A+
Racing Rental Agreement - Page 1 of 3
No Vehicle Will Be Driven Without
Reading and Signing This Contract. Without Exception
WHEREAS,
________________________________________________, hereinafter
known
as “Lessor” desires to lease from A+
Racing 14455 Meadow Dr. Grass Valley Ca. 95945 hereinafter known as “Lessee”, a Spec Miata
Race Car,
and
WHEREAS, the parties here to desire to
establish in writing the terms and conditions under which Lessor will lease
said car.
NOW,
THEREFORE, in consideration of the foregoing
the parties hereto agree as follows:
1.
Lessee will lease from the Lessor a Spec Miata race car for the following dates
(“Event”):
Sonoma__/__/__
T Hill __/__/__
Laguna__/__/__
2.
Lessee agrees to pay the sum of $______for the Event (“Rental Fee”).
The
Rental Fee is a flat fee for providing the car. No portion will be
returned
due to the Lessee’s inability to continue or If the car is damaged in the event
and is unable to continue. A $100 per day deposit is due to retain the
Race Car for your desired date(s). $
100 Deposit Per Day or by arrangement
4.
Lessee shall be responsible for all required credentials, entry fees, test day
fees,
racing
fuel (91 oct), protective clothing and helmet, travel
expenses, food & lodging expenses, (car comes with a full tank of gas per
day)
and
any other personal expenses.
5.
Lessee agrees to be responsible for the payment of any and all damage to the
car, including, but not limited to engine and body work caused as a result of
the use of said car. Lessee agrees to be held liable for damage to the car and
for damage to any trackside property caused as a result of a driving error by
the Lessee. If the car is damaged by the driving error of other driver(s) or
vehicle(s) on the course, the Lessee remains liable for all damage to the car
even if the Lessee may have no fault in the incident. Lessee shall be
responsible for damage to the car’s engine as a result of failing to monitor
the gauges. All repairs shall be made by A+
Racing (530) 277 6311
All
parts necessary for all repairs as well as labor charges will be the
responsibility of the Lessee. A labor charged of $80 per hour will be covered
by the Lessee.
6.
The undersigned shall indemnify, waive any and all claims against and hold A+ Racing Al Angulo (“Al”), harmless
from any and all claims arising from the conduct, management or the performance
of the job of renting, storing, preparing, repairing, transporting or
maintaining race cars. This agreement is applicable to race cars owned and/or
operated
by A+ Racing, Angulo, the
undersigned. This indemnity, waiver of claims and hold harmless agreement shall
apply to any and all conditions arising from any accident, injury, or damage
whatsoever caused by or to any person, or property by A+ Racing, Angulo; including, but not limited to, loss or total
destruction of property or severe injury or loss of life. Further, by execution
of this agreement, the undersigned hereby remises, releases, acquits, satisfies
and forever discharges A+ Racing,
Angulo and any companies affiliated with A+
Racing, Angulo, their respective present and former officers, directors, shareholders
and agents. This indemnity, Waiver of Claims and Hold Harmless Agreement
further discharges any and all relatives, family members, successors, assigns
and heirs of A+ Racing, Angulo. The
undersigned further
releases
A+ Racing, Al Angulo from any and
all liabilities from all, and all manners of actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, var
and
Hold Harmless Agreement shall apply to any matter, cause or thing whatsoever from
the beginning of time and until the end of time.
7.
As a result of the purposes for which the parties hereto have entered into this
agreement,
the provisions hereto are personal to Lessee and Lessor. Therefore,
neither
party shall assign his interest in this agreement.
8.
In the event that it becomes necessary for the Lessor to enforce any of the
provisions of this agreement, the Lessee shall be responsible for the payment
of all costs and fees, including legal fees, incurred in the prosecution of
said action if the Lessor is the successful litigant.
9.
The Lessor has not made and does not make any representation, warranty, or
covenant,
express or implied, with respect to the condition, quality, durability, or
suitability
of the car, except that the car was in “race worthy” condition prior to the
commencement
of the rental period and that the said car will pass the technical inspection
prior to the commencement of the event. The Lessor will not be
liable
to Lessee for any liability, loss, or damage caused or alleged to be caused
directly
or indirectly by the car, by any inadequacy thereof, or defect therein, or by
any incident in connection therewith.
10.
Lessee shall make no alterations to the car without the express consent of the
Lessor during the lease period.
11.
This document contains the entire agreement between the parties and any
modification
hereof shall be in writing and executed by both parties.
12.
Due to the extreme stresses of racing, there is no warranty expressed or
implied, on any products or services sold or leased from A+ Racing.
13.
This agreement shall be interpreted in accordance with the internal laws of the
State of California. Any dispute arising from the use of the car, this contract
or services provided will be settled in the County of Nevada, State of
California.
14.
In the event of a cancellation by the Lessee, a 14 day notice must be given to
A+ Racing.
If the vehicle can be rented to another customer, the deposit will be refunded.
If not, the deposit shall be retained to cover the cost of preparing the car.
15.
In the event of a total loss of the vehicle the customer would have two
choices.
A)
Pay off for total damages and the vehicle remains property of A+ Racing $10,000.00
B)
Pay off for total damages and customer retains the vehicle $14,000.00
IN
WITNESS WHEREOF, the parties hereunto execute this agreement this _______ day
of________________, 20_____.
Lessor:
___________________________________DATE______
Al
Angulo A+ Racing
By
signing this agreement, you are stating that you have read and agree to all of
the conditions of this rental contract.
Lessee:
___________________________________ DATE______
Contact
Information:
Address:
Phone Numbers:
Note:
Any damages i.e. Flat Spotting or
damaging a tire will incur a $75.00 minimum charge add to the price of the
rental. By initialing this note I have
read and understand its content.
INT.______