Last Revised on May 3, 2019
“Member” or “Renter” (also referred to herein as the “Client”) agrees that he/she has read, is aware of the following terms and conditions concerning the use of a Vehicle and expressly agrees to and accepts and acknowledges all of the terms set forth herein.
These terms, conditions and polices of Club Sportiva (hereinafter referred to as the “Company” or “Club Sportiva”) are the entire understanding (the “Terms, Conditions and Policies”) of a Client and Club Sportiva. It is explicitly agreed that these Terms, Conditions and Policies shall apply to all rentals, experiences or outings by a Client.
“Member” is a Client who has become a Member and pays monthly membership dues. Membership dues are paid on a monthly basis, unless a different rate is determined on the Member Invitation Form. Membership date commences when dues are received and the initial screening described above has been completed. First dues payment will be due upon sign up. Each payment thereafter will be charged on the 1st of the month. Member is responsible for payment of these monthly dues. There is also a one-time initiation fee for new Members that is non-refundable. If membership lapses or becomes inactive, an initiation fee shall be applicable at time of re-activation even though the Member has previously paid an initiation fee on his or her original membership.
“Renter” is everyone else who is not a Member.
“Vehicle” means any or all automobiles which are a part of Club Sportiva’s fleet of Vehicles. The Client expressly acknowledges that the Client and Company are the only parties to these Terms, Conditions and Policies. Client further acknowledges that they are the sole user of the Vehicle and are solely and entirely responsible for compliance with all terms and conditions of these Terms, Conditions and Policies. Client acknowledges and understands that a Vehicle may be owned by Club Sportiva, Bani Auto Group, Inc., or a third party which may or may not be related to Club Sportiva or Bani Auto Group, Inc. (collectively, the “Vehicle Owner”).
Client expressly acknowledges and agrees that driving or riding in a Vehicle is or can be a hazardous activity involving a high-degree of risk that includes, but is not limited to, serious bodily injury or death. Client also expressly acknowledges and agrees that some of the Vehicles provided by Company are “vintage” or “Classic” Vehicles that might not be fitted or equipped with all modern safety features, which include, but are not limited to, airbags, anti-Iock braking systems, brake warning signal, reinforced door panels, roll bars, and/or three point harness seatbelts. This list is not meant to be comprehensive in nature and in no way is meant to limit the list of modern safety features that may or may not be present in the Vehicle. Client also acknowledges that certain Vehicles have the ability to achieve tremendously high speeds at a very rapid rate which are unsafe, even under ideal conditions. Vehicles exhibit extraordinary performance where control of the Vehicle can quickly be lost with dangerous results. It is advised that Client observe all speed limits and NOT attempt to test the limits of the Vehicle, regardless of skill level or road condition. Client acknowledges that certain Vehicles can accelerate extremely quickly, can break traction or unexpectedly, can lose control easily, can hydroplane in rain (also known as “aquaplaning,” a condition when tires plane on standing water with no traction), and can attain dangerously high velocity. If Client is not willing and able to exert this extra driving effort, caution and attention, rentals, experiences, outings or membership is not advised. Client agrees the Client has voluntarily undertaken the risks associated with driving the Vehicle, shall notify all passengers of these risks and agrees to assume any and all risks including, but not limited to, the risk of serious bodily injury or death resulting from driving the Vehicle.
Client forever releases, waives, discharges, and holds harmless the Company and its successors, assigns, subsidiaries, affiliates, agents, employees, shareholders, equity holders, officers, directors, Vehicle Owner, and all others who give recommendations, directions, or instructions and each of them (collectively, the “Related Parties”) from any and all Damages to the Client and its passengers, and covenants not to sue or bring any action against Company and the Related Parties as a result of, or arising from (i) condition or maintenance of the Vehicle, (ii) Client’s possession, usage, operation or driving of the Vehicle, or (iii) any negligence by the Company or Related Parties. As used herein, “Damages” shall mean any and all damages, claims, losses, loss from business interruption, loss of revenue, liabilities, demands, obligations, liens, debts, property damage, personal injury, medical, death, causes of action, lawsuits, judgments, costs or expenses whatsoever (including, without limitation, attorneys’ fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen.
The Client shall defend, indemnify, and hold Company and the Related Parties harmless from any and all Damages that may arise from or are related to Client’s (i) condition or maintenance of the Vehicle, (ii) Client’s possession, usage, operation or driving of the Vehicle, (iii) any negligence by the Company or Related Parties, (iv) claims of, or liabilities to, third parties resulting from sections (i) through (iii) herein, (v) Client’s derivative liability pursuant to California Vehicle Code §17150 et seq., (vi) from the abandonment, conversion, concealment, or (vii) unauthorized sale of the Vehicle or confiscation of the Vehicle by government authority whether or not for any unlawful or improper use.
Club Sportiva requires that the Client’s personal auto insurance be primary insurance in the case of an accident or incident and, as such, the Client must carry liability limits that meet Club Sportiva’s as follows: $100,000/$300,000/$100,000 (per person liability / per accident liability / property damage). Client shall carry comprehensive and collision insurance which covers actual cash value of non-owned auto/rented auto.
Each time Client signs-out a Vehicle, he/she is responsible to ensure that required insurance is available for visual proof to Club Sportiva’s staff and must also carry such written proof during use of Vehicle. Auto insurance coverage for Client at the aforementioned required amounts is required at all times for Vehicles used by Client. Company reserves the right to periodically verify Client’s primary auto insurance will cover the use of the Vehicles. The Client represents and warrants that he/she maintains auto insurance coverage and policy limits that meets or exceeds the Company’s requirements as stated herein. Client personally accepts all financial responsibility should Client’s insurance not adequately cover all Damages, including property damage. All damages, including property, medical expenses, and personal injury incurred are the responsibility of Client.
Client further agrees to notify Company within five (5) business days, at its principal place of business, in the event of any change to his/her auto insurance which causes said policy to not comply with Company’s requirements. In such event, Client shall restore any auto insurance deficiency(ies) to comply with Company’s requirement and notify Company of such restoration within ten (10) business days. If Client fails to restore adequate auto insurance in the time period stated above, Company reserves the right to cancel Client’s membership or refuse to rent a Vehicle to Client.
The Client hereby grants and appoints to Company a limited Power of Attorney to present insurance claims for damages, losses and expenses to Client’s insurance carrier if the Vehicle is damaged while these Terms, Conditions and Policies are in effect, and to endorse Client’s name on insurance payments for charges or damages.
Client is absolutely liable and responsible for any and all loss or damage to any Vehicle, without any offset, during Member’s possession, use or operation of said Vehicle, regardless of whether (i) someone other than Client caused such loss or damage, (ii) the cause is unknown, or (iii) the cause or damage is due to theft, fire, hail, flood, collision, vandalism, or any other cause.
In the event of any damage to a Vehicle requiring repair, loss of revenue may be charged to Client, and Client shall immediate pay to Club Sportiva. Loss of revenue shall be calculated based on (i) the number of days the Vehicle is not active in the fleet as a result of the damage, multiplied by (ii) the “average daily rental rate.” For purposes of these Terms, Conditions and Policies, “average daily rental rate” is the aggregate income generated by the Vehicle in the last thirty (30) days or calendar month divided by thirty (30). Club Sportiva reserves the right to charge for loss of income if Vehicle “down time” exceeds a reasonable repair time, as determined in Club Sportiva’s sole discretion.
In the event of any damage to a Vehicle in excess of minor damage, as set forth below, the Client shall pay a wreck fee ranging from $2,500 to $45,000, based upon the value of the Vehicle involved in the incident. The exact amount of this wreck fee will placed on vehicle check out form including a mobile application. Should this amount not be paid immediately when notified by the Company (and no later than one week from the date of damage), the Client, who is a Member shall have its remaining point balance will be frozen and held from future use until the wreck fee is paid. This wreck fee is NOT part of an insurance deductible the charges to repair the Vehicle, but instead a paid to Club Sportiva for diminution in the Vehicle value due to damage and its decreased value. Club Sportiva may cancel a Client’s membership in addition to and not in lieu of the wreck fee.
The repair fees for tire/wheel damage are charged to Client at the rate of a minimum of $350 per wheel for repair. Vehicle wheel damage and tire damage including punctures, blow outs, sidewall damage is to be avoided, and will be charged to Client.
Client authorizes Club Sportiva (who reserves the right) to charge Client’s credit card on file for the full amount of any fees and costs due and payable to Club Sportiva as a result of Client’s use, operation, or possession of a Vehicle as provided herein, including without limitation, Loss or Damage to Vehicle (Section 7), Loss of Revenue (Section 8), Wreck Fee (Section 9), Wheel & Tire Damage (Section 10), Race Track Use (Section 13), Daily Mileage (Section 15), Reservation Process, Late Pick-up or Drop-off (Section 17), Violations of Law and Contract (Section 28), and all other damages for detailing, fuel tank refill, and other costs. At any time a Member’s Points balance reaches zero or below, Club Sportiva will automatically charge the lowest Points package available, to the Member’s credit card on file; provided that Member may opt in to purchase a larger Points package that offers greater value.
Club Sportiva may use global positioning system (GPS) units and telemetry within its vehicles to monitor driving and reserves the right to revoke Client’s rental and/or membership immediately as a result of reckless driving. No fees, including monthly membership dues, Points packages, or other services, paid by Member shall be refunded upon eviction from the Club.
Client shall not operate the Vehicle on any race track, or carry out any racetrack use, autocross, HPDE educational activities (high performance driver education), competition, or other on track purposes, speed violation, or any type of racing activities with any Vehicle. If it is determined by the Company that a Client is in violation of this policy, Client shall be charged five (5) times the daily weekend rental rate, to be paid in cash or applied against Client’s credit card (per Section 11), for each and every day the Vehicle is used on a race track or Client has engaged in racing activities. A Member will be charged the weekend point rate for the Vehicle.
No driver other than Client is permitted to drive any Vehicle. Client who is the person at Vehicle checkout is solely and completely responsible for ensuring that he/she is the sole driver of the Vehicle.
Company ask that restraint be exercised to avoid excessive mileage for the benefit of the Vehicle and the pleasure and satisfaction of other Clients. To offset the cost of mileage based depreciation, mileage on each Vehicle includes one hundred (100) complimentary miles per day with additional miles charged to Clients at a rate specific to the vehicle rented (exact per mile rate information will be noted on vehicle check out form or mobile application).
There is no specific directional distance restriction placed on Clients or Vehicles. We do, however, ask that you notify us in advance if you plan to exceed approximately 150 miles in radius from the nearest clubhouse. This primarily helps ensure the Vehicle chosen for the intended drive is appropriate for such a trip. A Client exceeding the 150 mile radius shall be responsible for Vehicle roadside service should a roadside assistance issue arise.
Vehicle use is determined based upon a first come first served reservation system. Club Sportiva asks Clients to reserve Vehicles with at least 24 hour advance notice. Club Sportiva asks Clients to treat their reservation appointment like any professional meeting and to be precisely on time. If Member is late by more than 45 minutes for pick-up or drop-off, an extra day reservation fee, in points, will be charged, and if Client is late by more than 45 minutes for pick-up or drop-off, an extra day rental will be charged.
Club Sportiva’s business hours are Sunday through Saturday: 9:00am to 6:00pm. Vehicle pickup/dropoff shall be no later than one (1) hour before closing. For Vehicle reservations that are outside business hours, a before/after hours fee may be charged.
Client shall refer to the cancellation policy as set forth on the online payment authorization form or as shown on the reservation system.
Should a Vehicle that has been reserved by a Client become unavailable (e.g. maintenance or repairs), every effort will be made by Club Sportiva to either provide a substitute a similar Vehicle or equal or greater value.
Points can be purchased at anytime and will be active until such time Member cancels membership or fails to pay monthly dues. Use of a Club Sportiva Vehicle will result in the deduction of points from Member’s account. Club Sportiva reserves the right to make changes to the point system plan and policies. Point value of each vehicle can be viewed by logging into Club Sportiva Member Database.
Minimum Vehicle usage is a twenty-four (24) hour period. Each day rental is equal to a twenty-four (24) hour period. A thirty-three percent (33%) point of a full day’s fee or a full day’s rental charge will be applied to each Vehicle returned between one (1) and three (3) hours late; provided however, a one hour grace period may be permitted without charges for late return only if advance notice is provided to and approved by Club Sportiva. An additional day’s worth of points or a full day’s rental charge will be applied for returns greater than three (3) hours, unless otherwise approved as provide above in this Section.
During a Vehicle pickup, a Club Sportiva liaison will demonstrate basic controls and operation of the Vehicle, such as gear selection, mirror, window and temperature controls. It is the responsibility of the Client to be fully acquainted with the vehicle prior to departure.
Every effort will be made to provide each Vehicle with a full tank of gas at the time of pick up. Client is responsible for returning the Vehicle with the same amount of fuel as when the Client picked up the Vehicle. All Club Sportiva Vehicles require at least 91 Octane from a name brand filling station. Should Club Sportiva need to add gas to fill the tank, it will be done at a cost to the Client which shall be the market price of premium unleaded fuel need to fill the tank plus a $25.00 labor surcharge.
Should a mechanical problem occur which results in a Vehicle breakdown, Club Sportiva will strive to reduce any inconvenience to a Client. If a mechanical problem occurs within a fifteen (15) mile radius of Club Sportiva’s clubhouse, Club Sportiva will dispatch a replacement Vehicle for the Client. The type of replacement Vehicle will depend upon availability, but all efforts will be made to provide a comparable Vehicle to the disabled Vehicle (e.g., convertible for convertible). Should a breakdown occur beyond a fifteen (15) mile radius and not more than one hundred fifty (150) mile radius from Club Sportiva’s office, Club Sportiva has partnered with a roadside assistance company to provide emergency service. For Members, points or day use fees for such breakdown will be reimbursed to a Member, or rental fees paid by a renter, from time of breakdown, unless a Club Sportiva replacement Vehicle is provided as stated above. Should a breakdown beyond a one hundred fifty (150) mile radius from Club Sportiva’s clubhouse occur, we will endeavor to coordinate the use of a replacement rental at the expense of the Member. Club Sportiva will also arrange to have the Vehicle towed back to the nearest clubhouse at the expense of the Client.
When returning a Vehicle, we request Members to notify a Club Sportiva liaison of any observations experienced with the Vehicle during their outing.
Neither Pets nor smoking are permitted in any Club Sportiva Vehicle. Smoking may include cigarettes, cigars, marijuana, vaping, and e-cigarettes. There is a $500.00 detailing fee for odor and pet hair or fur removal. Any additional damage to the interior of the Vehicle will result in additional fees and costs.
Client shall be responsible for all costs associated with any violations of law and/or contract resulting from Client’s use of a Club Sportiva Vehicle. For any such costs (including but not limited to moving violations, parking tickets, speed camera tickets, tolls, and car impound fees), Client will be charged as set forth in Section 11.
Membership is automatically renewed on a continual basis, provided a Member is in good standing and is current on monthly membership dues. Terms of continued membership is not automatic nor guaranteed.
All Member points shall expire upon Member’s failure to pay monthly membership dues or upon cancellation of a Member’s membership.
Client consents and acknowledges that the laws of California govern the interpretation and effect of the Terms, Conditions and Policies. Member acknowledges and agrees that the exclusive jurisdiction for any action or proceeding relating to these Terms, Conditions and Policies shall be Santa Clara County, California. In the event that any dispute between Club Sportiva and a Client should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses.
Client acknowledges and agrees:
Warning: California Vehicle Code §10855 provides the following: ‘Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.
In the event Client fails to return a Vehicle by the scheduled return appointment, or if Company has any reason to believe Client does not intend to timely return the vehicle, Company may, in its sole discretion, notify police or other authorities that the Vehicle has been stolen. Client hereby releases and discharges Company and all Related Parties from any liability and all Damages of any nature arising therefrom. Company has the right to seize without legal process, or notice to Client, the Vehicle at any time or place if the Vehicle is presumed embezzled or stolen and Client waives all Damages connected with said seizure or repossession.
Company does not provide, extend, or afford any insurance coverage to Client, passenger(s), or other third parties. Company’s financial responsibility is expressly limited to those applicable provisions of the California Vehicle Code. Client assumes full responsibility for any and all damage to, destruction of, or loss to property, bodily injury caused to passenger(s), or any third parties, or death of Client, passenger(s) or any third party, which resulted from Client’s rental or use of the Vehicle.
Company shall not be responsible or liable in any manner for loss of, or damage to, property left, stored or transported in the Vehicle at any time before, during usage, or after return of the Vehicle to Company, regardless of any negligence of Company or Related Parties. Client expressly waives any and all Damages against Company for the above and agrees to indemnify Company and Related Parties against any and all costs or expenses stemming therefrom.
By using, accessing, operating, possessing any Vehicle, including acknowledgement in the check in and check out form, you consent and agree that you accept, without limitation or qualification any and all updates and amendments to these Terms, Conditions and Policies. Club Sportiva reserves the right, in our sole discretion, to change, modify, amend, add, or delete portions of these Terms, Conditions and Policies at any time, with or without notice to you. If Club Sportiva does make any such revisions, Club Sportiva will indicate at the top of these Terms, Conditions and Policies the date this was last revised. Unless otherwise stated in a written agreement between Club Sportiva and you, your access, operation, possession or use of any Vehicle on any particular day constitutes your acknowledgement that you’ve reviewed these Terms, Conditions and Policies as it exists on that day, so it is your responsibility to access and review these Terms, Conditions and Policies when you access, use, possess, or operate any Vehicle. If you do not agree to any changes of terms and conditions or policies, do not access, use, possess, or operate any Vehicle. Although Club Sportiva does not have any obligation to affirmatively notify you, we will endeavor to notify all Clients of changes to this change of terms and conditions policy.