This Overlanding Trailer Rental Agreement (the “Agreement”) is made and effective on the _____ day of ________________, 20___ between Midwest Overland Adventures, LLC, (the “Owner”) and ________________________________________________ (the “Renter”) for and in consideration of the mutual covenants and agreements herein contained, and further good and valuable consideration of receipt and adequacy of which are hereby acknowledged by the parties, Owner and Renter covenant and agree as follows:

1. Rented Property.  Owner hereby rents to Renter and Renter hereby rents from Owner that certain overland trailer (hereinafter “Trailer”), more specifically described in Exhibit “A” attached hereto and incorporated herein, to have and to hold, subject to the terms and conditions herein, for the Rental Term (as hereinafter defined).  The Trailer also includes certain equipment listed on Exhibit A.

Renter acknowledges and agrees that Owner shall have the right to substitute a similar trailer in lieu of the Trailer described on Exhibit “A” without prior notice to Renter provided that such substitute is determined by Owner to be comparable type and condition.  

1. Trailer Location.  The Trailer shall be picked up by Renter or delivered to Renter at the following location:

(the “Trailer Site”).

1. Rental Term.  The Rental Term shall begin at ____AM/PM on the _____ day of ___________________, 20___ and expire on the _____ day of ______________________, 20__ at _____:_____AM/PM.  Notwithstanding anything herein to the contrary, Owner may repossess the Trailer at Renter’s expense without notice to Renter if the Trailer is used in violation of law or this Agreement.

1. Users/Occupants.  Renter agrees and warrants that the following persons will be the only persons, with the exception of the Owner and agents thereof, who will use and/or occupy the Trailer.

1. Rent, Deposits, and Fees

1. Reservation Deposit.  A Reservation Deposit in the amount of $_______ (the “Reservation Deposit”) shall be paid to the Owner upon booking the Trailer as a fee to hold the Trailer for the Renter for the Rental Term.  The Reservation Deposit shall be applied to the Base Rent (as hereinafter defined) when the Trailer is delivered and the Rental Term begins.  The Reservation Deposit shall be considered earned and payable to Owner upon booking unless otherwise indicated herein.

1. Security Deposit.  Renter shall provide Owner a valid credit card to secure the payment of damages or costs related to any default of Renter.  The Security Deposit shall be $____300___.  Renter agrees and expressly authorizes Owner to retain the credit card information, ending in the last four digits ______________________, and to charge such credit card for any and all unpaid rent, fees, charges, and costs chargeable to Renter.  We may use your Damage Deposit to offset any damage, rental charges, or loss of use owed to us under this Agreement. Your liability is not limited by the amount of the Security Deposit. You are responsible for the full amount of all damages, rental charges, or loss of use caused in addition to the Security Deposit.

1. Base Rent.  Upon pickup by Renter or delivery of the Trailer to Renter, Renter shall pay to Owner the base rent of $_______________ per calendar day during the Rental Term (the “Base Rent”).  The Base Rent shall be payable in full prior to the beginning of the Rental Term.

1. Daily Mileage/extra fee.  The first _200_ miles per day is included in the Base Rent.  However, an additional $__.50_ per mile will be added for all distances beyond  200_ miles. 

1. Cleaning Fee.  If, in the sole discretion of Owner, the cleanliness of the Trailer is not substantially similar to the level of cleanliness of the Trailer when delivered to the Trailer Site, an additional cleaning fee of $_100__ per hour will be charged to Renter.

1. Inspection.  Renter represents that it has fully inspected the Trailer and acknowledges that the Trailer was in good condition as of the beginning of the Rental Term and that Renter is satisfied with and has accepted the Trailer in such good condition as of the beginning of the Rental Term.  Renter acknowledges being shown how to properly use the Trailer and has had adequate opportunity to ask a representative of Owner any and all questions that Renter may have.  Renter also acknowledges that all equipment within the Trailer is accurately described on Exhibit “A”.

1. Rules and Regulations.  In addition to any other terms and conditions of this Agreement, Renter shall cause the following Rules and Regulations to be followed by all persons occupying the Trailer.  Failure to abide by these Rules and Regulations shall, at the option of Owner, cause early termination of the Rental Term, Renter’s use of the Trailer and forfeiture of all rents and deposits.  The Rules and Regulations are as follows:

1. There shall be no smoking inside of the Trailer.  Evidence of smoking will result in a $ 500  charge.

1. Pets are not allowed in the Trailer unless the Owner provides express written consent of such.  Evidence of unauthorized pets will result in a $ 250  charge.

1. The awnings, if any, are very susceptible to wind and rain damage.  It must be rolled up in windy conditions, at night, and anytime the Trailer is left unattended.

1. Occupants, and all persons using the Trailer, shall obey all of the laws of the State of Iowa or the state where the Trailer is located.

1. At the end of the Rental Term, the Trailer, equipment and any other contents thereof shall be in the same condition as the beginning of the Rental Term.  All items shall be returned clean and in good working order.  All personal property of Renter and trash must be removed from the Trailer.  If the Trailer and Equipment is returned after closing hours, you remain responsible for the safety of, and any damage to, the Trailer and/or Equipment until we inspect it upon our next opening for business. Service to the Trailer and/or Equipment or replacement of parts or accessories during the rental must have our prior approval. 

1. Prohibited Uses & Breach of Agreement.  In addition to the Rental Policies listed above, which you should carefully review, the following uses of the Trailer and/or Equipment are prohibited and are breaches of this Agreement. The Trailer and/or Equipment shall not be: (a) towed by anyone who does not have a valid driver’s license, or by anyone whose driving license is suspended in any jurisdiction; (b) used by anyone under the influence of any drug or alcohol; (c) used by anyone who obtained the Trailer and/or Equipment or extended the rental period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Trailer and/or Equipment; (d) used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (e) used to carry persons or property for hire; (f) used to carry dangerous or hazardous items or illegal material; (g) loaded beyond its capacity as determined by the manufacturer of the Trailer; (h) used in a manner that causes damage to the Trailer, including but not limited to, inadequately securing cargo; (i) used to transport any unapproved or undisclosed animals. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.

1. Refunds and Cancellations. 

1. All cancellations must be submitted in writing via email to __info@midwestoverlandadventures.com .  If Owner receives notice of cancellation   7 days or more before the beginning of the Rental Term, the Reservation Deposit will be refunded in full.  If the Owner receives notice of cancellation  6 days or less, there will be no refund of Reservation Deposit.

1. Refunds of monies paid to Owner (or any other rental fee) will not be given for late arrivals, early departures, or inclement weather conditions.

1. If the Trailer is undeliverable and a substitute is not available, the Reservation Deposit shall be returned in full.  Renter agrees that Owner shall not be held responsible for any resulting or any consequential/special damages to Renter, including but not limited to the costs of finding a replacement Trailer.

1. Lost Items.  Owner is not responsible for lost or misplaced items, or those left behind by Renter.  Renter should notify Owner immediately if Renter discovers any items that may have been left in the Trailer, and Owner will notify Renter of all items found, if any.  Renter shall be responsible for any and all costs for return of any items.

1. Warranties.  Renter acknowledges that Owner makes no express or implied warranty of any kind whatsoever with respect to the Trailer.

1. Owner Liability; Force Majeure.  Owner does not assume or accept liability for any loss, damage or injury to persons or property related to the Trailer.  To the fullest extent possible, Owner shall not be liable in any way to you for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Owner’s failure to commence, perform and/or complete any duty owed to Renter  if such death, delay, bodily injury, illness, damage or loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, extreme weather, or an event which the Company or the supplier of services, even with all due care, could not foresee.

1. Responsibility for Damage or Loss.  Renter is responsible for all damage to, or loss or theft of, the following:  the Trailer including any parts, hookups, interior contents, tires, tools, accessories, equipment, and keys (collectively, “Equipment”).  Such damages shall include the cost of repair, loss of use of the Equipment, diminished value of the Equipment caused by damage to it or repair of it, and all other ancillary costs including administrative expenses incurred processing any insurance claims, regardless of the lack of fault or negligence of Renter.  If the damage is not repairable in Owner’s reasonable discretion, the damages shall be the actual cash retail value of the Equipment on the date of the loss, loss of use and any ancillary administrative costs.  Renter must report all incidents of theft and vandalism to both Owner and the police immediately upon discovery.  Renter shall indemnify and hold Owner harmless from all liability caused by fire, water, theft, vandalism, collision, or any other casualty.  In the unlikely event of an accident, you must contact us as soon as reasonably possible. Please gather all information from the other party (license, insurance, and contact information), if any. You are required to file a police report if there are extensive damages or significant injuries. 

1. Hold Harmless, Waiver, and Release.  The Renter, on behalf of themselves, their guests, invitees, and any other occupants or users, including minor children, acknowledge the inherent risks involved in towing, using, operating and occupying a Trailer and further agree that the use of the Trailer shall be at his or her own risk.   The Renter, on behalf of themselves, their guests and occupants, including minor children, does hereby release, waive, and discharge Owner and each of its owners, managers, officers, employees, independent contractors, representatives and agents, successors and assigns (the “Released Parties”) for any and all liability, claim and/or cause of action arising out of or related to any loss, damage or injury, including death, that may be sustained by the undersigned, their guests or occupants related to, arising out of or incident to the use of the Trailer.

Further, the Renter shall, jointly and severally, indemnify, defend and hold harmless the released parties from and against any liabilities, claims, causes of action, losses, damages and expenses (including reasonable attorneys’ fees and costs) claimed by the undersigned, their guests, or any other occupants or users, or any third party arising out of or related to any loss, damage or injury, including death, related to, arising out of or incident to the use of the Trailer, whether by the undersigned Renter or any other party, including any negligent acts or omissions, willful misconduct or violation of this Rental Agreement.

The undersigned understands, intends and desires to fully release the released parties from any and all liability arising from or related to the use of the Trailer to the fullest extent permitted by applicable laws.

1. Insurance.  Renter shall have auto liability, collision, under-insured and uninsured policies and comprehensive insurance covering Renter, all occupants/users, and the Trailer in the minimum amount required by applicable state law.  Renter agrees that Owner’s own insurance policy shall be secondary to any and all insurance policies of Renter unless otherwise prohibited by law.  The benefits afforded under Renter’s insurance policy shall be primary.  Renter shall provide proof of ownership to the Owner with a copy of the declaration page of Renter’s insurance policy prior to Rental Term commencement.   

1. Miscellaneous Provisions

1. This Agreement is the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties.  This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa.  Any legal action related to this Agreement must be brought in Dallas County, Iowa.  

1. This Agreement may be executed in several counterparts, each of which shall be an original.

1. In the event litigation arises (at the trial or appellate level) in connection with this Agreement, the prevailing party will be entitled to be reimbursed for all costs incurred in connection with such litigation, including without limitation reasonable attorneys’ fees and costs.

1. The undersigned agrees that if any provision of this Agreement or the application thereof to any party or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected hereby and each provision of this Agreement other than such invalid or unenforceable provision shall be valid and enforceable.

1. The undersigned further agrees that the section and paragraph headings in this Agreement are for convenience and reference only, and shall not be deemed to alter or affect the provisions thereof.

1. Where necessary or appropriate to the meaning thereof, the singular and the plural shall be interchangeable and the words of any gender shall include all genders.

1. The failure of either party to insist in any one or more cases upon the strict performance or observance of any obligation of the other party hereunder or to exercise any right or option contained herein shall not be construed as a waiver or relinquishment for the future of any such obligation of the other party.  Owner’s receipt and acceptance of performance of any other obligation by Renter, with knowledge of Renter’s breach of any provision of this Agreement, shall not be deemed a waiver of such breach.  No waiver by Owner or Renter of any term, covenant, or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by the party waiving such term, covenant, or condition.

1. There are no representations, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter of this Agreement which are not fully expressed in this Agreement.