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BORROWED VEHICLE AGREEMENT Please print this form, fill it out, and fax or mail it to: For more info call Hamilton Cove Real Estate at: Made this ________ day of _______________, _____ by and between Hamilton Cove Real Estate (hereinafter designated as "Agent'), the authorized rental agent for the owner of the Vehicle (hereinafter "Owner"), and ___________________________ hereinafter designated as "Borrower." Borrower's designated Arrival Date is: ____________________. Borrower's designated Departure Date is: ________________ Villa # __________ For and in consideration of the loan of that certain vehicle (more specifically hereinafter described) by Agent on behalf of Owner to Borrower, it is mutually agreed as follows: (1) The subject Vehicle is a Golf Cart for villa #___________, hereinafter the Vehicle. Borrower agrees that at any time, Agent may substitute a similar Vehicle if Agent deems necessary or appropriate to do so without notice or consent. The rights and obligations of the parties to this Agreement shall remain unaltered by any such substitution. (2) Borrower has been informed and understands that Agent is the authorized rental agent for Owner and that Agent is NOT responsible for inspection, safety, maintenance, and/or repairs of said Vehicle and Agent does NOT warrant and/or guarantee the mechanical condition and/or safety of the Vehicle. (3) Borrower agrees that he/she will examine and inspect the Vehicle within one hour of check-in on the above-noted Arrival Date. Borrower agrees that he/she will report in detail any problems and/or concerns with the Vehicle within one hour of check-in on the above-noted Arrival Date. Borrower agrees, unless having informed Agent within one hour of check-in on the Arrival Date to the contrary, that he/she has examined and inspected the Vehicle that it is in first class mechanical and over-all condition. (4) Borrower has been informed by Agent that the Vehicle has a maximum occupancy of four (4) persons (including children). Borrower agrees to NOT exceed the maximum occupancy of the Vehicle at any time. Borrower has also been informed that the Vehicle does NOT have safety belts and does NOT have child safety seats. Borrower uses the Vehicle in this condition at his/her own risk and agrees to advise passengers to do the same. Borrower has been informed that it is dangerous to leave children unattended in the Vehicle at any time and agrees that children in the Vehicle will be accompanied and supervised by an adult at all times. (5) Borrower agrees that he/she will NOT cause or allow the subject Vehicle to be loaned, rented, or driven by any person other than Borrower or a person who has signed a Borrowed Vehicle Agreement and been approved by Agent. Borrower further agrees that the Vehicle shall NOT be driven beyond the paved streets and roadways designated for public Vehicle use in the City of Avalon and in the Hamilton Cove complex. (6) Borrower has been informed and agrees that if the Vehicle becomes inoperable through no fault of the Borrower, Agent will take reasonable steps to have the Vehicle repaired. Agent does NOT guarantee the ability to have the Vehicle repaired and does NOT guarantee the Borrower the use of a substitute Vehicle. Inability of Agent to provide Borrower with a substitute Vehicle shall NOT entitle Borrower to any monetary compensation or refund of Hamilton Cove Villa Rental fees. (7) Borrower agrees that while this Agreement is in force he/she will preserve and protect the subject Vehicle from loss and/or damage. Borrower agrees to be liable for all costs of repairs to the Vehicle that is not directly caused by Owner and/or Agent. Borrower assures Agent that Borrower has confirmed that his own automobile insurance coverage will provide for payment of loss in the event of any accident and will submit proof of such coverage with this agreement. Borrower agrees that he/she will take no action during the duration of this Agreement that could or would reduce, cancel and/or terminate the Borrower's insurance coverage. (8) Borrower has been informed that use of the Vehicle is subject to all Federal, State and Local laws, ordinances and regulations pertaining to the operation and handling of motor vehicles. Borrower agrees that he/she will NOT use said Vehicle, cause or permit the same to be used, in any manner whatsoever in violation or contravention of any Federal, State and Local laws, ordinance or regulation. (9) Borrower agrees that in the event of any accident involving the Vehicle he/she will, within one (1) hour following such accident, furnish to Agent a full and complete report thereof, and will report such accident to the Department of Motor Vehicles of the State of California within the time and in the manner prescribed under the provision of the Vehicle Code of this State, or, in the event of loss or destruction of said Vehicle or any of its accessories or of loss of possession thereof or inability to return same to Agent on demand for any reason, whatsoever, Borrower will pay Agent the market value of the Vehicle and reasonable market value for loss of accessories unless otherwise specified in writing signed by all parties. (10) Borrower agrees that all expenses incident to the maintenance of the subject Vehicle which are caused by and/or related to Borrower's use of the Vehicle shall be borne solely by Borrower, and Borrower further expressly agrees to hold harmless and indemnify Agent and Owner against all claims and demand arising or resulting from Borrowers use, storage and/or repairs of and to the subject Vehicle during the period of this Agreement including, but NOT limited to, gasoline, towing charges, mechanics liens and parking tickets. Borrower agrees that prior to check-out on Departure Date Borrower shall inform Agent of and reimburse agent for any and all possible unpaid costs, fines, expenses, incurred by Borrower's use of Vehicle. Borrower shall not be responsible for maintenance and/or repair costs which were not caused directly by Borrower. (11) Borrower covenants and agrees with the Agent and Owner that he/she will forever hold harmless and indemnify said Agent and Owner from any and all claims, demands, causes of action, attorneys fees and expenses of any nature arising or alleged to arise from the use, operation, maintenance and ownership of the subject Vehicle while this Agreement remains in force and effect, and to reimburse Agent and Owner for any loss or damage during said period. Borrower agrees to pay to Agent and/or Owner upon demand any and all reasonable sums expended by it for attorney fees and court costs in the event Agent and/or Owner files any action to recover possession of, the value of, and/or the cost of repairing said Vehicle; or in the event Agent and/or Owner employs an attorney to defend it in any sanction filed by Borrower, or anyone claiming for personal injuries, or property damage, arising out of the use of the subject Vehicle while in the actual or constructive possession of Borrower. (12) The Borrower is required to return the Vehicle with a full tank of gasoline by 11:00 a.m. on the designated Departure Date. Borrower will be charged a $50.00 refueling charge if Borrower fails to refuel the Vehicle with a complete tank of gasoline prior to returning the Vehicle. Borrower shall return the Vehicle to its designated parking space and (if provided) cover with the canvas Vehicle Cover. Borrower waives any claim which may hereafter arise for any and all damage he/she may hereafter sustain by reason of any action, civil or criminal, which Agent and/or Owner or their agents may take in connection with the Borrower's use and/or retention of the Vehicle in the event of Borrower's failure to return said Vehicle to Agent as specified in this paragraph. (13) Borrower agrees that he will, at his sole risk and expense, maintain Bodily Injury and Property Damage Liability Insurance covering the use of Vehicle during the time it is in his/her possession and until it is returned to the Agent. Agent and Owner shall NOT be required to carry or provide Bodily Injury or Property Damage Liability Insurance during said period of time. (14) Borrower agrees that the use of the Vehicle is complimentary and is NOT included in the price of the Hamilton Cove Villa rental. Borrower agrees this privilege can be revoked without notice and/or warning by Agent, in his sole discretion, for any violation of this Agreement. Borrower agrees that such revocation by Agent shall NOT entitle Borrower to any refund and may subject Borrower to loss of Borrower's security deposit and/or additional damages, fines, costs, etc. (15) Borrower represents that he is at least 25 years of age and is currently has a valid license to operate a motor vehicle. Borrower agrees to notify Agent immediately if, for any reason, Borrower's license to operate a motor vehicle is suspended or revoked for any period of the time covered by this Agreement. Borrower represents the following information to be true and correct: Borrower�s Full Name (please print)_______________________________________ Borrower's Driver's License Number _______________ State: _______ Expiration Date: ___________ Borrower's Insurance Company: _________________________________ Borrower's Insurance Policy No.: _________________ Expiration Date of Insurance Policy: ____________________ Insurance Agent's Name and telephone Number:___________________________________________ (16) Borrower agrees that this Agreement is entered into in the State of California, County of Los Angeles and any disputes arising therefrom shall be interpreted and governed by California law. Borrower agrees to submit to the jurisdiction of the State of California, and the venue of the County of Los Angeles for any litigation, arbitration and/or mediation regarding this Agreement. (17) It is further expressly agreed by and between the Parties hereto that the foregoing constitutes the sole Agreement between the parties covering the loan of the subject Vehicle by Dealer to Borrower. Any changes and/or amendments to the terms of this Agreement must be in writing and signed by both parties. Date: ______________ Borrower ____________________________________________ Date: _______________ Agent: ______________________________________________ For our (HCRE) signature Reservation Number_________________
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