1.)  The relationship between the parties to this contract is that of Lessor and Lessee, and Lessee is not, and shall not hold himself out to be, an agent or employee of Lessor, or in any capacity other than Lessee.  Lessee shall have no authority to represent or make commitment binding upon Lessor.  Lessee may not assign or sublet the rental vehicle. Lessor shall consist of SA American Dream Vacations LLC, its officers, employees, subcontractors, joint venture parties, suppliers, assigns and third parties utilized by American Dream Vacations.

 

2.)  Lessee acknowledges that he has carefully examined the rental vehicle and all additional equipment and furnishings and acknowledges receipt of same in good condition.  Lessee agrees to pay Lessor the value of any equipment and furnishings which are lost, stolen, destroyed or damaged during the term of this contract.  

 

3.)  Lessee agrees to maintain the rental vehicle in strict compliance with the manufacturer's suggested maintenance procedures and in accordance with Lessor's instructions given to Lessee, and to periodically examine the rental vehicle’s operating components essential to its operation, including but not limited to tires, batteries, radiator water, transmission and all other fluid levels.  Flat tires are the responsibility of Lessee.  ALL blown out tires MUST be returned to Lessor and CANNOT be left with any service shop or roadside assistance technician.

 

4.)  Normal maintenance and road repairs, including necessary oil and lubrication expenses, are provided by Lessor.  Lessor will not be liable for repairs or any damages resulting to Lessee caused by the need for repairs unless written proof that said expenditures were incurred is received, along with return of the parts which were replaced.  Failure to return replaced parts, including blown tires, will result in the Lessee being responsible for all charges relating to the breakdown.  Lessee agrees to contact Lessor by telephone at Lessor’s expense if any repairs to the rental vehicle in excess of $50.00 are required.  Lessee agrees to obtain Lessor's specific approval for the repair and understands it must be done at an authorized agency approved by Lessor and to keep record of same.  Any such authorization given shall not constitute a waiver of Lessor's right to charge Lessee for such repairs if, in the opinion of Lessor, such repairs were due to negligence, misuse or carelessness of Lessee.   

                             

5.) Lessee shall indemnify and hold harmless Lessor from any and all claims, costs and damages to the rental vehicle and related equipment, including any loss,diminution of value of use by Lessor of the vehicle, arising from the operation, maintenance and use of the vehicle during the term of this lease.  Lessee represents to Lessor that Lessee shall provide, at Lessee’s expense, compulsory liability insurance covering the tow vehicle and rental trailer, and that Lessee shall indemnify and hold harmless Lessor from any and all third party claims arising from the operation maintenance and use of the rental vehicle during the term of this lease including Lessee’s and Authorized Driver’s property.  TOWABLES ONLY: By Lessee’s initials does hereby acknowledge that Lessor does not provide any liability insurance covering the rental trailer or Lessee’s operation, maintenance and use of same.  Lessee understands that units equipped with canvas may be subject to leaks when subjected to rain and no refunds will be given in the event of a water leak.Lessee releases Lessor from loss or damage to any of Lessee’s property received, handle or stored, or was left or carried in or on the vehicle.

 

6.)  All damages caused to any rented vehicle, whether overhead damage, damage to tires and wheels, damage to step or undercarriage of vehicle, interior and exterior damage, windshield & glass damage or other damage of whatever kind or character are the responsibility of the Lessee.  For motor homes only, damage resulting from a collision with another vehicle shall be covered by Lessor’s insurance carrier, subject to Lessee’s liability as set forth on the Vehicle Out form.  Lessor assumes no responsibility for any equipment belonging to Lessee.  NO fresh fish or seafood is permitted in the refrigerator or freezer.

 

7.)  In the event of a breakdown, wherein the rental vehicle is inoperable for 24 hours or more, Lessor's responsibility shall be limited to reimbursement of rental rate for day(s) lost only.  Lessor will not be liable for any other expenses or damages as a result of a breakdown.  Failure of the drive train components ONLY will constitute a breakdown.  Failure of any other RV components will not be considered for reimbursement.  Both parties contract and agree that any legal remedy which either may elect to utilize shall be brought solely in Kendall County, Texas.

 

8.)  Lessor will maintain liability insurance coverage on the Motor Home in the amounts of $30,000/$60,000/$25,000.  Lessee shall be liable for the deductible amount for each accident.  Lessee understands and agrees that the use of the rental vehicle is confined to the continental United States and Canada.  THIS RENTAL VEHICLE CAN NOT BE TAKEN INTO MEXICO.  Lessee agrees to hold Lessor harmless and indemnify and defend against any claims, demands or liabilities whatsoever in excess of such limits.  In the event of an accident, Lessee will advise Lessor within 24 hours and submit a full written report within 72 hours. Lessees, Authorized Drivers, and Lessor reject Personal Injury Protection, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if Lessee or Authorized Drivers violate the terms of this agreement or fail to cooperate in any loss investigation conducted by Lessor or Lessor’s insurer.

 

9.)  Lessor shall not be liable for any damage to property or injury to persons (including death) resulting through the use, operation or possession of the rental vehicle and Lessee shall hold Lessor harmless from liabilities resulting from such damage or injury. Lessee & authorized drivers shall protect all passengers and public from injury and shall be responsible for any injury or property damage to passengers or public. Lessee shall indemnify and hold Lessor harmless from any and all claims, demands, suits, causes of action, damages and liability of any kind arising from the Lessee’s use, possession, operation and rental of the subject unit(s), including, but not limited to, injury or death to Lessee’s employees, agents, and third parties.

 

10.)  Lessee agrees that the rental vehicle shall be operated by a properly licensed driver and not by any person under the age of 25 or by any person while such person is under the influence of intoxicants or narcotics.  Lessee agrees that the rental vehicle will not be operated for any illegal purpose, over any rough terrain, on any coastal beach, to propel or tow any vehicle other than those pre-approved by Lessor, or in excess of the safe speed with regard to all conditions.  Lessee will be responsible for all parking, traffic violations, tolls,citations and any costs incurred as a result of same. Lessee agrees NOT to: carry dangerous or hazardous material, load vehicle beyond manufacturer capacity, transport more passengers than vehicle has seat belts, carry persons outside the passenger compartment, allow sitting, standing or lying on vehicle roofs, use vehicle in a manner that causes damage as a result of adequately secure cargo, transport children without approved child safety seats as required by local law.

 

11.)  The number of miles over which the vehicle shall have been operated pursuant to this contract shall be determined by reading the mileage recording devices attached to the rental vehicle, with which Lessee agrees not to disconnect or otherwise tamper.  Any tampering with these devices shall entitle Lessor to set an arbitrary charge equal to 500 miles per day of use.  Lessee agrees to pay Lessor $.42 per mile for any miles above those included with the rental.

 

12.)  Lessee agrees to return the rental vehicle in the same condition as when rented.  Upon departure, fuel tanks are full and must be refilled.  Holding tanks must be emptied to avoid a $40.00 charge and unit must be clean, inside and out, or a cleaning fee will be assessed.  There are no refunds on Prepaid Cleaning or Dumping.  To refill gas/diesel tanks, Lessee will be charged $8.00 per gallon plus a service fee of $25.00.

 

13.)  If Lessee has insurance covering loss or damage, Lessee shall exercise all rights available to him under said insurance, take all action necessary to process said claim and further agree to assign said claim and any and all proceeds from insurance to Lessor. 

 

14.)  Lessee agrees that no credit or refund will be given if the rental vehicle is returned prior to the expiration date of this contract and in such event, Lessee will still be required to pay all charges as if the rental vehicle were returned at such expiration date.

 

15.)  Lessee agrees to pay Lessor for any period during which the rental vehicle is held beyond the expiration time on the basis of $50.00 per hour for each hour, or any portion of an hour, the unit is overdue.  Lessee further agrees to pay, upon demand by Lessor, any rental fees lost to, or liabilities incurred by Lessor due to an unauthorized late return and/or down time of unit during repair of damage caused by Lessee. A 2% per month late payment fee, or the maximum amount allow by law, on all amounts paid after payment are due.

                                                                                                                                                                                                                                                     

16.)  In the event the rental vehicle is not returned by Lessee to American Dream Vacations, 28840 IH 10 West, Boerne, TX. Lessee agrees to pay, upon Lessor's demand, in addition to all other sums payable and all other liabilities incurred under this contract, a full day's rental charge, plus $5.00 per mile until it's recovery and return.  Lessee further understands that dropping off the rental vehicle at the agent's location, other than during normal business hours, does not constitute a return and Lessee is responsible for said rental vehicle until properly checked in by Lessor.  WARNING:  FAILURE TO PROMPTLY RETURN THE LEASED PROPERTY MAY RESULT IN A CRIMINAL PROSECUTION AS PROVIDED FOR UNDER CURRENT TEXAS LAW.  Lessee understands they are responsible for any unpaid toll charges while in possession of the vehicle.

 

17.)  In the event of a breach of any of the terms and provisions of the contract by Lessee, Lessor may, without prior demand, take possession of the rental vehicle by entry upon Lessee's premises if necessary, with or without process of law.  In the event that Lessor brings or is required to defend any legal proceeding brought pursuant to the terms of this agreement, Lessee shall be liable for reasonable attorneys fees and court costs incurred by Lessor.  It is understood and agreed that any legal remedy shall be sought in Kendall County, TX.

 

18.)  Pick up and return times are as follows:  Pick up after 2:00 p.m. and return by 11:00 a.m.  Any exceptions are as a courtesy only and are not an integral part of this contract.  ALL exceptions must be approved at least 48 hours prior to the scheduled pick up or return.

 

19.)  It is the Lessee’s responsibility to ensure that hookups and connections  at the destination are compatible with the unit being rented.  Lessor makes no representations or warranties concerning the unit’s compatibility with any RV hookups or other facilities not under its control.  Lessee is not relying on any oral representations of Lessor or its personnel.  ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.If this Rental Agreement is executed as part of, pursuant to, or in conjunction with a promotional package with an Event Holder, Lessee acknowledges and agrees that any other benefits, promises or agreements that Lessee may have with or expect from the Event Holder are solely the responsibility of that Event Holder and Lessor shall have no obligation to Lessee beyond the specific terms of this agreement. 

 

20) Lessee  takes preventive measures against the spread of the COVID-19 virus but cannot guarantee that you and/or other occupants of the vehicle will not be exposed to or contract the virus during the course of or as a result of the vehicle rental. By signing below you acknowledge the contagious nature of COVID-19 and assume all risk of exposure to and transmission of the virus. Further, you expressly agree that Lessee, it’s owners, employees, agents, and affiliates are not responsible for any exposure to or transmission of the COVID –19 virus or related illness by you or any other occupant or third party beneficiary of the rental vehicle and hereby agree to RELEASE AND HOLD HARMLESS Lessee, its owners, employees, agents, and affiliates and further agree to INDEMNIFY the same from any and all claims, losses, damages, liability and/or expense arising out of or from the exposure to and transmission of COVID-19 or any related illness. I understand and agree this RELEASE AND HOLD HARMLESS AGREEMENT is intended to waive and release any and all contractual claims as well as any claim arising from the acts, omissions, or negligence of Lessee, its owners, employees, agenents, and affiliates. Moreover, by signing below, you agree that you will immediately notify Lessee if it is determined that you or any other occupant of the rental vehicle has tested positive for COVID-19 or has had contact with a COVID-19 positive patient within 14 days of the rental period.