Terms

Rental Terms and Conditions

The Agreement encompasses the Rental Terms and Conditions and all pages of this form, any documents you've signed or consented to electronically, such as agreements sent via email or the rental charge records. It binds you and EL8, Inc., including any affiliates operating under the EL8, Inc. brand or as independent EL8, Inc. System Licensees. “We”, “our”, and “us” means EL8, Inc, and “you”, “your” and “Renter” means the person who signs the Agreement. When you rent a Vehicle from EL8, Inc., you agree to abide by these Rental Terms and Conditions, unless prohibited by the applicable law in your area, which takes precedence. Failure to comply with these terms constitutes a breach of the Agreement. In such cases, we reserve the right to take actions like terminating the current rental, refusing future agreements, and/or asserting claims against you for any damages, loss of income, or administration fees we incur due to your breach, waiving any purchased insurance coverage. Your signature signifies your understanding and acceptance of the terms outlined in this Rental Agreement, including the Rental Agreement Summary and Rental Agreement Jacket, even if there are subsequent changes. You acknowledge that only EL8, Inc. and you are parties to this Agreement, irrespective of any third-party involvement in reservations, payments, or negotiations. You also authorize us to verify your personal, credit, and insurance information related to this Agreement. This Agreement constitutes the entire understanding between you and us and may only be modified by a written agreement signed by both parties.

1. Definitions:

The term "Agreement" encompasses all Rental Terms and Conditions contained within this form, spanning the first page and any subsequent pages, including any amendments, appendices, additional rental materials, and documents you have signed or consented to electronically, such as agreements sent via email, along with all rental charge records.

All individuals referenced as "you" or "“your" are collectively and individually bound by this Agreement. "We," "our," or "us" refers to EL8, Inc. An "Authorized Driver" includes the renter and the renter's spouse, provided they are at least 21 years old. Additionally, any additional driver listed by us on this Agreement must hold a valid driver's license. The term "Vehicle" encompasses the motor vehicle identified in this Agreement and any substituted Vehicle, along with all associated tires, tools, accessories, equipment, keys, and vehicle documents.

2. Rental. Indemnity and Warranties:

This Agreement is a contract for Vehicle. You agree to indemnify us, defend us, and hold us harmless from and against all

claims, liability, costs, and attorney fees we incur or arising out of this rental. We make no warranties, express implied, or apparent, regarding the Vehicle, no warranty of merchantability warranty that the Vehicle is fit for a particular purpose.

You agree not to alter the Vehicle or any Optional Equipment. If you or an Authorized Driver determine the Vehicle or any Optional Equipment is unsafe, you or the Authorized Driver shall stop operating the vehicle or Optional Equipment and notify us immediately

The price you are provided on your Face Page is only for the specific rental period on the Face Page. If you return your Vehicle early or late your price is subject to change. To the extent permitted by law, we may terminate this Agreement and repossess the Vehicle at your expense without notice to you, if you breach this Agreement or if the Vehicle is abandoned or used in violation of law or this Agreement.

3. Telematics Notice and Consent:

You recognize that the Vehicle may be outfitted with telematics technology, encompassing GPS, electronic locator, and event data recording systems. We retain the right to locate, monitor, or deactivate the Vehicle using these systems when necessary and permissible by law. Remote monitoring entails collecting Vehicle data such as location, mileage, fuel status, tire pressure, and diagnostics. Although privacy cannot be ensured due to data transmission via cellular, wireless, Bluetooth, or radio signals, you grant authorization for lawful use, disclosure, or access to location and operational details. You commit to informing all occupants of these conditions and consenting to information release accordingly. Moreover, you absolve us of liability for any losses resulting from telematics device malfunctions. Third-party telematics service providers operate independently, and your utilization of their services is subject to their respective terms and privacy policies. Furthermore, should you link your device to the Vehicle's Infotainment System, you acknowledge the potential storage of your information, although EL8 refrains from accessing, collecting, or utilizing such data.

4. Condition and Return of Vehicle:

You must return the Vehicle to our rental office, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. If the Vehicle is returned to any other location or left somewhere other than the office or location identified by us, you remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it. In addition, you authorize us to charge your credit or debit card a service fee plus any additional costs and administrative fees incurred by us in the return of the Vehicle. You must lock the Vehicle at all times when you are not operating it, and return the Vehicle with at least the same amount of fuel as when rented, unless we offer and you purchase a pre-paid fuel service. No refund or credit shall be issued if you return the Vehicle with a greater amount of fuel than when you received it. If the Vehicle is returned after closing hours, you remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it upon our next opening for business.

Warning: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.”

5. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Fees; Responsibility for Optional Equipment:

You are responsible for all damage to, and for loss or theft of, the Vehicle including damage caused by collision, weather, road conditions and acts of nature, even if you are not at fault, if someone else caused it or the cause of the damage is unknown. This includes damage caused by the optional use or misuse of autonomous features on the Vehicle. You are responsible for loss due to theft of the Vehicle and all damage due to vandalism that occurs. You agree you will follow all of the manufacturer’s instructions when using autonomous features and that you will use them at your own risk. It is your responsibility to inspect the Vehicle for damage before leaving our facility. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use (without regard to fleet utilization), Diminished Value, and our administrative expenses incurred processing a claim. You are responsible for all charges for towing, storage, and impound fees. You are also responsible for missing equipment. You must report all accidents and incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking citations, toll fees, fines for toll evasion, and other fees, fines and penalties assessed against you, us, or the Vehicle during this rental. If you fail to pay any of these charges and we pay any part of them, you will reimburse us for all such charges and, in addition, pay us an administrative fee of $45 for each such charge.

Permitting a person who is not an Authorized Driver to use the Vehicle is a willful and reckless act, and is a breach of this Agreement.

The undercarriage, roof, tires, windshield, windows, interior, Key or Key fob damage or loss and side mirrors are not covered by any type of damage waiver. CDW won’t cover a vehicle loss (stolen vehicle) and vandalism. Collision Damage Waiver only covers the damages to the rented vehicle except what is excluded and minus your deductible. CDW will not protect and will be Voided if you commit any of the acts listed in paragraph 7 on Rental Agreement and in case of breach of this contract. CDW is NOT an insurance and it’s optional to purchase. the damage waiver may be duplicative of coverage that the you maintain under your own policy of motor vehicle insurance.

6. Optional Equipment:

Upon request and subject to availability, we offer certain Optional Equipment, including but not limited to, Child Seats and Global Positioning Devices, for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. Optional Equipment is not part of the car. You are responsible for any loss or damage to any Optional Equipment regardless of the cause, even if you have accepted CDW. You should review the operational instructions for all Optional Equipment before leaving the rental location. If you rent a Child Seat from us, you have the sole responsibility to inspect and properly install the seat yourself. We make no warranties, express, implied or apparent, regarding the Child Seat or any other Optional Equipment, no warranty of merchantability, and no warranty that the Child Seat or any other Optional Equipment is fit for a particular purpose. You are responsible for all injury or damage arising out of, or related to your use of the Child Seat, or any other Optional Equipment. If you choose to rent a Global Positioning Device (“GPS”) from us, you are responsible for returning it in the same condition as when rented with all accessories provided, including the carrying case, the car charger, the windshield mount, and, in states where provided, the console beanbag mount (“GPS Accessories”). If the GPS or GPS Accessories are lost or damaged so as to, in our sole opinion, require repair or replacement, you will pay us the fair market value for its repair or replacement.

7. Breach of Agreement:

"The acts listed here are prohibited uses of the Rental Vehicle. Any loss or damage that (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle issued in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h) occurs outside the geographic limitations indicated on the reverse; (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (l) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the Vehicle's fluid levels are low, or It is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (o) results from inadequately secured cargo; (p) where applicable, Is caused by anyone who lacks experience operating a manual transmission; (q) is a result of your willful, wanton or reckless act or misconduct; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; breach this Agreement. Prohibited use of the Vehicle violates this agreement, voids all liability and other insurance coverage (where permitted by law), makes Vehicle subject to immediate recovery by EL8, and makes you responsible for all loss of or damage to or connected with the Vehicle, regardless of the cause, including but not limited to EL8’s expenses, including loss of use." 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.

CDW (Collision Damage Waiver) is not insurance, is optional, and may duplicate other coverage that you have. If you purchase CDW, we waive your responsibility for the portion of damage to the Vehicle that is stated on the Face Page.

We will not waive your responsibility, even though you purchased CDW , if you gave us false, fraudulent or misleading information prior to the rental or during the rental, and we would not have rented the Vehicle to you or extended the rental period, if we were given true information; or if you fail to notify us and the police of an accident, theft or vandalism involving the Vehicle, or if damage to or loss of the Vehicle is the result of a prohibited use of the vehicle mentioned before or breach of the agreement.

8.Insurance:

You are responsible for all damage or loss you cause to others. You agree to provide primary auto liability, collision, and comprehensive insurance covering you, us, and the Vehicle. If you do not have liability insurance, or if state law requires us to have liability insurance, we will provide an auto liability insurance policy (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 vehicular financial responsibility laws of the state where the damage or loss occurs. 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 breach the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance if any. If a liability loss occurs, this Agreement shall be construed according to the laws of the jurisdiction in which the loss occurred.

9. Charges:

You are obligated to pay us promptly for all charges specified in this Agreement that are permitted by law, including but not limited to: (a) fees based on the duration and mileage of your Vehicle rental, or a mileage charge determined by our records if the odometer is tampered with or disconnected; (b) fees for additional drivers; (c) charges for optional products you chose to purchase; (d) refueling costs if the Vehicle is returned with less fuel; (e) applicable taxes, surcharges, or other government-imposed fees that apply to the transaction; (f) expenses related to loss of or damage to the Vehicle, including repair costs or the retail value if the Vehicle cannot be repaired, plus administrative fees within limits set by California Civil Code Section 1936; (g) fines, penalties, towing, storage, and impound charges incurred during your rental, unless caused by us; (h) expenses for Vehicle retrieval if you fail to return it or if repossession is necessary under the Agreement; (i) costs, including legal fees, incurred in collecting payment or enforcing our rights; (j) a 2% late payment fee (or maximum allowable by law); (k) 1.5% monthly interest or the maximum allowed by California law for overdue amounts; (l) up to $400 to clean the Vehicle if returned substantially less clean than when rented or if there is evidence of smoking or vaping in our Vehicle; (m) $70 plus $5 per mile for return or abandonment costs, plus any additional recovery expenses; and (n) towing, impound, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your Rental Day charges.

8. Deposit.

We may use your deposit to pay any amounts owed to us under this Agreement. The deposit amount does not limit in any way the total amount owed to use under this Agreement.

9. Your Property.

You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

This includes digital data or information from any mobile device that you link to any telematics device or system in the Vehicle. The Vehicle may be equipped with an infotainment system that permits you to pair your own mobile devices, and which may download your personal contacts, communications, location or other digital data. If you pair your device during the rental, you should unpair it and wipe all personal information from the Vehicle’s systems before returning it.

10. Modifications.

No term of this Agreement can be waived or modified except by a writing signed by one of our expressly authorized representatives. EL8 counter representatives are not authorized to waive or change any term of this Agreement. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment from us by 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 reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.