NIU Honolulu Customer Registration

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RENTAL AGREEMENT CUSTOMER MUST READ BEFORE SIGNING RENTAL AGREEMENT: THE FULL TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT ARE LISTED BELOW. BY SIGNING BELOW YOU ARE AGREEING THAT YOU HAVE READ AND FULLY UNDERSTOOD THE TERMS AND CONDITIONS THAT ARE LISTED BELOW AND AGREE TO THOSE TERMS AND CONDITIONS. BEFORE SIGNING BELOW YOU ARE CAUTIONED TO READ THOSE TERMS AND CONDITIONS. STATE OF HAWAII LAWS/ POLICIES If you violate these laws, you may be stopped and ticketed by the. police No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of it. No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped. No person shall “split lane” with another driver while driving a moped. All mopeds MUST STAY OFF all freeways with speed postings of 45 mph or higher - H-1, H-2, H-3, Pali (61), Likelike (63), and Farrington (93). No person shall drive a moped on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a moped on any path or other area intended for the exclusive use of pedestrians. I am renting this vehicle to perform essential activities during the stay at home order. Mopeds must be back in town (Honolulu), before sunset. Any service call placed after 5:00pm will be charged a $150.00 fee. Hawaii is a no helmet state, however helmets are included at no cost. For a safe & enjoyable ride, we highly recommend that you wear your helmet. Check if you have read and understand our Hawaiian Laws and Policies ROAD SAFETY VIDEO. I have viewed the entire road safety video presented by Hawaiian Style Rentals & Sales and NIU Mobility, LLC and fully understand my responsibilities as to safe driving. ROAD TEST COMPLETED. I have been shown proper operation of the moped and have test driven this moped for a reasonable distance and was able to turn, maneuver, speed up and brake without any difficulty and have tested its wheel alignment as I have driven it. I am able to drive. RENTER IS RESPONSIBLE FOR ALL DAMAGES & LOST EQUIPMENT REPLACEMENT VALUE FOR TOTALED OR STOLEN VEHICLE: Standard Buddy: $1899 Standard Buddy Basket: $1849 Standard XL/ Sport Rough House: $1999 THIS RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, AN OPTIONAL COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR COLLISION DAMAGE TO YOUR VEHICLE, WHICH YOU MAY BE LIABLE FOR BY ENTERING INTO THIS AGREEMENT. BEFORE DECIDING TO PURCHASE A COLLISION DAMAGE WAIVER, YOU SHOULD DETERMINE IF YOUR OWN PERSONAL AUTO INSURANCE POLICY AFFORDS YOU COVERAGE FOR COLLISION DAMAGE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN COVERAGE. THE DAILY COSTS FOR THE COLLISION DAMAGE WAIVER IS $25 . ADDITIONAL RESTRICTIONS REGARDING THE COVERAGE OF THIS COLLISION DAMAGE WAIVER IS SPECIFICALLY LISTED ON THE REVERSED SIDE UNDER THE RENTAL AGREEMENT TERMS AND CONDITIONS, PARAGRAPH 5, DAMAGE WAIVER AND ARE INCORPORATED INTO THIS RENTAL AGREEMENT BY YOUR SIGNING AND PAYING FOR THIS OPTIONAL COLLISION DAMAGE WAIVER. PLEASE REVIEW CAREFULLY THESE RESTRICTIONS BEFORE PURCHASING THIS COLLISION DAMAGE WAIVER BECAUSE YOU MAY BE DENIED COVERAGE, EVEN IF YOU PAID FOR THE COLLISION DAMAGE WAIVER, IF YOU VIOLATE ANY OF THESE RESTRICTIONS. OPTIONAL COVERAGES & SERVICES ROADSIDE PLUS SERVICE BASIC COLLISION COVERAGE COMPREHENSIVE COVERAGE HAWAIIAN STYLE COVERAGE Note: None of our recommended coverages cover the provided chain and lock. Please make sure to always use the lock and do not lose it. You are responsible for the $170 lock. I understand the above information regarding collision damage waiver and that certain conditions and restrictions may apply. I have been shown and understand the coverage options provided. I understand I will be held accountable for all moped damages and theft if I deny all coverage options. SEE ADDITIONAL RENTAL AGREEMENT TERMS AND CONDITIONS BELOW Rental Agreement Terms and Conditions Renter promises to be in full and complete compliance with the Terms & Conditions of this Rental Agreement as stated on this page and the additional Terms & Conditions on the reverse side of this page. Renter further acknowledges the risk of accident and/or physical injury or injuries to Renter, which is inherent in recreational activities and travel on mopeds and other like vehicles; and therefore, waives and releases any and all claims and/or causes of action for physical injury or injuries to Renter which might be brought against HSR or NIU upon the signing of this Rental Agreement or forever thereafter, and Renter shall indemnify, hold harmless, and protect HSR or NIufrom any such claims or causes of action as might be brought against HSR or NIU by Renter and/or any other person(s) as listed below, his, her or their heirs, assigns, legal representatives and/or successors. 1.Definitions. “Agreement” means all terms and conditions found in this form, any addenda and any additional materials you sign or we provide at the time of rental.“You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means the business entity named elsewhere in this Agreement. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid motorcycle driver’s license and is at least age 25. “Vehicle” means the motorcycle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “CDW” means Collision Damage Waiver. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other comprehensive loss not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle for any reason due to damage to it, or loss of it, during this rental; loss of use is calculated as a reasonable estimate of the revenue we lost during the repair or replacement period. 2.Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. 3.Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels. 4.Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle, less any salvage we recover, on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for loss of use, diminished value of the Vehicle if the vehicle in not repairable, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. 5.Damage Waiver. On the reverse side of this Rental Agreement, If you purchased the Collision Damage Waiver (CDW), we will waive our right to collect from you for Physical Damage to the Vehicle. We will not waive this right if damage to the Vehicle: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of any drug or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used during the commission of any crime, other than a minor traffic violation ; (e) occurs while carrying persons or property for hire, while pushing or towing anything, during any race, speed test or contest, or, while teaching anyone to drive; (f) results from carrying dangerous or hazardous items or illegal materiel; (g) results from use of the Vehicle outside the geographic limitations described in this Agreement; (g) is caused by driving on unpaved roads; (h) occurs while transporting more persons than the Vehicle has seat belts, while carrying persons outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (i) occurs when the odometer has been tampered with or disconnected; (j) occurs when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (k) is caused by inadequately secured cargo; (l) is caused, where applicable, by anyone who lacks experience operating a manual transmission; (n) results from your willful, wanton or reckless act or misconduct; and, (m) occurs and you fail to notify us and the police of any accident or vandalism involving the Vehicle. 6.Insurance. You are responsible for all damage or loss you cause to others. You agree to provide vehicle liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any. 7.Charges. You will pay us, or the appropriate government authority, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f)all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay the charging authority for a toll or parking fine, you will pay us all amounts owed to the charging authority plus our administrative fee of $50 for each such violation; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented. 8.Deposit. We may use your deposit to pay any amounts owed to us under this Agreement. 9.Your Property.You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 10.Breach of Agreement.The acts listed in Paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement.You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. 11.Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. SPECIAL PROVISIONS REGARDING DRIVER’S RESPONSIBILITIES Hawaiian Style Rentals, LLC (“Hawaiian Style Rentals”) and NIU Mobility, LLC (“NIU Mobility”) rents this moped to the named driver on this agreement and only to that named driver. All protections, limits of liability and/or coverages under this agreement shall be null and void at the sole discretion of Hawaiian Style Rentals and NIU Mobility if the negligence of the driver causes loss of or damage to the moped. “Negligence” under this Agreement may include, but shall not be limited to: ( a ) failure of the driver when parking the moped to chain lock the vehicles through the rear tire and affixing the chain securely to the ground; ( b ) operating the moped at full throttle causing an overheat of the engine; ( c ) operating the moped on the H-1, H-2, H-3, the Farrington Highway (Route 93), Likelike Highway (Route 63) and Pali Highway (Route 61); ( d ) any loss or damage to Hawaiian Style Rentals’ and NIU Mobilityʻs locks provided to the driver if any at a cost of $170 per lock; ( e ) failure to return before 5:00 p.m. to your local area defined as being within a 15 mile radius of your local accommodations. Hawaiian Style Rentals and NIU Mobility are not responsible to respond to any request(s) by driver for all roadside services if such request(s) is made: ( a ) after its regular hours of operation and ( b ) the moped is located outside of the above described local area. At its sole discretion, Hawaiian Style Rentals and NIU Mobility may respond to a request for service call made after its regular hours of operation, but if and only if the moped is located in the local area as described above. Driver is urged to avoid causing traffic congestion. In Hawaii, sharing the road with others is not only courteous, it exhibits the true Aloha spirit! I understand the above Rental Agreement Terms and Conditions and special provisions for driver’s responsibilities. By signing this agreement I agree to abide by the Motor Vehicle Laws of the State of Hawaii and to exhibit common courtesies to other drivers. For example, when there are faster vehicles traveling behind driver, driver should pull to the side to allow those vehicles to pass driver.

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