RV RENTAL AGREEMENT

This RV rental agreement (“Agreement”) is entered into by Hit The Hay RV Rentals, LLC (hereafter
referred to as “Company”) and the party identified as the responsible party on the Company’s online
reservation forms (hereafter referred to as “Renter”), collectively referred to herein as the “Parties” and
individually referred to as “Party.” The effective date of this Agreement shall commence on the day an
RV reservation is made by the Renter

 

RECITALS

WHEREAS, Hit The Hay RV Rentals, LLC is a limited liability company registered in the state of
California and in the business of providing recreational vehicle rentals.

 

WHEREAS, Renter wishes to rent a recreational vehicle for a predetermined period of time from
Company.

 

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties, each intending to be legally bound hereby, do promise and agree as follows:

 

AGREEMENT

 

1. RENTAL VEHICLE INFORMATION. Company, in consideration of the rental payments provided
in this Agreement shall provide the recreational vehicle (“RV”) for us by the Renter.

 

2. DURATION OF RENTAL. The rental period shall be for the period stated in the online reservation
forms Renter completed during the booking process (“Rental Period”). Should Renter determine a longer
rental period is needed, Renter must contact Company to inquire as to the availability of the RV as it
relates to obtaining extended reservation. Company makes no covenants regarding the availability of the
RV past the initial Rental Period.

 

3. TERM OF AGREEMENT. Parties acknowledge, agree, and understand that their rights and
obligations under this Agreement shall not terminate upon the expiration of the Rental Period, as issues
giving rise to claims or demands by either party may arise after the expiration of the Rental Period,
including but not limited to issues arising in relation to damage to the RV, liability concerns, and the like.

 

4. CHARGES. Renter agrees to pay Company based on the advertised rate, on demand for all charges
due Company under this Agreement, including but not limited to:
4.1 Rental Period;
4.2 Charges for optional products or services Renter elects to purchase;
4.3 
4.4 Loss of, damage to, the RV. Such charges include the cost of repair, or the actual cash value
of the RV based on valuation methods accepted by the auto insurance industry on the date of
the loss if the RV is not repairable or if Company elects to not repair the RV, plus an
administrative expense incurred in processing the insurance claim;
4.5 Cleaning costs if the RV is not received in the same condition as delivered;
4.6 Actual expenses incurred by Company if Company elects to repossess the RV under the terms
of this Agreement.

 

5. SECURITY DEPOSIT. A security deposit will be held in the amount of five-hundred dollars
($500.00) (the “Security Deposit”). The Company shall use Renter’s Security Deposit to pay any amounts
owed to it under this Agreement. If the amount of the Security Deposit is insufficient to satisfy all
amounts due, then the Renter agrees to pay all charges in excess, either by personal check or authorized
use of the credit card provided. If the amount of the Security Deposit is less than the actual amount owed
to Company at the expiration of the Rental Period, Company shall refund the remainder to Renter.

 

6. INDEMNIFICATION. Renter agrees to indemnify, defend, and hold harmless Company from all
claims, liability, costs, and attorney’s fees incurred by Company resulting from, or arising out of, the
rental of this RV and the Renter’s negligent or unlawful intentional use of the RV.

 

7. RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE. Renter is responsible
for all damage to the RV, missing equipment, and Company’s administrative expenses connected with a
damage claim while RV is under the possessory control of Renter. Renter is responsible for loss due to
theft of the RV and all damages due to vandalism that occurs in connection with a theft, if Renter fails to
exercise ordinary care while in possession of the RV. Renter is responsible for damage due to vandalism
not associated with theft of the Vehicle up to a maximum of $1000. Renter must report all incidents of theft
or vandalism to the police as soon as Renter discovers them. Renter must report all accidents involving
the RV to Company within 24 hours of occurrence.

 

8. PERSONAL PROPERTY AND INJURIES. Renter agrees to releases Company, its agents,
employees, owners, and affiliates from all claims for loss of, or damages to, Renter’s personal property,
or that of any other individual or entity, that was left or carried in the RV. Renter agrees to release
Company, its agents, employees, owners, and affiliates from all claims for injury, including, without
limitation, personal, bodily, or mental injury, economic loss or damage to Renter, guests, unborn children,
or relatives, whether or not the injury was caused by the use of the RV, Company’s negligence, or was
otherwise Company’s responsibility.

 

9. CONDITION OF VEHICLE. Company shall provide the RV in clean and operating condition.
Should the condition of the RV be deemed unsatisfactory to Renter, Renter shall notify Company
immediately upon discovery and Renter agrees to give Company a reasonable amount of time to remedy
such unsatisfactory condition. Company shall receive the RV in the same condition as delivered,
reasonable wear and tear expected.

 

10. PETS. Pets shall be allowed in the RV provided Renter paid pet cleaning fee during booking.
Failure to comply with this requirement will result in loss of the Security Deposit plus the cost of cleanup.

 

11. SMOKING. No smoking is allowed in the RV. Failure to comply with this requirement will result in
loss of the Security Deposit plus cost of cleanup and odor remediation.

 

12. RELOCATION OF RV. Company shall delivery the RV to the specified location listed in the online
reservation documents. Renter shall not relocate RV from the place of delivery. 

 

13. CANCELLATIONS AND EARLY DEPARTURES. Shall Renter need to cancel the reservation,
Renter must notify Company thirty (30) days prior to commencement of the scheduled Rental Period for a
fifty percent(50%) refund of funds received.  Shall renter provide notice of cancelation
within seven (7) days of the commencement of the scheduled Rental Period, Renter shall not be

entitled to any refund. The amount of the Funds held Company upon cancellation shall
constitute the estimated damages that Company may incur as a result of loss of business opportunity in
renting the RV to another party. There are NO REFUNDS for early departures unless the early departure
is the result of an emergency situation, as reviewed and approved by Company. Because such amount of
damages is extremely difficult to ascertain, the amount held by Company shall constitute Companies
liquidated damages amount and is in no way a penalty for cancelation.

 

14. IMPROPER OR ILLEGAL USE OF RV. Renter acknowledges that Company may repossess the
RV at Renter’s expense without notice to Renter, if the RV is abandoned or used in violation of law, RV
delivery site regulations, or this Agreement.

 

15. WAIVER. Company’s failure to enforce any of its rights under this Agreement or at law shall not be
deemed a waiver or a continuing waiver of any rights or remedies against another Party, unless such
waiver is in writing and signed by the Party to be charged.

 

16. GOVERNING LAW, VENUE, AND ARBITRATION. This Agreement shall be interpreted and
enforced according to the substantive laws of the State of California without application of its conflicts or
choice of law rules. Both Parties understand, acknowledge, and agree to submit to binding Arbitration in
the County of San Diego, State of California in the event a dispute arises under this Agreement.

 

17. SEVERABILITY. If any provision of this Agreement is determined to be invalid, void, or
unenforceable, the remaining provisions shall remain in full force and effect.

 

18. MODIFICATION. No term of this Agreement can be waived or modified unless approved in writing
by both Parties.

 

19. SECTION HEADINGS. The section headings used in this Agreement are simply used as an aid for
reference and readability. No section headings shall be interpreted to have legal meaning inconsistent
with the body of each section.

 

BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
CONTINUING TO THE BILLING PORTION OF THE ONLINE REGISTRATION, RENTER
ACKNOWLEDGES, UNDERSTANDS, AND AGREES TO THEIR RIGHTS AND
OBLIGATIONS AS PRESCRIBED UNDER THIS AGREEMENT.

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