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Terms & Conditions

K8n’s Exotic Rentals — Car Rental Agreement

Last updated October 14, 2026

BY SIGNING BELOW, YOU: AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH ON THE FACE PAGE, AND IN THE TERMS AND CONDITIONS; ACKNOWLEDGE THAT YOU HAD AN OPPORTUNITY TO READ THE AGREEMENT BEFORE SIGNING; AUTHORIZE US TO PROCESS A SEPARATE CREDIT/DEBIT CARD VOUCHER IN YOUR NAME FOR ALL CHARGES, INCLUDING TOLLS AND VIOLATIONS; AUTHORIZE US TO RELEASE YOUR BILLING/RENTAL INFORMATION TO THIRD PARTIES FOR BILLING / PROCESSING PURPOSES; AND AGREE THAT BINDING CONSIDERATION EXISTS, AS FURTHER DESCRIBED IN SECTION 2 OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms & Conditions for the Car Rental Agreement (this “Agreement”) is entered into and effective by and between K8n’s Exotic Rentals, a Florida business located in Sarasota & Palmetto, Florida (“Owner”), and you (the “Renter”) (each a “Party”, and collectively the “Parties”).

FOR MATTERS ARISING FROM THIS AGREEMENT, RENTER AUTHORIZES OWNER TO VERIFY AND/OR OBTAIN THROUGH CREDIT AGENCIES OR OTHER SOURCES RENTER’S PERSONAL, CREDIT AND/OR INSURANCE INFORMATION. THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN RENTER AND OWNER AND CANNOT BE ALTERED BY ANOTHER DOCUMENT OR ORAL AGREEMENT UNLESS AGREED TO IN WRITING AND SIGNED BY RENTER AND OWNER.

1. Definitions

For the purposes of this Agreement the following terms are specifically defined:

“Additional Authorized Driver(s)” or “AAD(s)” means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.

“Optional Accessories” means but is not limited to, optional child seats, global positioning systems, ski racks, toll transponders and/or other products accepted by Renter.

“Owner” for the purposes of this Agreement means “OWNER OF VEHICLE” shown on the top of the Rental Agreement Summary.

“Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner.

“Renter” means the person or entity identified on the Rental Agreement Summary as “RENTER”; “Vehicle” means the vehicle as listed in Section 2.1 or any replacement vehicle(s).

2. Ownership, Vehicle Condition, Renter Warranties, & Owner Warranty Exclusions

2.1. The Owner hereby agrees to rent the vehicle as described above.

2.2. The Renter agrees to return the Vehicle in its current condition, notwithstanding other provisions in this Agreement, with FUEL AT THE SAME LEVEL AS WHEN TAKEN, WITH THE SAME TYPE OF GAS.

2.3. The Renter acknowledges and agrees that the Vehicle is for use only in Florida, and cannot be taken elsewhere without prior written approval.

2.4. The Renter represents and warrants that they have a legal and valid license to drive the Vehicle, and that there are no outstanding warrants against said license or Renter.

2.5. The Renter further represents and warrants that they have insurance that will cover the operation of the Vehicle for its intended purpose, as well as comprehensive & collision insurance that applies to rental vehicles.

2.6. The Renter warrants not to smoke in the Vehicle, and that smoking (whether cigarettes or other drugs) will result in loss of any deposits paid.

2.7. The Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate, even if owned, registered or titled to a third party.

2.8. The Renter acknowledges and agrees they inspected, or had the opportunity to inspect the Vehicle before the Rental Period begins, and confirms that the Vehicle is in good and operable condition.

2.9. Renter is not an agent of Owner and has no authority to bind Owner.

2.10. Renter agrees Renter received Vehicle and any Optional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

2.11. Renter agrees not to alter or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.

3. Payment by Renter

3.1. Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day.

3.2. Renter shall pay Owner, its affiliates or agents amounts as set forth on the Rental Agreement Summary for:

The hour, day, week and month charges on the Rental Agreement Summary for the Rental Period. The “/hour” charge if shown on the Rental Agreement Summary shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Branch Address on the Rental Agreement Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.
The mileage charge per mile for all miles exceeding any free miles set forth on the Rental Agreement Summary permitted for the Rental Period.
The Optional Accessories, services and/or products charges for those items accepted by Renter.
The fuel charge at the rate shown. If based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level shown on the fuel gauge from the time Vehicle is rented to the time it is returned in addition to additional time spent refueling, as per the Owner’s estimate. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it. If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per gallon charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit for any unused fuel.
The one-way fee (for returning to a predetermined location other than the Branch Address on the Rental Agreement Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age.

3.3. The other fees and charges (none of which are taxes) including but not limited to:

a. Fuel Charge

Under this Car Rental Agreement, if the Renter does not return the Vehicle with the gas tank full of the required type of fuel, the Renter agrees to a flat-rate fuel charge (“Fuel Charge”). The Fuel Charge is calculated based on the estimated average cost of fuel during the rental period and the anticipated time and distance that the rented vehicle will be driven, as well as the time taken by the Owner team to fuel the vehicle as well.
Calculation of Fuel Charge. The Fuel Charge is calculated at the beginning of the rental period and is non-negotiable and non-refundable. The calculation is based on the vehicle’s fuel efficiency, current market price of fuel, the rental duration, and the estimated mileage of use.
Payment of Fuel Charge. The Fuel Charge is payable in advance at the beginning of the rental period, in addition to the rental fee and any other charges due under this Agreement or may be taken from the Deposit. The Renter is required to pay the Fuel Charge in full, regardless of the actual mileage driven or fuel consumed during the rental period.

b. Any charge, which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation and/or maintenance of the consolidated rental car facility, and / or transportation related facilities.

c. A vehicle cost recovery fee which is Owner’s charge to recover the estimated average per day cost incurred by the rental company to license, title, register, obtain number plates and inspect its passenger motor vehicle and to pay any taxes owed on such vehicle. The Vehicle Cost Recovery Fee is not calculated based on the costs imposed upon a particular vehicle.

3.4. Additional Obligations of Renter – Unless prohibited by law Renter shall pay Owner, its affiliates or agents:

If Renter returns the vehicle to a location other than the designated return location a vehicle recovery fee, unscheduled one-way fee or drop charge which shall be no more than the greater of: a) $300.00; b) $4 per mile between return location and original rental office; or c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.
For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs.
All fines, costs, charges and attorneys’ fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period. Renter consents to the payment of all fines, tolls and violations by Owner, its affiliates or a third party on Renter’s behalf without advance notice thereof and acknowledges that such payment may prejudice Renter’s ability to contest fines, tolls and violations with the applicable authority. Renter agrees Owner may provide Renter’s information to applicable authorities and/or third parties to process payment and/or transfer liability to the Renter for any such fines, tolls and violations. In addition, Owner, its affiliates or a third party may assess a fee of up to $25 per incident to apply towards all costs incurred in connection with any fines, tolls and violations and their administration.
A Tollpass convenience charge (“TCC”) (where available) of up to $5.00 per day of Rental Period for each day Vehicle is operated on a tollpass automatic service covered road and Vehicle operator does not pay an applicable toll. Total TCC charges will not exceed $25.00 per Rental Period. To avoid the TCC, Renter may (i) use toll-free roads and bridges, or (ii) pay tolls with cash (where applicable), which vary by toll road/bridge. RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD.
A late charge of 1.5% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.
The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.
All expenses incurred by Owner in the collection of amounts due Owner under this Agreement or in regaining possession of Vehicle or in enforcing any term or condition of this Agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.

3.5. IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT, INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT OWNER INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER. FOR A VEHICLE RENTED WITH A CASH, CHECK OR MONEY ORDER DEPOSIT, ANY EXCESS DEPOSIT WILL BE REFUNDED BY CHECK ISSUED WITHIN 15 BUSINESS DAYS OF THE END OF RENTAL PERIOD. All charges are subject to final audit by the Owner.

3.6. Security Deposit

As part of this Car Rental Agreement, the Renter shall provide a Security Deposit (“the Deposit”) to the Owner, as specified in the Agreement. This Deposit is intended to cover potential costs such as, but not limited to, damages to the vehicle, tow charges, unpaid tolls, traffic violations, or any other charges arising from the use of the rented vehicle.
Deposit Reduction During Rental Period. In the event of the occurrence of any such chargeable incident that reduces the Deposit amount during the course of the rental period (including but not limited to tow charges), the Owner reserves the right to immediately deduct the corresponding charges from the Deposit.
Mandatory Top-Up. Should the Deposit be reduced for any reason during the rental period, the Renter is required to replenish the Deposit (“Top-Up”) back to the original amount as stated in the agreement. The Renter shall make this Top-Up within 24 hours of being notified by the Owner of the need for it.
Continued Rental. The Renter must replenish the Deposit to continue the rental. Failure to replenish the Deposit within the stipulated time may lead to immediate termination of this Car Rental Agreement without any refund and may also result in additional charges for any continued unauthorized use of the vehicle, or immediate remote shutdown of the Vehicle.
Mode of Top-Up. The Renter shall Top-Up the Deposit through the same payment method used for the original Deposit unless otherwise agreed upon in writing by the Owner.
Return of Deposit. Subject to any deductions, the Deposit will be returned to the Renter as outlined in the terms and conditions of this Car Rental Agreement.

4. Limits on Use and Termination of Right to Use

4.1. Renter agrees to the following limits on use:

Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written consent.
Vehicle shall not be used for transporting persons for hire, as a school bus, or for driver training.
Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS: (i) Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where the Vehicle is rented and/or operated; and (ii) Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations.
Vehicle shall not be used for: any illegal purposes; in any illegal or reckless manner; in a race or speed contest; or to tow or push anything. The Owner implements a three-strike policy for speeding violations. Each time the Renter or any Additional Authorized Driver is caught speeding, it will be considered a strike. AFTER THE THIRD STRIKE, THE OWNER RESERVES THE RIGHT TO REPOSSESS THE VEHICLE AND RETAIN THE RENTER’S DEPOSIT.
Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.
Renter shall not remove any seats from Vehicle.
Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription.
Vehicle shall not be loaded in excess of vehicle’s gross vehicle weight rating (“GVWR”) which is, weight of Vehicle plus weight of load, as indicated on the driver side door jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.
Vehicle shall not be driven or taken outside the states authorized on the Rental Agreement Summary.
Vehicle shall not be driven on an unpaved road or off-road.
Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.
Renter shall not transfer or assign this Agreement and/or sublease Vehicle.
Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.
Renter shall not carry a passenger under the age of seven unless that passenger is restrained in a Federally approved child restraint system.
Vehicle shall not be used for testing Vehicle’s technological components or capabilities.

4.2. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Rental Agreement Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to Rental Period are at Owner’s option. The deposit will be held by the owner until a full inspection of the vehicle is conducted, which typically takes place within 24-72 hours, and any necessary deductions for damages, fines, or other charges are determined.

4.3. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.

4.4. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3.

4.5. The Renter acknowledges that minor damages, such as rim scratches and paint chips, may occur during the Rental Period. THE COST OF REPAIRING SUCH MINOR DAMAGES WILL BE DEDUCTED FROM THE RENTER’S DEPOSIT AS PER THE PRICING PROVIDED BY THE OWNER.

5. Roadside Assistance

For roadside assistance, contact K8n’s Exotic Rentals at (727) 710-8555 and you will be connected to a third party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter. RENTER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH ROADSIDE ASSISTANCE, INCLUDING COSTS FOR TOWING, WHICH OWNER SHALL HAVE THE AUTHORITY TO DRAW FROM ANY APPLICABLE SECURITY DEPOSITS.

6. Accidents

Damage to, loss or theft of the vehicle must be immediately reported in writing to the office where the Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where the Vehicle was rented every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. Vehicle may be equipped with an event data recorder or similar device for the purpose of recording data about the operation of the Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR.

7. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs

Except to the extent restricted, modified, or limited by State law, Renter accepts responsibility for damage to, loss, modification or theft of Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is stolen and not recovered or Owner determines the Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. For purposes of this Agreement, fair market value shall be the retail value of Optional Accessories immediately preceding the loss. Damages for which Renter is also responsible include but are not limited to: loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 4, multiplied by the daily rate on the Rental Agreement Summary including any Car Class Change), claim administrative fees ($50 if the repair estimate is less than $500, $100 if between $500 and $1499, and $150 if greater than $1500), diminishment of value (10% of the repair estimate if the damages are greater than $499), towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay any taxes, fees and other mandatory charges imposed by states, counties and other governmental and/or airport authorities. If Vehicle is returned during non-business hours or to any place other than the Return Location on the Agreement, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting the Vehicle is the Renter’s responsibility.

8. Responsibility to Third Parties

Owner complies with applicable motor vehicle financial responsibility laws as an insured, a state certified self-insurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law, Owner does not extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties through this Agreement. If valid automobile liability insurance or self-insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self-insurance satisfies the applicable state motor vehicle financial responsibility law, then Owner extends none of its motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement and if Owner is obligated to extend its motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s obligation is limited to the applicable state minimum financial responsibility amounts. Unless required by law, Owner’s financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Owner’s financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract.

9. Indemnification by Renter

Renter shall defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner for all such losses.

10. Personal Injury Protection and Uninsured/Underinsured Motorist Protection

Except as required by law, Owner or its affiliate do not provide personal injury protection, no fault benefits or medical payment coverage (collectively “PIP”) or uninsured/underinsured motorist protection (“UM” or “UIM”) through this Agreement. If Owner or its affiliate is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law.

11. Personal Property

Owner is not responsible for any damage to, loss or theft of Renter’s personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property, data or records from Vehicle.

12. Third Party Proceeds

If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Agreement; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy. In such event, the flat fee might exceed or be less than: the normal “/day” charges as calculated under this Agreement; or their party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.

13. Power of Attorney

Renter hereby grants and appoints to Owner a limited power of attorney:

to present insurance claims of any type to Renter’s insurance carrier and/or credit card company if: (i) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or (ii) Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.
to endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.

14. Severability

If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.

15. Limitation of Remedy/No Consequential Damages

15.1. If Owner breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s)’ sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle.

15.2. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). Renter further acknowledges that any personal data or information downloaded or transferred to the Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

16. Telematics Notice and Release

16.1. The vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System). Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or notice.

16.2. Renter acknowledges that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter.

16.3. Unless prohibited by law, Renter authorizes any person’s use or disclosure of or access to (i.) location information, (ii.) automatic crash notification to any person for use in the operation of an automatic crash notification system, (iii) disable Vehicle and (iv.) operational condition, mileage, diagnostic and performance reporting of Vehicle. Renter shall inform any and all AAD(s) and passengers of the terms of this section and that Renter has authorized use, disclosure or access as provided for herein.

16.4. Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Renter, an AAD(s) and passengers) or property caused by failure of the telematics system to operate properly or otherwise arising from the use of the Telematics System by Renter, an AAD or Owner.

16.5. Use of the Telematics System is subject to the terms and conditions and privacy statement (“Telematics Terms”) posted by the applicable Telematics System provider and/or vehicle manufacturer. Third-party service providers are not agents, employees, or contractors of Owner.

17. Headings

The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this Agreement and do not in any way limit, modify or amplify the terms and conditions of this Agreement.

18. Release of Information to Third Parties

Renter agrees Owner may, and Renter expressly authorizes Owner, to provide information in Owner’s possession about Renter and AAD(s), including but not limited to such driver’s name, address, cellular/mobile and other phone numbers, driver’s license and/or credit/debit card information to applicable authorities or other third parties, in connection with this Agreement including, without limitation, providing Renter’s personal data to third parties which conduct services on Owner’s behalf (such as consumer satisfaction surveys) and consent to Owner or Owner’s representatives contacting Renter.

19. Electronic Signatures and Legal Notices

19.1. Parties agree that any signature or other electronic symbol or process attached to or associated with this Agreement with the intent to sign, authenticate or accept the terms of this Agreement will have the same legal validity and enforceability as a manually executed wet signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, and the Parties hereby waive any objection to the contrary.

19.2. Parties consent to providing and receiving notices under this Agreement electronically and understand that this consent has the same legal effect as a physical signature. Parties may deliver notifications regarding activity and alerts electronically through Parties’ emails, set forth below, or to any subsequent address designated by either Party, on notice to the other Party pursuant hereto, to receive information under this Agreement.

20. Choice of Law

All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of the State of Florida without giving effect to the conflict of laws provisions of such State.

21. Dispute Resolution

21.1. Any disputes, controversies, or differences arising out of or in connection with this contract, including any question regarding its existence, validity, or termination (“Disputes”), shall be resolved as follows:

First, by mutual negotiation between the Parties’ senior representatives. In the event of a Party notifying the other of a Dispute, each Party shall designate a senior representative, and the representatives shall meet, whether physically or virtually, to attempt to resolve the Dispute in good faith.
In the event mutual negotiation fails to resolve a Dispute within thirty (30) calendar days of the Dispute first arising, either Party may refer the dispute for resolution by mediation in Sarasota County, Florida, administered by the American Arbitration Association in accordance with its mediation rules for the time being in force (the “Mediation Rules”) by a single mediator appointed in accordance with the Mediation Rules.
In the event mediation fails to resolve a Dispute within sixty (60) calendar days of the Parties’ first meeting with a duly appointed mediator to attempt to resolve the Dispute, either Party may finally resolve the Dispute by arbitration administered by the American Arbitration Association in accordance with the arbitration rules of the American Arbitration Association (“Arbitration Rules”) for the time being in force. The seat of the arbitration shall be Sarasota County, Florida. The tribunal shall consist of a single arbitrator. The language of the arbitration shall be English.

21.2. Parties agree that services shall not be suspended pending the resolution of disputes. In the event of any Disputes relating to payments under this Agreement, the Renter shall continue to pay undisputed amounts and may withhold only any disputed portion that is the subject of any ongoing dispute.

21.3. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Agreement under this Section 21 and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

22. Clutch and Transmission

Renter asserts they have received the vehicle with the clutch and transmission in good working condition. In the event there is any damage to the clutch or transmission, Renter agrees to pay K8N’S EXOTIC RENTALS for any and all costs incurred as a result of damages. Renter also agrees to pay for such damages via their cash deposit or via the credit card on file with K8N’S EXOTIC RENTALS. Renter acknowledges that damage to the clutch and/or transmission may not be apparent at the time the vehicle is returned due to the high temperature of the engine. Renter agrees to be notified of any damage incurred to the clutch or transmission after the vehicle has been returned.

23. Loss of Use / Diminished Value

Renter agrees to reimburse Owner for loss revenues for the inability of K8N’S EXOTIC RENTALS to rent the Vehicle due the default of the Renter or any damage caused by the Renter. Loss revenue shall be calculated as the daily rental rate of the vehicle times the number of days the vehicle is out of use, due the fault of the Renter. The diminished value of the vehicle due to the fault of the Renter shall be calculated and added to the final settlement value. If Renter’s insurance provider denies coverage of vehicle for any reason, the Renter can be held liable for three times the amount of the vehicle’s market value.

24. Indemnity of K8n’s Exotic Rentals by Renter

Neither K8N’S EXOTIC RENTALS nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including, without limitation, any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, consequential or otherwise arising from the rental by the Renter of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of K8N’S EXOTIC RENTALS to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or delict, including negligence or gross negligence or otherwise which may be suffered by the Renter and/or any third party and/or passenger. K8N’S EXOTIC RENTALS, its directors, officers, employees, servants or agents are accordingly indemnified by the Renter or his/her estate against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against them arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.

25. Procedure in the Event of an Accident Involving the Vehicle

If at any time the vehicle is involved in an incident, damaged, Act of God, stolen and/or lost the Renter shall take every reasonable precaution to safeguard the interest of K8N’S EXOTIC RENTALS including but without being limited to, the following where appropriate, as failure to adhere to the latter will result in the Renter being liable for the Full and/or Total Loss:

The Renter shall notify K8N’S EXOTIC RENTALS immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence complete and furnish to K8N’S EXOTIC RENTALS its standard claim form together with a copy of his/her Driver’s License;
The Renter shall obtain the name(s) and addresses of everyone involved and of witnesses;
The Renter shall not admit or claim responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability;
The Renter shall report all incidents and/or theft and/or damage regardless of the value or nature to the police within 24 hours after its occurrence and the Renter shall furnish to K8N’S EXOTIC RENTALS a reference, case or docket number;
The Renter shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances and will retain possession of the keys at all times;
The Renter shall co-operate with K8N’S EXOTIC RENTALS and its insurer in any investigation, the making or instituting of any claim or action and the defense of any prosecution, claim or action relating to any accident, theft or damage.

26. Assignment of Insurance Benefits

Renter hereby assigns any and all insurance rights, benefits, proceeds, and any causes of action under any applicable insurance policies to K8N’S EXOTIC RENTALS, for services rendered, to be rendered or losses sustained by the Company. In this regard, Renter waives his/her privacy rights. Renter makes this assignment in consideration of the K8N’S EXOTIC RENTALS agreement to perform services and supply the rental vehicle and otherwise perform its obligations under this contract. Renter also hereby directs his/her insurance carrier(s) to release any and all information requested by K8N’S EXOTIC RENTALS, its representative, and/or its Attorney for the direct purpose of obtaining actual benefits to be paid by Renter’s insurance carrier(s) for services rendered or to be rendered or losses sustained to the rental vehicle. Renter hereby grants K8N’S EXOTIC RENTALS irrevocable power-of-attorney and express permission to endorse Renter’s name on any and all checks received from an insurance company on Renter’s behalf for services provided by K8N’S EXOTIC RENTALS or losses sustained by K8N’S EXOTIC RENTALS. Renter agrees that any portion of services, deductibles, depreciation, loss of use, diminished value or additional losses requested by the Renter, not covered by Insurance, must be paid by the Renter. Renter also hereby authorizes and unequivocally instructs direct payment of any benefits or proceeds to K8N’S EXOTIC RENTALS.

27. Odometer Tampering

In determining the rental charges, the distance traveled by the vehicle shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by K8N’S EXOTIC RENTALS in its sole and absolute discretion, or any other fair and reasonable basis and the Renter shall be obliged to furnish all such information and assistance as K8N’S EXOTIC RENTALS may reasonably require for that purpose. If the odometer has been tampered with, then the miles travelled will be deemed to be 500 miles per day. The Renter shall also be liable for all fines, penalties and like expenses, including but not limited to parking, traffic and other offences, arising out of or concerning the use of the vehicle during the Rental Period and the Renter accordingly indemnifies K8N’S EXOTIC RENTALS against all such liability. The Renter shall also be liable for all attorney and client costs incurred by K8N’S EXOTIC RENTALS in instructing its attorneys to recover such outstanding expenses not paid by the Renter. All charges are subject to an 18% service/processing fee.

Extension of Rental Agreement — Terms and Applicable Fees

This document serves as an extension of the original rental agreement between K8n’s Exotic Rentals (“Company”) and the undersigned Renter (“Renter”). By signing this document, the Renter acknowledges and agrees to the following rental terms and associated fees, which are an integral part of the rental agreement.

Late Returns: A late return fee of $50.00 per hour will be charged for any vehicle returned past the scheduled time.
Late Extension Payments: If an extension is approved but payment is not made on time, a fee of $50.00 per hour will be applied until payment is received.
Early Returns: No refunds or credits will be issued for unused rental time if the vehicle is returned earlier than the scheduled return date.
Improper Return Location: Vehicles returned to a location other than the agreed-upon return address will incur a fee starting at $100.00 for every 25 miles beyond the designated return location.
Excess Mileage: A mileage overage fee of $1.00 to $3.00 per mile will be applied, depending on the vehicle’s make and model.
Fuel Level Discrepancy: If the vehicle is returned with less fuel than it had at the start of the rental, a fee of $25.00 per quarter tank will be deducted from the Renter’s security deposit.
Smoking Policy: Any indication of smoking, including odors or residue, will result in full forfeiture of the security deposit.
Rim Damage: Rim damage will result in a fee ranging from $200.00 to $400.00 per rim, based on the vehicle’s make and model.
Unpaid Fees: Any applicable fees not paid at the time of return will be deducted from the Renter’s security deposit.

Contact Us

If you have any questions about these Terms & Conditions, please contact us:

K8n’s Exotic Rentals
Sarasota & Palmetto, Florida
Email: k8nstransport@gmail.com
Phone: (727) 710-8555