Las Vegas Choppers/Rental Agreement Terms and Conditions
1. Definitions. "Agreement" means all terms and conditions found on both sides of this form. "You" or "your" means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means Las Vegas Choppers. "Authorized Driver" means: the renter; the renter’s spouse; the renter’s employer or coworker if engaged in business activity with the renter; and, any additional driver listed by us on this Agreement, provided each such preceding person has a valid driver's license and is at least age 25. Only Authorized Drivers are permitted to drive the Motorcycle. "Motorcycle" means the vehicle identified in this Agreement and any motorcycle we substitute for it, and all its tires, tools, accessories, equipment, keys and Motorcycle documents. "Loss of use" means the loss of our ability to use the Motorcycle for any reason due to damage to it or loss of it during this rental; loss of use is calculated by multiplying the number of days from the date the Motorcycle is damaged or lost until it is replaced or repaired, times the daily rental rate.
2. Rental, Indemnity and Warranties. This is a contract for rental of the Motorcycle. We may repossess the Motorcycle at your expense without notice to you, if the Motorcycle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Motorcycle. We make no warranties, express, implied or apparent, regarding the Motorcycle, no warranty of merchantability and no warranty that the Motorcycle is fit for a particular purpose.
3. Condition and Return of Motorcycle. You must return the Motorcycle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Motorcycle is returned after closing hours, you remain responsible for the safety of and any damage to, the Motorcycle until we inspect it at our next opening for business. Service to the Motorcycle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Insurance Acknowledgement. Insurance coverage is required by Las Vegas Choppers. All renters and passengers of motorcycles from Las Vegas Choppers are required to obtain insurance covering personal and/or property damage that may occur during the rental. This acknowledgement serves to confirm that Las Vegas Choppers has advised the renter that insurance coverage is required in order to rent a motorcycle from Las Vegas Choppers. The cost of this Insurance coverage is $50 .00 and must be paid for at the time of your motorcycle rental. Despite the existence of this coverage the Renter has been advised that they are solely and exclusively responsible for the first $2,500 in personal and/or property damages caused during their rental, regardless of whether they were directly responsible for said damages. This “$2,500 Deductible” is due and payable to Las Vegas Choppers immediately upon notification from them that these damages have occurred as a result of their rental. ________ I have purchased Insurance through Las Vegas Choppers and understand that I am responsible for the first $2,500 in personal and/or property damages that may occur during my rental of the motorcycle rented to me by them.
5. Responsibility for Damage or Loss; Reporting to Las Vegas Choppers. Pursuant to the Insurance Acknowledgement form you are responsible for the first $2,500 for all physical and mechanical damage to, or loss or theft of, the Motorcycle, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. These damages may include the cost of repair, or the actual cash retail value of the Motorcycle on the date of the loss if the Motorcycle is not repairable or if we elect not to repair the Motorcycle, towing and storage charges we incur, loss of use as permitted by Nevada Revised Statutes, sections 482.3154 and 482.31535, and our administrative expenses incurred processing the claim as permitted by Nevada Revised Statutes, sections 482.3154 and 482.31535. You must report all accidents or incidents of theft and vandalism to us as soon as you discover them. You must summon Las Vegas Choppers to any accident involving personal injury or property damage.
6. Prohibited Uses. The following acts are prohibited: (a) operation of the Motorcycle by anyone who is not an Authorized Driver; (b) operation of the Motorcycle by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) operation of the Motorcycle by anyone who obtained the Motorcycle or extended the rental period by giving us false, fraudulent or misleading information; (d) operation of the Motorcycle in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation ; (e) operation of the Motorcycle to carry persons or property for hire or to push or tow anything, or to participate in any race, speed test or contest; (f) using the Motorcycle to teach anyone to drive; (g) carrying dangerous or hazardous items or illegal material in or on the Motorcycle; (h) use of the Motorcycle outside the State of Nevada; (i) driving the Motorcycle on unpaved roads; (j) transporting more persons than the Motorcycle has seats; (k) transporting persons under the age of eighteen (18); (l) operation of the Motorcycle after the odometer has been tampered with or disconnected; (m) driving the Motorcycle when its fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Motorcycle; (n) your willful, wanton or reckless acts that damage the Motorcycle; and, (o) transporting an animal on the Motorcycle.
7. Injury or Damage to Others; Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Motorcycle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. Giving the Motorcycle to an unauthorized driver terminates our liability insurance coverage, if any.
8. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Motorcycle, or a mileage charge based on our experience if the odometer is tampered with; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel and a reasonable refueling fee if you return the Motorcycle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, and other expenses involving the Motorcycle assessed against us or the Motorcycle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such charge; (g) all expenses we incur in locating and recovering the Motorcycle if you fail to return it or if we elect to repossess the Motorcycle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $250 to clean the Motorcycle if returned substantially less clean than when rented; (l)Roadside Assistance (rider at fault) - $100 + parts/supplies / (rider no fault) – no charge; (m) if you do not cancel your rental/reservation within 72 hours of the reservation pick-up date, regardless of the reason. Refunds will not be given if the chopper you reserved has sold, for mechanical failures, acts of nature, or if you “just don’t like the bike” or any other reason stated in this agreement.
9. Breach of Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Motorcycle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
11. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. 1) REMEMBER TO PUT YOUR KICKSTAND UP BEFORE MOVING AND DOWN BEFORE PARKING. 2) USE YOUR KEY TO TURN THE MOTORCYCLE ON AND OFF (NOT THE RUN SWITCH). 3) DO NOT ALLOW PASSENGERS TO SIT ON A RUNNING MOTORCYCLE OR WHILE IN NEUTRAL RUNNING OR NOT. 4) DO NOT OPERATE MOTORCYCLE IN HIGH TRAFFIC WHEN TEMPERATURES ARE 100 DEGREES OR HOTTER. 5) NO “OFF ROADING” - KEEP MOTORCYCLE ON PAVED CITY STREETS AND IN PAVED APPROVED PARKING AREAS AT ALL TIMES. 6) ABSOLUTELY NO “BURN OUTS” OR “POWER BRAKING” 7) 100 MILE RADIUS – YOU MUST KEEP THIS MOTORCYCLE WITHIN 100 MILES OF LAS VEGAS, NV 89118. LAS VEGAS CHOPPERS WILL NOT SERVICE YOU IN ANY WAY FOR ANY REASON IF OUTSIDE A 100 MILE RADIUS.
**FOR YOUR SAFETY, ALL CHOPPERS ARE EQUIPPED WITH A TRACKING DEVICE**
