TERMS AND CONDITIONS
Renter agrees by Renter’s signature on the front of this Agreement that Renter has read, is aware of, and accepts full responsibility for the terms and conditions contained in this Agreement, not withstanding that a reservation for vehicle may have been arranged by a third party, that a third party may pay for all or part of the rental bill and/or that a third party may negotiate certain terms of rental, including but not limited to the type of vehicle, type of rental, rental rate and/or selection of optional products. The Renter authorizes owner through credit agencies or other sources the personal and credit information provided by Renter. This Agreement which consists of pages 1 - 6 is the entire Agreement between Renter and Owner and cannot be altered by another document or oral Agreement unless agreed to in writing and signed by Renter and Owner. 1) Ownership/Vehicle Condition/Warranty Exclusion Owner for the purpose of this Agreement is the “OWNER OF THE VEHICLE” shown on the top of page 6. Renter acknowledges that the rented Vehicle (“Vehicle”) is by Ownership, beneficial interest or lease, property of Owner, even if owned, registered or titled to a third party. Renter agrees Renter received Vehicle in good physical and mechanical condition. RENTER IS RENTING VEHICLE “AS IS” AND HAS HAD AN OPPORTUNITY TO INSPECT VEHICLE AND ITS OPERATION BEFORE LEAVING OWNER’S PREMISES. OWNER EXCLUDES ALL WARRANTIES AND CONDITIONS BOTH EXPRESSED AND IMPLIED, WITH RESPECT TO THE VEHICLE INCLUDING IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees to return Vehicle to Owner on or before return date stated on page 1 of the Agreement or on Owner’s demand and in same condition as received, ordinary wear and tear expected. If Renter determines Vehicle is unsafe, Renter shall stop operating Vehicle and notify Owner immediately. Payment by Renter 1. For all daily items designated “per day”: i) If page 6 indicates “day = 24 hour period”, a day is each consecutive 24 hour period. ii) If page 6 indicates “day = calendar day”, a day is each consecutive full or partial calendar day. iii) All charges are for a minimum of 1 day. 2. Rental shall pay Owner on demand as set forth on page 6 of this Agreement: i) The day and hour charges from the time the Renter rented Vehicle until Vehicle is returned to Owner (the Rental Period). The hourly charge if shown on page 6 shall apply to each full or partial hour in excess of rental day. The hourly charges shall not exceed the cost of one additional day. If Renter returns vehicle during non-business hours or to any place other than the original rental office, Renter is responsible for all rental charges until an employee of Owner checks in Vehicle. ii) The optional services and/or products charges for those items accepted by Renter. iii) The taxes, fees, surcharges, and other charges. 3. Additional Obligations of Renter – unless prohibited by law Renter shall pay Owner on demand: i) A Vehicle recovery fee will be charged at cost determined by Owner to Renter; between return location and original rental office if Renter returns Vehicle to a location other than the original Rental Office. ii) For damage to or theft of Vehicle including all related costs (see paragraph 9). iii) All fines, costs and legal fees for legal violations incurred by Renter (or any other persons while Vehicle in possession of Renter) against Vehicle occurring during Rental period. Owner may charge an administrative fee. A late charge of 1½% per month (18% per year), not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period. All expenses incurred by Owner in the collections of amounts due Owner under this Agreement or in regaining possession of this Vehicle or in enforcing any term or condition of this Agreement, including legal fees, Owners administrative fees, and any other costs or expenses incurred by Owner.
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RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT CHARGES ON RENTER’S CREDIT CARD(S) AND/OR DEBIT CARD(S) WHEN A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY, INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. Owner limits the amount of available cash in each of its offices. Therefore, upon return of Vehicle rented with a cash deposit, any excess cash or cash equivalent may be refunded by cheque issued by Owner’s administrative offices, which refund may take several days. All charges are subject to final audit by Owner. Note: Owner does not accept credit/debit cards at this time therefore damage deposit and invoice amount must be paid by Certified Cheque until further notice by Owner. 3) Reservations A deposit of 50% of the total rental charge (minimum of $75.00) is required to confirm and hold a reservation. Deposits must be paid by Certified Cheque 4 weeks before departure. This deposit will be applied to the final rental charge as per this Agreement. 4) Cancellation of Rental Agreement A cancellation fee of $25.00 will be charged. If notice of cancellation is not provided by Renter 7 days prior to departure then Renter will loose the security deposit. This clause is subject to Owner’s discretion if cancellation is due to a medical emergency. Cancellation before the 7 days; the security deposit may be refunded, subject to final audit of Owner and by cheque from the Owner’s administrative office; which may take a few days. In the event that the Vehicle is not available due to circumstances beyond the control of the Owner, the Renter shall be entitled to the return of his/her deposit and specifically releases the Owner from any further liability and/or damages. 5) Payment of Rental Agreement All remaining payment after 50% deposit of Rental Agreement is due upon time of check-out of Vehicle. Payment can be made by certified cheque or cash. There will be NO refund for early returns or late pick ups. Any additional charges incurred after check-in as determined by Owner will be due immediately upon return. 6) Membership Fee A membership fee of $10.00 will be required at time of pick up of Vehicle. This may be paid by Certified Cheque or cash. This fee entitles the member to have the right to elect the Board of Director’s at each annual meeting held on or before April 30th in each year, plus receive a twice yearly newsletter. The membership is due on annual basis in conjunction with a rental. 7) Limits on Use and Termination of Right of Use 1. Renter agrees to the following limits of use:
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Vehicle shall not be driven by any person other than Renter or Additional Authorized Driver(s) without Owner’s prior written consent. ii) Vehicle shall not be used for transporting persons or property for hire or driver training. iii) Vehicle shall not be used for any illegal purposes or in any illegal or reckless manner. iv) Renter shall not remove any items attached or detached from Vehicle. v) Vehicle shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants or drugs, used without a prescription. Renter must provide Owner with a list of prescribed medications used during Rental Period. vi) Vehicle shall not be driven or taken outside the provinces and states authorized on page 1 of the Agreement. vii) Vehicle shall not be operated by anyone who has given a fictitious name, false address, false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle. viii) Renter shall not transfer or assign this Agreement and/or sublease this Vehicle. ix) Vehicle shall not be used to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind of nature. 2. In the event of any violation of the limits on use or any other provision of this Agreement, Owner automatically, without any further notice to Renter or Authorized Additional Driver, terminates their rights to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or Additional Authorized Driver. Renter and Additional Authorized Driver hereby waive all claims for damages connected with such seizure, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office. 3. If Renter or Additional Authorized Driver(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and Additional Authorized Driver(s) hereby release and discharge Owner from any liability arising from such notice. Accidents Accidents involving Vehicle must be immediately reported in writing to the Rental Office where Vehicle was rented, and in no event later than the following business day after the accident. Renter or Authorized Additional Driver(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter and Additional Authorized Driver(s) shall cooperate fully with Owner. Damage to, Loss or Theft of, Vehicle and related costs Renter accepts responsibility for damage to, loss or theft of, Vehicle or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle. However, if Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purpose of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. Damages for which Renter is also responsible include but are not limited to loss of use, claim administrative fees, diminishment of value, storage or impound fees, and other costs
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incurred by Owner to recover Vehicle and to establish damages. If Renter returns vehicle during nonbusiness hours or to any place other than the original rental office, Renter is responsible for any and all damages until an employee of Owner checks in Vehicle. Renter shall not have Vehicle repaired without permission from Owner. Vehicle Comprehensive and Liability Insurance Owner has arranged for all comprehensive, liability and third party liability insurance coverage for Vehicle with Ing & McKee Insurance to provide coverage in accordance with standard insurance policy. The Renter is responsible for deductible upon willful damage or neglect. Owner has third person liability coverage of $2,000,000 on Vehicle. Renter is responsible for all comprehensive and liability coverage for pull vehicle. All claims must be submitted with a complete written accident report. Owner does not otherwise extend any of its vehicle financial responsibility or provide insurance coverage to Renter, Drivers, passengers or third parties. Indemnification by Renter and Driver 1. Renter and driver(s) shall defend, indemnify, and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, legal fees, and other expenses incurred by Owner in any manner from this rental transaction, or from the use of Vehicle and equipment by any person. 2. In the event of an accident or occurrence that may cause legal liability to be imposed on Owner, i) Renter shall indemnify and hold harmless Owner for the amount of any such liability if the Vehicle was: a) In the possession of any person other than the Renter; or b) Being used in the contravention of the terms and conditions of this Rental Agreement. ii) Renter shall indemnify and hold harmless Owner with respect to costs imposed on the Owner that exceeds the limit of the coverage of Owner’s primary comprehensive insurance coverage as described in paragraph 10 above. Personal Injury Accident Benefits and Uninsured/ Unidentified Motorist Protection Except as required by law, or as provided by the insurance described in paragraph 10, Owner does not provide personal injury Accident Benefits protection, or Uninsured/Unidentified Motorist protection through this Agreement. Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects any such protection in excess of the minimum amounts required by law. Personal Property Owner is not responsible for any damage to or theft of Renter’s personal property, whether the damage or theft occurs during or after termination of the Rental Transaction. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in, or left in Vehicle or on Owner’s premises. Operation outside of Canada Vehicle shall not be driven or taken outside the Provinces and States authorized on page 6 of this Agreement. Renter must have written approval by Owner prior to taking Vehicle outside the specified area on page 6 of the Rental Agreement. The allowable area is Western Canada which consists of British Columbia, Alberta, Saskatchewan and Manitoba. Third Party Proceeds If a third party, including, without limitation, an insurance company, authorizes payment for any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Agreement; provided however,
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certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “per day” charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “per day” charge as calculated under this Agreement; or third party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to Vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for Vehicle upgrades, optional products, extra rental days, and all other charges. Power of Attorney Renter hereby grants and appoints to Owner a Limited Power of Attorney: 1. to present insurance claims of any type to Renter’s insurance carrier 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. 2. to endorse Renter’s name to entitle Owner to receive insurance payments directly from any such claims, damages, liabilities or rental charges. 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. Where both a French and English version of this Agreement has been provided, the English version shall govern on any questions of interpretation and in resolution of any ambiguity or conflict. Limitation of Remedy/No Consequential Damages If Owner breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter and if Owner is liable under applicable law for such breach or Vehicle failure, Owner’s sole liability to Renter and Renter’s sole remedy is limited to reimbursement of all monies paid by Renter under this Agreement. RENTER WAIVES ALL CLAIMS FOR CONSEQUENTIAL PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER AND SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER. Dialysis Machine and Related Equipment The Vehicle is equipped with a Dialysis Machine (DM) (model # on page 5) and Reverse Osmosis Water System (RO) (model # on page 5). Renter releases all responsibility and holds Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, legal fees, and other unforeseen circumstances regarding this equipment. Renter is solely responsible for and will be billed accordingly as follows: 1. The DM and RO are insured under the Capital Health Authority through the University of Alberta Hospital’s Renal Program’s insurance policy. The deductible is the sole responsibility of Renter should a willful-act claim be processed for damages, loss, theft and/or any other claims against dialysis equipment; 2. Any damages or maintenance problems experienced during the Rental Period, pertaining to the DM and/or RO must be reported to Owner of Vehicle immediately and a written report provided upon Vehicle’s return. Owner is not liable or responsible for damages incurred during rental period; 3. Owner is NOT liable for any DM or RO equipment failure during duration of rental period. Should the dialysis patient not be able to do their treatment in the event of equipment failure
beyond their control, the Renter is responsible for returning Vehicle to Owner’s rental office and Owner may refund Renter the remainder of the Rental Period under this Agreement. All refunds will be issued by cheque by Owner’s administrative offices, which may take several days. All refunds are subject to final audit by Owner; 4. With respect to the dialysis patient’s medical condition; Renter, dialysis patient, and all other persons related; hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, legal fees and all other unforeseen claims. Should a dialysis patient require medical treatment of any kind during the rental period, the patient must seek own treatment at the nearest hospital emergency ward or clinic. The dialysis patient must provide own 24 hour phone support from a nurse in their respective dialysis unit. The Owner will provide a technician through the University of Alberta Hospital; Capital Health Authority. 20) Required Medical Tests The dialysis patient renting the Vehicle will have to submit to the following tests for approval of rental by Owner: i) blood tests for HIV & Hepatitis A & B. ii) swabs of the nose and groin area testing for super bugs MSRA and VRE. These tests will be asked to be taken approximately one (1) month before the patients’ scheduled trip. Should a test come up positive, Traveling Dialysis RV Association will NOT accept this client until such time the tests are negative again. All tests must be done through the designated hospital of the dialysis patient and forwarded to Owner in a timely manner. Traveling Dialysis RV Association will maintain this protocol for the protection of all its’ other clients. There will be no exceptions. 21) Headings The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this Agreement and do not in any way limit, modify or amplify the terms and conditions of the Agreement. 22) Release of Information to Third Parties Renter further acknowledges and agrees that Renter’s personal information supplied hereunder may, from time to time, be disclosed to other affiliates of Owner and to Owner’s agents and licensees, in order to service Renter’s account with Owner, respond to Renter’s questions, promote additional products and services offered by Owner that may interest Renter, and to third parties such as insurance companies and others as further detailed in Owner’s privacy policy described below. Owner may also disclose Renter’s personal information to perform a credit check or in any effort undertaken by Owner to collect any outstanding debts or other fees which are due and owing to Owner pursuant to the Agreement. Renter consents to Owner’s collection, disclosure and retention of the personal information supplied hereunder. The collection, uses and disclosure of personal information is subject to the Owner’s privacy policies referenced below. In the event Renter wishes to comment on or review any of Renter’s personal information which Owner has retained, or in the event Renter wishes to object to any of the foregoing, Renter should contact Owner at 1-403-346-1706 or 1-403-343-7458 to review Owner’s privacy policy by visiting Owner’s website at www.travelingdialysisrvassociation.com or request copies from Owner’s office location for further details and contact information.
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ADDITIONAL TERMS AND CONDITIONS
1) Check-in and check-out times: Daily Rentals: Check-out: Check-in: Between 8:00am and 10:00am Between 4:00pm and 6:00pm The person picking up the
Renter must call 24 hours prior to pick up to confirm time of pick up. Vehicle must personally sign the Rental Agreement.
A penalty of $50.00 per hour is charged to Renter for any late returns unless prior notice has been provided to Owner. RENTER______ A minimum of one to two hours is required to familiarize the Renter with the Vehicle and dialysis equipment prior to departure. A minimum of one hour is required upon return for the renter to give “feedback” of trip to Owner. A valid driver’s license and liability insurance must be provided by Renter and all other driver(s).
2) Security Deposit A security deposit of $300.00 by Certified Cheque is required at the time of pickup of Vehicle; which will be refunded upon return of a clean and undamaged Vehicle. All refunds are subject to final audit of Owner. RENTER______ 3) Cleaning of Vehicle The Vehicle must be returned to Owner in a clean condition inside and outside. All holding tanks must be empty upon check-in. A fee of $50.00 will be charged in the event the Vehicle is returned soiled. Another fee of $50.00 will be charged for emptying holding tanks if Renter failed to dump all tanks. These fees will be subject to final audit of Owner. RENTER______ Propane All propane refueling during the rental period are at the Renter’s expense. All propane tanks are full upon departure and must be returned full. If not full upon return a fee of $100.00 will be charged by the Owner. RENTER______ Pets Most pets are allowed upon the notification of the Owner. Smoking All Vehicles are non-smoking. The security deposit will NOT be refunded if the Vehicle smells of smoke or shows any evidence of smoking activity. Additional charges may be applied. RENTER______ Fish No fish allowed in the refrigerator. A minimum fee of $25.00 will be charged for a refrigerator requiring additional cleaning and deodorizing. This is over and above the general cleaning fee charged above and will be subject to final audit of Owner. Renter should bring own cooler for fish storage. RENTER______ Pull Vehicle Specifications 20’ Westwind Trailer 2006: requires a 2 5/16 inch ball with a height of 22 inches from ground to top of ball. The Renter is solely responsible for ensuring that the tow vehicle is adequate for towing this size of trailer. The Owner reserves the right to refuse rental of trailer unit if hitch/wiring appears to be inadequate or unsafe, at which point no refunds will be made.
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All prices and specifications are subject to change without notice, however, once booked, prices will not change. Traveling Dialysis RV Association reserves the right to refuse rental service to anyone.
September 14, 2007
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MEDICAL DISCLAIMER
Patient Name: ________________________________________________________ Location of Dialysis Unit: _______________________________________________ Physician:
1. I, ______________________________, have requested the following treatment: HOME HEMODIALYSIS (the “Dialysis Treatment”) with Traveling Dialysis RV Association during the Rental Period as signed on my Agreement (see page 1). I acknowledge that the success of my Dialysis Treatment depends on my compliance with the conditions and responsibilities set out below and that my safety is of utmost importance to the Capital Health Authority Northern Alberta Renal Program (“the “Program”) and Traveling Dialysis RV Association (Owner). I understand that failure to comply with these conditions and responsibilities may result in immediate termination of Agreement and that I will not be considered as a future client with Traveling Dialysis RV Association. I understand and agree with the following conditions and responsibilities: The dialysis machine and all water treatment equipment (the “Equipment“) are on loan to me for the duration of my Rental Period. The Equipment is not to be removed from the Vehicle specified above without the consent of the Traveling Dialysis RV Association. I have received the Equipment in good working order. The Equipment must be maintained and kept safe. I am solely responsible for the cost of repair or replacement if the Equipment is not returned in the same condition as when it was checked out (subject to reasonable wear and tear). At the end of the Rental Period, this contract is terminated. My Program physician and dialysis nurse will be available if I require treatment assistance during my Rental Period. I will immediately communicate to Traveling Dialysis RV Association, nurse and/or technician any problems that arise with the Equipment or with my Dialysis Treatment. The procedures taught during my training period are to ensure my safety during the Rental Period. I will continue to follow all instructions as taught. I understand and am satisfied with the instructions I received in the safe use of the Equipment and am confident that I am capable of performing my Dialysis Treatment during my Rental Period within this Agreement. I have been given the opportunity to ask questions of the Traveling Dialysis RV Association Representative about the Equipment and my Dialysis Treatment and have had all questions answered to my satisfaction. There are some risks associated with this mobile Dialysis Treatment. Adhering to all instructions and procedures as taught will minimize these risks. I am accepting sole responsibility for my own care by choosing to have Dialysis Treatment within the duration of the Rental Period as I believe the benefits of this opportunity out weigh the risks. I hereby release and hold harmless the Capital Health Authority - Northern Alberta Renal Program - and all its employees, agents and contractors from any liability, loss, or damage rising out of my actions or omissions related to the Dialysis Treatment. I also hereby release and hold harmless Traveling Dialysis RV Association and its board of directors, volunteers and all employees, agents and contractors from any liability, loss or damage rising out of my actions or omissions related to the Dialysis Treatment during the Rental Period. THIS IS A WAIVER OF BODILY INJURY OR DEATH DUE TO NEGLECT OR DIALYSIS EQUIPMENT MALFUNCTION OR FAILURE. __________________________ Date __________________________ Travel Dialysis RV Association Representative Commencement Date: Expiry Date:
September 14, 2007
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_________________________________ Patient’s Signature _________________________________ Print Name _________________________________ _________________________________
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