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Car Rental Subscription Agreement
This Car Rental Agreement (the "Agreement") is entered into between FSD.cab LLC, doing business as fsd.cab ("Host"), and the person or entity identified as "Guest" on the Trip Summary. The Trip Summary and this Car Rental Agreement collectively form the Agreement. Both the Guest and Host agree that they have read, understand, and accept full responsibility for the terms and conditions contained herein for the Reservation Period. This Agreement cannot be altered by another document or oral agreement unless agreed to in writing by both the Guest and Host.
DEFINITIONS
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- "Approved Driver(s)" or "TAD(s)" means any individual, in addition to the Guest, who is approved by the Host to operate the Vehicle. This includes individuals identified as APPROVED DRIVER(S) on the Trip Summary.
- "Extras" means optional additional products and services, such as child seats, global positioning systems, ski racks, toll transponders, and any other selected items.
- "Guest" refers to the person or entity identified on the Trip Summary as the renter.
- "Host" refers to the entity named as "HOST" on the Trip Summary.
- "Reservation Period" means the period starting from when the Guest takes possession of the Vehicle until the Vehicle is returned or recovered, and in either case, checked in by the Guest.
- "Vehicle" refers to the specific vehicle identified on the Trip Summary.
GUEST SPECIFIC TERMS
Ownership/Vehicle Condition/Warranty Exclusion:
a. Guest acknowledges that the Vehicle and any Extras are owned or leased by the Host. The Guest agrees that they received the Vehicle and any Extras in good physical and mechanical condition, unless otherwise specified in Trip Photos.
b. The Guest accepts the Vehicle and any Extras "as-is" and acknowledges having had an adequate opportunity to inspect them. The Host excludes all warranties, both express and implied, including any implied warranty of merchantability or fitness for a particular purpose.
c. The Guest agrees not to alter or tamper with the Vehicle or any Extras. If the Guest or any Approved Driver determines that the Vehicle or any Extra is unsafe, they shall immediately stop operating the Vehicle or Extra and notify the Host.
Personal Property:
a. The Host is not responsible for any damage to, loss of, or theft of the Guest's personal property or data, whether it occurs during or after the trip, regardless of fault or negligence.
b. The Guest acknowledges and agrees that no bailment is created upon the Host for any personal property carried in or left in the Vehicle or on the Host's premises. The Guest further acknowledges that any personal data or information downloaded or transferred to the Vehicle may not be secure and may be accessible after the Reservation Period. The Guest releases the Host from any liability resulting from such access or utilization of data by a third party.
Prohibited Uses:
a. The Guest agrees not to engage in any prohibited vehicle uses or activities identified by the Host. Engaging in such prohibited uses will eliminate any protection for claims related to physical damage and void any increased liability limits included with the selected protection.
Vehicle Return:
a. The Guest agrees to return the Vehicle and any Extras to the Host on or before the specified return date to the address stated on the Trip Summary or upon the Host's demand. The Vehicle should be returned in the same condition as received, ordinary wear and tear excepted.
b. Extensions to the Reservation Period are at the Host's option. If the Guest or any Approved Driver continues to operate the Vehicle after the right to do so is terminated, the Host has the right to notify the police that the Vehicle has been embezzled as defined in the Vehicle Code Section 10855. The Guest or any Approved Driver hereby releases and discharges the Host and agrees to indemnify, defend, and hold the Host harmless against any liability arising from such notice.
Financial Responsibility is Primary:
a. As outlined in the Host's Terms of Service, the Guest acknowledges and agrees that they are primarily liable for any damage, losses, or other liabilities, except if the Guest purchased a plan that provides otherwise.
b. The Guest may fund their primary liability through any personal insurance available (e.g., personal auto insurance or insurance from credit cards) as the primary source of funds. Any protection plan selected by the Guest will not be available until all personal insurance options, protection, and/or coverage have been exhausted.
HOST SPECIFIC TERMS
Host's Representations and Warranties:
1. The Host represents and warrants that the Vehicle meets all applicable Department of Transportation (DOT) requirements, and the Host owns or has all necessary rights and permissions to share the Vehicle for compensation.
Vehicle Availability:
2. The Host will make the Vehicle available or deliver it as agreed upon with the Guest. If the Host offered the option to pick up the Vehicle at a specified location, the Host must accurately supply the location and ensure the Vehicle's availability at the beginning of the Reservation Period.
3. The Host is responsible for regularly checking the Vehicle for any defects in its operations or safety.
4. The Host guarantees that the Vehicle will be in safe and roadworthy condition, in good mechanical condition, and fully compliant with all applicable inspection and registration requirements.
5. The Vehicle must have a clean, non-salvaged, non-branded title.
6. The Host agrees to respond to any applicable recall or safety notices and complete any recommended action before allowing the Vehicle to be booked.
Other Insurance and Legal Matters:
7. The Host agrees to comply with all applicable laws and regulations, including registration requirements for the Vehicle. The Host must keep registration information in the Vehicle during the Reservation Period.
8. The agreed mileage limit is up to 1,000 miles per month for car subscriptions. Additional miles will be charged at a rate of $0.40 per mile.
9. Subscription automatically renews monthly for a year, unless canceled with 30 day notice by the guest or host on fsd.cab website or by emailing
10. If the FSD Beta software is disabled by Tesla during the trip due to the Guest's fault, there will be no reduction in the subscription price or deposit refund.
Deposit Refund:
11. The deposit refund will be calculated as follows: initial deposit minus supercharging costs, tolls and parking tickets, and the cost of any damaged or missing items. The deposit refund will be issued within 7 days to the original payment method or by check.
Telematics Notice and Release:
12. The Vehicle may have features or an on-board device that monitors its state from moment to moment during the Reservation Period.
13. The Guest authorizes the use, disclosure, or access to the Vehicle Data collected by these features or devices. The Guest shall inform all Approved Drivers and passengers of the terms of this section.
14. The Guest releases the Host and agrees to indemnify, defend, and hold harmless the Host, operators of the features or on-board devices, wireless carriers, and other suppliers from any damage caused by the failure of these features or devices or arising from their use.
Severability:
a. If any provision of this Agreement is held invalid, illegal, or unenforceable, it will not affect the validity, legality, or enforceability of the remaining provisions.
WAIVER:
a. The waiver by either party of any right under this Agreement or failure to perform or breach by the other party shall not be deemed a waiver of any other right or breach.
Guest's Obligations:
a. The Guest agrees to pay for all tolls, parking fees, tickets, or damage caused to the car, even if the insurance does not cover it due to a deductible or any other reason.
b. If the Guest's insurance does not cover the cost of damage (such as the deductible amount), the Guest agrees to personally cover the cost. The Guest must submit at least 7 photos of the car's condition before driving off and upon its return to document the condition.
Insurance:
Guest provided the following Insurance documentation to cover the car during the trip: