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Terms and Conditions

Effective April 17th, 2024

Terms and Conditions

This Car Rental Agreement (the “Agreement”) is entered into by and between Xclusivibez LLC (“Company”) and _____________________ (“Renter”) (collectively the “Parties”) and outlines the  respective rights and obligations of the Parties relating to a rental vehicle. Renter agrees that  Renter is not an agent of Company for any purpose and cannot assign, delegate or transfer your  obligations under the Agreement and any discrete part thereof.  

1. Identification of the Rental Vehicle. Company hereby agrees to rent to Renter a  passenger vehicle identified as follows: 

Make:  

Model:  

Year:  

VIN:  

Color:  

(hereinafter referred to as “Rental Vehicle”). 

2. Rental Term. The term of this Agreement runs from the date and hour of vehicle pickup  as indicated just above the signature line at the bottom of this agreement until the return  of the vehicle to Company, and completion of all terms of this agreement by both Parties.  

Estimated Start Date: 

Estimated End Date:  

The Parties may shorten or extend the estimated term of rental by written mutual consent. 
3. Mileage.  

Mileage use allotted is:  

Rate for extra mileage:  

Geographical Restrictions. Renter will not drive Rental Vehicle outside of the state of  Georgia without prior written consent. Renter acknowledges that failure to comply with this  provision shall constitute theft of the Rental Vehicle. Violation of this provision will cause  Renter to forfeit the security deposit and subject Renter to fees for recovering the vehicle,  such as towing. 

Tracking/Monitoring Devices. By signing this agreement, you are hereby authorizing  Company to utilize tracking devices to track the vehicle and record other data relating to  its use until it is returned to Company and agree not to tamper with, damage, remove or  otherwise alter such tracking device. 

__________________ 

This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party  without the prior written consent of Xclusivibez LLC and its affiliates.  

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4. Rental Fees. Renter will pay to Company rental fees for the use of the Rental Vehicle as  follows, such rental fees being final once Renter takes possession of the Rental Vehicle

Base Fee: __________ per _____ day(s)  

No Show. When booking, Renter will be required to pay the rental fee in full. If renter fails  to appear and has no contact with Company over 3 hours after rental estimated start  date/time, Company shall charge 50% of the rental fee amount, refund the remainder to  Renter and return the security deposit.  

Rental fee for days beyond the rental term:  

Late Return Policy. Renter will have a two-hour grace period within which to return the  rental vehicle. At the expiration of the two-hour grace period, Renter will be billed the rate  for an additional day.  

a) You will also pay a reasonable fee for cleaning the car’s interior upon return if any  stains, dirt, odor, or soiling attributable to your use cannot be cleaned with our standard  post-rental procedures as determined by us in our sole discretion. 

b) If the key(s) or key fob(s) are not returned with the car, you may be charged additional  fees. 

c) We maintain a non-smoking fleet, including a prohibition on the use of e-cigarettes in  the car. You will pay an additional charge if you return the car and it smells or is soiled  from smoke or e-cigarette vapor. 

d) You and any third party to whom any rental charges are billed, such as an insurer or  employer, are jointly and severally responsible for payment of all such charges. If you  direct us to bill any such charges to a third party, you represent that you are authorized  to do so on behalf of the third party. 

e) If you use a car with automatic toll payment capability, you will be charged the toll fee  and additional accounting fee. 

f) Company makes every effort to ensure that all prices and descriptions quoted are  correct and accurate. However, in the case of a manifest error or omission, Company  reserves the right to rescind the Rental Agreement, even if we have already accepted  your reservation and/or received your payment. Our liability in that event will be limited  to the return of any money that you have paid with respect to the reservation. In the  case of a manifest error in which we permit you to keep your reservation, we reserve  the right to require that you pay the difference between the quoted price and the correct  price, as confirmed in writing by Company after the manifest error has been  discovered. A “manifest error”, as the term is used in this paragraph, means, in relation  to an incorrect price, a price quoted in error by Company which is more than 15% less  than the price that would have been quoted had the mistake not been made. 

5. Taxes, Surcharges and Fees. You will also pay all applicable taxes as well as any  additional charges provided on the Rental Agreement which are over and above the base  rental rate. These may be surcharges and/or recovery fees to recover certain costs.

6. Fines, Expenses, Costs and Administrative Fees. You will pay or reimburse us for all  fines, penalties, interest, and court costs for parking, traffic, toll, and other violations,  including storage liens and charges incurred because of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, such 

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as for repossessing or recovering the car for any reason. You agree we may, in our sole  discretion, pay all tickets, citations, fines, penalties and interest on your behalf directly to  the appropriate authority and you will pay us for what we paid to the appropriate authority  or their designated agents plus a reasonable administrative fee and any attorneys’ fees  and expenses we incur. You agree and acknowledge that we cooperate with all federal,  state/provincial, municipal, and local officials charged with enforcing these infractions to  provide any information necessary as they may request or may otherwise be required. 

7. Changes. Any change in the Rental Agreement or our rights must be in writing and signed  by an authorized officer. You further agree that we have the unilateral right to change  these Terms and Conditions from time to time either upon written notice to you, in paper  or electronic form of communication provided. Such changes will apply to rentals that you  reserve after such notice has been given, as indicated by the date of such notice, if sent  in written form, or the date such changes are send through electronic means provided by  you. 

8. Who May Drive the Car? You represent to Company that you are a capable and validly  licensed driver and will remain a capable and validly licensed driver throughout the term  of your rental. You agree that we have the right to verify that your license has been validly  issued and is in good standing (not suspended, revoked or otherwise restricted in any  way) as a condition precedent to each rental; and that we may in our sole discretion refuse  to rent to you if your license is not in good standing. Providing false information or driver  license could result in persecution under penalty of law. We reserve the right to deny  rentals based upon (i) information about your license status, (ii) authenticity of your driver’s  license or other credentials, (iii) the inability to verify your identity or payment methods,  (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that  issued your license, or (v) any other information received from any other source in the  business of validating an identity or the driver’s license credential that we believe to be  reliable. We reserve the right to validate your driving credentials and license good standing  periodically without notice to you except as required by law. Except where otherwise  specifically authorized by applicable law, only you, your spouse or domestic partner, or, if  you rent from us under your employer’s corporate account agreement, your employer or  a regular fellow employee incidental to business duties may drive the car (each a  “Permitted Driver”), but only with your prior permission. Any Permitted Driver must be at  least 23 years old and must also be a capable and validly licensed driver at all times during  which such person is operating the car. Any person other than you or a Permitted Driver  that operates the car must sign an additional driver form at the time of the rental. We may  charge for each additional driver authorized to drive the car, which will be specified on the Rental Contract. You acknowledge that you will remain financially responsible under the  Rental Agreement at all times even if the car is operated by a Permitted Driver or someone  other than yourself. Violation of this provision will subject Renter to a $1,000.00 fine for  unauthorized use. 

9. Return of the Car. You agree to return the car to us in the same condition you received  it, ordinary wear and tear excepted, on the date, at the time and to the location specified  _______________________________________. You must return it sooner on our  demand. If you return it earlier or later, a different or higher rental rate may apply and, if  returned later, you may also be charged a late return fee. If you wish to extend any rental  you must contact us at _____________________ or use a method we approve to request 

__________________ 

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the extension before your return date. We may or may not grant an extension or decline  to grant it for the entire period you request, in our sole discretion. 

10. Repossessing the Car. We can repossess the car at any time in our sole discretion for  reasons that include but are not limited to the following: Rental is not returned as at when  due, the car is found illegally parked, being used to violate the law or the terms of the  Rental Agreement or appears to be abandoned. You agree that we need not notify you in  advance and that we may take any actions reasonably necessary to obtain possession of the car. If the car is repossessed, you agree to pay or reimburse us for the actual and  reasonable costs incurred by us to repossess the car. You agree that such costs will be  charged to the credit or debit card or account you used to rent the car. You will also forfeit  your security deposit if car is repossessed. 

11. Damage to/Loss of the Car. Renter agrees to return the Rental Vehicle in the same  condition as it was received, ordinary wear and tear excepted. If the Rental Vehicle  experiences mechanical issues, is damaged or destroyed while in the possession of the  Renter, Renter agrees to immediately notify Company, pay any required insurance  deductible and also assign all rights to collect insurance proceeds to Company. Renter  shall cooperate with Company throughout the entirety of the insurance claims process. 

Renter shall provide a copy of all documentation in connection with the damage and/or  loss, such as the police report, incident photos, witness statements, etc. Renter shall be  responsible for any damage to the rental vehicle as a result of Renter tampering with the  vehicle or trying to fix any issues with the vehicle.  

If the car is lost or damaged you are responsible and you will pay us for all loss of or  damage to the car regardless of cause, or who, or what caused it. If the car is damaged,  you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the  car in its damaged condition, you will pay the difference between the car’s retail fair market  value before it was damaged and the sale proceeds. Where permitted by law, you  authorize us to charge you for the actual cost of repair or replacement of lost or damaged  items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time  of return. If the car is stolen and not recovered, you will pay us the car’s fair market value  before it was stolen. As part of our loss, you will also pay for loss of use of the car, without  regard to our fleet utilization, plus an administrative fee, plus towing and storage charges,  if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card  benefit, travel insurance or such other insurance or benefits, you authorize us to contact  the benefit provider directly on your behalf and you assign all of your benefits directly to  us to recover all consequential and incidental damages, including but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less  salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and  administrative fees. If we collect our loss from a third party after we have collected our  loss from you, we will refund the difference, if any, between what you paid us and what  we collected from the third party. If the law of a jurisdiction covering this rental requires  conditions on LDW that are different than the terms of the Rental Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You  understand that you are not authorized to repair or have the car repaired without our  express prior written consent. If you repair or have the car repaired without our consent,  you will pay the estimated cost to restore the car to the condition it was in prior to your 

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rental. If we authorize you to have the car repaired and the cost of repair is our  responsibility, we will reimburse you for those repairs only if you give us the repair receipt. 

12. Prohibited use of the Car. Certain uses of the car and other actions you or a driver may  take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS  PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN  EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL  SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO  SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE,  PERSONAL EFFECTS INSURANCE, ANY ROADSIDE ASSISTANCE PLAN,  EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER (LDW) OR  PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL  PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES  AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the  following occurs: 

A. You use or permit the car to be used: 1) by anyone other than an authorized driver, as  defined in paragraph 5; 2) to carry passengers or property for hire or more passengers  than the car has seat belts to carry; 3) to tow or push anything; 4) to be operated in a  test, race or contest or on unpaved roads; 5) while the driver is under the influence of  alcohol, any controlled substance, including without limitation, any federally controlled  substance listed under the Controlled Substance Act, Title 21 of the United States  Code (a “Controlled Substance”), or medications that affect vehicle operation and/or  constitute driving while impaired under applicable law; 6) for conduct that could be  charged as a crime such as a felony or misdemeanor, including the transportation of  a Controlled Substance or contraband, stolen goods, illegal devices, or persons  protected by prohibitions against human trafficking; 7) recklessly or while overloaded;  or 8) if the car is driven into Mexico without our expressed permission. 

B. You or an additional driver, whether authorized or not: 1) fail to promptly report to  Company any damage to or loss of the car when it occurs or when you learn of it and  provide us with a written accident/incident report or fail to cooperate with our  investigation; 2) Where required by law, failed to report an accident to law  enforcement; 3) obtained the car through fraud or misrepresentation; 4) leave the car  and fail to remove the keys (or key fobs) or close and lock all doors, close all windows  and the trunk and the car is stolen or vandalized; or 5) intentionally or with willful  disregard cause or allow damage to the car. C. You or an additional driver, whether  authorized or not return the car after hours and the car is damaged, stolen or  vandalized or you otherwise fail to take reasonable steps to secure the car, its keys,  key fobs, or other remote entry and starting devices. D. Driving or operating this car  while using a hand-held wireless communication device or other device that can  receive or transmitting telephonic communications, electronic data, mail, or text  messages shall be deemed a breach of the Rental Agreement. 

13. Fuel Service Charge. Most rentals come with a full tank of fuel, but that is not always the  case. 

1) You may avoid a fuel service charge if you return the car with the fuel tank as full as  when you received it and, if requested by us, present a receipt for your fuel purchase. If 

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you put fuel into the car, you must use the correct fuel. Renter will be responsible for any  damage to vehicle as a result of not using the correct fuel type. If unsure call company  officer and ask. 

14. Security Deposit. Renter will be required to provide a security deposit to Company in the  amount of [ ] (“Security Deposit”) to be used in the event of loss or damage to the  Rental Vehicle during the term of this agreement. Company may, in lieu of collection of a  security deposit, place a hold on a credit card in the same amount. Upon the return of the  rental vehicle pursuant to the terms of this agreement, Company shall return the security  deposit within 72 hours of the return date. In the event of damage to the Rental Vehicle,  Company will apply the ENTIRE Security Deposit to defray the costs of necessary repairs  or replacement. If the cost for repair or replacement of damage to the Rental Vehicle  exceeds the amount of the Security Deposit, Renter will be responsible for payment to the  Company of the balance of this cost. Any late returns, physical or mechanical damage whatsoever to the vehicle or smoking in the vehicle will result in complete forfeiture of the  deposit. NO EXCEPTIONS. 

15. Property in the Car. We are not responsible for loss of, theft, or damage to any property  in or on the car, in any service vehicle, such as a transit van or bus, on our premises, or  received or handled by us, regardless of who is at fault. You will be responsible to us for  claims by others for loss or damage caused by your property. 

16. Insurance. The Renter must provide to Company with proof of insurance that would cover  damage to the Rental Vehicle at the time this Car Rental Agreement is signed, as well as  personal injury to the Renter, passengers in the Rented Vehicle, and other persons or  property where applicable. If the Rental Vehicle is damaged or destroyed while it is in the  possession of Renter, Renter agrees to pay any required insurance deductible and assign  all rights to collect insurance proceeds to Company. Renter may elect to use Company’s  commercial insurance where applicable.  

17. Indemnification. Renter agrees to indemnify, defend, and hold harmless the Company for any loss, damage, or legal actions against the Company because of Renter’s operation  or use of the Rented Vehicle during the term of this Car Rental Agreement. This includes  any attorney fees necessarily incurred for these purposes. Renter will also pay for any  parking tickets, moving violations, or other citations received while in possession of the Rented Vehicle. 

18. Collections. If you do not pay all amounts due to us under the Rental Agreement upon  demand, including all charges, fees, expenses, fines, penalties, and all matters associated  with the rental of the car including, without limitation, payment for loss of or damage to the  car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing,  storage and impoundment fees, we will take the following actions: a) You agree to pay a  late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted  by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for  any costs that we incur in seeking to collect such Charges including, without limitation,  court costs and attorney’s fees in addition to any administrative fees, cost of recovery,  insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you  authorize us and our collection agent, to contact you or your employer, at your place of  business about the payment of any past due Charges or Costs.

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19. Representations and Warranties. Company represents and warrants that to Company’s  knowledge, the Rental Vehicle is in good condition and is safe for ordinary operation of  the vehicle. Renter represents and warrants that Renter is legally entitled to operate a  motor vehicle under the laws of this jurisdiction and will not operate it in violation of any  laws, or in any negligent or illegal manner. Renter has been given an opportunity to  examine the Rental Vehicle in advance of taking possession of it, and upon such  inspection, is not aware of any damage existing on the vehicle other than that notated by 

separate Existing Damage document. 

20. Confidentiality. Renter agrees to keep all information confidential regarding business  plans, products, services, trade secrets, customer information, prices, analytics data and  any other information that could be considered proprietary to Company (“Confidential  Information”). Renter understands that disclosure of Confidential Information could  irreparably harm Company and therefore entitles Company to losses and/or damages to  full extent permitted by law, including reasonable attorney fees. 

21. Waiver. Neither Party shall be deemed to have waived any provision of this Agreement  or the exercise of any rights held under this Agreement unless such waiver is made  expressly and in writing. Waiver by either Party of a breach or violation of any provision of  this Agreement shall not constitute a waiver of any subsequent or other breach or  violation.  

22. Severability. If any provision of this Agreement shall be held to be invalid or  unenforceable for any reason, that provision shall be considered removed from this  Agreement, and the remaining provisions shall continue to be valid and enforceable  according to the intentions of the Parties. However, if a court or arbitration panel finds that  any provision of this Agreement is invalid or unenforceable as currently written, but that  by rewriting or limiting such provision it would become valid and enforceable, then such  provision shall be deemed to be written, construed, and enforced as is necessary to further  the intent of the Parties to the maximum extent permitted by law. 

23. Binding Effect; Assignment. The rights and obligations of Company under this  Agreement shall inure to the benefit of and shall be binding upon the successors and  assigns of Company. The rights, obligations, and interests of Renter hereunder may not  be sold, assigned, transferred, pledged, or hypothecated without prior written consent of  the Company. 

24. Governing Law. If any dispute arises under this agreement, the parties shall negotiate in  good faith to settle the dispute. If the parties cannot resolve such dispute themselves, then  either party must submit the dispute to mediation prior to submitting the dispute to  litigation. The terms of this Agreement and the rights of the Parties hereto shall be  governed exclusively by and interpreted in accordance with the laws of the State of  Georgia, without regard to the conflicts of laws and principles thereof. 

25. Headings. Headings for the paragraphs herein are for convenience only and shall not be  construed in interpreting this Agreement.

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26. Counterparts; Electronic Signature. This Agreement may be executed in counterparts,  including by facsimile, email, or other electronic transmission, each an original but all  considered part of one Agreement. Electronic signatures placed upon counterparts of this  Agreement by a Party or their approved agent shall be considered valid representations  of that Party’s signature. 

27. Notice. Any notice required or permitted to be given under this Agreement shall be  sufficient if in writing and if sent by certified or registered mail, return receipt requested, to  the Parties at the addresses provided herein or any other address so specified in writing  by a Party. 

28. Entire Agreement. This Car Rental Agreement constitutes the entire agreement between  the Parties with respect to this rental arrangement. No modification to this agreement can  be made unless in writing signed by both Parties. Any notice required to be given to the  other party will be made to the contact information provided herein. There are no refunds  for cancellations once vehicle is reserved or if vehicle breaks down during the course of  the rental. Company will extend the rental period to accommodate lost time. However, in  the event that the damage was due to negligence on the part of the renter, Company  reserves the right to cancel the remainder of the rental without issuing a refund. However,  if the mechanical breakdown was due to a lack of maintenance on the part of Company,  reasonable care will be taken to extend the rental period or provide a substitute vehicle.  

29. Acknowledgments. 

The Parties acknowledge, understand, and accept: 

a. obligations under this Agreement; 

b. that they freely enter into this Agreement; 

c. the Parties have the right to seek independent advice at each Party’s expense; d. that the covenants made by and obligations imposed upon the Parties hereby are  fair, reasonable, and minimally necessary to protect the legitimate business  interests of the Company, and such covenants and obligations will not place an  undue burden upon Renter; 

e. that Renter has been provided with good and valuable consideration in return for  the execution of this Agreement; and 

f. that Parties have read all of the terms and conditions of this Agreement. 

COMPANY          

Xclusivibez LLC
1870 The Exchange, Suite 200
Atlanta, GA 30339  
 

By :_____________________  

Deron Bush, Owner 

 (470) 524-3999  

support@xclusivibez.com    

RENTER 

Driver’s License:____________________
Address:____________________
Telephone: ____________________
Email: ____________________

Print Name: ____________________
Signature: ____________________

Date: ____________________


If you have questions regarding this Car Rental contact support@xclusivibez.com at (470) 524-3999

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