NON-EXCLUSIVE LEASE OF AUTOMOBILE
This Non-Exclusive Lease of Automobile (the “Lease”), is made and entered into as of the date acknowledged and accepted by Lessee, by and between FLEX DRIVE, LLC, a Missouri limited liability company, whose place of business is 3811 S. Weller Avenue, Springfield, MO 65804 ("Lessor"), and the individual acknowledging and accepting this Lease on the date hereof ("Lessee").
1. Lease of Automobile. Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor, a non-exclusive right to use and operate the motor vehicles (together with all replacement parts, additions, repairs and accessories) described on Exhibit A attached hereto and incorporated by reference herein (the “Rental Vehicle”), in “AS IS” condition, acknowledging that the Rental Vehicle is in good order and satisfactory condition as of the date of this Lease.
2. Term. This Lease shall commence on the date this Lease is acknowledged and accepted by Lessee and continue until terminated as follows (the “Term”). Lessor may terminate this Lease at any time prior to the expiration of the Term for any or no reason. This Lease shall terminate automatically upon the termination of the residential lease agreement between Lessee and Lessor and/or Lessor’s affiliate.
During the Term, Lessee shall have the right to use the Rental Vehicle, subject to availability on a first-come first-served basis, for a period of no more than six consecutive (6) hours from the time Lessee schedules the use of the Rental Vehicle (the “Use Period”).
3. RELEASE OF LIABILITY. For said Term, or any portion thereof, as consideration for use of the Rental Vehicle, Lessee acknowledges the following:
- The operation of a motor vehicle is dangerous and that there inherent are and other risks associated with the operation of a motor vehicle and that all of these risks can cause serious and even fatal injuries.
- The operation of a motor vehicle requires that Lessee drive in careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and Lessee shall exercise the highest degree of care.
acknowledges that the risks associated with the operation of an
automobile include, but are not limited to the following:
- Loss of power steering, braking and/or acceleration;
- Failure of Traffic-Aware Cruise Control, Autopilot and/or Full Self-Driving Capability;
- Failure of the back-up camera; and
- Other vehicles on the road failure to maintain a single lane, failure to adequately stop, failure to exercise the highest degree of care and/or failure to abide by the laws of Missouri.
- Lessee agrees and understands that the operation of the Rental Vehicle is a purely voluntary activity and that if Lessee is not willing to acknowledge the risk and agree not to sue, Lessee should not use the Rental Vehicle.
LESSEE FURTHER AGREE THAT LESSEE WILL INDEMNIFY AND HOLD HARMLESS FLEX RIDE, LLC ITS OWNERS, AGENTS, EMPLOYEES, MEMBERS AND REPRESENTATIVES FROM ANY LOSS, LIABILITY, DAMAGES OR COST OF ANY KIND THAT IT MAY INCUR AS THE RESULT OF ANY INJURY TO LESSEE OR TO ANY PASSENGER FOR WHOM LESSEE ALLOWS TO RIDE IN THE RENTAL VEHICLE, EVEN IF IT IS CONTENDED THAT ANY SUCH INJURY WAS CAUSED BY NEGLIGENCE ON THE PART OF FLEX RIDE, LLC.
4. Representations of Lessee. Lessee hereby represents and warrants to Lessor as follows:
- Lessee has a valid license to operate an automobile in the State of Missouri, which shall be provided to Lessor at the time this Lease is executed, and is over the age of 21;
- Lessee has valid insurance that would cover damages to Rental Vehicle, to other property, and for personal injury to Lessee and/or other persons;
- Lessee shall obey all laws while operating the Rental Vehicle;
- Lessee shall use the Rental Vehicle for personal use only;
- Lessee shall operate the Rental Vehicle on properly maintained road and parking lots;
- Lessee shall not allow any other persons to operate the Rental Vehicle;
- Lessee will not sublease or assign this Lease or the right to operate the Rental Vehicle to any other person or entity;
- Lessee shall not use the Rental Vehicle as a vehicle for hire, including, but not limited to Uber, Lyft, Uber Eats, DoorDash, Grubhub, Postmates, Gopuff, Shipt, Caviar, Favor, Wal-Mart Delivery, Amazon Flex.
- Lessee shall not allow the vehicle to be taken more than a fifty (50) mile radius outside of 3900 S. Lone Pine Avenue, Springfield, Missouri 65804.
5. No Warranties by Lessor. LESSOR, NOT BEING THE MANUFACTURER OF THE RENTAL VEHICLE, NOR SUCH MANUFACTURER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, DESIGN OR CONDITION OF, OR AS TO THE QUALITY OR CAPACITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN THE RENTAL VEHICLE, NOR ANY WARRANTY THAT THE RENTAL VEHICLE WILL SATISFY THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT WHICH PROVIDES FOR SPECIFIC MACHINERY OR OPERATIONS, OR SPECIAL METHODS, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE LESSOR AND THE LESSEE ARE TO BE BORNE BY THE LESSEE AT ITS SOLE RISK AND EXPENSE. THE RENTAL VEHICLE IS LEASED “AS IS.”
No oral agreement, guaranty, promise, condition, representation or warranty between the parties hereto shall be binding; all prior conversations, agreements or representations related hereto and/or to the Rental Vehicle are integrated herein, and no modification hereof shall be binding unless in writing and signed by the parties hereto.
6. Title of Lessor. Title to the Rental Vehicle shall at all times remain in Lessor and Lessee will at all times protect and defend, at its own cost and expense, the title of Lessor from and against all claims, liens and legal processes of creditors of Lessee and keep the Rental Vehicle free and clear from all such claims, liens and processes. The Rental Vehicle is and shall remain personal property.
7. Possession, Place of Use, Changes in Location. So long as Lessee shall not be in default under this Lease it shall be entitled to the possession and use of the Rental Vehicle in accordance with the terms of this Lease during the Use Period. The Rental Vehicle shall be used accordance with Missouri law and the terms of this Lease. Lessee shall not take the Rental Vehicle outside of a fifty (50) mile radius of 3900 S. Lone Pine Avenue, Springfield, Missouri 65804 at the expiration of the Use Period. Lessee shall not, part with possession or control of the Rental Vehicle or attempt to sell, pledge, mortgage or otherwise encumber the Rental Vehicle or attempt to purport to sell, pledge, assign, transfer or otherwise dispose of or encumber any interest under this Lease.
8. Right of Inspection. Lessor shall have the right from time to time during reasonable business hours to enter upon Lessee's premises or elsewhere for the purpose of confirming the existence, condition and the proper maintenance of the Rental Vehicle. The foregoing rights of entry are subject to any applicable governmental laws, regulations and rules.
9. Accidents, Theft, Vandalism and Damages. Lessee must immediately inform Lessor of any accident, crash, scratches, theft of the Rental Vehicle, any stolen parts from the Rental Vehicle and/or any other incident to which the Rental Vehicle is involved during the Use Period. Lessee shall immediately report any accident, crash, theft of the Rental Vehicle and/or stolen parts from the Rental Vehicle to the law enforcement agency with jurisdiction over the incident as well as Lessee’s insurance company.
Lessee shall not accept any liability or release the other part of the accident without the informed consent of Lessor. Lessee shall cooperate with Lessor, law-enforcement and the insurance agency to help investigate any incident involving the Rental Vehicle.
10. Return of Rental Vehicle. Lessee agrees to return the Rental Vehicle to its designated parking spot at 3900 S. Lone Pine Avenue, Springfield, Missouri 65804 and plug the Rental Vehicle into its designated charger at the expiration of the Use Period. Lessee agrees to return the Rental Vehicle at the end of Lessee’s Use Period in the same condition as before the use of the Rental Vehicle and the interior of the Rental Vehicle shall be clean. If the Rental Vehicle is not returned in a clean condition at the expiration of the Use Period, Lessee shall pay to Lessor a Fifty Dollar ($50.00) fee to have the Rental Vehicle cleaned.
11. Parking fees and Traffic Tickets. Lessee shall be responsible for all traffic and parking fines occurred during the Use Period.
12. Default. There shall be deemed to be a breach of this Lease if Lessee shall default in the performance of any of the covenants herein and such default shall continue. In the event of a breach of this Lease, Lessor, at its option, may enforce by appropriate legal proceedings specific performance of the applicable covenants of this Lease as well as any other remedy herein provided. Should any legal proceedings be instituted by Lessor to recover any moneys due or to become due hereunder and/or for possession of the Rental Vehicle, Lessee shall pay a reasonable sum as attorneys' fees.
13. Assignment. This Lease and all rights of Lessor hereunder shall be assignable by Lessor without Lessee's consent. Lessee shall not assign this Lease without the prior written consent of Lesser, which shall be in the sole discretion of Lessor.
14. Further Assurances. Lessee shall execute and deliver to Lessor, upon Lessor's request, such instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of this Lease and Lessor's rights hereunder.
15. Amendment. This Lease constitutes the entire agreement of the parties and may be amended or modified only in writing signed by both parties, and all prior agreements or understandings between the parties, either oral or written, are superseded by this Lease.
16. Remedies, Waivers. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy. A waiver of a default shall not be a waiver of any other or a subsequent default.
17. No Third-Party Beneficiary. Nothing in this Lease, express or implied, is intended to or shall confer upon any person or entity other than the parties and their respective successors and permitted assigns any legal or equitable right, benefit or remedy of any nature under or by reason of this Lease.
18. Attorneys’ Fees. In the event of any legal action to enforce this Lease or to recover damages or other relief on account of any breach of this Lease, the prevailing party shall be entitled (in addition to any and all other remedies) to recover any and all costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) that it may incur in connection with such action.
19. Governing Law. This Lease shall be construed and interpreted in accordance with, and governed by, the laws of the State of Missouri.
20. Venue. The Parties agree that all disputes arising out of or relating to this Agreement shall be litigated and tried in the Circuit Court of Greene County, Missouri and hereby submit to the exclusive jurisdiction thereof.
21. Waiver of Jury Trial. THE PARTIES HERETO IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS LEASE, AND ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
22. Acceptance. Lessor and Lessee acknowledge and agrees that by Lessee clicking on the “Agree” or similar button or by checking a box, Lessor and Lessee are accepting and agreeing to the terms and conditions of this Lease.
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