SmartChoice Rides

Set by SmartChoice Rides.

RESERVATION, PAYMENT & VEHICLE AVAILABILITY

Book & Pay. When the customer successfully pays the required rental charges and security deposit and Smart Choice Rides confirms the booking, the reservation is a confirmed paid reservation.

Reserve & Pay Later. Selecting Reserve & Pay Later does not reserve, hold, block, or guarantee a Vehicle. It is an unconfirmed request only. The requested Vehicle remains available for other customers until required payment is successfully completed and Smart Choice Rides confirms the reservation.

Paid and confirmed reservations take precedence over unpaid Pay Later requests for overlapping dates. If another customer pays for the Vehicle first, Smart Choice Rides may offer an alternative Vehicle, dates, or other available option; the Pay Later customer is not required to accept an alternative.

Third-party installment or deferred-payment services, including Klarna when available, are governed by the provider's approval, eligibility, payment schedule, fees, and terms. Applying for or receiving financing approval does not itself reserve a Vehicle; required payment must be successfully processed and Smart Choice Rides must confirm the reservation.

RESERVE & PAY LATER DOES NOT HOLD YOUR VEHICLE. PAID AND CONFIRMED RESERVATIONS RECEIVE PRIORITY.

No Speeding - Reduce idling time

Car Idling: Please limit car idling for long periods of time, (20+ minutes) as it makes the engine work harder, over heat the liquids and damage the hoses and other components of the engine, and can possibly cause issues. Cars are best when driving to help airflow and cool the engine down. If you're idling over 120Minutes SmartChoice will deduct $150 to service the vehicle to make sure it is safe for the next guest.

Speeding: Its prohibited in SmartChoiceTOS (Terms of service). 90 MPH and above is considered a felony because it is 20 mph above the speed limit and that can be dangerous for the car and your safety. Also it puts stress on the smaller engine parts. Please refrain from speeding as it can be costly for you and cost you your deposit or $250 - $500 to service the car.

SECURITY DEPOSIT & PAYMENT METHOD

Qualifying Credit card in the Renter's name or Secondary Driver: standard security deposit is $1 unless a higher amount is disclosed and agreed before release.

Qualifying Debit card in the Renter's name or Secondary Driver: standard security deposit is $250 unless a higher amount is disclosed and agreed before release.

Qualifying Pre-Paid card in the Renter's name or Secondary Driver: standard security deposit is $500 - 1,000 unless a higher amount is disclosed and agreed before release.

Debit card, prepaid card, cash, Zelle, Cash App, or another approved non-credit-card payment method: security deposit is $500-$1,000 depending on the Vehicle class/value. The exact amount must be disclosed before release and shown on the rental record.

The security deposit is security only and is not a cap on Renter liability. Smart Choice Rides may apply it to legitimate amounts owed under this Agreement, including unpaid rental charges, late charges, excess mileage, fuel, tolls/citations, towing/impound, cleaning, smoking/pet violations, damage, loss, recovery expenses, and other lawful charges. Renter remains responsible for any lawful unpaid balance.

If Cash, pre-paid card, zelle, cash app, etc the dposit will be returned in a week to see if there are any tickets, tolls or citations arrive in mail. Reason being there is not information to charge guest in future if any citations, tolls, etc arrive in the future.

RENTER ELIGIBILITY, LICENSE & IDENTITY

Minimum rental/driver age is 21. Each Renter and approved additional driver must possess and present a valid, unexpired driver's license legally sufficient to operate the Vehicle and must satisfy applicable identification, licensing, payment, deposit, insurance, and verification requirements.

Smart Choice Rides may reasonably verify identity and authorization to use a payment method. A card may be required to be in the Renter's name. Third-party payment requires prior Smart Choice approval and may require verification from the payment-method owner.

Foreign licenses may be accepted when legally sufficient and reasonably verifiable. Smart Choice Rides may request a passport, International Driving Permit, translation, or supporting documentation when reasonably necessary.

False, altered, fraudulent, stolen, or materially misleading identification or information is a material breach. Smart Choice Rides may decline to release a Vehicle when disclosed eligibility, identification, licensing, payment, deposit, insurance, or verification requirements are not met, or release would violate law.

YOUNG DRIVER POLICY

Drivers age 21 through 24 are subject to a $200 Young Driver Fee per rental. Drivers age 25 or older are not subject to this fee.

Smart Choice Rides may waive the $200 Young Driver Fee when the young driver (1) presents and uses a qualifying credit card in the Renter's name and (2) provides acceptable proof of active full coverage automobile insurance with applicable liability and physical-damage coverage for the rental Vehicle. If either requirement is not satisfied, the $200 fee applies.

ADDITIONAL DRIVERS

Up to four (4) additional drivers are permitted per rental with no additional-driver fee. Each must be approved by Smart Choice Rides before operating the Vehicle and satisfy all applicable eligibility requirements.

The primary Renter remains responsible under this Agreement for the Vehicle and applicable obligations arising from possession or operation by an approved additional driver. Young Driver requirements apply to approved additional drivers age 21-24.

VEHICLE PICKUP, INSPECTION & ACCEPTANCE

Smart Choice Rides may document condition at pickup using photographs, video, inspection records, mileage, fuel level, and other electronic records. Renter must review the Vehicle and promptly report visible pre-existing damage believed not to be documented.

Upon acceptance, the Vehicle is considered received in the condition reflected by pre-rental documentation, subject to conditions not reasonably observable at pickup and rights that cannot legally be waived. Renter is not responsible for documented pre-existing damage.

Starting mileage and fuel level will be documented. Renter is encouraged to take pickup and return photographs/video and may provide them if a condition dispute arises.

MILEAGE & GEOGRAPHIC RESTRICTIONS

Cars include 250 miles per rental day. Vans include 300 miles per rental day. Allowances are cumulative over the rental period. Excess mileage is $0.72 per mile.

Cars must remain within the State of Florida unless Smart Choice Rides gives specific prior authorization. Only approved minivans and the 15-passenger Ford Transit may travel outside Florida.

Approved out-of-state minivan/Transit travel may not extend north of Tennessee or North Carolina or west of Mississippi without prior written authorization. These boundaries reflect towing, roadside, recovery, and operational limitations.

Unauthorized out-of-area travel is a material breach and may result in termination and reasonable towing, transportation, recovery, or other costs caused by the unauthorized travel, to the extent permitted by law.

FUEL & REFUELING

The Vehicle must be returned with the same fuel level documented at pickup. If returned below that level, Smart Choice Rides may charge $8.00 per gallon for the estimated fuel required to restore the original level. The $8.00 rate is a refueling/service rate and may exceed retail fuel price.

RENTAL RATES & EXTENSIONS

The standard daily rate is $85/day unless another rate is specifically quoted and confirmed. A Renter may qualify for a preferred $65/day rate when using a qualifying credit card in the Renter's name and providing acceptable proof of active liability and physical-damage insurance applicable to the rental Vehicle.

Smart Choice Rides may offer 3-day, 7-day, weekly, promotional, negotiated, or other discounted rates. A discounted rate applies only when quoted and approved and does not automatically apply retroactively to previously used rental days.

Extensions require Smart Choice approval before the current rental period expires. Smart Choice may offer additional days at the existing rate, a 3-day package, a 7-day/weekly discounted package, or another quoted rate. A request or payment alone does not extend the rental; the extension becomes effective only after Smart Choice approves the period and rate.

LATE RETURN & COURTESY EXTENSIONS

Renter receives a one (1) hour grace period after the originally scheduled return time.

Smart Choice Rides may approve a later courtesy return time. Once a specific courtesy time is approved, that time becomes the deadline for late-return purposes, with a further thirty (30) minute grace period.

If the Vehicle is not returned within thirty (30) minutes after the approved courtesy return time, Smart Choice Rides may assess one additional full rental-day charge at the Renter's applicable daily rate, subject to law.

Example: scheduled return 5:00 PM; Smart Choice approves 8:30 PM; Vehicle must be returned by 9:00 PM to avoid an additional-day charge.

An additional-day charge does not automatically authorize possession for another 24 hours. Continued possession requires Smart Choice approval.

SMOKING & PET POLICY

NO SMOKING / NO UNAUTHORIZED PETS. Smoking or vaping of any kind is prohibited, including cigarettes, cigars, marijuana/cannabis, vaping devices, and similar products. Pets/animals are prohibited unless Smart Choice gives prior written authorization, except where an animal must be permitted by applicable law.

If Smart Choice Rides identifies evidence of smoking, smoke or marijuana odor, ashes, cigarette/cigar remnants, burn marks, vaping residue, pet hair, pet odor, stains, scratches, or other evidence of an unauthorized animal, and/or reasonably determines that a violation occurred during the rental, Renter agrees to a $250 fee for each applicable violation.

Smoking violation: $250. Unauthorized pet violation: $250. These fees are separate and may both apply. They do not limit responsibility for separate physical damage or other lawful amounts owed.

EXCESSIVE CLEANING

Renter must return the Vehicle in reasonably clean condition considering normal use. If it requires excessive or specialized cleaning beyond routine between-rental preparation, Smart Choice Rides may assess a $150 excessive-cleaning fee.

Examples include excessive trash, food/beverage spills, stains, excessive sand, mud, dirt/debris, bodily fluids, excessive interior soiling, or other conditions requiring substantial additional cleaning/detailing. Ordinary dirt from normal authorized use is excluded. Smart Choice may document condition with photos, video, or cleaning records.

AUTHORIZED USE, PROHIBITED USE & IMMEDIATE TERMINATION

Only the Renter and approved additional drivers may operate the Vehicle. Unauthorized, unlicensed, suspended/revoked, impaired, or otherwise ineligible driving is prohibited.

· Racing, speed contests, drifting, burnouts, reckless driving, driver-training events, or intentionally dangerous operation;

· Off-road use or roads/terrain not reasonably appropriate for the Vehicle;

· Towing, pushing, or pulling a vehicle, trailer, or object without prior approval;

· Overloading beyond manufacturer passenger, cargo, or weight limits;

· Transporting hazardous or illegal materials or using the Vehicle in criminal activity;

· Sub-renting, loaning, transferring, or providing the Vehicle to an unauthorized driver;

· Driving outside authorized geographic limits;

· Continuing to drive after a serious warning or unsafe condition when continued use could cause additional damage;

· Leaving the Vehicle running and unattended or unsecured with keys/key fob inside or readily accessible.

If Smart Choice Rides reasonably determines that an unauthorized driver operated the Vehicle or prohibited use occurred, the conduct is a material breach and may result in immediate termination of the Rental Agreement and authorization to possess/operate the Vehicle. Upon notice, Renter must discontinue use and follow instructions for prompt safe return. Smart Choice may exercise lawful recovery remedies.

Termination does not eliminate amounts already owed. No refund or rental credit is guaranteed when Smart Choice terminates a rental because of Renter's material breach, subject to applicable law.

GIG, DELIVERY, RIDESHARE & COMMERCIAL USE

Vehicles may not be used for rideshare, delivery, courier, gig-economy, or other commercial driving, including Uber, Lyft, DoorDash, Uber Eats, Instacart, Amazon Flex, or similar services, unless Smart Choice Rides gives prior approval.

To be considered, Renter must use a qualifying credit card in the Renter's name and provide acceptable proof of insurance with applicable liability and physical-damage coverage that does not exclude the intended rideshare, delivery, or commercial activity. Smart Choice may request additional verification. Credit card and insurance alone do not authorize gig use; Smart Choice approval is required.

Unauthorized gig/commercial use is a material breach and may result in immediate termination.

INSURANCE, DAMAGE & SECURITY DEPOSIT

IMPORTANT FLORIDA INSURANCE NOTICE - USE ONLY AFTER COUNSEL/INSURER CONFIRMS THIS NOTICE APPLIES TO SMART CHOICE'S PROGRAM:

THE VALID AND COLLECTIBLE LIABILITY INSURANCE AND PERSONAL INJURY PROTECTION INSURANCE OF ANY AUTHORIZED RENTAL OR LEASING DRIVER IS PRIMARY FOR THE LIMITS OF LIABILITY AND PERSONAL INJURY PROTECTION COVERAGE REQUIRED BY SS. 324.021(7) AND 627.736, FLORIDA STATUTES.

Renter must have acceptable full coverage automobile insurance (Collision & Comprehensive coverage) applicable to the rental Vehicle before taking possession of the Vehicle.

If the Renter does not have acceptable full coverage insurance, the Renter must purchase applicable coverage through Bonzah, RentalCover, or another third-party insurance/protection provider approved by Smart Choice Rides before taking possession of the Vehicle.

NO VEHICLE WILL BE RELEASED UNTIL ACCEPTABLE PROOF OF REQUIRED COVERAGE HAS BEEN PROVIDED AND/OR THE REQUIRED SMART CHOICE-APPROVED THIRD-PARTY COVERAGE HAS BEEN PURCHASED AND VERIFIED.

Smart Choice Rides may reasonably verify the Renter's insurance or approved third-party protection before releasing the Vehicle and may request policy information, proof of coverage, confirmation of effective dates, or other documentation reasonably necessary to determine whether the coverage applies to the rental.

The Renter is responsible for ensuring that required insurance or approved third-party protection remains active and applicable throughout the entire Rental Period, including approved extensions. Cancellation, expiration, lapse, or loss of required coverage must be immediately reported to Smart Choice Rides and may constitute a material breach of this Agreement.

If Renter has applicable personal automobile insurance or other primary coverage, Renter agrees to promptly report covered loss and cooperate with the insurer's claims process. Renter authorizes reasonable claim-related communication and documentation between Smart Choice Rides and the insurer.

If Renter purchases Bonzah, RentalCover, or another approved third-party protection product, claims are handled according to that provider's policy terms, exclusions, deductibles, limits, and procedures. Smart Choice Rides does not guarantee approval/payment. Renter remains responsible for lawful amounts excluded, denied, above limits, or otherwise unpaid.

To the fullest extent permitted by law and subject to applicable coverage, Renter is financially responsible for loss of or physical damage to the Vehicle occurring during the Rental Period, except to the extent caused by Smart Choice Rides' negligence or otherwise prohibited by law.

The security deposit may be applied toward legitimate damage amounts owed. It is not an insurance deductible and is not a cap on liability. Smart Choice Rides will make appropriate adjustments to avoid duplicate recovery for the same loss.

ACCIDENTS, DAMAGE & CLAIMS PROCEDURE

Renter must promptly report to Smart Choice Rides any accident, collision, vehicle damage, vandalism, theft/attempted theft, mechanical issue, warning light, or other incident, regardless of perceived severity.

Renter should contact Smart Choice before further non-emergency action, except when emergency medical assistance, immediate law-enforcement involvement, or other action is reasonably necessary for safety or required by law.

When requested by Smart Choice, required by law, or reasonably necessary for an insurance claim, Renter must promptly contact the appropriate law-enforcement agency and obtain/cooperate in obtaining a police or incident report. Renter understands an insurer/protection provider may require such documentation.

Renter must reasonably cooperate and may be required to provide photos/video, police report/report number, other driver's insurance/contact information, witness information, a description of events, and other reasonable claim documentation.

Smart Choice Rides will assist the Renter with initiating/navigating the applicable claims process. Assistance is not an admission of liability and does not guarantee insurer/provider approval.

Renter may not authorize repairs, bodywork, replacement parts, or non-emergency towing without prior Smart Choice approval, except immediate action reasonably necessary for safety or to prevent materially greater damage.

POST-RETURN INSPECTION & DAMAGE DISCOVERED AFTER RETURN

Return of the Vehicle, surrender of keys, or physical receipt by Smart Choice does not constitute confirmation that the Vehicle is free of damage or violations. Smart Choice has a reasonable opportunity after return to inspect exterior, interior, tires/wheels, glass, lights, reasonably accessible underbody, fuel, mileage, cleanliness, odors, equipment, and other relevant conditions.

If Smart Choice identifies damage or evidence of a violation not documented as pre-existing and reasonably determines it occurred during Renter's possession, Smart Choice may document it using photos/video, inspection records, repair estimates, diagnostics, cleaning records, or other reasonable evidence.

This includes dents, scratches, body/glass/wheel/tire/interior damage, stains, burns, missing equipment, excessive cleaning conditions, smoking evidence, and unauthorized-pet evidence.

For unattended/after-hours return, Renter remains responsible until the Vehicle is returned at the authorized location and secured according to Smart Choice instructions. Unattended return does not prevent later documentation of conditions reasonably determined to have arisen during the rental.

ROADSIDE ASSISTANCE, BREAKDOWNS & TOWING

Renter must promptly report mechanical problems, warning lights, overheating, unusual noises, flat tires, battery issues, breakdowns, or other conditions affecting safe operation and must stop when continued operation could reasonably cause additional damage or danger.

Except in an emergency, Renter may not arrange repairs, parts, towing, or mechanical work without Smart Choice approval.

For mechanical failure not caused or contributed to by Renter/driver misuse, neglect, accident, prohibited use, or breach, Smart Choice will coordinate reasonable roadside assistance, towing, repair, or appropriate help; Renter will not be charged for repairs/towing attributable solely to that failure, except where law permits otherwise.

Renter may be responsible for reasonable assistance/towing/recovery/repair costs caused by Renter conduct, including lost/damaged/locked-in keys, discharged battery from leaving accessories on, wrong fuel, running out of fuel, impact-related tire/wheel damage, getting stuck, unauthorized off-road use, accidents, or unauthorized towing.

A replacement Vehicle is subject to availability and is not guaranteed to be the same make, model, size, capacity, or class.

SCHEDULED MAINTENANCE & VEHICLE SWAPS

For extended rentals, Smart Choice may require the Vehicle to be made available for scheduled maintenance, inspection, preventative service, repair, recall work, tire service, oil change, or other reasonably necessary service.

Smart Choice will notify Renter and may temporarily exchange the Vehicle for another available rental Vehicle, generally handling transport to/from service. Temporary replacement is subject to availability and is not guaranteed to match make, model, color, trim, features, or class.

After service, Smart Choice may require exchange back to the original Vehicle. All Agreement terms apply to temporary/replacement Vehicles.

Mileage, fuel, and condition will be documented at each exchange. Mileage from all Vehicles may be combined under the same rental allowance; a swap does not restart mileage.

Unreasonable refusal or repeated failure to make the Vehicle available after reasonable notice may be treated as a material breach when it interferes with required maintenance or safe operation.

TOLLS, CITATIONS & ADMINISTRATIVE FEES

Renter is responsible for tolls, parking charges/citations, traffic citations, red-light/speed-camera notices, and other fines/charges attributable to the Vehicle during the Rental Period, even when received after return.

Tolls: actual toll amount plus a $25 administrative processing fee per toll notice/invoice processed by Smart Choice Rides, to the extent permitted by law.

Other citations/violations: actual citation amount plus a $25 administrative processing fee per citation/notice processed by Smart Choice Rides, to the extent permitted by law. Renter is also responsible for late penalties caused by Renter's failure to timely address a violation after notice.

Smart Choice may identify/transfer Renter to the issuing authority where permitted or pay/process the charge and seek reimbursement. Legitimate post-rental charges may be processed under the payment authorization, subject to law and payment-provider rules.

MISSING, LOST OR DAMAGED EQUIPMENT & ACCESSORIES

Renter must return all keys, key fobs, documents, toll transponders, floor mats, spare-tire/tire-changing equipment, charging cables/adapters, child/booster seats, removable seats/headrests, cargo accessories, and other supplied items.

If an item is lost, missing, stolen, destroyed, or damaged beyond ordinary wear during the rental, Renter may be responsible for the actual reasonable repair/replacement cost, including necessary programming or installation, to the extent permitted by law.

Smart Choice may use pre/post photos/video, inventory/inspection records, receipts, estimates, or other reasonable documentation. Ordinary wear and tear is excluded.

THEFT, STOLEN KEYS & PERSONAL PROPERTY

If the Vehicle, keys/key fob, plate, or other vehicle property is lost or stolen, Renter must immediately notify Smart Choice Rides, promptly make a police report, provide the report number, and reasonably cooperate with Smart Choice, law enforcement, insurers, and protection providers.

Renter may be responsible for lawful amounts that insurance/protection denies, excludes, or does not cover when loss was caused or materially contributed to by Renter's negligence, intentional conduct, or breach, including leaving the Vehicle running/unattended, keys readily accessible, intentionally failing to secure the Vehicle, giving it to an unauthorized person, abandonment, failure to promptly report theft, unlawful use, or materially false loss information.

Smart Choice Rides is not responsible for personal property left, lost, stolen, or damaged in or around the Vehicle except to the extent responsibility cannot lawfully be excluded. Renter must remove belongings at return.

GPS, OBD-II TRACKING, LOCATION TRACKER & STARTER-INTERRUPT

Renter acknowledges Smart Choice Rides Vehicles are equipped or may be equipped with OBD-II GPS/telematics tracking devices, independent/non-Apple location-tracking devices, and starter-interrupt/vehicle-recovery technology.

Depending on equipment, systems may provide location, movement, mileage, speed, diagnostic, battery, trip, or other vehicle-related data. To the extent permitted by law, Smart Choice may use such data for overdue/stolen/abandoned/unlawfully retained vehicle location/recovery, geographic restrictions, suspected prohibited use/unauthorized drivers, roadside assistance, maintenance, claims, theft/fraud prevention, safety, and valid legal process.

Renter must not remove, unplug, disable, tamper with, obstruct, damage, or interfere with GPS, OBD-II, tracking, telematics, anti-theft, or starter-interrupt equipment. Tampering is a material breach and may result in immediate termination and reasonable repair/replacement costs.

Smart Choice will not intentionally use starter-interrupt technology to shut off a moving Vehicle. To the extent permitted by law and reasonably safe, it may be used to prevent restart in connection with an overdue, stolen, unlawfully retained, or terminated rental.

Vehicle-related data may be shared when reasonably necessary and permitted by law with law enforcement, insurers/claims administrators, roadside/towing/recovery providers, or other service providers. Smart Choice does not represent that telematics are continuously monitored or guarantee that tracking technology will always function.

VEHICLE RECOVERY, IMPOUNDMENT & FAILURE TO RETURN

If the Vehicle is towed, booted, impounded, immobilized, or seized because of Renter/driver conduct, illegal parking, traffic violations, prohibited use, abandonment, or another circumstance attributable to Renter's possession/use, Renter is responsible for reasonable recovery-related costs to the extent permitted by law and must immediately notify Smart Choice.

If Renter fails to return the Vehicle and lacks approval for continued possession, Smart Choice may terminate authorization and exercise lawful remedies to locate/recover the Vehicle. Additional rental charges do not themselves authorize continued possession.

Failure to respond to Smart Choice communications does not extend or authorize possession.

When Smart Choice is required to recover/repossess the Vehicle because of Renter's breach, Renter is responsible for the legitimate outstanding balance plus a $150 Vehicle Recovery Administrative Fee, to the extent permitted by law. This fee is separate from reasonable third-party towing, storage, locksmith, transportation, or other recoverable expenses actually incurred.

If personal belongings are found in a recovered Vehicle, Smart Choice may remove and reasonably secure them for retrieval, require reasonable proof of identity, establish reasonable retrieval procedures/hours, and handle unclaimed property according to law. Retrieval of belongings does not waive or reduce any legitimate outstanding balance, recovery fee, damage claim, or other amount owed.

PAYMENT AUTHORIZATION, DECLINED PAYMENTS & CHARGEBACKS

By electronically signing, Renter authorizes Smart Choice Industries LLC / Smart Choice Rides to charge payment method(s) provided for legitimate amounts due under this Agreement, including amounts learned or received after return and attributable to the Rental Period, subject to law and payment-provider rules.

Authorized charges may include rental/extension/additional-day charges; security deposit; $0.72 excess mileage; $8.00/gallon refueling; $150 excessive cleaning; $250 smoking; $250 unauthorized pet; toll/citation amounts and applicable $25 processing fees; towing/impound/storage/locksmith/recovery; damage; missing equipment; $150 Vehicle Recovery Administrative Fee; and other specifically disclosed lawful charges.

If an authorized payment is declined, reversed, returned, rejected, or unsuccessful, Renter remains responsible for the underlying legitimate amount and agrees to provide another approved method upon request.

Renter agrees to promptly contact Smart Choice regarding disputed charges so documentation may be reviewed. Nothing prevents Renter from exercising lawful chargeback/dispute rights. A chargeback does not by itself eliminate an amount legitimately owed. Smart Choice may provide the signed Agreement, photos, inspection/mileage/fuel records, invoices, toll/citation records, communications, and other relevant documentation in response.

Cash, Zelle, Cash App, prepaid, debit, or other approved payment does not eliminate responsibility for post-rental charges. Legitimate unpaid balances may be pursued through lawful collection remedies after notice and reasonable opportunity to pay.

GRAVES AMENDMENT & LIMITATION OF OWNER LIABILITY

The parties acknowledge 49 U.S.C. § 30106, commonly known as the Graves Amendment. To the extent its requirements are satisfied, an owner engaged in the trade or business of renting/leasing motor vehicles is not liable under state or local law merely by reason of ownership for harm arising from use, operation, or possession during the rental period.

TO THE FULLEST EXTENT PERMITTED BY LAW, SMART CHOICE RIDES AND THE VEHICLE OWNER SHALL NOT BE LIABLE SOLELY BECAUSE OF VEHICLE OWNERSHIP FOR HARM CAUSED BY RENTER'S OR ANOTHER DRIVER'S USE, OPERATION, OR POSSESSION.

Nothing in this Agreement waives or limits liability that cannot lawfully be waived or limited, including applicable liability for Smart Choice's or an owner's own negligence or criminal wrongdoing, or non-waivable financial-responsibility/insurance obligations.

INDEMNIFICATION & ASSUMPTION OF ORDINARY DRIVING RISKS

To the fullest extent permitted by law, Renter shall defend, indemnify, and hold harmless Smart Choice Rides, the Vehicle owner, and their members, managers, employees, and agents from third-party claims, liabilities, damages, fines, penalties, losses, and reasonable costs/attorney's fees arising from Renter's or a driver's possession, operation, misuse, or breach, except to the extent caused by negligence, willful misconduct, or other non-waivable responsibility of the person seeking indemnity.

Renter understands that operating/riding in a motor vehicle involves ordinary travel risks and accepts risks arising from Renter's own operation, conduct, route choices, passengers, cargo, and authorized use. This does not release Smart Choice from a duty/liability that cannot legally be waived.

ELECTRONIC RECORDS, SIGNATURE & ACKNOWLEDGMENT

Renter agrees that photographs, videos, electronic inspection records, mileage/fuel records, electronic communications, timestamps, GPS/telematics records where lawfully collected, and other electronic rental records may be maintained and used for legitimate rental administration, claims, damage assessment, payment disputes, maintenance, vehicle recovery, and enforcement, subject to applicable law.

BY ELECTRONICALLY SIGNING THIS AGREEMENT, RENTER ACKNOWLEDGES THAT RENTER HAS RECEIVED, REVIEWED, UNDERSTANDS, AND AGREES TO ALL TERMS AND CONDITIONS, INCLUDING SECURITY DEPOSIT/PAYMENT, INSURANCE, DAMAGE RESPONSIBILITY, GEOGRAPHIC AND MILEAGE LIMITS, PROHIBITED USE, SMOKING/PET/CLEANING FEES, TOLLS/CITATIONS, TRACKING/STARTER-INTERRUPT, RECOVERY, INDEMNIFICATION, AND LIABILITY-LIMITATION TERMS. RENTER AGREES THAT THE ELECTRONIC SIGNATURE HAS THE SAME LEGAL FORCE AND EFFECT AS A HANDWRITTEN SIGNATURE TO THE EXTENT PERMITTED BY LAW.

GOVERNING LAW, SEVERABILITY & ENTIRE AGREEMENT

Florida law governs this Agreement without expanding any waiver/limitation prohibited by law. Any venue, arbitration, jury-waiver, class-waiver, or attorney-fee provision should be added only after Florida counsel approves it for Smart Choice's actual operations.

If a provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain effective. This Agreement, rental record, condition records, rate/fee disclosures, approved extensions, and signed/electronic addenda constitute the parties' agreement. Changes require written/electronic confirmation by Smart Choice.

CANCELLATION, NO-SHOW & EARLY RETURN

Cancellation within one (1) hour after a paid reservation is confirmed: 100% refund of amounts paid directly to Smart Choice Rides, excluding independently non-refundable third-party charges, if any.

After the first hour, cancellation more than twenty-four (24) hours before scheduled pickup: 50% refund of applicable base rental charges paid to Smart Choice Rides.

Cancellation within twenty-four (24) hours of scheduled pickup: no refund. No-show without an approved change: no refund.

Smart Choice Rides may, in its discretion, make a courtesy exception, issue a credit, reschedule, or provide a partial/full refund. An exception does not amend this Agreement or require a future exception.

Early Return. After the trip begins, a voluntary early return qualifies for a refund equal to 50% of unused full-day base rental charges. Partial days are not unused days. Example: 5 days at $50/day, returned after 2 days, leaves $150 in unused full-day base charges; refund is $75. Deposits, incurred charges, and third-party protection products are handled separately. Third-party product refunds are governed by the provider's terms.

Refund posting time is controlled by the bank, card issuer, payment processor, or financial institution after Smart Choice Rides processes an approved refund.

Set by SmartChoice Rides.

TOS

Car Rental Agreement

1. Use of Vehicle

a. The Vehicle shall not be used for any unlawful purpose.

b. The Vehicle shall not be operated by anyone other than the Renter or authorized drivers listed.

c. The Renter shall not use the Vehicle for racing, towing, off-road driving, or commercial passenger transport.

d. The Renter shall comply with all traffic laws and regulations.

e. The Renter is responsible for all fines, violations, and penalties incurred.

2. Maintenance and Repairs

The Renter shall exercise reasonable care in using the Vehicle. The Renter shall immediately notify the Company of any mechanical issues or damage. Unauthorized repairs are prohibited. Routine maintenance shall be performed by the Company.

3. Insurance and Liability

The Renter shall maintain insurance coverage as required by law. In case of an accident or damage, the Renter is responsible for the deductible or any uncovered amounts. The Company shall not be liable for loss or damage to the Renter's property.

4. Accidents and Reporting

In the event of an accident, theft, or damage, the Renter must:

a. Notify the Company immediately.

b. Contact the police and file a report.

c. Provide all necessary information to the Company and insurance providers.

d. Cooperate in any investigation or claim process.

5. Return of Vehicle

The Vehicle must be returned to the Company in the same condition as received, with all documents, keys, and equipment. Additional charges will apply for any missing items, damages, excessive dirt, or fuel shortages.

6. Termination and Breach

The Company may terminate this Agreement immediately if the Renter breaches any terms. Upon termination, the Renter must return the Vehicle immediately, and any remaining rental fees and damages will become due.

7. Indemnification

The Renter agrees to indemnify and hold harmless the Company from any claims, damages, or expenses arising from the Renter’s use of the Vehicle.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of __________. Any disputes shall be resolved through negotiation, and if necessary, binding arbitration in the jurisdiction of the Company’s principal office.

9. Miscellaneous

a. This Agreement constitutes the entire understanding between the Parties.

b. No modification shall be valid unless in writing and signed by both Parties.

c. If any provision is held illegal or unenforceable, the remaining provisions remain in full force and effect.

10. Prohibited use

Prohibited vehicle uses and activities involving a vehicle booked through SmartChoice include the following:

• Allowing the vehicle to be pushed or towed by anyone other than an authorized law enforcement or service vehicle

• Driving a manual transmission vehicle without being an expert in the use of clutches and manual transmissions

• Disregarding SmartChoice’s restrictions for traveling across certain country borders depending on where your trip originates

• Driving without a valid license, or if you do not meet our requirements for booking a car.

• Engaging in or as part of the commission of a crime or any other illegal activity or purpose

• Engaging in excessive speeding

• Fueling a vehicle with an improper fuel type

• In California, Minnesota, New York, Oregon, and countries outside the United States, you may not engage in professional uses, that is, drive other passengers for a fee such as through Uber or Lyft or deliver food or other packages

• Intending to cause damage, or behaving with wanton, willful, or reckless disregard for safety

• Leaving the vehicle unattended while it’s running or with the keys in the vehicle

• Loading the vehicle beyond its rated capacity or with more passengers than the vehicle has seat belts

• Making any unapproved alterations, additions, or improvements to any vehicle*

• “Off roading” or driving on undeveloped or unimproved roads

• Operating the vehicle while the driver is under the influence of alcohol above the legal limit or any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended

• Participating in any race, test, or competition

• Permitting someone who’s not an Approved Driver** to drive a vehicle booked via SmartChoice

• Smoking in the vehicle

• Towing or pushing anything

• Transporting any flammable, toxic, volatile, poisonous, dangerous, or illegal substances

• Transporting a pet in a vehicle that hasn’t been labeled as “pet friendly” without the host’s explicit consent, except in the case of service animals as defined by the ADA, guidelines in Canada, guidelines in the UK, and guidelines in France.

• Using the vehicle without a reservation or outside your trip time

11. Violations

If you engage in any prohibited uses with a vehicle booked through SmartChoice, it may result in:

• A violation fee

• Holding you fully liable for damage repair

• Lowering or fully removing your liability coverage

• Voiding your protection for any physical damage to a host’s vehicle

• Temporarily suspending your use of the platform

• Removing you from SmartChoice

*If you have a safety concern about the vehicle, let your host know. If you tried to reach your host but haven’t heard back after at least 30 minutes, contact SmartChoice. To reach customer support, tap/click the “Contact Us” button at the bottom of this page. Identify your country, indicate you’re a guest, and then type “agent” in the message field.

**Only certain drivers can book and drive a vehicle during a SmartChoice trip. They are guests who have provided required documentation, meet all SmartChoice booking requirements, are currently in good standing, and, as per our Terms of Service, are listed on the reservation. Guests may request and be allowed to add an Additional Driver to a trip. All drivers shall be jointly and severally liable for the trip, but the primary guest (meaning the SmartChoice guest who books the trip) shall remain primarily liable.

12. Booking Requirements

You don’t need to create a SmartChoice account, to book a car.

You must be:

· 18 or older at the time of booking

· 21 and older to book a vehicle with a total market value of more than $20k

· 25 and older to book a Deluxe Class vehicle

· 30 and older to book a Super Deluxe Class, classic, or specialty vehicle

You must have a permanent valid license that allows full driving privileges OR a temporary license (aka temporary driving permit) valid at the start and through the end of the trip. We don’t accept learner’s permits or instruction permits.

A valid license is one that’s not altered, expired, suspended, or revoked. It can’t be conditional, probational, provisional, or restricted. A temporary license is a paper document that allows you to legally drive for a defined period while you wait for your license to be issued or arrive in the mail. Your temporary license must either have your photo on it OR have no photo but be accompanied by another government photo ID on which your first name, last name, and date of birth match the license exactly.

You must pay a young driver fee if you’re ages 18 to 24. The fee varies based on trip length and other factors, which means the fee you pay may change from trip to trip. Young driver fees can’t be waived or refunded once you’ve completed a trip.

13. Graves Amendment

Graves Amendment is a 2005 federal law (49 U.S.C. § 30106) that protects rental and leasing companies from being held automatically liable for accidents caused by their customers, overriding many state laws that previously imposed such liability simply for vehicle ownership. It states that a rental company can only be liable if its own negligence (e.g., failing to maintain the vehicle, providing a dangerous one) contributed to the crash, not just because they own the car. This law applies to standard rentals, dealership loaners, and larger truck leases, aiming to reduce costs by preventing automatic blame on companies for renter negligence.

14.Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

Set by SmartChoice Rides.

CANCELLATION, NO-SHOW & EARLY RETURN

Cancellation within one (1) hour after a paid reservation is confirmed: 100% refund of amounts paid directly to Smart Choice Rides, excluding independently non-refundable third-party charges, if any.

After the first hour, cancellation more than twenty-four (24) hours before scheduled pickup: 50% refund of applicable base rental charges paid to Smart Choice Rides.

Cancellation within twenty-four (24) hours of scheduled pickup: no refund. No-show without an approved change: no refund.

Smart Choice Rides may, in its discretion, make a courtesy exception, issue a credit, reschedule, or provide a partial/full refund. An exception does not amend this Agreement or require a future exception.

Early Return. After the trip begins, a voluntary early has to be granted by owner and the vehicle has to be in bad condition to consider a refund. If vehicle qualifies for an early return, it qualifies for a refund equal to 50% of unused full-day base rate on contract of the rental charges. Partial days are not unused days. Example: 5 days at $50/day, returned after 2 days, leaves $150 in unused full-day base charges; refund is $75. Deposits, incurred charges, and third-party protection products are handled separately. Third-party product refunds are governed by the provider's terms.

Refund posting time is controlled by the bank, card issuer, payment processor, or financial institution after Smart Choice Rides processes an approved refund.