BLACKSFORD

Blacksford Club Member AGREEMENT

 

Blacksford, LLC

 

Club Terms and Conditions

 

Blacksford Club members must comply with all applicable terms and conditions of this Blacksford Club Member Agreement.

1.     Club Member Agreement (“Agreement”).  The terms and conditions listed below and other vehicle transaction documents, the membership terms and conditions and a return record with computed fees and charges shall collectively constitute the Agreement between you and Blacksford, LLC (“Blacksford”) for the vehicle selected by you at the time of usel.

2.     Vehicle. Vehicle means the vehicle selected and rented to you and its replacement, including all tires, tools, equipment, accessories, license plates/tags and vehicle documents in or on the vehicle (“vehicle”).

3.     Who May Drive the Vehicle.  Only the members of your Membership in the Blacksford Club may drive the Vehicle.  Each Blacksford Club Membership shall consist of up to a maximum of two individuals in a single family unit, which includes you, your spouse or domestic partner, or an additional driver specifically qualified and authorized by Blacksford to drive the vehicle may drive the vehicle. You represent that you and any authorized driver are licensed to operate the vehicle and capable of doing so.  Any authorized driver of the vehicle must be at least 25 years old and must in possession of validly issued driver’s license, which is in good standing under the laws of the issuing jurisdiction. You agree that, while Blacksford is entitled to rely upon your representations, it also has the right to verify that the driver’s license of any authorized driver has been validly issued and is in good standing and that Blacksford may refuse to rent to you, terminate the Agreement or refuse to allow others to drive the vehicle, if the driver’s license of any authorized driver has been or is currently suspended, revoked or otherwise similarly restricted.

4.     Membership Levels and Length of Season.  Blacksford currently offers three levels of Membership:  Standard and Multi-Market. The Standard Membership is offered in either a 21-day or a 30-day variation and is limited to your Home Club.  The Multi-Market Membership is a 30 or 60-day variation in which you are permitted to book a vehicle from any Blacksford Club location.  

It is understood that the length of time during which your Home Club will make vehicles available for booking may vary by location of the Home Club.  Unless otherwise stated, the length of the season will be the calendar year, with the season beginning on the 1st day of January of each year. The total number of days may only be used during the season and will not carry over into the next year irrespective of when the Membership is purchased nor will the number of days be pro rated for purchases of a Membership during the Season.  

Memberships are not automatically renewed each year.

5. Booking. Booking is on a first-come, first-served basis and it is understood that there may be periods of time where a Blacksford Club vehicle is not available for a Member’s use on their preferred date due to high demand.  Booking early for your most desired dates is highly recommended Depending upon the Membership Level that you have selected, you will have a set number of days to use a Blacksford Club vehicle. A Day is defined as a calendar day.  Each Club Membership may only have one booking open at any time. On the day of your scheduled booking, you may book a unit for another date. The minimum length of any booking is 3 Days. For Standard and Multi-Market Members, the maximum length of any booking is 21 Days.  For Multi-Market Members, the maximum reservation length is 30 days. The limitation on the number of bookings that any Club Membership may have do not apply to bookings within 3 Days of pickup. Thus, provided that a vehicle is available, a Member may book a vehicle on three days prior to any desired date (example: you may book on Tuesday for a Friday reservation) provided that such booking satisfies the minimum and maximum length of booking and further provided that such booking does not interfere with a booking already on schedule.

Booking may be for a specific type of vehicle.  It is understood that there may be periods of time during the season during which certain types of vehicles are not available for use by Members.  

6. Pickup and Return of the Vehicle. You may pick up the vehicle between 9 am and 5 pm local time on the Day on which your booking is scheduled to start.  You must return the vehicle between 9 am and 5 pm local time on the Day on which your booking is scheduled to conclude. Reservations must be picked up and dropped off at the same Home Location, this includes Multi-Market Members.

7. Fees and Cancellation Policies.  The Membership Fee varies on the basis of the location of the Blacksford Club and number of Days desired.  The entire amount of the Membership Fee must be paid when you become a Member. Refunds are only issued with the following schedule:

the following schedule:

Cancellation by Days Prior to start of Season of Home Location

90 or less days: non-refundable

91-120 days: 50%

121-150 days: 75%

More than 150 days: 100% less $250 administrative fee

Multi-Market Members by days based on start date of the first day of the calendar quarter (1/1; 3/1; 6/1; 9/1) or sooner as member requests:

90 or less days: non-refundable

91-120 days: 50%

121-150 days: 75%

More than 150 days: 100% less $250 administrative fee

Memberships are not transferable and Days may only be used by your Membership.  

You may cancel any booking up to 10 Days in advance with no penalty.  In the event that you cancel a booking with less than 10 Days’ notice, but more than 4 Days’ notice, you will be deemed to have used ½ of the Days in the booking.  In the event that you cancel a booking with less than 4 Days’ notice, you will be deemed to have used all of the Days of the booking.   

8.     Your Obligations Prior to the Pickup of Your Vehicle.  Members are required to participate in an on-site training session regarding the use of all Blacksford vehicles.  Such training sessions shall be scheduled at the beginning of the Membership period and periodically as needed. 

9.     Late Return of the Vehicle.  Unless otherwise specifically agreed in writing by Blacksford, you must return the vehicle between 9:00am - 5:00pm LOCAL TIME.If you return the vehicle later than the agreed duration of the rental, you may also be charged a late return fee, as well as applicable charges. You may not return the vehicle at a time when the Blacksford location is closed.  If you wish to extend any rental you must contact Blacksford 48 hours prior to your return date as specified in the Agreement and request an extended return date, which Blacksford may or may not grant at Blacksford’s sole discretion. If Blacksford does grant an extension, it will be added to your allotted days in your membership.. 

10.     Condition of the Vehicle upon its Pickup from and Return to Blacksford. You are required to inspect the interior and exterior of the vehicle prior to leaving the Blacksford location to determine if the vehicle has any damage and to report any such vehicle damage to Blacksford prior to leaving the Blacksford location and then to return the vehicle to Blacksford in the same condition as when you received it, normal wear and tear excepted.

11.     Prohibited Use of the Vehicle.   It is a violation of this Agreement if you use or operate or permit the vehicle to be used or operated: 

a)     by anyone not a Member;

b)    by anyone who has provided false or untruthful information to Blacksford such that Blacksford would not have rented the vehicle or approved the individual as an authorized driver if Blacksford had received true or accurate information; 

c)     to carry persons for hire or for other commercial use; 

d) To tow or push anything unless the Member has paid a Towing Fee;   

e)    in a speed test or contest; in a driver training activity;  

f)     by anyone who is under the influence of alcohol, drugs or other substance likely to impair the driver’s judgment or driving ability;

g)     in connection with conduct that could properly be charged as a felony;

h)    in an intentional, willful or reckless manner, such as;

(i)    when the vehicle is loaded beyond its rated capacity; or contains dangerous or illegal materials or substances;

(ii)   with more passengers than available seatbelts or with any vehicle occupant not using their seat belt;

(iii) transporting children without using properly installed child safety seats/restraints, whether such seat or restraint is provided by Blacksford or yourself; 

(iv) while texting, emailing or using a cellular phone or other mobile communication device in other than a hands-free approach to the extent permitted by law;

(v)  when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle; or

(vi) in a manner that is inappropriate for the vehicle.

i) to drive the vehicle anywhere other than the contiguous 48 states, Alaska or Canada; 

j) in violation of applicable law; or

k) any music or similar festival.

12.     Additional Violations of the Agreement:  It is also a violation of the Agreement if you or any other driver: 

a)     fails to immediately report any damage to or theft of the vehicle when it occurs or when it becomes known, to Blacksford and to the local police authorities;

b)    fails to promptly provide Blacksford or the local police authorities with a comprehensive written accident/incident report at the scene of the accident or fails to fully cooperate with Blacksford’s or the police authority’s investigation efforts;

c)     fails to fully and promptly cooperate with Blacksford in any claim process or legal proceeding resulting from an accident  or claim involving the vehicle; 

d)    fails to properly secure the vehicle or operates remove the keys (excluding valet parking situations) or to close and lock all doors, or fails to close all windows and the trunk when the vehicle is left unattended and the vehicle is then stolen or vandalized; or

e)     allows smoking or pets in the vehicle, other than certified assistance animals.

13.  No Ownership Rights.  Members acknowledge and agree that the Membership does not create a property or ownership interest in any Blacksford Vehicle nor do Members have any rights continuing beyond the particular season of their Membership.

14.  Loss of or Damage to the Vehicle.  You will be responsible to pay Blacksford for all loss of or damage to the vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, Blacksford’s costs, as noted below.  If the vehicle is damaged, you will pay Blacksford’s estimated repair costs, or if Blacksford decides to sell the vehicle in its damaged condition, you will pay Blacksford the difference between the vehicle’s cost before it was damaged and the actual sale proceeds received by Blacksford.   If the vehicle is stolen and not recovered within 30 days you will pay Blacksford the vehicle’s fair market value before it was stolen plus an administrative fee.. You will be required to purchase insurance at the published rates for each reservation. Each Member agrees to cooperate with Blacksford on any insurance claim and authorizes Blacksford to submit a claim for any of Blacksford’s losses or damages, including all of the costs identified in this Section and any administrative fees to your insurance company upon completion of your rental.  However, you remain liable to Blacksford for any losses sustained by Blacksford in excess of what your insurance covers. Additionally, you agree to pay Blacksford for any deductible or other amounts due to Blacksford that is not covered by your insurance or paid to Blacksford by your insurance company. 

15.  Fuel Service Charge.  All vehicles are rented with a full tank of fuel and Blacksford requests that you return the vehicle with a full tank of fuel. However, if you return the vehicle with less fuel than when you received it, Blacksford will charge you a fuel service charge at the applicable rate specified in the Agreement.  To calculate this charge, Blacksford will calculate the number of gallons of fuel needed to refill the vehicle’s fuel tank (based on the vehicle’s gas gauge and the capacity of the vehicle’s fuel tank), and then multiply by the prevailing per gallon pump price of diesel fuel in the area.

16.  Cleaning Fees.  Blacksford maintains a clean and smoke free fleet of vehicles. You are expected to return the vehicle in the same clean and smoke free condition.  You will pay up to a $500 fee for cleaning the vehicle’s interior and exterior upon its return if there are any unusual stains, smells (including cigarette and cigar smells), dirt or soil in or on the vehicle attributable to animals, pets or to any other use of the vehicle. 

17.  Key and Owner’s Manual Replacement Costs.  You will be responsible for the costs incurred by Blacksford to replace the key(s) to the vehicle provided to you at the time you take possession of the vehicle if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the vehicle to Blacksford. If the owner’s manual is provided in the vehicle and is not returned, you will be responsible for the costs incurred by Blacksford to replace the manual plus an administrative fee as set forth in Attachment A.

18.  Traffic/Parking Violations.  You are responsible for and will pay any and all traffic and parking violations while you are in possession or control of the vehicle, including toll or other photo enforced violations. You are liable for the fines imposed for any such violations, plus any late payment and applicable processing fees due to the governing municipality.  In addition, you will be responsible for all costs and expenses incurred by Blacksford, including reasonable attorney fees, plus an administrative fee as set forth in Attachment A.

19.  Liability Insurance/Protection.  An authorized driver of the vehicle, as those terms are defined by the Agreement, may, under certain circumstances, be considered an insured under certain Blacksford insurance policies.  Except where required by law to be primary, any insurance protection provided by Blacksford shall be secondary to, and not in excess of, any applicable insurance or other coverage available to you, or any other authorized driver, from any other source, whether primary, excess, secondary or contingent.   Insurance protection may arise where an authorized driver of the vehicle causes “bodily injury” or “property damage” (as those terms are defined in Blacksford’s pertinent insurance policies) to others. The Blacksford-provided insurance protections shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction.  Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage.” If insurance protection is extended by operation of law to a person or instance unintended by the terms of the Agreement, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction.  Blacksford has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both. A copy of Blacksford’s liability insurance policy and/or self-insurance certificate is available for your inspection, upon reasonable prior notice, at Blacksford’s headquarters or other location designated by Blacksford. 

20.  Child Safety Seats and Seat Belts.  You are responsible for ensuring compliance with applicable laws for the use of seat belts and child safety seats. 

21.  Indemnification.  You agree to indemnify and hold Blacksford and its suppliers harmless from any loss, liability and expense that Blacksford incurs arising out of the use of the vehicle while in your possession, including costs and attorney’s fees. 

22.  Repossessing the Vehicle.  Blacksford shall have the right to repossess the vehicle at any time, without prior notice to you, if it is found illegally parked, being used in violation of the law or the terms of the Agreement or appears to be abandoned.  If the vehicle is repossessed, you agree to pay all costs incurred by Blacksford in the repossession process.

23.  Credit Card Charge/Reserve.  You will pay at the end of the reservation or on demand by Blacksford all charges, fees, expenses, taxes, surcharges and other amounts due to Blacksford pursuant to the Agreement and you authorize Blacksford, from time to time, to charge your credit card for the full amount(s) due to Blacksford pursuant to the Agreement.  You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that Blacksford will authorize the release of any excess reserve or set aside upon the completion of your rental and that your card issuer’s rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the return of the vehicle.

24.  Collections.   If you do not pay all amounts due to Blacksford under the Agreement upon demand, you agree to pay a late charge of 1 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less. You agree to also pay for any costs and attorneys’ fees that Blacksford incurs in seeking to collect any monies that are due from you to Blacksford pursuant to this Agreement. 

25.  Lost or Damaged Property.  Blacksford is not responsible for loss of or damage to any personal property in or on the vehicle, in any service vehicle, Blacksford’s premises, whether or not received or handled by Blacksford.

26.  Voiding of Rental, Optional Services and Insurance Coverages.    TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW, ANY VIOLATION OF THE PROVISIONS OF THE AGREEMENT, SUCH AS USE OF THE VEHICLE BY AN UNAUTHORIZED DRIVER OR OTHER VIOLATION OF THE PROHIBITED USES, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND THE RENTAL AGREEMENT AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES OR INSURANCE COVERAGES THAT YOU HAVE ACCEPTED, INCLUDING SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL EFFECTS INSURANCE, PERSONAL ACCIDENT INSURANCE AND LOSS DAMAGE WAIVER. 

27.  Changes to the Agreement.  Any change to any provision in the Agreement must be agreed to by a duly authorized representative of Blacksford.

28.  Global Positioning Satellite System.  The vehicle is equipped with a device that allows Blacksford to use a global positioning satellite or other technology, as and to the extent permitted by applicable state law, to track, locate and/or disable the vehicle and to provide such information and capability to law enforcement agencies at any time and especially if you fail to return the vehicle when and where required under the Agreement or otherwise violate any provision of the Agreement.

29.  Emergency Systems.  For your comfort and safety, the vehicle is equipped with and Blacksford is authorized to activate a device which may provide a link to access available emergency, police and other third-party service providers.

30.  Roadside Assistance.  Blacksford provides roadside assistance during the entire term you are in possession of the vehicle during a valid reservations provided that You have complied with the terms of this Agreement.  If you are in need of roadside assistance, please contact Blacksford at 406-384-6758.

31.  Miscellaneous. 

(a)   Failure by Blacksford to complain of any action or non-action on your part, no matter how long that situation may continue, shall not be deemed to be a waiver by Blacksford of any of its rights as provided in the Agreement.  No waiver at any time of any of the provisions in the Agreement by Blacksford shall be construed as a waiver of any other provision in the Agreement and a waiver at any time of any of the provisions in the Agreement shall not be construed as a waiver at any subsequent time of the same provisions.

(b)  You waive and release any claim against Blacksford for incidental, special or consequential damages in connection with your use of the vehicle.

(c)   If any term or provision of the Agreement, or its application to any person or circumstance shall, to any extent, be invalid, unenforceable or otherwise contrary to applicable law, the remainder of the Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, unenforceable or contrary to applicable law, shall not be affected, and each other term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.

(d)  To the extent permitted by applicable state law, the Agreement shall be governed by and construed under the laws of the State of Montana.

(e)   In the event of any legal or administrative proceedings between you and Blacksford arising out of or relating to the terms of the Agreement, the prevailing party in such proceeding shall be entitled to receive reimbursement for its costs, expenses and reasonable attorneys' fees from the non-prevailing party. The prevailing party shall mean the party receiving substantially the relief desired, whether by settlement, dismissal, summary judgment, judgment or otherwise.

(f)   You agree:

                           i.         to submit to exclusive arbitration under the rules of the American Arbitration Association any disputes relating to the Agreement and/or your use or possession of the vehicle and that any such arbitration shall be conducted exclusively in Travis County, Texas and in no other jurisdiction; 

                         ii.         to give up your right to have a trial by jury;

                        iii.         to give up your right to serve as a representative, as a private attorney general or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit against Blacksford involving any dispute;

                        iv.         to file any claim against Blacksford within one (1) year after the date of the Agreement or such claim will be forever barred. 

 

 

 

Attachment A

Schedule of Fees

Section

Fee   Amount

Other fees may apply and fees may change without notice.

Name

Fee

Lost Key

$500

Empty Gray/Black Tank

$150

Cleaning

Minimum $500

Re-Fueling

Actual Cost

Unauthorized Towing

$1500 plus any damages

Pet Cleaning

Minimum $500