This Vehicle Rental Agreement (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [COMPANY NAME], a Florida [ENTITY TYPE] (the “Company” or “Lessor”), and the individual identified as renter in Schedule A (the “Renter,” “you,” or “your”). The Company and Renter are each a “Party” and together the “Parties.”
This Agreement is intended for a high-liability specialty vehicle rental business involving special construction/bespoke recreation/replica/kit vehicles that do not meet modern vehicle safety standards and require heightened disclosures, strict rules, and risk allocation.
1.1 Rental Agreement Structure. The terms and conditions governing this rental (the “Rental Terms”) consist of:
- this Agreement; and
- Schedule A (Rental Document / Rental Summary / Vehicle & Driver Information / Check-Out & Return Report, including fee elections and initials).
Collectively, these documents form the “Rental Agreement.”
1.2 Bailment. You are renting from the Company the vehicle described in Schedule A (the “Vehicle”) pursuant to this contract of bailment for the mutual benefit of the Parties. You shall have possession of the Vehicle only during the Rental Period and only under the conditions of the Rental Agreement.
1.3 Florida Law Controls Where Required. By taking possession of the Vehicle, you agree to be bound by the Rental Agreement, except to the extent any term is prohibited under applicable Florida law, in which case such law will govern.
1.4 No Waiver by Delay. The Company’s failure to enforce any term at any time will not be a waiver of the Company’s right to enforce that term later.
1.5 Headings. Headings are for convenience and do not affect interpretation.
2.1 “Vehicle” means the specialty vehicle described in Schedule A, including all keys, accessories, documents, equipment, hard/soft top components, side curtains (if any), tools, gauges, tires/wheels, and all installed devices (including GPS/Telematics).
2.2 “Rental Period” means the period beginning at the actual checkout time shown on Schedule A and ending only when the Vehicle is returned to the Company and accepted as returned under Section 20.
2.3 “Authorized Driver” means only the person(s) expressly listed in Schedule A as authorized and vetted/approved by the Company before Vehicle release.
2.4 “Losses” means all losses, liabilities, claims, demands, causes of action, damages, judgments, penalties, fines, costs, expenses, and fees (including reasonable attorneys’ fees and costs), including third-party claims and property damage.
2.5 “Damage” includes any loss, theft, destruction, physical damage, mechanical damage, cosmetic damage, water intrusion, misuse, overheating, clutch damage, curb rash, undercarriage damage, tire/wheel damage, and any condition reducing value, including diminished value.
2.6 “Loss of Use” means lost rental revenue and/or loss of use damages (including downtime) for the period the Vehicle is unavailable due to Damage, repair, investigation, cleaning, remediation, impound, or recovery.
2.7 “Telematics” includes GPS tracking, speed, mileage, geofencing, ignition status, location history, and driving behavior metrics.
2.8 “Payment Method” means the credit/debit card or other method provided by you for charges, holds, deposits, and post-rental charges.
2.9 “Release Parties” means the Company and its past, present, and future direct and indirect owners, parents, subsidiaries, affiliates, managers, members, officers, directors, employees, agents, representatives, contractors, and insurers.
2.10 “Claims” means any and all claims, demands, causes of action, suits, liabilities, damages, losses, penalties, fines, judgments, costs, and expenses of any kind (including reasonable attorneys’ fees and court costs), whether known or unknown, suspected or unsuspected, foreseen or unforeseen.
3.1 Minimum Age. You represent, warrant, and agree that you (and any Authorized Driver) meet the Company’s minimum age requirement as follows: no one under the age of 30 may operate the Vehicle.
3.2 Valid Driver’s License. You represent and warrant that you hold a valid, unexpired United States-issued driver’s license and are legally authorized to operate the Vehicle in Florida.
3.3 Truthful Information. You represent and warrant that all information you provide (including identity, address, contact information, license, and insurance) is true, complete, and not misleading.
3.4 Right to Refuse/Cancel Delivery. The Company may refuse to deliver the Vehicle or may cancel/terminate the Rental Agreement if, in the Company’s reasonable judgment, you do not satisfy eligibility, identity, safety, payment, insurance verification, or compliance requirements, or if proceeding would increase risk (including inability to verify insurance). If the Company cancels before releasing the Vehicle to you, the Company will refund amounts actually received from you, less any non-refundable third-party platform fees, payment processor fees, chargeback fees, or other non-recoverable costs actually incurred by the Company in connection with your reservation, to the extent permitted by law.
4.1 Strict Authorized Driver Rule. Only you and any Authorized Driver listed in Schedule A may operate or possess the Vehicle. No one else may drive, use, possess, move, park, store, service, or control the Vehicle for any reason.
4.2 Material Breach. Any operation or possession by a non-Authorized Driver is a material breach and may result in immediate termination, Vehicle recovery, and your full responsibility for all Losses.
4.3 You Are Responsible for Others. You are responsible for the acts and omissions of:
- any Authorized Driver;
- any passenger;
- anyone you allow near the Vehicle; and
- anyone who gains access to the Vehicle due to your acts/omissions (including leaving keys accessible) or the acts and omissions of a passenger,
as if those acts/omissions were your own.
4.4 Joint and Several Liability. You and any Authorized Driver agree and acknowledge that you will be held jointly and severally for all obligations and Losses arising out of or relating to the Rental Agreement involving the Authorized Driver.
5.1 Consent to Scan/Copy and Verify. You authorize the Company and its Service Providers to scan, copy, digitally record, store, and verify your driver’s license, insurance, payment information, and other identifying information as reasonably required for this rental.
5.2 Retention and Use. You consent to the collection and retention of your information for compliance, fraud prevention, insurance verification, claims handling, charge processing, dispute resolution, and legal enforcement.
6.1 Not a Production Vehicle. You acknowledge that the Vehicle is a “Special Construction,” “Bespoke Recreation,” or “Replica” vehicle designed to aesthetically resemble a vintage vehicle (including a 1957 Porsche 356 Speedster style), and it is NOT an original Porsche AG factory-manufactured vehicle.
6.2 Absence of Modern Safety Standards. You understand that the Vehicle does not meet modern Federal Motor Vehicle Safety Standards (“FMVSS”) and lacks modern safety features, including, without limitation:
- No Passive Safety: no airbags, reinforced crumple zones, side-impact protection, or rollover protection.
- No Electronic Aids: no Anti-lock Braking System (“ABS”), traction control, or electronic stability control; wheels may lock under heavy braking, and the vehicle will not automatically correct for skids.
6.3 Handling Characteristics. You acknowledge that the lightweight, rear-engine configuration (or comparable non-standard configuration) creates unique handling dynamics and requires increased following distances and slower cornering speeds compared to modern production cars.
6.4 Critical Additional Disclosures. You acknowledge and accept:
- Front-mounted fuel tank risk in severe frontal collision (risk of rupture/fire differs from modern rear-tank designs).
- No rollover/side protection; windshield frame is cosmetic and provides no structural protection; fiberglass doors lack steel side-impact beams.
- Visibility danger due to low profile in Miami traffic.
- Child seats not supported (no LATCH and no locking retractors).
6.5 Assumption of Risk; As-Is Acceptance for Novelty/Recreation. You accept the Vehicle in its current as-is condition for novelty and recreational use and voluntarily assume all risks of property damage, serious bodily injury, or death inherent in operating a vintage-style platform with limited crash protection and no electronic safety assists.
6.6 Passenger Notice; Your Duty. You will inform all passengers of these risks and ensure they comply with all safety and conduct rules. You are liable for passenger conduct and resulting losses.
7.1 Mandatory Florida Statutory Notice (Fla. Stat. § 627.7263).
MANDATORY FLORIDA STATUTORY NOTICE (FLA. STAT. § 627.7263)
“THE VALID AND COLLECTIBLE LIABILITY INSURANCE OR PERSONAL INJURY PROTECTION INSURANCE PROVIDING COVERAGE FOR THE LESSOR OF A MOTOR VEHICLE FOR RENT OR LEASE IS PRIMARY UNLESS OTHERWISE STATED IN AT LEAST 10-POINT TYPE ON THE FACE OF THE RENTAL OR LEASE AGREEMENT. SUCH INSURANCE IS PRIMARY FOR THE LIMITS OF LIABILITY AND PERSONAL INJURY PROTECTION COVERAGE AS REQUIRED BY SS. 324.021(7) AND 627.736.”
The Company does not provide liability or PIP coverage for Renter under this Agreement, except and only to the extent any non-waivable coverage is imposed by applicable law. Nothing in this Agreement or Schedule A creates or expands any insurance coverage, waiver product, or defense obligation in favor of Renter.
7.2 Insurance Warranty & Verification. You warrant and represent that you maintain a valid personal automobile insurance policy in good standing that provides the state-mandated limits and extends comprehensive and collision coverage to rental vehicles. You acknowledge that many standard policies exclude Special Construction/Replica/Exotic vehicles and affirm you have verified coverage for this specific vehicle type. You authorize the Company to verify coverage status through third-party services at any time. You further acknowledge that it is solely your responsibility to confirm whether any insurance available to you applies to this rental, and any failure of such insurance to respond does not limit your obligations under this Agreement.
7.3 Financial Responsibility for Denied Claims. If your insurer denies a claim for any reason (including exclusions for replica vehicles or commercial/rental use), you remain personally and primarily liable for the full cost of the Vehicle repair, replacement (at current market value), and any third-party liability claims, including, but not limited to, the Company’s legal fees.
7.4 Notice of Non-Waiver. THE COMPANY DOES NOT PROVIDE ANY LOSS DAMAGE WAIVER, COLLISION DAMAGE WAIVER, OR ANY OTHER INSURANCE WAIVER PRODUCT. The Company is not agreeing to relieve or release Renter from liability for any loss, damage, claim, or expense. Renter must look solely to any insurance available to Renter, if any, and Renter remains 100% financially responsible for all damages, losses, and incidental costs, regardless of fault. No payment by any insurer will reduce or eliminate Renter’s liability except to the extent the Company actually receives and applies such payment to the applicable loss. Nothing in this Agreement limits the Company’s or its insurer’s right to pursue recovery directly from Renter, Renter’s insurer, or any other responsible person or source of funds.
8.1 Service Providers; Data Sharing. You acknowledge that the Company uses third-party software and service providers (the “Service Providers”) and expressly consent to the collection, processing, and sharing of your personal data (including name, address, driver’s license, and Payment Method), including:
- Fleet management platforms (reservation management/contract execution)
- Identity verification technologies (including driver’s license scanning and facial geometry/biometric data)
- Insurance verification services
- Payment processors
- Toll management providers
8.2 Compelled Disclosure. The Company may disclose your data if required by law, court order, governmental request, or to enforce the Rental Agreement, pursue recovery, or defend claims.
9.1 Express Written Consent. You acknowledge and provide express written consent to the installation and use of GPS tracking and Telematics on the Vehicle, including for:
- asset protection and recovery;
- safety and compliance monitoring (speed/driving behavior);
- geographic compliance (Florida-only); and
- emergency response.
9.2 No Tampering. You will not disable, shield, remove, tamper with, obstruct, or interfere with GPS/Telematics. Any tampering is a material breach and may result in immediate termination, recovery, additional fees, and full liability for Losses.
9.3 Geofence and Restricted Area Compliance. You acknowledge the Vehicle may be monitored for state line crossing and restricted areas (including racetracks). Violations may trigger immediate termination and the Geographic Breach Fee.
10.1 Prohibited Uses. The Vehicle shall NOT be used or operated in any manner prohibited hereby, including:
- by any person under the age of 30;
- by any unauthorized driver;
- while under the influence of alcohol, medication, or any legal/illegal drugs (including marijuana, regardless of prescription status) that may impair driving;
- for any illegal purpose;
- as a for-hire livery/ride-share service (Uber/Lyft) or for deliveries;
- for unauthorized commercial filming, professional photoshoots, or paid social media content creation;
- to push or tow any vehicle, trailer, or other object;
- for racing, speed contests, burnouts, performance tests, track use;
- on any unpaved roads, gravel paths, beaches, or sand (sand is strictly prohibited);
- outside of the State of Florida.
10.2 Geographic Limits; GPS Telemetry; Fee; Immediate Termination. The Vehicle may not be driven outside Florida. Crossing state lines or entering prohibited areas may result in immediate termination and a $500.00 Geographic Breach Fee.
10.3 Consequences. Any prohibited use is a material breach and may result in immediate termination, Vehicle recovery, forfeiture of amounts paid to the extent permitted by law, and full liability for all Losses.
11.1 Fragile Composite Construction. You acknowledge that the vehicle’s body is fiberglass composite; unlike steel, fiberglass is brittle and cracks/splinters/spider-webs under static weight or pressure.
11.2 Strict Prohibition (Static Weight). You agree that NO PERSON shall sit, stand, lean, or place heavy objects on any exterior part of the Vehicle, including hood, rear engine deck, doors, and fenders.
11.3 Damage Identification; Deemed Negligent Misuse. Any spider-webbing, stress cracks, or gel-coat fractures identified upon return that were not documented at check-out are deemed Damage caused by negligent misuse.
11.4 Repair Liability; Minimum Assessment. You are strictly liable for the professional restoration of affected panels. You acknowledge a minimum repair assessment of $500.00 per affected panel (agreed minimum, not a maximum), and you are liable for the full actual repair cost if higher.
11.5 Not Normal Wear and Tear. Fiberglass stress fractures caused by weight are never normal wear and tear.
12.1 Fair-Weather Use Only. The Vehicle is an open-top roadster designed for fair-weather use only.
12.2 Absolute Duty to Monitor and Protect. You assume an absolute and non-delegable duty to monitor local weather conditions and properly erect and secure the manual convertible top prior to precipitation and whenever the Vehicle is parked overnight or left unattended.
12.3 Manual Top Disclaimer; No Heavy Rain/Car Washes. You acknowledge that the manual top and side curtains (if provided) are vintage-style emergency components and do not provide a hermetic seal. Even with the top up, the vehicle should not be driven through heavy rain or high-pressure car washes.
12.4 Water Intrusion Liability (Strict). You are strictly liable for all costs associated with water damage to interior/leather/carpet/gauges/electrical systems, including professional drying, mold remediation, and component replacement.
12.5 Negligence Per Se/Prima Facie Evidence. Water intrusion from rain, sprinklers, or car washes is prima facie evidence of your failure to protect the Vehicle and is deemed negligence per se.
13.1 Check-Out Process. At delivery/pick-up, the Parties will complete the check-out report in Schedule A, including fuel level, mileage, accessories, and photos.
13.2 Your Inspection Duty. You must inspect the Vehicle before leaving and promptly document any pre-existing Damage on Schedule A and in photos. Unreported conditions may be treated as Damage caused during the Rental Period.
13.3 As-Is Acceptance. Subject to the check-out report, you accept the Vehicle as-is for novelty/recreational use.
14.1 Care and Safekeeping. You will use the vehicle carefully, keep it secured, and protect it from theft, vandalism, weather, flooding, salt air, sand exposure, and negligent handling.
14.2 Keys; Security. You will not leave keys in the Vehicle or leave the Vehicle unattended or unsecured. You acknowledge that this is a material breach under your Rental Agreement and may result in immediate termination, Vehicle recovery, and your full liability for all Losses.
14.3 No Repairs/Modifications. You will not perform or authorize any repair, towing choice, body work, mechanical adjustment, modification, aftermarket installation, or cosmetic alteration without the Company’s prior written consent. Unauthorized repairs may be treated as Damage and you will be responsible for restoration costs.
14.4 Routine Checks (Long Rentals). For rentals exceeding twenty-one (21) days, you will reasonably monitor tire pressure and fluid warning indicators and stop operating the Vehicle if warning lights, overheating, abnormal noises, or unsafe conditions occur, and immediately notify the Company.
15.1 Immediate Reporting (1 Hour). In the event of any accident, theft, or Damage (regardless of severity or fault), you must notify the Company immediately, and in no event later than one (1) hour after the occurrence if physically able.
15.2 Police Notification Threshold. If the incident involves injury, death, or estimated property damage exceeding $500.00, you must immediately contact local law enforcement and obtain a formal police report.
15.3 Documentation and Cooperation. You will cooperate fully with the Company and its insurers, including providing photos of the scene, witness contact information, and a copy of the police report.
16.1 No Guaranteed Roadside Assistance. Unless explicitly stated in Schedule A, the Company does not provide roadside assistance.
16.2 Your Responsibilities. In a flat tire, mechanical issue, lockout, accident, or disabling event:
- you are responsible for seeking assistance at your expense (towing, repair, locksmith, etc.);
- you must notify the Company immediately; and
- failure to report promptly may result in additional charges or termination.
16.3 Towing Instructions. The Company may require a specific tow operator/destination to prevent further Damage. You will follow the Company’s instructions to the extent safe and lawful.
17.1 Rental Period. The scheduled start/end date and time are stated in Schedule A.
17.2 Extensions Require Written Approval. Any extension must be secured in writing before the scheduled return time. The Company may refuse any extension in its sole discretion and may apply different rates/fees for any approved extension.
17.3 Late Return Policy. The Vehicle must be returned by the specified time.
- After the grace period, late fees are $50.00 per hour or a full daily rate charge, at the Company’s sole discretion.
17.4 No Refund for Early Return. No refunds/credits will be issued for Vehicles returned earlier than the scheduled return date/time.
18.1 Required Florida Statutory Notice (Fla. Stat. § 812.155). You must initial the statutory notice below:
REQUIRED FLORIDA STATUTORY NOTICE (FLA. STAT. § 812.155):
“FAILURE TO RETURN RENTAL PROPERTY OR EQUIPMENT UPON EXPIRATION OF THE RENTAL PERIOD AND FAILURE TO PAY ALL AMOUNTS DUE (INCLUDING COSTS FOR DAMAGE TO THE PROPERTY OR EQUIPMENT) ARE EVIDENCE OF ABANDONMENT OR REFUSAL TO REDELIVER THE PROPERTY, PUNISHABLE IN ACCORDANCE WITH SECTION 812.155, FLORIDA STATUTES.”
18.2 Civil Conversion. In addition to criminal penalties, failure to return the Vehicle at the agreed-upon time constitutes civil conversion. The Company is entitled to recover full replacement value, all lost rental revenue (Loss of Use), and legal fees and costs associated with recovery.
18.3 Reporting as Stolen. If the Vehicle is not returned within six (6) hours of expiration of the Rental Period and you have not secured a written extension, the Company may report the Vehicle as stolen to law enforcement without further notice.
19.1 Return Condition and Location. You will return the Vehicle to the drop-off location stated in Schedule A (or as otherwise instructed in writing) in the same condition as it was received.
19.2 Return Is Not Complete Until Accepted. Return is not complete until the Company (or its agent) receives the keys and possession, and the Vehicle is inspected and accepted as returned.
19.3 Post-Return Audit. You acknowledge the Company may require time after return to audit tolls, mileage, cleaning, water intrusion, hidden Damage, geofence compliance, and mechanical abuse indicators. Charges may be processed post-return under Section 20.
20.1 Security Deposit Hold. A hold of $5,000.00 will be placed on your credit card via the payment processor. The deposit is released 7–14 days after return, pending final audit.
20.2 Tolls. You are responsible for all tolls incurred, plus $2.95 per toll transaction for administration.
20.3 Cleaning Fee; Smoking Prohibited. Smoking is strictly prohibited. A minimum $500.00 cleaning and restoration fee applies if the Vehicle is returned with smoke odor, ash, excessive sand, dirt, or water residue.
20.4 Fuel (93 Octane). The Vehicle requires 93 octane premium fuel. You must return the Vehicle with the same fuel level as at check-out. Otherwise, you will be charged $6.00 per gallon.
20.5 Mileage Allowance. Rental includes a 100 miles per day allowance. Excess mileage is billed at $3.00 per mile over the cumulative allowance.
20.6 Florida Surcharge. A statutory surcharge of $2.00 per day applies.
20.7 Geographic Breach Fee. A $500.00 geographic breach fee applies for crossing state lines or entering prohibited areas (such as racetracks).
20.8 Late Return Charges. Late charges apply per Section 17.3.
20.9 Payment Method Authorization; Post-Rental Charges; Chargeback Waiver. You authorize the Company to verify funds and process all charges, including post-rental damages, tolls, fees, Loss of Use, diminished value, and administrative costs using the Payment Method on file. You waive the right to dispute (chargeback) legitimate charges for damages, cleaning fees, or refueling.
20.10 Interest/Collections (Non-Contradictory Supplement). To the extent permitted by law, overdue undisputed amounts may accrue interest at the maximum rate permitted by law, from the due date until paid, and you will reimburse reasonable collection costs, including attorney’s fees.
20.11 Security Deposit Hold Is Not a Cap. Any security deposit (or deposit hold) is not a limit on your liability. The Company may charge the Payment Method for all amounts owed, even if such amounts exceed the deposit/hold.
20.12 Setoff; Application of Payments. The Company may apply any amounts received from you (including deposits, holds, or partial payments) to any amounts due in any order the Company elects (including toward fees, Loss of Use, administrative fees, attorneys’ fees, repairs, tolls, or taxes), to the fullest extent permitted by law.
20.13 Evidence; Records; Admissibility. You agree that the Company’s records are admissible and may be relied upon to determine condition, timing, location, compliance, and charges, including: time-stamped photos/video taken at check-out/return; Telematics/GPS logs; toll records; payment processor records; inspection notes; estimates and invoices; and communications logs. You waive objections to authenticity or foundation to the fullest extent permitted by law.
21.1 Written Cancellation Required. Cancellations must be submitted in writing via the official booking platform or email.
21.2 48-Hour Policy. Reservations cancelled at least 48 hours prior to the scheduled pick-up are eligible for a 100% refund.
21.3 Late Cancellation. Reservations cancelled less than 48 hours prior to the scheduled pick-up are subject to a cancellation fee equal to 50% of the total rental cost.
21.4 No-Show/Late Arrival. If the Vehicle is not picked up within 2 hours of the scheduled time without prior notice, it is a no-show; the reservation is cancelled, and the full rental amount is forfeited.
21.5 Early Returns. No refunds/credits for early returns.
22.1 Right to Recover Vehicle. The Company may recover/repossess the Vehicle without notice to the extent permitted by law if the Company reasonably believes:
- the Vehicle is being used in violation of the Rental Agreement;
- the Vehicle is at risk of Damage, seizure, or theft;
- the Vehicle is outside permitted geography; or
- you have failed to pay amounts due or are otherwise in material breach.
22.2 Costs. You will pay the Company’s reasonable recovery costs (towing, transport, storage, locksmith, and administrative time), in addition to any fees authorized hereunder, and the Company may charge such amounts to the Payment Method.
23.1 General Rule. You are responsible for Damage to, loss of, or theft of the Vehicle during the Rental Period, including Loss of Use, diminished value, towing, storage, and administrative costs, to the fullest extent permitted by Florida law.
23.2 No Repair Authorization. You are not authorized to repair or have the Vehicle repaired without the Company’s express prior written consent.
23.3 Insurance Cooperation and Assignment (If Permitted). To the extent permitted by law, you authorize the Company to communicate directly with your insurer/benefit provider regarding claims and to receive claim payments for the Company’s Losses. You will promptly provide all information, claim numbers, policy information, declarations pages, insurer contact information, authorizations, and other cooperation reasonably requested by the Company in connection with any claim or recovery effort. Nothing in this Agreement waives, limits, or impairs the Company’s right, or the right of the Company’s insurer, to pursue recovery, reimbursement, indemnity, contribution, or subrogation against you, your insurer, or any other responsible party. You remain liable for all Losses to the extent they are not actually paid and received in full by the Company.
24.1 Indemnification. To the fullest extent permitted by Florida law, you will defend, indemnify, and hold harmless the Released Parties from and against any and all Claims and Losses arising out of or relating to: (a) your or any Authorized Driver’s (or any unauthorized driver’s) rental, possession, custody, use, operation, control, fueling, parking, storage, loading/unloading, transport, or return of the Vehicle; (b) any breach of the Rental Agreement by you, any Authorized Driver, or any person for whom you are responsible under Section 4; (c) any claim for bodily injury, death, or property damage sustained by you, any passenger, any Authorized Driver, or any third party; (d) any citation, fine, toll, impound, lien, seizure, or forfeiture involving the Vehicle during the Rental Period; and (e) any allegation that any Released Party is liable under any legal theory.
24.2 Defense Obligations. The Company may, at its option, assume defense of any matter subject to indemnity with counsel of its choosing, and you will cooperate fully. Your defense and indemnity obligations include payment of reasonable attorneys’ fees and costs incurred by any Released Party.
24.3 No Limitation. Your indemnity obligations are not limited by (a) the security deposit hold, (b) any insurance proceeds, and will survive the end of the Rental Period and return of the Vehicle.
In any civil action brought to enforce the Rental Agreement, the prevailing party is entitled to recover reasonable attorneys’ fees and court costs from the non-prevailing party.
26.1 Assumption of Risk. To the fullest extent permitted by Florida law, You knowingly, voluntarily, and irrevocably assume all risks (whether known or unknown, suspected or unsuspected, foreseeable or unforeseeable) arising out of or relating to the rental, possession, custody, use, operation, maintenance, fueling, parking, storage, loading/unloading, transport, return, condition, or performance of the Vehicle, and any interaction with the Vehicle (including entering/exiting), regardless of cause. This assumption of risk applies without limitation to risks arising from:
- the condition of roads, traffic, weather, visibility, and driving conditions;
- mechanical or electrical issues, component failures, tire issues, braking/handling characteristics, and any alleged defect, wear, or malfunction;
- acts or omissions of You, passengers, authorized or unauthorized drivers, third parties, or other motorists;
- theft, vandalism, fire, flood, hail, wind, debris, or other events;
- any instruction, lack of instruction, demonstration, or communication by the Company; and
- any delay in repair, towing, roadside response, or recovery.
You understand and agree that operating or riding in a motor vehicle can result in property damage, serious bodily injury, paralysis, or death, and you assume all such risks.
26.2 Limitation of Company Liability (To Extent Permitted); Release; Covenant not to Sue. To the extent permitted by Florida law, the Company will not be liable for indirect, incidental, special, consequential, or punitive damages arising out of this rental. Nothing limits liability that cannot be limited under applicable law. To the fullest extent permitted by Florida law, You (on behalf of Yourself and anyone claiming through You) hereby fully and forever release, waive, and discharge the Released Parties from any and all Claims arising out of or relating to the Vehicle or this rental transaction, including Claims based on ordinary negligence, negligent entrustment, negligent maintenance, premises liability, breach of contract, breach of warranty, misrepresentation, strict liability, and product liability, except to the extent such release is prohibited by applicable law. To the fullest extent permitted by Florida law, you agree not to sue (and not to commence, join, or participate in) any lawsuit, arbitration, class action, or other proceeding against any Released Party for any Claim released under this Section 26.
26.3 No Warranty. THE VEHICLE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” The Vehicle is provided as-is and the Company disclaims warranties to the maximum extent permitted by law. You acknowledge that no oral or written statements by the Company create any warranty, and You are not relying on any statement regarding the Vehicle’s condition, safety, suitability, or performance except as expressly stated in this Agreement.
27.1 No Responsibility for Property. The Company is not responsible for loss of or damage to any property in or on the Vehicle, on the Company’s premises, or received or handled by the Company, regardless of fault. You are responsible to the Company for claims by others for loss or damage.
27.2 Abandoned Property. Property left in the Vehicle may be treated as abandoned, and the Company may dispose of it after ten (10) days unless prohibited by law.
28.1 Written Notice of Dispute. Renter will deliver to Company a written notice of Dispute (defined below) (hereinafter, a “Dispute Notice”) in accordance with this Agreement’s Notices section. The Dispute Notice will include:
- a detailed description of the facts and circumstances giving rise to the Dispute;
- the specific relief requested and the good-faith basis for it;
- all documents, photos, messages, receipts, and other evidence on which Renter relies;
- Renter’s current mailing address, email address, and phone number; and
- a statement that Renter is providing the notice under this Section 29 and seeks an opportunity to cure.
28.2 Opportunity to Cure. The Company will have thirty (30) days after receipt of a complete Dispute Notice (the “Cure Period”) to investigate and respond, and, at Company’s option, to cure, settle, or otherwise resolve the Dispute. The Cure Period will be tolled (extended) for any period during which Renter fails to reasonably cooperate with Company’s investigation or fails to provide the requested information or documentation reasonably related to the Dispute.
28.3 Company Option to Require Binding Mediation. If the Dispute is not resolved within the Cure Period, then Company may, in its sole discretion, elect to require binding mediation by delivering written notice to Renter (a “Mediation Election Notice”) at any time before Company files an answer or other responsive pleading in a court proceeding (or, if no proceeding has been filed, at any time after the Cure Period). If Company elects binding mediation, Renter will participate in binding mediation as the exclusive next step and will not file or continue any proceeding except as permitted under this Section 28. If Company does not elect binding mediation, Company may waive mediation and the Parties may proceed in court subject to Section 29 (exclusive Miami-Dade venue). The mediation will be administered by the AMERICAN ARBITRATION ASSOCIATION (or, if unavailable, a comparable provider selected by Company). The mediator will be a neutral attorney or retired judge with at least ten (10) years’ experience in commercial disputes, selected as follows: Company will propose three candidates; Renter will select one within five (5) business days; if Renter fails to select, Company will select.
This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Vehicle, the rental transaction, or the Parties’ relationship (each, a “Dispute”) will be governed by the laws of the State of Florida, without regard to conflicts-of-law principles. Subject to Section 28.3 (Company-option binding mediation), any lawsuit or court proceeding relating to a Dispute will be brought exclusively in the state courts located in Miami-Dade County, Florida, or (if applicable jurisdiction exists) the federal courts located in Miami-Dade County, Florida. Renter irrevocably submits to such exclusive jurisdiction and venue and waives any objection based on inconvenient forum or improper venue.
30.1 Notices. Notices must be in writing and delivered to the addresses/emails in Schedule A (or as later updated by written notice):
- by email (with confirmation of transmission);
- by nationally recognized overnight courier; or
- by certified mail, return receipt requested.
30.2 Deemed Receipt. Notices are deemed received when delivered (courier), when shown on delivery confirmation (email), or three (3) business days after mailing (certified mail), unless prohibited by law.
31.1 Entire Agreement. This Rental Agreement is the entire agreement between the Parties and supersedes all prior oral or written understandings.
31.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect, and the provision will be enforced to the maximum extent permitted.
31.3 Assignment. You may not assign this Rental Agreement. The Company may assign its rights (including collection rights) without your consent.
32.1 Electronic Signatures. The Parties agree that this Agreement may be executed electronically and that electronic signatures have the same legal effect as original handwritten signatures.
32.2 Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original.
32.3 Survival Generally. All provisions of this Agreement that by their nature should survive expiration or termination of this Agreement, or return of the Vehicle, will survive, including without limitation all provisions regarding: payment obligations; fees and charges; post-return audit; payment authorization; chargeback waiver; Damage/Losses; Loss of Use; diminished value; indemnification; releases and waivers; assumption of risk; limitations of liability; dispute resolution; governing law and venue; attorneys’ fees; evidence and recordkeeping; privacy consents; and any other provisions intended to protect the Company after the Rental Period.
32.4 Surviving Sections (Non-Exclusive). Without limiting Section 32.3, the following sections survive expiration/termination and/or return of the Vehicle: Sections 2, 5, 6, 7–9, 11–13, 16, 19–21, 23–27, 28, 29–33, 34, and this Section.
33.1 Cumulative Rights and Remedies. The Company’s rights and remedies are cumulative and in addition to any rights and remedies available at law or in equity. Any exercise of a remedy does not preclude the exercise of any other remedy.
33.2 Security Deposit Hold Is Not a Cap. Any security deposit (or deposit hold) is not a limit on your liability. The Company may charge the Payment Method for all amounts owed, even if such amounts exceed the deposit/hold.
33.3 Joint and Several Liability. You are jointly and severally liable with any Authorized Driver (and any person who accesses or uses the Vehicle with Your permission or as a result of Your acts or omissions) for all obligations and Losses arising out of the rental, to the fullest extent permitted by Florida law.
33.4 Setoff; Application of Payments. The Company may apply any amounts received from you (including deposits, holds, or partial payments) to any amounts due in any order the Company elects (including toward fees, Loss of Use, administrative fees, attorneys’ fees, repairs, tolls, or taxes), to the fullest extent permitted by law.
33.5 Evidence; Records; Admissibility. You agree that the Company’s records are admissible and may be relied upon to determine condition, timing, location, compliance, and charges, including: time-stamped photos/video taken at check-out/return; Telematics/GPS logs; toll records; payment processor records; inspection notes; estimates and invoices; and communications logs. You waive objections to authenticity or foundation to the fullest extent permitted by law.
33.6 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE RENTAL TRANSACTION.
33.7 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, YOU AGREE THAT ANY DISPUTE AGAINST COMPANY WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
33.8 Renter Waiver of Subrogation (To Extent Permitted). To the fullest extent permitted by law, you waive (and will cause Your insurer to waive) any right of subrogation against Company and the Released Parties for Claims released or assumed under this Agreement. This does not apply to rights that cannot legally be waived.
33.9 Reformation. If any provision of this Agreement is held unenforceable, the Parties intend that it be modified/reformed to the minimum extent necessary to make it enforceable while most closely preserving the parties’ original intent, and the remainder will remain in full force and effect.
33.10 Force Majeure. The Company shall not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government restrictions or regulations, wars, terrorism, civil unrest, strikes, labor disputes, or any other unforeseeable circumstances (“Force Majeure Event”). In the event of a Force Majeure Event, the Company reserves the right to suspend or terminate this Agreement without liability. The Company shall notify the Client as soon as reasonably possible if it invokes this clause.
33.11 RENTER ASSUMES ALL RESPONSIBILITY FOR DAMAGE/LOSS. Notwithstanding anything to the contrary, you are 100% responsible for all loss of or damage to the Vehicle, regardless of cause or fault, and you will pay us for all losses. Your obligations include, without limitation: (a) payment of the $2,500 deductible; and (b) payment of $995/day for Loss of Use (lost rental revenue/downtime), which amounts are due immediately upon demand and are not subject to any waiver or reduction. If the Vehicle is lost or damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds. Where permitted by law, You authorize us to charge you for the actual cost of repair or replacement of lost or damaged items. If the Vehicle is stolen and not recovered, You will pay us the car’s fair market value before it was stolen. As part of our loss, You’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). You authorize us to contact your insurer/benefit provider directly on your behalf and assign your benefits directly to us to recover all consequential and incidental damages. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental. If we authorize you to have the Vehicle repaired, we will reimburse you for those repairs only if you give us the repair receipt.
33.12 Mileage cap. Some rentals may include a mileage cap, as outlined in Schedule A. If the mileage cap is exceeded, the Company reserves the right to charge an additional fee of $3.00 (three dollars) per excess mile, at the Company’s sole discretion.
33.13 Fines, Expenses, Costs and Administrative Fees. You’ll pay all fines, penalties, and court costs for parking, traffic, toll, and other violations, including storage liens and charges. You agree the Company may, in its sole discretion, pay all tickets, citations, fines, and penalties on Your behalf directly to the appropriate authority, and You will pay the Company for what it paid to the appropriate authority or their designated agents, plus a reasonable administrative fee. You agree and acknowledge that the Company cooperates with all federal, state, municipal, and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. You agree to indemnify and hold the Company harmless for any tickets, citations, fines, penalties, and administrative fees.
BY SIGNING BELOW, YOU ACKNOWLEDGE THIS IS A VINTAGE-STYLE REPLICA, NOT A MODERN PRODUCTION CAR. IT LACKS THE SAFETY SYSTEMS FOUND IN VEHICLES MANUFACTURED AFTER 1970, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
- NO MODERN SAFETY SYSTEMS: No airbags, ABS, traction control, or stability control.
- FRONT-MOUNTED FUEL TANK: Risk of rupture/fire in severe frontal collision differs from modern designs.
- NO ROLLOVER/SIDE PROTECTION: Windshield frame is cosmetic; no rollover protection; fiberglass doors lack side-impact beams.
- VISIBILITY DANGER: Low profile may not be visible to trucks/SUVs; elevated risk in Miami traffic.
- CHILD SEATS: Cannot safely accommodate modern child safety seats; no LATCH anchors/locking retractors.
- FRAGILE BODYWORK: Fiberglass body. DO NOT SIT, STAND, OR LEAN on body panels; you are strictly liable for resulting damage.
I HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS RENTAL AGREEMENT, INCLUDING STRICT LIABILITY FOR FIBERGLASS DAMAGE AND THE RAIN/WATER INTRUSION PROTOCOLS.
RENTER ACKNOWLEDGEMENT OF FULL LIABILITY (NO WAIVER OFFERED). BY INITIALING THIS AGREEMENT AND ACCEPTING THE VEHICLE, YOU AFFIRM THAT NO LOSS DAMAGE WAIVER OR OTHER WAIVER PRODUCT WAS OFFERED OR PROVIDED AND YOU ARE FULLY RESPONSIBLE FOR ALL DAMAGE, THEFT, LOSS OF USE ($995/DAY), THE DEDUCTIBLE ($2,500), AND ALL INCIDENTAL LOSSES, REGARDLESS OF FAULT. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY IS NOT PROVIDING CONTRACTUAL INSURANCE COVERAGE FOR YOUR BENEFIT UNDER THIS AGREEMENT AND THAT THE COMPANY AND ITS INSURER RETAIN ALL RIGHTS TO SEEK RECOVERY DIRECTLY FROM YOU, YOUR INSURER, OR BOTH.