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Acknowledgement of the entire agreement which consists of all pages.

I have read and agree to the terms and conditions on all pages of this agreement; I am authorizing (Exotics Pass) to process charges on my credit card(s) and/or debit Card(s) for advance deposits, incremental authorizations/deposits, and charges incurred, as well as payments refused by a third party to whom billing was directed. I certify that the driver's license(s) presented is currently valid and is not suspended, expired, revoked, or surrendered. I hereby authorize (Exotics Pass) to conduct a DMV search on me and my additional driver(s). I hereby authorize (Exotics Pass) to contact my insurance company and obtain my insurance records and history.

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VALID DRIVERS LICENSE REQUIRED OF ALL DRIVERS.

PERSONAL INSURANCE REQUIRED - Full coverage, comprehensive and collision, that covers to FULL VALUE of the rental and covers the rental car is required from all drivers.

24 HOUR RENTAL PERIOD - same time pickup/drop-off. Additional charges apply for late drop offs, cancelations, and no shows.

​100 MILES PER 24 HOURS – An additional $4 - $7 surcharge per mile for additional miles will be charged to the card on file.

$250 PER HOUR FOR LATE DROP OFF 

$350 CANCELLATION FEE WITHIN 48 HOURS OF PICKUP TIME

$2500 SECURITY DEPOSIT FOR INCIDENTALS AND INFRACTIONS INCLUDING BUT NOT LIMITED TO ACCIDENTS, TOW, IMPOUNDS, PET AND SMOKING IN THE CAR

$100 FLAT RATE FOR GAS LEVEL BELOW PICKUP LEVEL 

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Exotics Pass

2060 Placentia Avenue, Ste 4A, Costa Mesa, CA 92627

The “Renter/Member/authorized driver/authorized person on the account” Information (referred to as “Renter”) and any additional Authorized Drivers, agree to the following agreement, except as required by law, none permitted without EXOTICS PASS written approval.

The rental period is for 24 hours. The pickup and drop off location are at: 2060 Placentia Avenue Ste 4A, Costa Mesa, CA 92627

Additional Authorized Driver(s) – Except as required by law, none permitted without EXOTICS PASS written approval.

The primary renter agrees to the following:

The additional authorized driver is under my control and direction to drive this vehicle for me and on my behalf, I am responsible for their acts while they are driving, and for fulfilling terms and conditions of this rental agreement. Use of vehicle by an unauthorized driver will affect my liability and rights under this agreement and will be a material breach of this agreement. If I allow a driver not authorized by (EXOTICS PASS) to operate this vehicle, I agree to be liable for all damages incurred by such a driver.

Acknowledgement of the entire agreement which consists of all pages.

I have read and agree to the terms and conditions on all pages of this agreement; I am authorizing (EXOTICS PASS) to process charges on my credit card(s) and/or debit Card(s) for advance deposits, incremental authorizations/deposits, and charges incurred, as well as payments refused by a third party to whom billing was directed. I certify that the driver's license(s) presented is currently valid and is not suspended, expired, revoked, or surrendered. I hereby authorize (EXOTICS PASS) to conduct a DMV search on me and my additional driver(s). I hereby authorize (EXOTICS PASS) to contact my insurance company and obtain my insurance records and history.

Additional Information/ Special Requirements:

No Smoking and no pets are allowed in any vehicle rented under this contract. Each violation of this contract for smoking inside a vehicle and/or having a pet inside a vehicle rented under this contract is

$500 per violation. This amount is in addition to any contract amounts stated in this contract.

Authorization:

I hereby authorize EXOTICS PASS, to obtain a consumer report which may include information pertaining to my credit, character, general reputation, personal characteristics, and/or means of living. This report may be compiled with information from credit bureaus, court records, departments of motor vehicles, or any other source required to verify information voluntarily supplied by me. I understand that I may request a complete and accurate disclosure of the background verification; to the extent such investigation contains information pertaining to my character, general reputation, personal characteristic, and/or means of living.

Cancellation Policy. I understand that upon making a reservation, EXOTICS PASS, may authorize my credit card for a damage/security deposit in the amount of $2,500 in the event of a cancellation or rescheduling, EXOTICS PASS will process that authorization as a credit and apply that amount toward the rescheduled rental. I further understand that if I cancel or reschedule less than 48 hours prior to my rental, I will be charged a $350 cancellation fee.

Limits on Use and Termination of Right to Use.

a. Renter and any Additional Driver agree to the following limits on use:

• Vehicle shall not be driven by any person other than Renter and Additional Driver(s) without

EXOTICS PASS's prior written consent.

• Vehicle shall not be used for transporting persons or property for hire; as a school bus; or for driver training.

• 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. Any and all speed occurrences over 100mph will be subject to a $250.00 fine per occurrence.

• Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer.

• Renter shall not remove any seats from Vehicle.

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

Vehicle shall not be driven or taken outside the State of California.

• Vehicle shall not be driven on an unpaved road or used off-road in any manner. Subject to a $1000.00 fine.

• 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 EXOTICS PASS; or who misrepresents or withholds facts to and/or from EXOTICS PASS in this agreement.

• Renter and any Additional Driver shall not transfer or assign this Agreement and/ or sublease Vehicle.

Vehicle shall not be used to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.

• In the event of a violation of these Prohibited Uses, EXOTICS PASS reserves the right to remotely disable and retrieve the Vehicle.

• Vehicle tracking/GPS devices shall not be tampered with and will be subject to a $1500.00 fine

In the event of any violation of the limits on use or any other provision of this agreement, EXOTICS PASS automatically, without any further notice to Renter or any Additional Driver, terminates their right to use Vehicle; and EXOTICS PASS retains any other rights and remedies proved by law. EXOTICS PASS has the right to seize Vehicle without legal process or notice to Renter or any Additional Driver. Renter and any Additional Driver hereby waive all claims for damages connected with such seizure and shall pay all expenses incurred by EXOTICS PASS in returning Vehicle to the rental office from where the Renter and any Additional Driver obtained possession of the Vehicle under this agreement.

If Renter or any Additional Driver continues to operate Vehicle after the right to do so is terminated, EXOTICS PASS has the right to notify police that Vehicle has been stolen. Renter and any Additional Driver hereby releases and discharges EXOTICS PASS from and indemnifies, defends and holds EXOTICS PASS harmless against any liability arising from such notice.

Renter(s) And Any Additional Driver Shall Forfeit Their Entire Rental Deposit Under This Agreement For All Violations Of Prohibited Uses.

Tickets. The Renter and any Additional Driver is responsible for all parking, traffic, speeding or other tickets or violations issued while the vehicle is being rented and must pay for any fees, penalties, towing charges, or impound costs. EXOTICS PASS reserves the right to charge the credit card on file for a period of 6 months of any charges incurred by traffic infractions, parking tickets, or toll road charges.

Mileage. The Total Allowed Mileage for the use of the Vehicle by Renter(s) and any Additional Drivers under this agreement is 100 MILES PER 24 HOURS. For each additional mile driven over the total Allowed Mileage, the Renter(s) and any Additional Drivers shall be charged a rate of $4.00 - $7.00 per mile for Additional Miles Cost. (The Total Allowed Mileage and Additional Mile Cost per mile are posted on the first page of this agreement). Vehicles driven over 400 miles per Rental Day shall be subject to a wear and tear surcharge of $5.00/mile over the daily limit. This surcharge is in addition to all other charges. A Rental Day is defined as the 24 hours that transpire that start when the Renter(s) and/or any Additional Drivers take possession of the Vehicle.

Damage Deposit. All Renter(s) and any Additional Driver must leave a damage deposit in the form of a credit card authorization or refundable cashier's check unless waived in writing by the EXOTICS PASS at the time this agreement is entered into by the parties. Damage Deposit ranges are determined solely by the EXOTICS PASS for each agreement and vary depending on the vehicle being rented. Any damage found on the vehicle upon return will be billed against this deposit. Damage deposits shall be made before EXOTICS PASS rents Vehicle to Renter(s) and any Additional Driver. If Vehicle rented has sustained damage due to an accident or neglect, Renter(s) and/or any Additional Driver authorize the damages to be charged against the damage deposit as determined solely by the EXOTICS PASS. Insurance Company of Renter(s) and any Additional Driver shall be held responsible for all repairs made to Vehicle as determined solely by the EXOTICS PASS, the diminished value to the Vehicle as determined solely by the EXOTICS PASS and payment of loss of use as determined solely by the EXOTICS PASS while Vehicle is inoperable.

Delivery/Pick-Up: EXOTICS PASS WILL PICK UP AND DROP OFF RENTER for a fee of

$199 for locations within 10 miles from the intersection of 19th Street and Placentia Avenue in the city of Costa Mesa. If Renter chooses to pick up Vehicle at the EXOTICS PASS's office, EXOTICS PASS offers free parking for Renter’s own vehicle for the duration of the Vehicle rented from EXOTICS PASS All pick-up and delivery arrangements with EXOTICS PASS must be confirmed at least 24 hours in advance in order to guarantee on-time service. Any changes to pick-up or delivery times/locations with less than 24 hours' notice shall incur an additional transportation fee. In short, EXOTICS PASS will do its absolute best to get Renter the Vehicle to rent when and where Renter wants this Vehicle, however if Renter changes his/her mind after EXOTICS PASS scheduled its staff, Renter shall incur an additional charge for this change. Customer's vehicles must be picked up at the time of rental return.

Return Times: Return times for the rented vehicle are set at the time when Renter and/or any Additional Driver obtains possession of the rented Vehicle. Once EXOTICS PASS has made a return appointment for the rented Vehicle, it cannot be changed. There will be a one-hour grace period from the scheduled return appointment for Renter to return rented Vehicle, after which Renter may be subject to additional daily/hourly rental fees ($250/hour). If the vehicle is returned 12 hours late or longer, EXOTICS PASS will be forced to charge a full day rate unless Renter made arrangements with us 24 hours before Renter vehicle return time. Every consecutive 12 hours at our sole discretion EXOTICS PASS will be forced to either charge Renter additional full day rates or recover the vehicle

forcefully at Renter expense.

Payment Methods: VISA, Master Card, American Express and Discover are the preferred method of payment for rental fees and damage deposits. In certain cases, cashier's checks or cash may be accepted if pre-arranged with the EXOTICS PASS. Personal checks and business checks are not accepted. Renter and any Additional Driver explicitly agree not to charge back or reverse any of the rental costs charged by EXOTICS PASS at any time.

Fuel Surcharge: The rented Vehicle car must be returned with the same amount of fuel it was delivered by EXOTICS PASS to Renter and/or his/her Additional Driver(s) to commence the Vehicle rental, or a charge of $30.00 per quarter of a tank will be imposed. EXOTICS PASS does not refund any fuel purchases made by the Renter and any Additional Driver. All rented Vehicles must be refueled with Premium grade (91+ octanes) gasoline. There is a $500 fee for filling up a rented Vehicle with a lesser grade than Premium grade (91+ octanes) gasoline.

Waiver: Whereas, I understand that my voice, name, and image will be recorded by various mechanical and electrical means of all descriptions (such recordings, any piece thereof, the contents therein and all reproductions thereof, along with the utilization of my name, shall be collectively referred to herein as the "Released Subject Matter"), It is hereby acknowledged and whose sufficiency as consideration I affirm, I hereby freely and without restraint consent to and give unto the Producer and its agents or assigns or anyone authorized by the Producer, (collectively referred to herein as the "Releasees") the unrestrained right in perpetuity to own, utilize, or alter the Released Subject Matter, in any manner the Releasees may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kind. Without limiting the generality of the foregoing, I hereby authorize the Releasees and grant unto them the unrestrained rights to utilize the Released Subject Matter in connection with the Video's advertising, publicity, public displays, and exhibitions. I hereby stipulate that the Released Subject Matter is the property of the Producer to do with as it will. I hereby waive to the fullest extent that I may lawfully do so, any causes of action in law or equity I may have or may hereafter acquire against the Releasees or any of them for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by the Releasees or another of the Released Subject Matter. It is my intention that the above-mentioned consideration represents the sole compensation that I am entitled to receive in connection with any and all usages of the Released Subject Matter. I expressly stipulate that the Releasees may utilize the Released Subject Matter or not as they choose in their sole discretion without affecting the validity of this Release. This Release shall be governed by California Law.

Refunds: EXOTICS PASS does not make any refunds for Vehicle rentals or gift certificates. However, EXOTICS PASS, at its sole discretion, may offer credit for additional Rental Days (such as miserable weather). In the event of an unforeseen mechanical failure during or prior to a vehicle rental, EXOTICS PASS will make every effort to repair or replace the vehicle with a similar or better model – at the EXOTICS PASS sole discretion -- at no additional cost to Renter. If EXOTICS PASS cannot replace Renter’s Vehicle, EXOTICS PASS will refund the remainder of the rental with a minimum charge per day; however, the first day of the Rental Days shall not be refunded for any reason whatsoever.

Membership Refunds: EXOTICS PASS does not make any refunds for Vehicle rentals, gift certificates or MEMBERSHIPS. However, EXOTICS PASS, at its sole discretion, may offer credit for additional Rental Days (such as miserable weather). In the event of an unforeseen mechanical failure during or prior to a vehicle rental, EXOTICS PASS will make every effort to repair or replace the vehicle with a similar or better model – at the EXOTICS PASS sole discretion -- at no additional cost to Renter. If EXOTICS PASS cannot replace Renter’s Vehicle, EXOTICS PASS will refund the remainder of the rental with a minimum charge per day; however, the first day of the Rental Days shall not be refunded for any reason whatsoever.

Membership Cancelations: EXOTICS PASS reserves the right to CANCEL ANY MEMBERSHIP at its discretion, which may include, but is not limited to ungentlemanly conduct, leud behavior or remarks, mistreatment of any other member, or staff of EXOTICS PASS and/or at the sole discretion of the founders of the company. EXOTICS PASS does not make any refunds for Vehicle rentals, gift certificates or MEMBERSHIPS. However, EXOTICS PASS, at its sole discretion, may offer credit for additional Rental Days (such as miserable weather).

Accidents: Damage to Vehicle, loss of Vehicle, or theft of Vehicle shall be immediately reported by Renter(s) and any Additional Driver in writing to the EXOTICS PASS's office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and any Additional Drivers must immediately deliver to EXOTICS PASS’ office where Vehicle was rented and process, any and all pleadings or papers relating to any and all claims, suits, and/or proceedings arising from such accident. In the event of a claim, suit, and/or legal proceeding, Renter and any Additional Driver shall cooperate fully with EXOTICS PASS Vehicle may be equipped with an Event Data Recorder or similar device (“EDR”) installed by the manufacturer for the purpose of recording data about the operation of Vehicle. To the extent permitted by law, Renter and any Additional Driver consents to EXOTICS PASS or its representatives retrieving and using such data from EDR.

Damage to. Loss or Theft of. Vehicle and Related Costs: Renter and any Additional Driver accepts responsibility for damage to, loss or theft of, Vehicle rented to them or any part or accessory thereto regardless of fault or negligence of Renter, any Additional Driver, or any other person or act of God. Renter and any Additional Driver shall pay EXOTICS PASS the amount necessary to repair Vehicle for any damage, loss, or theft of Vehicle or any part or accessory thereto regardless of fault or negligence. If Vehicle is stolen and not recovered or EXOTICS PASS determines Vehicle is salvage, Renter and any Additional Driver shall pay EXOTICS PASS the fair market value less any sale proceeds of the Vehicle. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding its loss. Damages for which Renter is also responsible include but are not limited to loss of use of Vehicle, claim administrative fees, diminishment of value of Vehicle, towing, storage or

impound fees, and other costs incurred by EXOTICS PASS to recover Vehicle and to establish damages. Renter and any Additional Driver shall not have Vehicle repaired without written permission from EXOTICS PASS Renter and any Additional Driver is responsible for Vehicle, if it is returned after a loss or theft of Vehicle, until an employee of EXOTICS PASS checks in the Vehicle at issue back to the EXOTICS PASS's possession.

Responsibility to Third Parties: EXOTICS PASS complies with applicable motor vehicle financial responsibility laws as a cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the State of California or otherwise, EXOTICS PASS does not extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, any Additional Driver, their passengers or third parties through this Agreement. If valid automobile liability insurance or self-insurance is available on any basis to the Renter, any Additional Drivers or any other driver and such insurance or self-Insurance satisfies the applicable California motor vehicle financial responsibility law, then EXOTICS PASS does not extend any of its motor vehicle financial responsibility. However, if Renter and any Additional Driver are in compliance with the terms and conditions of this agreement and if EXOTICS PASS is obligated to extend motor vehicle financial responsibility to Renter, any Additional Driver or third parties, then EXOTICS PASS 's obligation is limited to the applicable state minimum financial responsibility amounts. Unless required by law, EXOTICS PASS 's financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of any rented Vehicle. EXOTICS PASS's financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan, or contract.

Indemnification by Renter: Renter shall defend, indemnify and hold EXOTICS PASS harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by EXOTICS PASS in any manner from this rental agreement and any part of any transaction arising from this agreement, 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 EXOTICS PASS for all such losses.

Personal Injury Protection and Uninsured/Underinsured Motorist Protection: Except as required by law. EXOTICS PASS does not provide personal injury protection, no fault benefits or medical payment coverage (collectively “PIP”) or Uninsured/Underinsured Motorist Protection (“UM/UIM”) through this Agreement. If EXOTICS PASS is required by law to provide PIP and/or UM/UIM, Renter and any Additional Driver expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law.

Personal Property: EXOTICS PASS is not responsible for any damage to, loss or theft of any personal property, whether the damage or theft occurs during or after termination of the rental agreement regardless of fault of negligence. Renter acknowledges and agrees that no bailment is or shall be created upon EXOTICS PASS whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on EXOTICS PASS's premises.

Third Party Proceeds: If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter and any Additional Driver under this Agreement, Renter and any Additional Driver hereby assigns to EXOTICS PASS their right to receive such payment. Only those amounts actually paid by a third party to EXOTICS PASS shall reduce the amount owed by Renter and any Additional Driver under this Agreement; provided however, certain third parties may have agreed to pay EXOTICS PASS a flat fee for this rental instead of EXOTICS PASS’ per day charges or per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal per day charges or per diem benefits as calculated under this agreement. 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. Any Renter and any Additional Driver remain 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 and any Additional Driver hereby grant and appoint to EXOTICS PASS a Limited Power of Attorney:

1. To present insurance claims of any type to the insurance carrier and credit card company of the Renter(s) and any Additional Driver if

   1. Vehicle that is rented is damaged, lost, or stolen during the Rental period and if Renter fails to pay for any damages; or

   2. Any liability claims against EXOTICS PASS arise in connection with this rental transaction and agreement and Renter and any Additional Driver fails to defend indemnify and hold EXOTICS PASS harmless from such claims;

2. To endorse any name of any Renter and any Additional Driver to entitle EXOTICS PASS to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges incurred under this transaction and agreement.

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.

Limitation of Remedy/ No Consequential Damages: If EXOTICS PASS breaches any of its obligations under this agreement and/or if Vehicle rented under this agreement has any mechanical failure or other failure not caused by Renter and any Additional Driver; and if EXOTICS PASS is liable under applicable law for such breach or Vehicle failure, EXOTICS PASS 's sole liability to Renter and any Additional Driver and their only remedy is limited to the substitution of another similar Vehicle by EXOTICS PASS to Renter and any Additional Driver and to recovery by Renter and any Additional Driver of the pro rata daily rental rate for the period in which Renter or any Additional Driver did not have use of Vehicle or its substitute. RENTER AND ANY ADDITIONAL DRIVER WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO THEM. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE

TO RENTOR AND ANY ADDITIONAL DRIVER.

Telematics Notice and Release: Vehicle may be equipped with OnStar or another telematics system. Renter and any Additional Driver acknowledge that such systems utilize cellular telephone and/ or radio signals to transmit data and communication and, therefore, their privacy cannot be guaranteed. Renter and any Additional Driver authorize use or disclosure of or access to call location information concerning Renter and any Additional Driver and other user of the service for automatic crash notification to any person for use in the operation of an automatic crash notification system and use of a vehicle location system. Renter and any Additional Driver releases EXOTICS PASS, operator of the telematics system, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation to Renter and any Additional Driver) or property caused by failure to the telematics system to operate properly. Third party service providers are not agents, employees, or contractors of EXOTICS PASS. For limitations concerning warranty, privacy and performance of the telematics system in Vehicle, any Renter and any Additional Driver shall contact the telematics

provider.

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 this agreement.

Release of Information to Third Parties: Renter and any Additional Driver agree and expressly authorize EXOTICS PASS to provide information in EXOTICS PASS's possession about Renter and any Additional Driver, including but not limited to name, address and license information of any Renter any Additional Driver to applicable authorities, where solicited; and/or applicable authorities or other third parties, in connection with EXOTICS PASS 's enforcement of its rights under this

agreement.

Choice of Law: All terms and conditions of this agreement shall be interpreted, construed, and enforced pursuant to the laws of the State of California without giving effect to the conflict of law's provisions of this state.

Jurisdiction of Law: Any Controversy or claim between the parties arising out of or related to this agreement shall be settled by binding arbitration exclusively in Orange County, California by the American Arbitration Association in accord with its then-prevailing rules, in lieu of judicial proceedings. The prevailing party in any arbitration proceeding, in addition to other relief that it may obtain, is entitled to the payment of all costs and expenses incurred in connection therewith, including reasonable attorney's fees. This agreement shall be governed by and construed under the laws of the State of California without

regard to conflicts-of-law provisions that might require the application of any other law.

Vehicle History and Titles: Renter and any Additional Driver acknowledge that the rental Vehicle may have been in previous accidents and may have been a total loss by an insurance company. These rebuilt rental vehicles have been properly repaired to be safely operated on the road, and these vehicles may

carry a reconstructed/rebuilt title which has been provided by the State of California after a thorough inspection. Renter and any Additional Driver deems EXOTICS PASS harmless in case of an accident in a rebuilt/reconstructed vehicle.

THE EXOTICS PASS's BUSINESS IS INDEPENDETLY OWNED AND OPERATED.

Terms & Conditions

Definitions: For Purposes of this Agreement, the following terms are specifically defined:

• "Additional Driver" means any individual in in addition to Renter who is permitted by EXOTICS PASS to operate Vehicle. This includes individuals identified on the Contract as ADDITIONAL DRIVER(S) and with the permission of Renter, which includes Renter's spouse who meets the minimum rental age and holds a valid driver’s license;

• " EXOTICS PASS" means (EXOTICS PASS);

• "Rental Period" means the period between the time any Renter, including any Additional Driver, takes possession of Vehicle until Vehicle ls returned and checked in by EXOTICS PASS.

• "Renter'' means the person, or entity identified in the agreement as a renter of the Vehicle to be rented;

• “Vehicle" means the "ORIGINAL VEHICLE" or any replacement vehicles(s) made under this agreement by EXOTICS PASS to any Renter.

• EXOTICS PASS/Vehicle Condition/Warranty Exclusion. Renter and any Additional Driver acknowledges that the Vehicle is, by EXOTICS PASS beneficial interest or lease, property of EXOTICS PASS, even if owned, registered or titled to a third party. Renter and any Additional Driver agree Renter and any Additional Driver received Vehicle in good physical and mechanical condition. ANY RENTER AND ANY ADDITIONAL DRIVER IS RENTING VEHICLE "AS IS" AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ITS OPERATION BEFORE LEAVING EXOTICS PASS’s

PREMISES. EXOTICS PASS EXCLUDES AND DISCLAINS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPET TO THE VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If any

Renter or any Additional Driver determines Vehicle is unsafe, they shall stop operating Vehicle and notify EXOTICS PASS immediately. Renter and any Additional Driver agrees to return Vehicle to EXOTICS PASS on or before return date stated on Page 1 or on EXOTICS PASS's demand and in same condition as received, ordinary wear and tear expected.

Payment by Renter:

For all daily items designated as "per day":

ONE (1) day equals one 24-hour period. In other words, a day in this agreement is each consecutive 24-hour period after any Renter and his/her/its Additional Drivers take possession of the rented Vehicle under this agreement. A Half Day equals any such 12-hour period.

EXOTICS PASS
Terms of service
Last revised: December 20, 2023 
Thank you for your interest in Exotics Pass.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Introduction
Exotics Pass and its subsidiaries (collectively, “Exotics Pass”, “we”, or “us”), provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. EXOTICS PASS is accessible online including at www.exoticspass.com and as an application for mobile devices. The EXOTICS PASS websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other EXOTICS PASS users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and EXOTICS PASS.

These Terms, together with the EXOTICS PASS privacy policy, cancellation policy, applicable insurance terms and certificates, roadside assistance terms, and any additional policies  (together, the “Policies”) constitute the “Agreement” between you and EXOTICS PASS (each a “Party” and together, “the Parties”).

Modification. EXOTICS PASS reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your EXOTICS PASS Account within 30 days. If you choose to close your EXOTICS PASS Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
 

Eligibility, registration, verification
Eligibility
The Services are intended solely for guests who meet our age requirement the location where the vehicle is booked and hosts who are 21 or older, except in the United Kingdom where we permit hosts age 18 to list eligible vehicles. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
Registration
To access certain features of the Services, you must sign up for an account with us (a “EXOTICS PASS Account”). You can create a EXOTICS PASS Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your EXOTICS PASS Account up to date at all times. Based on information you provide, EXOTICS PASS may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, EXOTICS PASS has implemented reCAPTCHA Enterprise, and your use of reCAPTCHA is subject to a separate Privacy Policy and Terms of Use. 
Verification
Where permitted, EXOTICS PASS has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. EXOTICS PASS does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. EXOTICS PASS may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize EXOTICS PASS to request, receive, use, and store such information. EXOTICS PASS may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. EXOTICS PASS may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety,

roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our elibibily requirements. 
Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where EXOTICS PASS reasonably believes there may be an increased level of risk associated with your EXOTICS PASS Account, you hereby provide EXOTICS PASS with written instructions and authorize EXOTICS PASS, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
Fees, taxes
Fees
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown in our agreement. When you provide EXOTICS PASS a payment method, you authorize EXOTICS PASS, or third-party service providers acting on behalf of EXOTICS PASS, to store your payment credential for future use in the event you owe EXOTICS PASS any money. You authorize EXOTICS PASS to use stored payment credentials for balances, including for trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions.
Collection of fees
EXOTICS PASS and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. EXOTICS PASS, or the collection agencies we retain, may also report information about your EXOTICS PASS Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your EXOTICS PASS Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information EXOTICS PASS reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact us.  If you wish to dispute the information a collection agency reported to a credit bureau regarding your EXOTICS PASS Account, you must contact the collection agency directly.
Taxes
In certain jurisdictions, EXOTICS PASS may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by EXOTICS PASS will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where EXOTICS PASS is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
Your commitments
You agree that you will always use your EXOTICS PASS Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by EXOTICS PASS.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your EXOTICS PASS Account. Keep your EXOTICS PASS Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your EXOTICS PASS Account, whether or not you have authorized such activities or actions. You will immediately notify EXOTICS PASS of any actual or suspected unauthorized use of your EXOTICS PASS Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your EXOTICS PASS Account unless you have reported unauthorized access to us.
Content
EXOTICS PASS Content and User Content License. Subject to your compliance with the provisions of these Terms, EXOTICS PASS grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any EXOTICS PASS and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EXOTICS PASS or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through EXOTICS PASS promotional campaigns, you grant EXOTICS PASS a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to EXOTICS PASS photography provided to hosts, EXOTICS PASS does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate EXOTICS PASS Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices by contacting us.
Prohibited activities
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
•    Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
•    Post false, inaccurate, misleading, defamatory, or libelous content
•    Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EXOTICS PASS, or that comes from the Services and belongs to another EXOTICS PASS user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EXOTICS PASS
Dilute, tarnish, or otherwise harm the EXOTICS PASS brand in any way, including:
•    Through unauthorized use of the Services and/or user content
•    Registering and/or using "EXOTICS PASS" or derivative terms in domain names, trade names, trademarks, or otherwise
•    Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to EXOTICS PASS domains, trademarks, taglines, promotional campaigns, or EXOTICS PASS and/or user content
Provide or submit any false or misleading information, including:
•    False name, date of birth, driver’s license details, payment method, insurance, or other personal information
•    In relation to a claim (for example about damage to a vehicle)
•    By registering for a EXOTICS PASS Account on behalf of an individual other than yourself
•    Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
•    Fail to pay fees, penalties, or other amounts owed to EXOTICS PASS or another user
•    Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
•    Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by EXOTICS PASS (aka, gray market transactions, which do not necessarily require the exchange of money)
•    Transfer your EXOTICS PASS Account and/or user ID to another party without our consent
•    Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by EXOTICS PASS in certain limited circumstances
Harm or threaten to harm users of our community, including:
•    Harass, stalk, or defame any other EXOTICS PASS user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
•    Engage in physically or verbally abusive or threatening conduct
•    Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
•    Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the EXOTICS PASS community
•    Sue or assert legal claims against EXOTICS PASS or a EXOTICS PASS user in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
•    Contact another EXOTICS PASS user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user 
•    Commercialize any content found on the Services or software associated with the Services, including reviews
•    Harvest or otherwise collect information about users without their and our consent
•    Recruit or otherwise solicit any user to join third-party services or websites that are competitive to EXOTICS PASS, without our prior written approval
Interfere with the operation of the Services, including by:
•    Interfering with any other user’s listings
•    Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
•    Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm EXOTICS PASS or the interests or property of others
•    Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
•    Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
•    Using, displaying, mirroring, or framing the Services or any individual element within the Services, the EXOTICS PASS name, any EXOTICS PASS trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of EXOTICS PASS
•    Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
•    Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
•    Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by EXOTICS PASS or any of our service providers or any other third party (including another user) to protect the Services
•    Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
•    Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
•    Endeavoring to circumvent a suspension, termination, or closure of your EXOTICS PASS Account or the account of another EXOTICS PASS user, including, but not limited to, creating a new EXOTICS PASS Account or listing vehicles affiliated with or registered to a EXOTICS PASS Account holder that has been suspended, terminated, or closed
Other legal matters
Violations. EXOTICS PASS has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
EXOTICS PASS reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that EXOTICS PASS, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing EXOTICS PASS, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your EXOTICS PASS Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that EXOTICS PASS may contact you by electronic means (e.g., electronic mail; notifications via EXOTICS PASS messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your EXOTICS PASS Account or EXOTICS PASS Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where EXOTICS PASS is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize EXOTICS PASS and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with EXOTICS PASS or its agents for quality control and training purposes. You acknowledge and understand that your communications with EXOTICS PASS may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through exoticsdao.com.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. EXOTICS PASS is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services only in the United States, the United Kingdom, and Canada (excluding any of the territories and the provinces of Manitoba and Saskatchewan). 
Specific terms for guests
The following sections also apply if you book a vehicle using the Services:
Guest commitments
As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
Guest financial responsibility for physical damage to the vehicle
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on EXOTICS PASS, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with EXOTICS PASS to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.
Auto liability insurance
Most hosts offering a vehicle for sharing on the Services cannot offer liability insurance to you. All protection plans offered on the Services include coverage under an automobile liability insurance policy. In the US, the policy is issued to EXOTICS PASS by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by EXOTICS PASS. In the UK, this policy is arranged by Aon UK Ltd. and purchased from Aioi Nissay Dowa Insurance UK Ltd. In Canada (excluding any of the territories and the provinces of British Columbia, Manitoba, and Saskatchewan) this policy is purchased from Economical Insurance and in British Columbia, Insurance Corporation of British Columbia.
If the guest has their own personal auto policy, it will be primary over the EXOTICS PASS protection depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. Terms and exclusions apply. 
Booking with Commercial Hosts
Where a host can offer guests at least legally required minimum insurance through their own commercial or rental policy, the host may choose to decline insurance on the Services and provide its own policy directly to you as the guest. We refer to these hosts as “Commercial Hosts.” You can determine directly in the vehicle listing whether the vehicle is offered by a Commercial Host.
If you book with a Commercial Host, no third-party automobile liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by EXOTICS PASS or any third-party insurance partners, brokers, or producers. The Commercial Host will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, a Commercial Host may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. A Commercial Host may also have additional requirements that differ from EXOTICS PASS requirements (like requiring a credit card deposit). By booking a vehicle where a Commercial Host is providing protection, you agree that the Commercial Host may impose additional terms and fees after booking.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the EXOTICS PASS Legal Department in advance or as otherwise described. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event EXOTICS PASS has any concern about your use of a vehicle, EXOTICS PASS may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact exoticsdao.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
 

Condition of the vehicle and optional Extras
You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, EXOTICS PASS, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the EXOTICS PASS team immediately.
 

No responsibility for shared vehicles
You acknowledge that EXOTICS PASS is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibilyt requiremtnts. 
 

Incident reporting
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to EXOTICS PASS. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide EXOTICS PASS or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by EXOTICS PASS, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of EXOTICS PASS staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
 

Vehicle theft
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
•    If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
•    If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth 
•    If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
•    If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
•    If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
•    If you fail or refuse to communicate in good faith with the host, police, EXOTICS PASS, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
•    If the vehicle is 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 reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or EXOTICS PASS material to the booking, use, or operation of vehicle
The primary guest who books the reservation is responsible for any private investigation costs

EXOTICS PASS deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if EXOTICS PASS and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. EXOTICS PASS, a hired agent of EXOTICS PASS, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, EXOTICS PASS, and other authorities in all matters related to the investigation.
Specific terms for hosts
The following sections also apply if you share your vehicle through the Services:
Host commitments
As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on EXOTICS PASS does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your EXOTICS PASS business on time and in full.
 

Information given at registration
When you sign up for EXOTICS PASS, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Listing only on the Services
In the United States, any vehicle you list on the Services must be exclusively listed on the Services. You cannot list any vehicles you intend to share on the Services on any other car sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the vehicle from the Services, account closure, or other action, in EXOTICS PASS’s sole discretion. This does not limit Commercial Hosts’ (as defined below) ability to maintain their own rental car business or prohibit a vehicle from being listed on ride sharing or other delivery services when not on a EXOTICS PASS reservation.
 

EXOTICS PASS photography
EXOTICS PASS may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your EXOTICS PASS listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that EXOTICS PASS is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or EXOTICS PASS’s ownership or registration thereof. You acknowledge that EXOTICS PASS may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the EXOTICS PASS photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than EXOTICS PASS. At EXOTICS PASS’s request, you will execute documents and take such further acts as EXOTICS PASS may reasonably request to assist EXOTICS PASS to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
 

Vehicle availability
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to EXOTICS PASS and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.
Pricing, earnings, and payments
You will have the ability to set and revise the vehicle’s pricing as you choose. EXOTICS PASS will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to EXOTICS PASS. A description of fees can be found in our agreement. To the extent you owe EXOTICS PASS or any third party lender money for any reason, EXOTICS PASS also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of EXOTICS PASS enabling payment processing services through Stripe, you authorize EXOTICS PASS to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize EXOTICS PASS to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. EXOTICS PASS reserves the right to switch payment processing vendors at its discretion. 
 

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