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Vehicle Lending Agreement (non-financial) Employer

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Vehicle Lending Agreement (non-financial) Employer
Vehicle Lending Agreement (non-financial)

Employer/Employee



This attorney drafted Vehicle Lending Agreement (non-financial)

sets forth the terms of a motor vehicle rental between two parties,

where there is no financial consideration being exchanged. This

form would be best used between two parties who do not have an

employee/employer relationship.









ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,

EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND

COMPLETENESS. They are for guidance and should be modified to meet your needs and the

laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or

modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc

does not provide legal advice. The information and forms are not a substitute for the advice of

© Copyright 2011 Docstoc Inc. 1

your own attorney.

Vehicle Lending Agreement (non-financial) Employer/Employee

Made this ________ day of _______________, _____ [Instruction: Insert date.] by and

between _____ [Instruction: Insert vehicle Owner name.] (hereinafter “Owner”), and

________________ [Instruction: Insert vehicle Borrower name.] (hereinafter designated as

"Borrower”). The anticipated period of loan for the Vehicle shall be from ____ to ____.

[Instruction: Insert dates when vehicle will be borrowed.]

For and in consideration of the loan of that certain vehicle (more specifically hereinafter

described) by Owner to Borrower, it is mutually agreed as follows:

1. The subject Vehicle is _____ [Instruction: Insert vehicle information, including but

not limited to make, model, VIN number, color.] (hereinafter the “Vehicle”).

2. Optional language: Borrower is an employee of Owner, and as a function of

Borrower’s performance of his duties as Owner’s employee, Borrower is required to

use, and is being provided the Vehicle for business purposes.

3. Optional language: Borrower has been informed and understands that Owner is

NOT responsible for inspection, safety, maintenance, and/or repairs of said Vehicle

and Owner does NOT warrant and/or guarantee the mechanical condition and/or

safety of the Vehicle.

4. Borrower agrees that he/she will examine and inspect the Vehicle prior to taking

possession of it during the loan period. Borrower agrees that he/she will report in detail

any problems and/or concerns with the Vehicle immediately upon such inspection. In

the event Borrower fails to report any such problems and/or concerns, it shall be agreed

herein and deemed that no such problems and/or concerns exist.

5. Borrower uses the Vehicle in this condition at his/her own risk and agrees to advise

passengers, if any are permitted pursuant to this agreement, to do the same.

6. Optional language: Borrower understands, acknowledges and agrees that the

Vehicle will only be used for business purposes of Owner, and shall not be used for

Borrower’s personal use. Any use of the Vehicle other than this usage shall be

considered unauthorized, and in such event, this agreement may be deemed void in

Owner’s sole discretion, and Borrower shall immediately return the Vehicle to

Owner upon Owner’s request. [Comment: Parties may wish to revise this to reflect

whether the vehicle is for any other usages.]

7. Optional language: Depending on agreement of the parties, and whether or not

usage of Vehicle is being provided as part of the Borrower’s job duties, parties may

wish to consider including language regarding whether the use of the Vehicle is

deemed to constitute a portion of Borrower’s compensation, and also whether or not

usage of the Vehicle is subject to Borrower continuing to hold current position and

necessity of use of Vehicle to perform the job description.

8. Borrower understands, acknowledges and agrees that his permitted use of the Vehicle

shall terminate upon the termination of Borrower’s employment relationship with Owner.

9. Borrower agrees that he/she will NOT cause or allow the subject Vehicle to be loaned,

rented, or driven by any person other than Borrower or a person who has signed a





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Borrowed Vehicle Agreement and been approved by Owner. [Comment: If any other

person shall be permitted to operate the Vehicle, including Borrower’s spouse

and/or other persons employed by the Owner, please revise this language to state

same.]

10. Borrower has been informed and agrees that if the Vehicle becomes inoperable through

no fault of the Borrower, Owner will take reasonable steps to have the Vehicle repaired,

but makes no such guarantees of any ability to repair the Vehicle or provide the use of a

substitute vehicle.

11. Borrower agrees that while this Agreement is in force he/she will preserve and protect the

subject Vehicle from loss and/or damage. Borrower agrees to be liable for all costs of

repairs to the Vehicle that is not directly caused by Owner. Borrower assures Owner that

Borrower has confirmed that his own automobile insurance coverage will provide for

payment of loss in the event of any accident and will submit proof of such coverage with

this agreement. Borrower agrees that he/she will take no action during the duration of

this Agreement that could or would reduce, cancel and/or terminate the Borrower's

insurance coverage.

12. Borrower has been informed that use of the Vehicle is subject to all Federal, State and

Local laws, ordinances and regulations pertaining to the operation and handling of motor

vehicles. Borrower agrees that he/she will NOT use said Vehicle, cause or permit the

same to be used (including by any permitted passenger), in any manner whatsoever in

violation or contravention of any Federal, State and Local laws, ordinance or regulation,

including but not limited to seatbelt and cell phone usage as well as consumption of

alcoholic beverages and illegal substance laws.

13. Borrower shall be responsible to pay all fines, parking tickets, and other assessments for

any violations of traffic laws, ordinances or regulations imposed upon him, and any such

fines, tickets or other assessments shall not be reimbursed by Owner.

14. Borrower understands, acknowledges and agrees that in the event Borrower is found to be

in violation of any such Federal, State and/or Local laws, ordinances and/or regulations

pertaining to the operation and handling of motor vehicles may be subject to potential

disciplinary action by Owner up to and including termination.

15. Borrower agrees that in the event of any accident involving the Vehicle he/she will,

within one (1) hour following such accident, furnish to Owner a full and complete report

thereof, and will report such accident within the time and in the manner prescribed under

the provision of applicable state statute, or, in the event of loss or destruction of said

Vehicle or any of its accessories or of loss of possession thereof or inability to return

same to Owner on demand for any reason, whatsoever, Borrower will pay Owner the

market value of the Vehicle and reasonable market value for loss of accessories unless

otherwise specified in writing signed by all parties. Borrower further agrees it will

follow any and all additional requirements imposed by Owner regarding any such

accident.

16. Borrower agrees that all expenses incident to the maintenance of the subject Vehicle

which are caused by and/or related to Borrower's use of the Vehicle shall be borne solely

by Borrower, and Borrower further expressly agrees to hold harmless and indemnify

Owner against all claims and demand arising or resulting from Borrower’s use, storage





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and/or repairs of and to the subject Vehicle during the period of this Agreement

including, but NOT limited to, gasoline, towing charges, mechanics liens and parking

tickets. Borrower shall not be responsible for maintenance and/or repair costs which

were not caused directly by Borrower.

17. Borrower shall follow any and all rules set forth by Owner with respect to the usage of

such Vehicle, and hereby acknowledges and agrees that such rules are subject to change

at any time, in Owner’s sole discretion.

18. Borrower covenants and agrees with the Owner that he/she will forever hold harmless

and indemnify said Owner from any and all claims, demands, causes of action, attorneys’

fees and expenses of any nature arising or alleged to arise from the use, operation,

maintenance and ownership of the subject Vehicle while this Agreement remains in force

and effect, and to reimburse Owner for any loss or damage during said period, except as

otherwise set forth by applicable statute. Borrower agrees to pay to Agent and/or Owner

upon demand any and all reasonable sums expended by it for attorneys’ fees and court

costs in the event Owner files any action to recover possession of, the value of, and/or the

cost of repairing said Vehicle; or in the event Owner employs an attorney to defend it in

any sanction filed by Borrower, or anyone claiming for personal injuries, or property

damage, arising out of the use of the subject Vehicle while in the actual or constructive

possession of Borrower.

19. Borrower agrees that he/she will, at his sole risk and expense, maintain Bodily Injury and

Property Damage Liability Insurance covering the use of Vehicle during the time it is in

his/her possession and until it is returned to the Owner. Owner shall NOT be required to

carry or provide Bodily Injury or Property Damage Liability Insurance during said period

of time. [Comment: Parties may revise this language to reflect applicable insurance

coverage, if other than as set forth above.]

20. Borrower agrees that the use of the Vehicle is complimentary. Borrower agrees this

privilege can be revoked without notice and/or warning by Owner, in his sole discretion,

for any violation of this Agreement.

21. Borrower represents that he/she currently has a valid license to operate a motor vehicle.

Borrower agrees to notify Owner immediately if, for any reason, Borrower's license to

operate a motor vehicle is suspended or revoked for any period of the time covered by

this Agreement. Borrower represents the following information to be true and correct:

a. Borrower’s Full Name (please print) ___________________________________

b. Borrower's Driver's License Number _______________ State: _______

Expiration Date: ___________

c. Borrower's Insurance Company: _________________________________

d. Borrower's Insurance Policy No.: _________________

e. Expiration Date of Insurance Policy: ____________________

f. Insurance Agent's Name and telephone Number: _________________________

_________________________________

22. Borrower agrees that this Agreement is entered into in the State of _____ [Instruction:

Insert state.] and any disputes arising therefrom shall be interpreted and governed by





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_____ [Instruction: Insert applicable state.] law. Borrower agrees to submit to the

jurisdiction of the _____ [Instruction: Insert applicable information.] for any

litigation, arbitration and/or mediation regarding this Agreement.

It is further expressly agreed by and between the Parties hereto that the foregoing

constitutes the sole Agreement between the parties covering the loan of the subject Vehicle by

Owner to Borrower. Any changes and/or amendments to the terms of this Agreement must be in

writing and signed by both parties.

____________________

Signature of Borrower

____________________

Signature of Owner









© Copyright 2011 Docstoc Inc. 5


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