Ph. 765.418.6794
Email: nick@benms.com
WHEREAS,
______________________________________________________, hereinafter known as “Lessee”
desires to lease from Bennington Motorsports LLC,
and WHEREAS, the parties hereto desire to establish in writing the terms and conditions under which Lessee will lease said car.
NOW, THEREFORE, in consideration of the foregoing the parties hereto agree as follows:
1. Lessee will lease from the Lessor a 944 Spec race car for the following dates (“Event”):
________________________________________________________________________
________________________________________________________________________
2. Lessee agrees to pay the sum of ____________ for the Event (“Rental Fee”). Additionally, Lessee agrees to post a credit card for damage deposit pursuant to Paragraph 5 below. A deposit of 25% will secure the car for the Event. The balance, including Rental Fee and damage deposit, will be paid in full at least 14 days prior to the event. The Rental Fee is a flat fee for providing the car. No portion will be returned due to the Lessee’s inability to continue. If the car is damaged in the event and is unable to continue, the full Rental Fee plus any damages is retained by Bennington Motorsports LLC. If the car is unable to continue due to the fault of Bennington Motorsports LLC. or a mechanical failure, the remaining portion of the Rental Fee for the use of the car will be returned on a pro-rated basis.
3. In consideration of the lease stated herein the Lessor agrees to provide a 944 Spec Race Car which passes NASA technical inspection.
4. Lessee shall be responsible for all required credentials, entry fees, test day fees, racing fuel, protective clothing and helmet, travel expenses, food & lodging expenses, and any other personal expenses.
5. Lessee agrees to be responsible for the payment of any and all damage to the car, including, but not limited to engine and body work caused as a result of the use of said car. Lessee agrees to be held liable for all damage to the car and for all damage to any trackside property caused as a result of a driving error by the Lessee. If the car is damaged by the driving error of other driver(s) or vehicle(s) on the course, the grid, the pits, or the paddock, the Lessee remains liable for all damage to the car even if the Lessee may have no fault in the incident. Lessee shall be responsible for damage to the car’s engine as a result of failing to monitor the gauges or overreving of the engine. All repairs shall be made by Bennington Motorsports, Inc. Rental Agreement - Rev 3-12-2009 Page 2 of 3 Bennington Motorsports, Inc., at the expense of the Lessee. Parts will be charged at cost and labor will be charged at a rate of $60 per hour. Lessee agrees that damages will first be deducted from the damage deposit referenced in Paragraph 2. Lessee agrees that sums due in accordance with this paragraph above the credit card damage deposit shall be paid within ten (10) days of the presentation of an itemized bill. Late payments will be charged at an eighteen percent (18%) annual rate on the unpaid
balance, from the due date.
6. Lessee shall not permit any other person to operate the car without prior notification to, and approval by Lessor. Additionally, Lessee agrees that he shall not permit any other person to operate the car unless the person has reviewed this agreement in its entirety, including paragraph 7 on assumption of risk, waiver and release of liability, and executed the contract as a “Co-driver.”
7. ASSUMPTION OF RISK, WAIVER AND RELEASE
OF LIABILITY.
a. Lessor and Lessee recognize and acknowledge that driving a race car generally and participating as a driver of the car in race events specifically constitutes an inherently dangerous and potentially hazardous activity, that it involves equipment that it is or may be experimental and untested in nature, that human error may bear on the success, failure and danger of such activities, that both the driver and the car are being pushed to their respective limits, and that components and parts of the car may from time to time be defective. Lessee acknowledges that based on these risks, Lessee will be exposed to a high degree of risk of serious bodily injury or death, which may or may not be caused by Lessee’s actions or omissions or the actions or omissions of others. In recognition of these facts, and after carefully and fully considering and assessing these risks, and in exchange for the consideration set forth in this agreement, Lessee hereby elects to voluntarily, and of his own free will and accord, enter into this agreement and assume each and every of these and other potential risks of loss, damage, injury or death that may be sustained by Lessee by reason of his participation in the race events. Lessee agrees and acknowledges that Lessee shall operate the car under this agreement at his own risk.
Initial: (Driver and Co-drivers)
b. For and in exchange for the consideration set forth in this agreement, Lessee, for himself, his heirs, devisees, legatees, beneficiaries, administrators, personal representatives, successors and assigns, and to the maximum extent allowed by law, hereby forever and irrevocably releases, indemnifies and holds harmless (and covenants not to sue) Lessor and any of its partners, members, affiliated companies, employees, officer, agents, sponsors and each of their affiliates, agents, officers, directors, members and employees together with the owners, officers, directors, partners, agents, members and employees, as well as each and every of Lessor’s sponsors (including sponsors who furnish equipment, parts, tires or services to Lessor), and each of their respective affiliates, agents, officers, directors, members and employees together with the owners, officers, directors, partners, agents, members and employees (collectively, the “Persons”) from any and all known, unknown, foreseeable or unforeseeable claims, demands, injuries, actions, causes of action and damages of any kind or nature, as well as any recovery for the same under any legal or equitable theory, including but not limited to acts or omissions of the Lessor or Persons, whether based in negligence, improper conduct or some other basis, arising out of or in any manner related to the race events, Lessee’s participation in each and any race event and which Lessee suffers or sustains in connection therewith, while driving the car at any time or in otherwise performing under this agreement.
Initial: (Driver and Co-drivers)
c. Lessee shall defend and indemnify Lessor and Persons for any injuries to any person operating the car from any and all known, unknown, foreseeable or unforeseeable claims, demands, injuries, actions, causes of action and damages of any kind or nature, as well as any recovery for the same under any legal or equitable theory, including but not limited to acts or omissions of the Lessor or Persons, whether based in negligence, improper conduct or some other basis, arising out of or in any manner related to the race events, the person’s participation in each and any race event and which the person suffers or sustains in connection therewith, while driving the car at any time or in otherwise performing under this agreement.
Initial: (Driver and Co-drivers)
d. Without any way limiting the foregoing, Lessee’s agreement to forever and irrevocably waive, release, indemnify and hold such Persons harmless as provided in this Paragraph 7 is given by Lessee on behalf of himself and his heirs, devisees, legatees, beneficiaries, administrators, personal representative, successors and assigns as well as any sponsor and Lessee’s sponsors or agents.
Initial: (Driver and Co-drivers)
8. As a result of the purposes for which the parties hereto have entered into this agreement, the provisions hereto are personal to Lessee and Lessor. Therefore, neither party shall assign his interest in this agreement.
9. In the event that it becomes necessary
for the Lessor to enforce any of the provisions of
this agreement, the Lessee shall be responsible for the payment of all costs
and fees, including legal fees, incurred in the prosecution of said action if
the Lessor is the successful litigant.
10. The Lessor has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the car, except that the car was in “race worthy” condition prior to the commencement of the rental period and that the said car will pass the NASA technical inspection prior to the commencement of the event. The Lessor will not be liable to Lessee for any liability, loss, or damage caused or alleged to be caused directly or indirectly by the car, by any inadequacy thereof, or defect therein, or by any incident in connection therewith.
11. Lessee shall make no alterations to the car without the express consent of the Lessor during the lease period.
12. This document contains the entire agreement between the parties and any modification hereof shall be in writing and executed by both parties.
13. Due to the extreme stresses of racing, there is no warranty expressed or implied, on any products or services sold or leased from Bennington Motorsports LLC.
14. This
agreement shall be interpreted in accordance with the internal laws of the
State of
15. In the event of a cancellation by the Lessee, a 14 day notice must be given to Bennington Motorsports LLC. If the vehicle can be rented to another customer, the deposit will be refunded. If not, the deposit shall be retained to cover the cost of preparing the car.
IN WITNESS WHEREOF, the parties hereunto execute this agreement this _______ day of ________________, 20_____.
Lessee: ________________________________________
DATE:
In consideration of the use of the car under the terms of this agreement, I hereby agree to all of its terms, including liability for damage to the vehicle as set forth in paragraph 5, and the assumption of risk, waiver and release of liability set forth in paragraph 6.
Co-Driver: _____________________________________
DATE:
Co-Driver: _____________________________________
Lessor: ________________________________________
Nick Miller President (
DATE: ___________________
Lessee Contact Information: _______________________
Address: ______________________________________
Phone Numbers: ________________________________
Work Number: __________________________________
Email: ________________________________________
Co-Driver Contact Information: _______________________
Address: ______________________________________
Phone Numbers: ________________________________
Work Number: __________________________________
Email: ________________________________________