1) Vehicle Rental

(a) You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing and remains in good standing as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way. We reserve the right to deny rentals based upon information about your license status, authenticity of the credential, or driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license or any other reliable source in the business of validating an identity or the driver’s license credential. We reserve the right to periodically validate your driving credentials. Except where otherwise specifically authorized by applicable law, only you, or, if you rent from us under your employer’s corporate account agreement, may drive the car. There may be a charge for each additional driver authorized to drive the car, which will be specified on the rental document.

(b) You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. You may not return the car outside of the return location’s operating hours. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car.

(c) We maintain a non-smoking fleet, including e-cigarettes. Smoking of all kinds is prohibited in the vehicles.

(d) We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: it is found illegally parked, being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the card you used to rent the car.

(e) If the car is lost or damaged, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. you will pay the greater of the car’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sale proceeds. Depreciated book value may be higher than retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires and antenna, as part of your rental charges at the time of return. If the car 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”).

(f) A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT AND EFFECTS INSURANCES, EXTENDED ROADSIDE ASSISTANCE, EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this paragraph if:

(g) You are to return the car with a full tank of gas.

(h) You’ll pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of the Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.

(i) We are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage.

(j) I understand the responsibility and potential physical and mental injuries of any kind that I may suffer during the operation of the motor vehicle, including, without limitation, all physical and mental injuries, any physical or mental sicknesses, bodily trauma, hypothermia, and death, any one or more of which may occur during the course of my operation of the motor vehicle, whether or not resulting from the negligent actions or omissions of the Company, its employees, representatives or agents.

I acknowledge that I have had sufficient time and opportunity to thoroughly review the entirety of this Release and Waiver of Liability, understand its contents and agree to each and every representation that I have made herein, and all of its terms.

I agree that this Agreement will be governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada.

I agree that the invalidity or unenforceability of any provision of this Release and Waiver of Liability or any part thereof, shall not affect the validity or enforceability of the remainder of this Release and Waiver of Liability or such provision.

In view of the entirety of this Release and Waiver of Liability, I hereby agree that I, my assignees, heirs, successors, agents, guardians and legal representatives will not make a claim against the Company, or any of its employees, agents and representatives for any injuries, damages and death, howsoever caused, that we or our nurses or staff may sustain in connection with my participation in the rental, operation and use of the Vehicles.

I hereby forever release the Company, its employees, agents and representatives from all actions, demands, claims and liability of any kind whatsoever that we or our nurses or staff, our assignees, heirs, successors, agents, guardians and legal representatives now have or may hereafter have for any injury, damages and death, howsoever caused, that I may sustain in connection with the rental, operation and use of the Vehicles, as may be the case.