In consideration for the rental of the low speed vehicle (“Vehicle”) provided by Outer Banks Beach Buggies, LLC (“Owner”), I (“Renter”) expressly agree to the following terms and conditions.

1. I understand that operation of the Vehicle is subject to the same laws and regulations that pertain to operation of motor vehicles in the State of North Carolina, and agree that the Vehicle will be operated in accordance with these laws and the local laws of Dare and/or Currituck County, North Carolina. This includes, but is not limited to, the requirements that anyone driving the Vehicle must hold a valid driver’s license and not be under the influence of alcohol and/or illegal drugs. I understand that I will be personally responsible for all moving and/or parking violations issued to myself and any other operators of the Vehicle during the time it is being rented to me or in my possession. I acknowledge and agree that only persons who are twenty-one (21) years of age or older and possess a valid driver’s license shall be permitted to drive the Vehicle. I further agree that the maximum occupancy of the Vehicle is four persons in a 4-passenger Vehicle, or six persons in a 6-passenger Vehicle, including children.

2. I understand that Owner requires the operator to have appropriate insurance coverage for the Vehicle to cover any damages or injuries caused to my person or property or others, as a result of the operation of the Vehicle by me or other Authorized Drivers, and that I am solely responsible for any claims which result therefrom. By signing this document, I am representing that appropriate insurance coverage exists in this regard.

3. I will operate the Vehicle safely and responsibly, understand that I am legally and financially liable for all property damage or personal injury caused to myself, or to others, as a result of my use and operation of the Vehicle. I understand that I am also responsible for any loss or damage caused to the Vehicle. I agree to promptly pay, indemnify and hold Owner harmless from any and all damages, claims or demands of any nature whatsoever that may arise from the use of the Vehicle during the time of my rental period and/or possession of the Vehicle, including, but not limited to, claims for personal injury, property damage, damage to the Vehicle itself, my person and property, and/or the persons and property of others. Should I default in performance of my obligations herein, I agree to be responsible for all costs incurred by Owner in defending any such claims brought against them, enforcing the terms of this Agreement or seeking damages for its breach, including the payment of reasonable attorney’s fees incurred by Owner in this regard, and interest from the date of breach at the legal rate of eight (8%) percent per annum.

4. I understand and agree that the Vehicle may not be operated on the beach or other off-road use, and that I am solely responsible for the costs of all repairs caused by breach of this condition. Should the Vehicle become inoperable through no fault of mine, Owner will take reasonable steps to have the Vehicle repaired and if unable to do so, will provide a replacement Vehicle, if a replacement Vehicle is available, or issue a prorated refund at the sole discretion of Owner.

5. In the event that I violate any of the conditions referenced above or the Additional Terms and Conditions, I understand and agree that further use of the Vehicle may be revoked immediately without notice, and that Owner may repossess the Vehicle in their sole discretion. In such case, I understand that I shall not be entitled to any rental refund resulting from this revocation of privilege.

6. I acknowledge that I have read and understand the Additional Terms and Conditions, and the LSV Driving Guidelines provided to me regarding the use and operation of the Vehicle, and agree to operate the Vehicle in accordance with said instructions. If I have any questions or concerns about operation of the Vehicle, its safety or mechanical condition, I agree to promptly notify Owner at the following number: 252-715-1295. I agree to examine and inspect the safety and mechanical conditions of the Vehicle before each use and will promptly report to Owner any concerns or problems before driving the Vehicle.

7. Owner does not provide coverage for Automobile Liability, Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protections (UM/UIM) through this Agreement. The Renter’s Automobile Liability is primary for both the Renter and the Owner. Where required by law, any coverage provided to the Renter is secondary to any other insurance available to the Renter.

***Cancellation Policy***

In the event your plans change, you may cancel your booking at least 48 hours prior to your rental start date for a full refund, less a 10% administrative fee (this covers the credit card processing fees). If you cancel your booking less than 48 hours prior to your rental start date, no refund is guaranteed. All refunds are issued back to the original card used for the rental order. Refunds are not given for emergencies, inclement weather, hurricane/storm evacuations or early departures.

Additional Terms and Conditions

1. Definitions: For the purposes of this Agreement, the following terms are specifically defined:

a. “AUTHORIZED DRIVER(S)” (ADs) means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified as Authorized Drivers, and with the permission of Renter.

b. “OWNER” means “OWNER OF VEHICLE” shown on the top of Page 1.

c. “RENTAL PERIOD” means the period between the time the Renter takes possession of Vehicle until Vehicle is picked up by Owner.

d. “RENTER” means the person, or entity who has completed the rental booking.

e. “VEHICLE” means the “ORIGINAL VEHICLE” or any replacement Vehicle(s).

2. Ownership/Vehicle Condition: Renter acknowledges that Vehicle is, by ownership, beneficial interest or lease, property of Owner, even if owned, registered or titled to a third party. Renter agrees Renter is renting Vehicle “AS IS” and will immediately notify Owner of any defect or safety concern upon taking delivery of the Vehicle and prior to driving Vehicle. Renter agrees to leave Vehicle for pick up on or before return date stated in reservation booking, or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Renter agrees not to alter Vehicle. If Renter or AD(s) at any time during rental period determine Vehicle is unsafe, Renter or AD(s) shall stop operating Vehicle and notify Owner immediately.

3. Payment by Renter: RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CREDIT CARD OR DEBIT CARD PRESENTED AS A MEANS OF PAYMENT, ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. All charges are subject to final audit by Owner.

4. Limits on Use and Termination of Right to Use:

a. Renter agrees to the following limits on use:

1. Vehicle shall not be driven by any person other than Renter, or AD(s), without Owner’s prior written consent.

2. Vehicle shall not be used for any illegal purposes, in any illegal or reckless manner, in a race or speed contest, or to tow or push anything.

3. Vehicle shall not be used to carry passengers in excess of either four or six depending on Vehicle size.

4. Renter shall not remove any seats from the Vehicle.

5. Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicant, or drugs, used with or without a prescription.

6. Vehicle shall not be driven or taken outside of Dare or Currituck Counties, North Carolina.

7. Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the key without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental use or operation of Vehicle.

8. Renter shall not assign or transfer this Agreement and/or sublease the Vehicle.

b. In the event of any violation of the limits of use or any other provisions of this Agreement, Owner automatically, without any further notice to Renter or AD(s), terminates their right to use Vehicle and Owner retains any rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AD(s). Renter and AD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to rental office.

c. If Renter or AD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been embezzled. Renter or AD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice.

5. Accidents: Damage to, loss or theft of, Vehicle must be immediately reported to Owner, and in no event later than the following day after the accident. Renter and AD(s) must immediately give to Owner every process, pleading or paper relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and AD(s) shall cooperate fully with Owner and their representatives.

6. Damage to, Loss or Theft of, Vehicle and Related Costs: Subject to any limitations in North Carolina law, Renter accepts responsibility and shall pay Owner, on demand, for:

a. All collision damage to Vehicle even if someone else caused it, or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of Vehicle.

b. Theft of Vehicle, or damages resulting from the theft of Vehicle if Renter or AD(s) fail to exercise ordinary care of Vehicle during the Rental Period. Renter is responsible for the cost of repair up to the fair market value of Vehicle.

c. The first $500 of vandalism damages that are not a direct result of the actual theft of Vehicle.

d. Towing, storage or impound fees.

e. Lost rental value of Vehicle if damage, loss or theft is the fault of the Renter.

f. Renter shall not have Vehicle repaired without permission from Owner.

7. Indemnification by Renter: Renter shall defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Owner in any manner from this rental transaction, or from the use of Vehicle by any person, including claims of, or liabilities to, third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to owner for all such losses.

8. Personal Property: Owner is not responsible for any damage to, loss or theft of, any personal property, whether the damage, loss or theft occurs during or after termination of the rental, regardless of fault or negligence.

9. Power of Attorney: Renter hereby grants and appoints to Owner a Limited Power of Attorney:

a. To present insurance claims of any type to Renter’s insurance carrier and/or credit card company if:

i. Vehicle is damaged, lost or stolen during the Rental Period, and if Renter fails to pay for any damages; or

ii. Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.

b. To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.

10. Severability: If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.

11. Limitation of Remedy/No Consequential Damages: If Owner breaches any of their obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AD(s), and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and AD(s), and Renter’s and AD(s)’ sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter, if such a substitute Vehicle is available, and to recovery by Renter of the pro-rata daily rental rate for the period in which Renter and AD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AD(S) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AD(S). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AD(S).

12. NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY: Renter is responsible for all collision damage to Vehicle, even if someone else caused it, or the cause is unknown. Renter is responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage and impound fees. Renter is responsible for the first $500 of vandalism that is not a direct result of the actual theft of Vehicle. Renter will be responsible for theft of Vehicle, or damages resulting from the theft of Vehicle if Renter or AD(s) fail to exercise ordinary care of Vehicle during the Rental Period. Renter’s own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of Renter’s financial responsibility for Vehicle. Renter should check with Renter’s insurance company, or credit card issuer, to find out about Renter’s coverage and the amount of the deductible, if any, for which Renter may be liable. Further, if Renter uses a credit card that provides coverage for Renter’s potential liability, Renter should check with the issuer to determine if Renter must first exhaust the coverage limits of Renter’s own insurance before the credit card coverage applies.

13. Release of Information to Third Parties: Renter agrees Owner may, and Renter expressly authorizes Owner to, provide information in Owner’s possession about Renter and AD(s), including but not limited to, driver’s name, address and driver’s license information to: applicable authorities, where solicited; and/or applicable authorities or other third parties, in connection with Owner’s enforcement of their rights under this Agreement.

14. Choice of Law: All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of the State of North Carolina.