Rental Terms & Conditions
Rental Terms & Conditions
We hereby rent to you the Vehicle described on Page 1 (the “Vehicle”), subject to all the terms and
conditions of this Rental Agreement (the “Agreement”). This Agreement is comprised of Page 1 and
Page 2, any addenda attached by us hereto, and the terms and conditions contained therein. The
words “you.” “your” and “yours” mean the Customer identified on Page 1 and all Authorized Drivers.
“We,” “us” and “our” means the Dealership identified on Page 1 (the “Dealership”).
1. Authorized Drivers. The Vehicle shall be operated or driven only by an Authorized Driver. Except
where otherwise specifically authorized by applicable law, for purposes of this Agreement. “Authorized
Driver” means each of the following persons who is a licensed driver and is at least age 21: (a) the
Customer; (b) any person listed by us on Page 1 as an Additional Driver, (c) the Customer’s spouse; and
(d) the individual who is the registered owner of the vehicle associated with the Repair Order referenced
by us on Page 1. Customer agrees to inform all Authorized Drivers of the terms and conditions of this
Agreement.
2. Prohibited Uses. The Vehicle shall NOT be operated or driven by anyone: (a) who engages in
intentional or willful conduct that could reasonably be expected to cause damage to the Vehicle or
engages in wanton or reckless conduct in connection with the Vehicle; (b) while under the influence of
drugs or alcohol; (c) to push anything: (d) on an unpaved road; (e) for commercial hire; (f) in connection
with conduct that could be properly charged as a felony; (g) in a speed test or contest or driver training
activity; (h) who is not an Authorized Driver; (i) outside the United States or Canada; or (j) who provides
fraudulent information to us. The Vehicle shall not be left unattended with the keys in it.
3. Return of Vehicle. This Agreement is one of rental only. The Vehicle is our property and shall be
returned to our address or to a place we designate on the date shown on Page 1, or earlier if demanded,
together with all tires, tools, accessories, and equipment, in the same condition as when rented, ordinary
wear and tear excepted. Failure to return the Vehicle to the designated place on the Date Due In (as
defined on Page 1) will terminate your permission to possess and operate the Vehicle. If the Vehicle is
returned to us at any place other than that listed herein, you agree to pay all expenses we incur to have
the Vehicle returned. We or any of our agents or employees may peacefully repossess the Vehicle,
without demand, wherever found and may terminate this Agreement if the Vehicle is illegally parked or
used in violation of law or this Agreement.
4. Responsibility for Damage or Loss to the Vehicle; Reporting to Police. To the extent permitted
by law, you are responsible for all damage to and loss or theft of the Vehicle in connection with this rental
regardless of the cause of such damage or loss, whether or not you are at fault. Your responsibility may
include, but may not be limited to: (a) all physical and mechanical damage to, or loss or theft of, the
Vehicle up to the Vehicle’s fair market value measured as follows: (1) if we determine that the Vehicle is a
total loss: the total loss vehicle value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is
repairable: the actual cost of the repairs performed or the estimated cost of repairs if we elect not to
repair the Vehicle; (b) our actual charges for towing, storage, and impound; (c) Loss of Use; and (d)
Diminished Value. As used in this Agreement, “Loss of Use” means a reasonable estimate of all rental
revenue we will lose because of damage to, or loss or theft of, the Vehicle, and “Diminished Value” means
the difference between the fair market value of the Vehicle immediately before the damage to the Vehicle
and immediately after the Vehicle has been repaired. You must report all accidents involving the Vehicle
and all theft of or damage or vandalism to the Vehicle to us and to the police as soon as possible within
24 hours of occurrence. As part of such report, you will provide a written description of the incident and
the insurance information of the other parties involved. You will make a reasonable effort to secure
evidence from any available witnesses to the incident.
5. Amounts Due Us. You shall pay us, on demand, each of the following: (a) all time and mileage
charges as computed on Page 1 of this Agreement, with mileage determined by reading the Vehicle
odometer (you shall NOT tamper with the odometer and you shall pay for its repair or replacement if
any seal has been broken, along with a mileage charge equivalent to the average charge developed
from our experience); (b) basic or minimum rate. service, and other charges shown on Page 1 hereof;
(c) costs related to fuel as described in Paragraph 8 if the Vehicle is returned with less fuel than when
rented; (d) all applicable taxes; (e) all toll, parking and traffic fines, citations, penalties, forfeitures,
court costs, towing and storage, and out-of-pocket expenses assessed against us, the Vehicle. or you,
unless these charges are due to our fault; (f) our costs and expenses incurred in repossessing the
Vehicle; (g) all amounts due to us under Paragraph 4; and (h) all costs associated with our
enforcement of this Agreement or collection of charges including, but not limited to, attorneys’ fees,
collection fees, and costs whether or not litigation is commenced.
6. Insurance: Responsibility for Bodily Injury and Third-Party Claims. You are responsible for
all damage or loss you cause to others. By entering into this agreement, you warrant that you have a
valid and collectible automobile liability insurance policy in effect that provides coverage for damage
to the Vehicle and coverage for injury to others and their property. You agree to maintain your
automobile insurance during the term of this Agreement which provides to the owner, to us, and to
you, the following primary coverage: (a) bodily injury and third-party claims injury (“BI”) and
property damage (“PD”) liability coverage; (b) personal injury protection (PIP), no-fault, or similar
coverage where required by applicable law; (c) uninsured/underinsured (“UM/UIM”) coverage where
required by applicable law, and (d) comprehensive and collision damage coverage extending to the
Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the
financial responsibility laws of the state where the loss occurs. Where permitted by applicable law, by
signing this Agreement, you reject UM, UIM, and supplemental no-fault or PIP coverages. Where we
are required to provide such coverage, you hereby select the minimum limits required by law
(“Provided Insurance”). In states where the law requires us to provide the Provided Insurance, your
insurance will be primary, unless the applicable law requires the Provided Insurance to be primary.
Any Provided Insurance applies only to claims of accidental BI and PD resulting from the use of the
auto, and is excess to any other valid and collectible insurance whether primary, secondary, excess, or
contingent. The Provided Insurance contains exclusions, conditions, and limitations applicable to
anyone making a claim for coverage. All the provisions, limits, and exclusions in the Provided
Insurance apply to you. You expressly agree to cooperate with your insurer and our insurer if any
claim is made, and give us immediate notice of damage, claim, or lawsuit against you. The Provided
Insurance applies only in the United States and Canada. Engaging in a prohibited use described in
paragraph 2 or any other material breach of this Agreement may void any insurance coverage.
Regardless of whether the Provided Insurance coverage is primary or excess to any insurance
coverage that you have in place at the time any claim, suit, or cause of action arises, the Provided
Insurance and/or your automobile liability
insurance policy may not be adequate to fully cover your liability in connection with your use of the
Vehicle. To the extent permissible by law and not covered by insurance, you assume sole responsibility
for (a) any bodily injury to you and any third party, (b) all damage or loss you cause to yourself and
others, and (c) any other third-party claims related to your use or possession of the Vehicle.
7. Limited Power of Attorney. You hereby grant and appoint to us and our designated agent a
limited power of attorney to present insurance claims to your insurance carrier. This includes, but is
not limited to, claims related to any liability claims against us arising from or in connection with this
Agreement, or any vehicle that is damaged, lost or stolen during the rental period.
8. Fuel. The Vehicle may only be refueled with fuel that is compatible with the Vehicle’s specifications.
If you return the Vehicle with less fuel in the tank than was present when you first took possession of
the Vehicle, you will be charged the cost or costs of replacing the fuel shown on Page 1 or as
described in the addenda (if any). You will not receive a credit or refund if you return the Vehicle with
more fuel in the tank than was present when you first took possession of the Vehicle.
9. Indemnity and Limitation of Liability. You agree to defend, indemnify and hold us and our
affiliates, including without limitation. Toyota Motor North America, Inc., Toyota Motor Sales. U.S.A.,
Inc., Toyota Motor Credit Corporation, Toyota Connected North America, Inc., and our and their
respective parents, subsidiaries, affiliates, shareholders, officers, directors. employees, contractors,
agents, predecessors, successors and assigns, past and present (collectively, the “Indemnified
Parties”) harmless from all claims, liability, costs and attorneys’ fees we and the Indemnified Parties
incur resulting from, or arising out of, this rental and your use of the Vehicle including, but not limited
to, in connection with any Telematics System as defined in Paragraph 12. You release us and the
Indemnified Parties from any liability for consequential, special or punitive damages in connection with
this rental.
10. Disclaimer of Warranties. You take possession of the Vehicle and any optional accessories “as
is”, and we exclude 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. The foregoing does not affect any warranties which cannot be excluded or limited under
applicable law.
11. Authorization to Release Payment and Rental Information: Credit Charges. You authorize
us to release your payment, contact, and rental information to any charging authorities to whom you
owe any amounts as described in Paragraph 5(e) herein and to any third parties we appoint to assist us
in the collection or processing of any amounts you owe us or any charging authorities under this
Agreement. We will also release information concerning you and your rental of the Vehicle if required to
do so by law. You authorize us to charge the credit card we have on file for payments due to us under
this Agreement.
12. Telematics Notice and Release. The Vehicle may be equipped with telematics technology that
may include, but may not be limited to, a global positioning system (GPS), a data communication
module (DCM), an event data recorder (EDR), and/or other technology that can collect data (such as
location data) about the Vehicle (collectively, the “Telematics System”). The Telematics System may (in
whole or in part) have been installed or affixed after the Vehicle’s manufacture. The Telematics System
utilizes wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is
specifically disclaimed by you. You expressly consent to the installation of the Telematics System in the
Vehicle and you acknowledge and agree that: (a) you have no expectation of privacy related to your
use of the Vehicle; (b) we are not responsible for the operability of the Telematics System; (c) to the
extent permissible by law, we, our affiliates, and third parties acting on our behalf. (i) may have access
to the information supplied by the Telematics System, including, but not limited to: location, automatic
crash notification, minor collision information, operational, mileage, diagnostic vehicle health data
(including service alerts), tolling (if permitted by law), performance, and driver behavior (collectively,
the “Telematics Data); and (ii) may monitor the Vehicle or disclose such information to the extent
permitted by law; and (d) it is your obligation to inform any and all Authorized Drivers and passengers
of the terms of this paragraph. By entering into this Agreement, you understand and agree that any
Telematics Data resulting from your use of the Telematics System (which may occur automatically by
using the Vehicle) will be subject to (i) Toyota Motor Sales U.S.A.. Inc.’s Privacy and Protection Notice
for Connected Vehicle Services (“Privacy and Protection Notice”) (available at
https://www.toyota.com/privacyvts/), and (ii) the Dealership’s applicable Privacy Policy (“Dealership
Privacy Policy”) (available at Dealer Website listed on page 1), and you consent to the collection, use,
monitoring and disclosure of Telematics Data by Toyota and the Dealership in accordance with the
Toyota Privacy Notice and the Dealership Privacy Policy, respectively (including, but not limited to, the
disclosure of aggregated data for marketing purposes), to the extent permitted by law.
13. No Agency. You are not our agent, servant, or employee for any reason or for any purpose.
14.Repairs. You shall not permit any repairs to the Vehicle or allow any lien to be placed upon it without
our consent. You shall be liable for any repairs performed in violation of this paragraph.
15. Your Property. You release us, and the other Indemnified Parties 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.
16. Waiver. A waiver by us of any breach of this Agreement does not constitute 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 is not a waiver of any other provision of this Agreement. If any provision of this
Agreement is deemed void or unenforceable, the remaining provisions will remain valid and enforceable.
17. Entire Agreement and Survival. This Agreement constitutes the sole agreement between you
and us with respect to its subject matter. It supersedes any prior written or oral agreements or
communications between you and us. It may not be modified except in writing signed by you and us. All
terms of this Agreement that by their nature extend beyond its termination will remain in effect until
fulfilled. To the extent there is a direct conflict between a provision or term of this Agreement and a law
applicable to this rental, the applicable law will govern.
18. $125 Pet Cleaning Fee will be applied.
©TOYOTA MOTOR SALES, USA., INC. THIS DOCUMENT AND ITS LANGUAGE MAY NOT BE ALTERED,
REPRODUCED, OR DISTRIBUTED WITHOUT WRITTEN AUTHORIZATION FROM TOYOTA MOTOR SALES,
USA. INC. RT2023 MST(MS) 4/23