This Car Rental Agreement is entered into between E.C.Fennell, Inc. ("Owner") and _____ ("Renter") (collectively the "Parties") and outlines the respective rights and obligations of the Parties relating to the rental of a car.
1. IDENTIFICATION OF THE RENTAL VEHICLE (To be completed by HR)
Owner hereby agrees to rent to Renter a passenger vehicle identified as follows:
(hereinafter referred to as "Rental Vehicle").
2. RENTAL TERM
The term of this Car Rental Agreement runs from the date and hour of vehicle pickup as indicated just above the signature line at the bottom of this agreement until the return of the vehicle to Owner, and completion of all terms of this agreement by both Parties. The estimated rental term is as follows:
The Parties may shorten or extend the estimate term of rental by mutual consent.
3. SCOPE OF USE
Renter will use the Rented Vehicle only for business use, and operate the Rented Vehicle only on properly maintained roads and parking lots. Renter will comply with all applicable laws relating to holding of licensure to operate the vehicle, and pertaining to operation of motor vehicles. Renter will not sublease the Rental Vehicle or use it as a vehicle for hire.
Renter(s) are not allowed to:
-
Smoke inside of a company car.
-
Lease, sell or lend a company car.
-
Violate distracted driving laws by using a phone or texting while driving.
-
Use a company car to teach someone how to drive.
-
Driving while intoxicated, driving under the influence
-
Leave the company car unlocked, unattended or parked in dangerous areas.
-
Allow unauthorized people to drive a company car, unless an emergency mandates it.
Driver's Obligations
-
We expect employees who drive company vehicles to follow rules. They should:
-
Drive safe and sober.
-
Respect traffic laws and fellow drivers
-
If applicable, wear glasses or contacts when driving.
-
Document any driving-related expenses, like fuel and tolls.
-
Check their car regularly to ensure gas, tire pressure and all car fluids are at appropriate levels.
-
Report any damages or problems with their assigned cars to HR as soon as possible.
-
Avoid double-parking blocking entrances and engaging in other traffic violations that may result in fines.
-
Return vehicle with full tank of gas.
If employees have their driver's licenses suspended or revoked, they must inform our HR department.
Employees who are fatigued and/or sick should avoid driving if they feel their driving ability is impaired. If sickness occurs during a business trip that requires the use of a company car, employees should take regular breaks while driving or ask HR for overnight accommodations, if needed.
Accidents
If employees are involved in an accident with a company car, they should contact our HR department immediately, so we can get in touch with our insurance provider. Employees shouldn't accept responsibility or guarantee to another party in an accident without company authorization.
Employees should follow legal guidelines for exchanging information with other drivers and call local police if accidents are serious.
We are not responsible for:
-
Paying fines employees accumulate while driving company cars that they are responsible for (e.g. for driving too fast.)
-
Bailing out employees arrested while driving company cars.
Renter will not allow any other person to operate the Rented Vehicle unless identified here:
7. INSURANCE
Renter must provide to Owner with proof of insurance that would cover damage that occurs during any non-work activities. If the Rental Vehicle is damaged or destroyed while it is in the possession of Renter during non-related activities Renter's insurance company will cover all charges.
8. INDEMNIFICATION
Renter agrees to indemnify, defend, and hold harmless the Owner for any loss, damage, or legal actions against owner as a result of Renter's operation or use of the Rented Vehicle during non-work related activities during the term of this Car Rental Agreement. This includes any attorney fees incurred for these purposes. Renter will also pay for any parking tickets, moving violations, or other citations received while in possession of the Rented Vehicle.
9. REPRESENTATIONS AND WARRENTIES
Owner represents and warrants that to Owner's knowledge, the Rented Vehicle is in good condition and is safe for ordinary operation of the vehicle. Renter represents and warrants that Renter is legally entitled to operate a motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner.
Renter has been given an opportunity to examine the Rented Vehicle in advance of taking possession of it, and upon such inspection, is not aware of any damage existing on the vehicle other than that notated by separate Existing Damage document.
10. JURISDICTION AND VENUE
In the event of any dispute over this agreement, this Car Rental Agreement will be interpreted by the laws of the State of FLORIDA and any lawsuit or arbitration must be brought in the PALM BEACH COUNTY of the State of FLORIDA. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
11. ENTIRE AGREEMENT
This Car Rental Agreement constitutes the entire agreement between the Parties with respect to this rental agreement. No modification to this agreement can be made unless in writing signed by both Parties. Any notice required to be given to the other party will be made to the contact information below.
