This Rental Agreement is made between GD Vacation Rentals, LLC company and the renter.

RECITALS

WHEREAS, the Owner owns and rents out Jeep Wranglers for temporary use in St. Croix;

WHEREAS, the Renter desires to rent a Jeep Wrangler from the Owner for personal or business use;

WHEREAS, the parties wish to set forth their respective rights and obligations to ensure safe and responsible use of the rental vehicle;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

TERMS AND CONDITIONS

Article 1: Rental Period

1.1 Extension of Rental Period:
Any extension of the Rental Period must be requested by the Renter and approved by the Owner in writing at least 24 hours prior to the scheduled Termination Date. If the Renter fails to return the vehicle at the specified Termination Date and time without prior written approval, the Renter shall be deemed to be in breach of this Agreement and may incur additional charges as determined by the Owner.

1.2 Late Return:
The Renter acknowledges that any failure to return the vehicle at the conclusion of the Rental Period, as defined herein, may result in penalties, including but not limited to late fees, additional rental charges, and any legal costs incurred by the Owner in reclaiming possession of the vehicle.

Article 2: Vehicle Condition and Use

2.1 Acknowledgment of Condition:
The Renter acknowledges and accepts that the vehicle is being delivered in a safe, operable, and clean condition, free from visible damage or defects, except as may be noted on the Vehicle Inspection Report completed and signed by both parties at the time of delivery. The Renter agrees to return the vehicle in the same condition as received, subject only to reasonable wear and tear as defined by applicable law. The renter agrees to fill up the gas tank before returning the vehicle to the same level as it was when picked up. If the renter fails to do so, renter may incur additional charges for refuel. 

2.2 Prohibited Use:
The Renter agrees that the vehicle shall not be used for any unlawful purposes, nor shall it be operated:
a. By any person other than the Renter or authorized drivers expressly approved in writing by the Owner.
b. In violation of any traffic laws, safety regulations, or ordinances applicable within the jurisdiction of use.
c. For off-road driving, racing, towing, or any other activity outside the ordinary use of a passenger vehicle unless explicitly permitted in writing by the Owner.

2.3 Instructions for Operation and Care:
The Renter covenants and agrees to strictly adhere to all instructions and guidelines provided by the Owner concerning the operation, maintenance, and care of the vehicle. These instructions may include, but are not limited to:
a. Compliance with scheduled maintenance checks during the Rental Period, as specified by the Owner.
b. Use of appropriate fuel and fluids, as indicated in the vehicle’s manual or as otherwise directed by the Owner.
c. Immediate reporting to the Owner of any mechanical issues, damage, or incidents occurring during the Rental Period.

2.4 Liability for Non-Compliance:
The Renter accepts full responsibility for any damage to the vehicle, property damage, or personal injury resulting from the Renter’s failure to comply with the terms set forth in this section. Such failure shall constitute a material breach of this Agreement, entitling the Owner to pursue all available legal remedies, including but not limited to compensation for damages, recovery of the vehicle, and termination of this Agreement without refund.

Article 3: Renter Responsibility

3.1 Scope of Responsibility:
The Renter shall assume full and unequivocal responsibility for all consequences arising from their use or possession of the vehicle during the Rental Period, including but not limited to:
a. Vehicle Damage: Any and all physical, mechanical, or cosmetic damages to the vehicle, regardless of fault, occurring during the Rental Period.
b. Property Damage: Damages to third-party property caused by the operation or use of the vehicle.
c. Personal Injury and Medical Costs: Medical expenses, restitution, legal liabilities, or compensatory damages resulting from incidents involving the vehicle.

3.2 Indemnification and Hold Harmless:
The Renter agrees to indemnify, defend, and hold the Owner harmless from and against any and all claims, actions, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorney’s fees) arising from:
a. The use, operation, or possession of the vehicle by the Renter or any authorized or unauthorized operator.
b. Any violation of laws, ordinances, or regulations while the vehicle is in the Renter’s possession.
c. Any injury, loss, or damage suffered by third parties caused by or related to the Renter’s operation of the vehicle.

3.3 Assumption of Risk:
The Renter acknowledges and agrees that the use of the vehicle is at their own risk. The Owner shall not be liable for any incidental, consequential, or punitive damages resulting from the Renter’s use of the vehicle.

Article 4: Insurance

4.1 Proof of Insurance:
The Renter shall, prior to taking possession of the vehicle, provide the Owner with proof of valid and adequate automobile insurance coverage that includes:
a. Collision Coverage: Insurance sufficient to cover damages to the vehicle caused by collision, theft, or other perils.
b. Liability Coverage: Insurance sufficient to cover property damage and bodily injury caused to third parties during the Rental Period.

4.2 Minimum Coverage Requirements:
The Renter’s insurance policy must meet or exceed the minimum coverage levels required under the laws of the jurisdiction where the vehicle will be operated.

4.3 Personal Liability for Insufficient Coverage:
In the event that the Renter’s insurance coverage is determined to be insufficient, invalid, or unenforceable for any reason, the Renter agrees to assume personal liability for all costs, damages, and losses incurred, including but not limited to:
a. Repair or replacement costs for damages to the vehicle.
b. Payment for property damage and medical expenses of third parties.
c. Any legal or administrative costs incurred by the Owner in recovering damages.

4.4 Additional Insurance Requirements:
At the Owner’s sole discretion, the Renter may be required to purchase supplemental insurance coverage or enter into a separate indemnity agreement as a condition of this Agreement.

Article 5: Limitation of Liability

5.1 No Owner Liability for Injuries or Losses:
The Renter expressly agrees that the Owner, including its officers, employees, agents, affiliates, and representatives, shall not be liable for any injuries, losses, or damages, whether direct or indirect, sustained by the Renter, authorized drivers, passengers, or third parties during the Rental Period.

5.2 Exclusion of Indirect and Consequential Damages:
The Owner shall not be liable for any incidental, consequential, punitive, or exemplary damages arising from or related to:
a. The operation, use, or possession of the vehicle.
b. Delays or interruptions in the Renter’s travel plans or business activities caused by mechanical failure, accidents, or other circumstances beyond the Owner’s control.

5.3 Assumption of Risk by Renter:
The Renter acknowledges that they are fully aware of the risks associated with operating the vehicle and voluntarily assume all such risks, including, but not limited to, risks of accidents, mechanical failure, and personal injury.

Article 6: Indemnification

6.1 Indemnity Obligation:
The Renter agrees to indemnify, defend, and hold harmless the Owner, its officers, employees, agents, affiliates, and successors from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to:
a. The Renter’s use, operation, or possession of the vehicle, whether authorized or unauthorized.
b. Any breach of this Agreement by the Renter or any authorized driver.
c. Any negligence, recklessness, or intentional misconduct by the Renter or any authorized driver.

6.2 Scope of Indemnification:
This indemnification obligation shall extend to claims asserted by third parties, including but not limited to:
a. Claims for property damage or personal injury caused by the vehicle.
b. Claims resulting from the Renter’s violation of any applicable laws, ordinances, or regulations.

6.3 Survival of Indemnity:
The indemnification provisions contained in this Article shall survive the expiration or termination of this Agreement.

Article 7: Prohibited Uses

7.1 Prohibited Activities:
The Renter agrees that the vehicle shall not be used for any of the following purposes:
a. Illegal Activities: Engaging in any unlawful acts, including but not limited to the transportation of illegal goods, substances, or contraband.
b. Unauthorized Driving Conditions: Operating the vehicle in hazardous conditions, including racing, towing, or off-road driving, unless explicitly authorized in writing by the Owner.
c. Unpermitted Drivers: Permitting any person other than the Renter or individuals expressly listed as authorized drivers in this Agreement to operate the vehicle.

7.2 Consequences of Unauthorized Use:
In the event of any prohibited use of the vehicle, as outlined above:
a. The Renter shall be deemed to be in material breach of this Agreement, and the Owner may terminate this Agreement immediately without refund.
b. The Renter shall be fully liable for any damages, losses, or liabilities incurred as a result of such unauthorized use.

7.3 Reporting Unauthorized Use:
The Owner reserves the right to report any unauthorized use of the vehicle to law enforcement authorities and pursue all legal remedies available, including repossession of the vehicle

Article 8: Governing Law

8.1 Applicable Law:
This Agreement, including its interpretation, enforcement, and any disputes arising hereunder, shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to its principles of conflicts of law.

8.2 Jurisdiction and Venue:
Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts, and the parties irrevocably submit to the jurisdiction of such courts.

Article 9: No Legal Recourse Against the Owner

9.1 Waiver of Claims:
The Renter expressly waives and relinquishes any and all rights to initiate legal proceedings or pursue claims, lawsuits, or demands against the Owner, its affiliates, officers, employees, or agents for any damages, injuries, liabilities, or losses arising out of or related to:
a. The use, operation, or possession of the vehicle.
b. The performance or non-performance of the Owner’s obligations under this Agreement.

9.2 Limitation of Remedies:
The Renter acknowledges and agrees that their sole and exclusive remedy for any dissatisfaction with the vehicle or this Agreement shall be limited to the remedies expressly provided herein, if any.

9.3 No Third-Party Beneficiary Claims:
This Agreement does not and shall not be construed to create any rights or remedies enforceable by any person or entity other than the Owner and the Renter.

Article 10: Entire Agreement

10.1 Merger Clause:
This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, representations, or understandings, whether written or oral.

10.2 Amendments:
No amendment, modification, or supplement to this Agreement shall be binding unless made in writing and executed by both parties.

10.3 No Reliance on External Representations:
The Renter acknowledges that they have not relied on any representations, warranties, or statements, whether oral or written, not explicitly set forth in this Agreement.

Article 11: Severability

11.1 Severability of Provisions:
If any provision or clause of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it enforceable, and if such modification is not possible, it shall be deemed severed from this Agreement.

11.2 Preservation of Remaining Provisions:
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect.

11.3 Reformation:
The parties agree that any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the original intent of the parties.