motorist coverage. To the extent such protection is
imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all
damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b)
provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident
involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially
breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
7. Charges. You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at
the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all
Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental.
Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately
released by the card issuer. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or
on demand all Charges, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged
based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional
products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f)
tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are
required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative
fee of up to $50 for each such Toll or Violation; (g) all expenses we incur in locating and recovering the Vehicle if you fail to
return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment
attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month
late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum
amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (k) a reasonable fee
not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up
to$_650.00_____ if you lose the keys to the Vehicle. All Charges are subject to our final audit. If errors are discovered after the
close of this transaction, you authorize us to correct the Charges with the payment card issuer.
8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or
that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices,
whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Personal Information. You agree that we may disclose personally identifiable information about you to applicable
law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and
other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the
Vehicle.
10. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement
constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding
this rental are void. .A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the
performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to
exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You
waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of
this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in
connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable,
the remaining provisions are valid and enforceable.
MBA Generic PowerSports 051214
*AS THE RENTER YOU ARE RESPONSIBLE FOR ALL DAMAGES AND THEFT OF THE MOTORCYCLE*
YOUR LIABILITY: As the renter you are responsible for anything (Excluding normal wear and tear, and mechanical breakdown)
that happens to the Rental Unit including Scratches, Dents, Paint Chips, and Broken Parts while in your possession. You are
responsible for any items which are lost or stolen including but not limited to keys, helmets, jackets, X-grip, Backrest and GPS
Units. A surcharge will be added to the cost of the Lost or Stolen item.
It is your responsibility to account for and document any flaws or abnormalities with the Rental Unit prior to driving it away from
our facility. We highly recommend taking photos of any flaws or damage.
THE RENTAL UNIT MUST BE RETURNED NO LATER THAN THE TIME STATED ON THE RENTAL AGREEMENT
-If the rental unit is not returned on time, additional Insurance Coverage and Roadside assistance will be charged at the scheduled
return time. (this is to protect you as your insurance will lapse at the scheduled return time).
-Late rentals will incur a $25.00 per hour Late Fee up to 4 Hours at which point an additional days rental will be charged. (please be
on time as another customer may have the Rental Unit reserved and may be waiting).
-Please return the Rental Unit full of fuel (93 Premium or better) a $25.00 Fuel fee will be charged to units returned not full.
– Excessive wear and tear on the tires will result in the cost of a tire replacement being charged to your account
– RMM Motorcycle Rentals will charge up to a maximum of $1000.00 (Insurance Deductable)for any damage incurred during the
rental period.
-There will be No Refunds for early returned rentals.
Assumption of Risk, any addenda and any additional materials we provide and that you sign at the time of rental. “You” or
“your” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and
any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or
“your” are jointly and severally bound by this Agreement. “We,” “our” or “us” means the independent business named on
elsewhere in this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement,
provided that each such person has a valid operator’s license for the type of vehicle rented and is at least ____ years of age.
Authorized Drivers are the only persons permitted to operate the Vehicle. “Vehicle” means the motorized “power sport” vehicle
(e.g., motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we
substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Loss of Use” means the loss of our
ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for
rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the
difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party
estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement.
“Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or
recovered by us and checked in by us.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your
expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify
us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this
rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty
of merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and
time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend
the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in
date. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until
we inspect it upon our next opening for business, and Charges will continue to accrue. 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, and return the
Vehicle with at least the same amount of fuel as when rented.
4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the
Vehicle, including damage caused by weather, acts of god or terrain conditions. Subject to the law in the jurisdiction where the
Vehicle was rented, your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we
determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is
repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after
the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is
measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Vehicle is
damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a
penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0‐
$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500
damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and
consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including
attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of
theft and vandalism to us and the police as soon as you discover them.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall
not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s
license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or non‐prescription drugs or alcohol;
(c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information;
(d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a
minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to
drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the
geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected;
(i) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would
damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message,
including text (SMS) messages or emails, while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle
safety and operations training, or other similar materials that we provide to you at the time of rental.
6. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide liability,
collision and comprehensive insurance covering you, us, and the Vehicle. We also provide an insurance policy (“Policy”) that
covers 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
we are 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. You and we
reject PIP, medical payments, no‐fault, uninsured and under‐insured motorist coverage. To the extent such protection is
imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all
damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b)
provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident
involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially
breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
7. Charges. You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at
the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all
Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental.
Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately
released by the card issuer. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or
on demand all Charges, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged
based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional
products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f)
tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are
required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative
fee of up to $50 for each such Toll or Violation; (g) all expenses we incur in locating and recovering the Vehicle if you fail to
return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment
attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month
late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum
amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (k) a reasonable fee
not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up
to$_650.00_____ if you lose the keys to the Vehicle. All Charges are subject to our final audit. If errors are discovered after the
close of this transaction, you authorize us to correct the Charges with the payment card issuer.
8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or
that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices,
whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Personal Information. You agree that we may disclose personally identifiable information about you to applicable
law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and
other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the
Vehicle.
10. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement
constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding
this rental are void. .A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the
performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to
exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You
waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of
this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in
connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable,
the remaining provisions are valid and enforceable.
MBA Generic PowerSports 051214
*AS THE RENTER YOU ARE RESPONSIBLE FOR ALL DAMAGES AND THEFT OF THE MOTORCYCLE*
YOUR LIABILITY: As the renter you are responsible for anything (Excluding normal wear and tear, and mechanical breakdown)
that happens to the Rental Unit including Scratches, Dents, Paint Chips, and Broken Parts while in your possession. You are
responsible for any items which are lost or stolen including but not limited to keys, helmets, jackets, X-grip, Backrest and GPS
Units. A surcharge will be added to the cost of the Lost or Stolen item.
It is your responsibility to account for and document any flaws or abnormalities with the Rental Unit prior to driving it away from
our facility. We highly recommend taking photos of any flaws or damage.
THE RENTAL UNIT MUST BE RETURNED NO LATER THAN THE TIME STATED ON THE RENTAL AGREEMENT
-If the rental unit is not returned on time, additional Insurance Coverage and Roadside assistance will be charged at the scheduled
return time. (this is to protect you as your insurance will lapse at the scheduled return time).
-Late rentals will incur a $25.00 per hour Late Fee up to 4 Hours at which point an additional days rental will be charged. (please be
on time as another customer may have the Rental Unit reserved and may be waiting).
-Please return the Rental Unit full of fuel (93 Premium or better) a $25.00 Fuel fee will be charged to units returned not full.
– Excessive wear and tear on the tires will result in the cost of a tire replacement being charged to your account
– RMM Motorcycle Rentals will charge up to a maximum of $1000.00 (Insurance Deductable)for any damage incurred during the
rental period.
-There will be No Refunds for early returned rentals.