RENTAL AGREEMENT

I agree to rent from you the Motorcycle listed above, and I agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case said law controls.

1.MY REPRESENTATIONS:

I represent to you that (a) I am at least 25 years of age and in sound medical condition, (b) I possess a valid drivers license that qualifies me to operate a motorcycle in my permanent state or country of residence, (c) I will not operate the Motorcycle unless wearing a DOT certified helmet, and (d) I am not under the influence of an alcoholic beverage or controlled substance including prescription or nonprescription medication which could impair my ability to operate the Motorcycle safely.

2.OWNERSHIP AND USE:

You are the owner of the Motorcycle, and neither I nor anyone else will acquire any interest in the Motorcycle by reason of this Agreement. I will not operate or transport the Motorcycle outside the continental United States. I will comply with all laws, ordinances and government regulations relating to use and operation of the Motorcycle. It is my responsibility to know the laws, ordinances, and government regulations. I will check the Motorcycle engine oil level each time I refuel. I will report any mechanical failures to you immediately. I will not service or repair the Motorcycle, or replace any part or accessory without your prior approval, or such actions are at my risk and expense. I will keep the Motorcycle locked while unattended. In case of an accident involving the Motorcycle I will call 911 and notify the police and you immediately. If I am involved in an accident I understand the Motorcycle will not be replaced, and this Agreement will automatically be terminated without refund, unless a traffic citation has been issued to the driver of another vehicle or to a person other than me naming such individual as the cause of such accident.

3.RENTAL CHARGES:

I will pay for the length of time I rent the Motorcycle at the rate shown above. The minimum charge is four hours. I am primarily liable for all charges arising from the terms and conditions of this Agreement

4.OTHER CHARGES:

I agree to pay you all of the following charges that may come due; (a) all fines, penalties, forfeitures, court costs and other expenses (including without limitation recovery of expenses for parking, traffic and violations, including storage liens and charges), that may be assessed against you but which are due by reason of my care, custody, control, possession, operation, or use of the Motorcycle; (b) your costs, including reasonable attorneys fees and court costs through trial and appeals, paralegal fees incurred in collection of any and all charges due from me to you pursuant to this Agreement; (c) unless the vehicle is stolen or destroyed, if I do not return the Motorcycle to you on the date and time specified above, I will pay an overtime charge of $50 per hour or part thereof; (d) if I am in default under this Agreement you may retain the Security Deposit and other funds paid by me to you, and I will be liable for any and all additional damages to you.

5.FUEL SERVICE CHARGE:

I will pay a fuel service charge if I return the Motorcycle with less fuel than when rented. I acknowledge that the fuel service charge is not a retail sale of fuel. Current fuel service charge is $4.99 per gallon.

6.RETURN OF THE MOTORCYCLE:

I will return the Motorcycle on the date and time indicated above, in the same condition as when received, ordinary wear and tear from proper use excepted. I will return the Motorcycle sooner upon your demand. Any Motorcycle not returned within four hours of the return time specified above will be reported to the police as stolen. I waive all claims against you for any consequences ensuing from you making such report. Failure to return the Motorcycle may constitute a felony punishable by law.

7.WARRANTIES:

I UNDERSTAND THAT EXCEPT FOR THE ABOVE DESCRIPTION FOR THE MOTORCYCLE, YOU HAVE NOT MADE, DO NOT MAKE, AND DISCLAIM ANY REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE MOTORCYCLE, INCLUDING BUT NOT LIMITED TO ITS DESIGN, CAPACITY, CONDITION OR FITNESS FOR USE OR FOR ANY PURPOSE.

8.WAIVER OF LIABILITY:

I RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD YOU AND EACH OF YOUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, LEGAL PROCEEDINGS, PENALTIES, FINES, OR OTHER SANCTIONS THAT MAY ACCRUE AGAINST ANY RELEASED PARTY EITHER DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE RENTAL OR OPERATION OF THE MOTORCYCLE BY ME OR ANY OTHER PERSON. THIS WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY INJURY, DAMAGE OR LOSS TO MY PERSON OR PROPERTY WHICH MAY BE CAUSED BY ANY ACT, OR FAILURE TO ACT, OF ANY RELEASED PARTY, OR SUSTAINED BY ME BEFORE, DURING OR AFTER THE RENTAL. THIS WAIVER AND RELEASE DOES NOT RELEASE YOU FROM ANY LIABILITY THAT IS CAUSED BY YOUR INTENTIONAL MISCONDUCT OR FROM ANY OTHER LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED BY ME UNDER APPLICABLE LAW.

THIS WAIVER AND RELEASE IS IN ADDITION TO, AND IS NOT INTENDED TO LIMIT IN ANY MANNER, THE MOTORCYCLE RENTAL RELEASE OF LIABILITY EXECUTED BY ME ALONG WITH THIS AGREEMENT. IN THE EVENT THAT THE TERMS OF THIS WAIVER AND THE MOTORCYCLE RENTAL RELEASE OF LIABILITY CONFLICT IN ANY MANNER, THE TERMS THE MOTORCYCLE RENTAL RELEASE OF LIABILITY WILL GOVERN.

9.DAMAGE - LOSS OF MOTORCYCLE:

If the Motorcycle is stolen or damaged irrespective of my negligence or intentional misconduct, I will pay to you (a) its retail fair market value before theft or damage, unless your repair cost plus the reduction of the Motorcycles value after repairs is less and you are not required by law to salvage the Motorcycle, in which case I will pay the latter amount; (b) loss of use based on reasonable downtime, or as specified by law (except for theft, where the motorcycle is not covered), (c) Diminution of value, loss of use, and administrative fees, and (d) all towing and storage charges, all of which are referred to herein as “the Loss”. If I believe my responsibility for the Loss is covered by my own insurance or my charge card issuer I will provide you my insurer and policy number or card issuer and its insurer. I authorize you to collect the Loss directly from the insurer. I also authorize you to collect the Loss directly from a third party responsible for the Loss. You will refund any sum you collect in excess of the Loss.

I AGREE THAT YOU WILL NOT BE LIABLE TO ME FOR ANY LOSS, CONSEQUENTIAL OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING IN CONNECTION WITH, THE MOTORCYCLE, ITS USE, OR OPERATION OR FAILURE TO OPERATE, MAINTENANCE OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE MOTORCYCLE.

10.PROHIBITED USES:

I will not use or permit the Motorcycle to be used (a) by any person other than me; (b) to carry passengers or property for hire; (c) to tow, or to be towed; (d) to be operated on an unpaved road; (e) to be operated in a race or contest; (f) to instruct an unlicensed person in the operation of the Motorcycle; (g) to be operated by any person who is prohibited by law from operating a motor vehicle; (h) while under the influence of alcohol or any controlled substance, or a prescription or nonprescription drug which could impair my ability to operate the Motorcycle; (i) for an illegal purpose, including transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates this Agreement and makes me liable to you for all fines, forfeitures, liens and recovery and storage costs, including all related legal expenses.

11.LIABILITY INSURANCE:

Anyone operating the Motorcycle as permitted by this agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the operator and/or the Renter up to the minimum financial responsibility limits required by applicable law. The limit for bodily injury sustained by one person includes any claim for loss for that persons consortium or services. Where the law extends coverage to a non-permitted operator the same limits will apply. Otherwise, such coverage is provided according to the terms, and subject to all the conditions and exclusions, of a standard Motorcycle liability policy, including all requirements as to notice and cooperation on my part, which are made a part of this agreement. You can provide coverage under a certificate of self-insurance or insurance policy, or both, as you choose. In any case, a copy of the policy and/or certificate will be available for my inspection at your main office. I understand that unless required by applicable law, you will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to, or death of myself, while not an operator, or any member of my family or operators family; (c) defense against any claim after applicable limits of coverage that you furnish have been tendered, or (d) supplementary no fault, non-compulsory uninsured, underinsured motorist coverage, and any other optional or rejectable coverage, and you and I reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law the limits will be the minimum required under applicable law. If I am charged with a criminal offense, including but not limited to driving under the influence of alcohol or a controlled substance while renting the Motorcycle, or if the Motorcycle is used to transport contraband or for illegal trade, or if the Motorcycle is damaged while it is being operated by anyone under 25 years of age or not properly licensed, or if I fail to furnish you with a police report from the scene of any accident involving the Motorcycle or its theft, or if I fail to maintain all fluid levels or fail to use the specified fuel, or otherwise fail to comply with the terms and conditions of this Agreement, I will not be covered by your liability insurance and I will be liable to you and all third parties for any and all claims and damages. I understand that passengers are not covered for personal injury under your liability insurance and therefore ride at their own risk. I acknowledge responsibility for any passengers I carry on the Motorcycle.

THE FOREGOING COVERAGE PROVIDED BY YOU WILL BE EXCESS OVER ANY APPLICABLE INSURANCE AVAILABLE TO ME OR ANY OTHER OPERATOR, FROM ANY OTHER SOURCE, WHETHER PRIMARY, EXCESS, SECONDARY OR CONTINGENT IN ANY WAY.

12.INDEMNIFICATION:

I agree to indemnify you for any Loss, liability, Diminution of value, loss of use, administrative fees, and expense that you incur arising out of (a) my use of the Motorcycle (but only to the extent such Loss, liability and expense exceeds the greater of your statutory liability as an owner, if any, or the limits of any liability insurance that you furnish to me) or (b) any breach of any representation, warranty, covenant, agreement or obligation made by me in this Agreement, the Motorcycle Rental Release of Liability, the Loss Damage Waiver, or the Acknowledgments and Assumption of Risk.

13.CHARGE CARD:

I have been informed that my credit, up to an amount of the estimated total charges due under this Agreement, based on my representation about this Rental, may be set aside or reserved by the charge card issuer whose card I present in payment of my bill. I consent to the reservation or setting aside of that amount. My signature hereon authorizes you to charge the charge card specified above for any and all charges arising from the terms and conditions of this Agreement.

14.NO ASSIGNMENT:

I WILL NOT SELL, TRANSFER, ASSIGN OR SUBLEASE ANY OF MY INTEREST IN THIS AGREEMENT OR THE MOTORCYCLE AND ANY SUCH ATTEMPTED SALE, ASSIGNMENT TRANSFER OR SUBLEASE IS VOID AND OF NO EFFECT.

15.MISCELLANEOUS:

(a) the section headings are inserted in this Agreement for convenience of reference and will not affect the meaning or interpretation of this Agreement, (b) any provision of this Agreement that is unenforceable in whole or in part in any jurisdiction will, as to such jurisdiction, be ineffective only to the extent of such unenforceability without invalidating any other provision of this Agreement. (c) the validity and interpretation of this Agreement will be governed in all respects by the laws of the state in which this Agreement is signed, without giving effect to such states conflicts of laws provisions. (d) Any change in this Agreement or your rights must be in writing and signed by your authorized representative. (e) This Agreement, the Motorcycle Rental Release of Liability, the Loss Damage Waiver, and the Acknowledgments and Assumption of Risk constitute the entire agreement between you and me.

16.PERSONAL INFORMATION:

I understand that the personal information I have disclosed in this Agreement will be collected and stored by you and your affiliates for the purposes of supplying a record of my rental. By signing this Agreement I authorize you to process my information and disclose it to your affiliates, and I also authorize you to use my personal information for various purposes, including direct marketing activities. I understand that I have the right to stop the processing of my personal information by sending you a written request to that effect.