BLACKSFORD
RENTAL AGREEMENT

 

Blacksford, LLC

(as of 3/6/2019)

Vehicle Rental Terms and Conditions

 

Blacksford rental customers must comply with all applicable terms and conditions of this Blacksford Rental Agreement.

 

1.     Rental Agreement (“Agreement”).  The terms and conditions listed below and other vehicle rental 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 rental.

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 you, your spouse or domestic partner, or an additional driver specifically qualified and authorized, at the time of rental, by Blacksford to drive the vehicle may drive the vehicle, but only with your express prior permission (“authorized driver”). 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.     Rental Charges and Cancellation.  At the time of reservation, your credit card will be charged 50% of the total rental charge due, which will reserve the Vehicle for your use on the dates specified.  Your credit card will be charged 25% of the total rental charge due 30 days prior to the date of the rental.  Your credit card will be charged the final 25% of the total rental charge due plus the security deposit 7 days prior to the date of the rental.  Cancellation charges will be as follows:  (1) for cancellation more than 90 days prior to the date of the rental, 75% of the total payments will be returned; (2) for cancellations more than 30 days but 90 or less days prior to the date of the rental, 50% of the total payments will be returned; (3) for cancellations more than 10 but 30 or less days prior to the date of the rental, 25% of the total payments will be returned; (4) for cancellations 10 or less days before the date of the rental, you will not be entitled to the return of any portion of the payments that you have made, but the entire amount of your security deposit will be returned with any cancellation. 

5.     Your Obligations Prior to the Pickup of Your Vehicle.  You acknowledge that, prior to the pickup of the Vehicle, you and any authorized driver are obligated to complete the online training modules regarding operation and use of the Vehicle. 

6.     Time for Return of the Vehicle.  Unless otherwise specifically agreed in writing by Blacksford, you must return the vehicle by 10:00 a.m. on the date indicated in the Agreement and you must return the vehicle immediately on demand from Blacksford. State laws generally make unauthorized possession of a vehicle a crime punishable by fines, imprisonment or both.  If you return the vehicle earlier than the agreed duration of the rental, you will still be obligated for the entire amount of the rental.  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 daily 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 before 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, a different or higher rate, as well as a service/administrative fee may apply to the extension period. 

7.     Condition of the Vehicle upon its Rental 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.

8.     Place for Return of the Vehicle.  The vehicle must be returned to the Blacksford location specified in the reservation.  If the return location indicated is other than the rental location, you may have to pay a one-way service fee.  If you return the vehicle to a location different from the agreed return location, without Blacksford’s prior permission, you agree to pay any applicable unauthorized return location fees specified by Blacksford.

9.     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 an authorized driver;

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; to tow or push anything;   

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

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

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

g)    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.

h)    in Mexico; or

i)    in violation of applicable law.

8.     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.

9.     Miscellaneous Charges.  In addition to the rental rates set forth in the Agreement, you will pay for all charges that apply to the rental for car seats and other miscellaneous services and for airport facility fees, tourism assessment fees, airport concession recovery fees, , as well as for all applicable taxes and tax-related surcharges.

10.  Late Return Additional Charges.  If the vehicle is returned less than one hour beyond the end of the designated return period, there will be no additional charge.  If the vehicle is returned between an hour and two hours beyond the end of designated return period, there will be an additional charge equal to 25% of the daily rental rate charged in the Agreement plus 25% of any charges in the Agreement for insurance, additional services or other miscellaneous charges.  If the vehicle is returned between 2 and 3 hours beyond the end of the designated return period, there will be an additional charge equal to 50% of the daily rental rate charged in the Agreement plus 50% of any charges in the Agreement for insurance, additional services or other miscellaneous charges.  If the vehicle is returned between 3 and 4 hours beyond the end of the designated return period, there will be an additional charge equal to 75% of the daily rental rate charged in the Agreement plus 75% of any charges on the Agreement for insurance, additional services or other miscellaneous charges.  If the vehicle is returned more than 4 hours beyond the end of the designated return period, there will be an additional charge equal to 100% of the daily rental rate charged in the Agreement plus 100% of any charges in the Agreement for insurance, additional services or other miscellaneous charges.

11.  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 fair market value before it was damaged and the actual sale proceeds received by Blacksford.  You may, where and to the extent permitted by applicable state law, also be liable to Blacksford for loss of use of the vehicle (measured by the number of days it takes to repair the vehicle and return it to rental condition multiplied by the applicable daily rental rate); diminished vehicle value (the difference between the fair market value of the vehicle before it was damaged and after it is repaired); towing and storage charges, and any other related costs and expenses incurred by Blacksford; plus an administrative fee as set forth in Attachment A.  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 as set forth in Attachment A. If your responsibility to Blacksford is covered by insurance, you will provide Blacksford with the name of the insurer, your policy number and contact information for the insurer and you authorize 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. 

12.  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 plus a $5.00 service fee.

13.  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. 

14.  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 of rental 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.

15.  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.

16.  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. 

19.  Supplemental Liability Insurance (SLI) & Exclusions.  Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction.  SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from Blacksford.  Blacksford has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.

20.  Personal Effects Insurance (PEI).  Additional insurance for the protection of your personal effects may be available to you if you purchase PEI as part of the rental transaction.  PEI is an insurance coverage administered and provided by an independent insurance company (and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PEI are available in the PEI brochure available on request from Blacksford.  Blacksford has no authority or power to control the terms of PEI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning PEI coverage. 

21.  Personal Accident Insurance (PAI).  Additional Personal Accident Insurance may be available to you if you purchase PAI as part of the rental transaction. PAI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the PAI brochure available on request from Blacksford.  Blacksford has no authority or power to control the terms of PAI coverage or to administer any claims under PAI and shall not be responsible or liable in any respect concerning PAI coverage.

22.  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. 

23.  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. 

24.  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.

25.  Credit Card Charge/Reserve.  You will pay at the end of the rental 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.

26.  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. 

27.  Errors in Charges/Fees.  The charges and fees shown on the return record are not final and are subject to review by Blacksford.  You will pay any undercharge (and you will receive a refund for any overcharge) Blacksford discovers on review.

28.  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.

29.  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. [Let’s talk about whether this is something that we want to include – it may be required or preferred by our insurance company]

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

31.  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.

32.  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.

34.  Roadside Assistance.  Blacksford provides roadside assistance during the entire term of your rental provided that You have complied with the terms of this Agreement.  If you are in need of roadside assistance, please contact Blacksford at 406-201-7127.

35.  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 the vehicle rental.

(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

 

 

11

Up to $200

 

 

14

Up to $50

 

 

15

Up to $75