FORMULA CAR RENTAL AGREEMENT
WHEREAS, ________________________________________________________, hereinafter known as “Lessee” desires to lease from Rent-a-Racecar.net, LLC, ENTER ADDRESS HERE, hereinafter known as “Lessor”, a Formula Race Car, and WHEREAS, the parties hereto desire to establish in writing the terms and conditions under which Lessee will lease said car. NOW, THEREFORE, in consideration of the foregoing the parties hereto agree as follows:
1. Lessee will lease from the Lessor a Formula race car for the following dates (“Event”): ______________________________________________________________________ ______________________________________________________
2. Lessee agrees to pay the sum of ____________ for the Event (“Rental Fee”). Additionally, Lessee agrees to post a $1,500 damage deposit pursuant to Paragraph 5 below. A deposit of $500 will secure the car for the Event. The balance, including Rental Fee and damage deposit, will be paid in full prior to the car entering the competition course. The Rental Fee is a flat fee for providing the car. No portion will be returned due to the Lessee’s inability to continue. If the car is damaged in the event and is unable to continue, the full Rental Fee plus any damages is retained by Rent-a-Racecar.net, LLC. If the car is unable to continue due to the fault of Renta- Racecar.net, LLC. or a mechanical failure, the remaining portion of the Rental Fee for the use of the car will be returned on a pro-rated basis.
3. In consideration of the lease stated herein the Lessor agrees to provide a Formula Race Car which passes required event technical inspection.
4. Lessee shall be responsible for all required credentials, entry fees, test day fees, fuel, protective clothing and helmet, travel expenses, food & lodging expenses, and any other personal expenses.
5. Lessee agrees to be responsible for the payment of any and all damage to the car, including, but not limited to engine and body work caused as a result of the use of said car. Lessee agrees to be held liable for damage to the car and for damage to any trackside property caused as a result of a driving error by the Lessee. If the car is damaged by the driving error of other driver(s) or vehicle(s) on the course, the Lessee remains liable for all damage to the car even if the Lessee may have no fault in the incident. Lessee shall be responsible for damage to the car’s engine as a result of failing to monitor the gauges. All repairs shall be made by Rent-a- Racecar.net, LLC, at the expense of the Lessee. Parts will be charged at cost and labor will be charged at a rate of $65 per hour. Lessee agrees that damages will first be deducted from the damage deposit referenced in Paragraph 2. Lessee agrees that sums due in accordance with this paragraph over the $1,500 damage deposit shall be paid within ten (10) days of the presentation of an itemized bill. Late payments will be charged at an eighteen percent (18%) annual rate on the unpaid balance, from the due date.
6. Lessee agrees to indemnify, save and hold harmless the Lessor from any and all claims, actions, proceedings, and liabilities arising out of the use and maintenance of the car. By signing this agreement Lessee confirms that all members of the Lessee’s family have been notified of the intentions to drive a car on a racetrack or in a competition event. The Lessee or the Estate of the Lessee shall indemnify the Lessor from any claims from anyone as a result of this agreement.
7. As a result of the purposes for which the parties hereto have entered into this agreement, the provisions hereto are personal to Lessee and Lessor. Therefore, neither party shall assign his interest in this agreement.
8. In the event that it becomes necessary for the Lessor to enforce any of the provisions of this agreement, the Lessee shall be responsible for the payment of all costs and fees, including legal fees, incurred in the prosecution of said action if the Lessor is the successful litigant.
9. The Lessor has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the car, except that the car was in “track worthy” condition prior to the commencement of the rental period and that the said car will pass the events required technical inspection prior to the commencement of the event. The Lessor will not be liable to Lessee for any liability, loss, or damage caused or alleged to be caused directly or indirectly by the car, by any inadequacy thereof, or defect therein, or by any incident in connection therewith.
10. Lessee shall make no alterations to the car without the express consent of the Lessor during the lease period.
11. This document contains the entire agreement between the parties and any modification hereof shall be in writing and executed by both parties.
12. Due to the extreme stresses of racing, there is no warranty expressed or implied, on any products or services sold or leased from Rent-a-Racecar.net, LLC.
13. This agreement shall be interpreted in accordance with the internal laws of the State of Virginia. Any dispute arising from the use of the car, this contract or services provided will be settled in the County of Pulaski, State of Virginia.
14. In the event of a cancellation by the Lessee, a 2 week notice must be given to Rent-a- Racecar.net, LLC. If the vehicle can be rented to another customer, the deposit will be refunded. If not, the deposit shall be retained to cover the cost of preparing the car.
IN WITNESS WHEREOF, the parties hereunto execute this agreement this _______ day of ________________, 2004.
Lessee: ________________________________________ DATE_______________