Motor Vehicle Rental Agreement

1. Parties, Definitions & Vehicle Identification

This Motor Vehicle Rental Agreement (this "Agreement") is entered into between GigWheels Private Rental Car Agency, together with its owners, officers, directors, members, employees, agents, contractors, affiliates, and assigns (collectively, "GigWheels," "we," "us," "our," or "Owner"), and the individual identified in the signature block below ("Renter," "you," or "your").

Vehicle: The specific motor vehicle rented under this Agreement (the "Vehicle") is identified by year, make, model, VIN, license plate, color, and odometer reading on the Rental Face Sheet attached and incorporated into this Agreement at pickup.

Rental Face Sheet: The document signed at pickup identifying the Vehicle, rental start date, weekly rate, deposit paid, add-ons selected, fuel level, odometer reading, and pre-existing damage. The Face Sheet is incorporated into and made part of this Agreement.

2. Rental Term, Rates & Renewal

The rental term begins on the date and time the Vehicle is delivered to Renter's possession and continues on a weekly auto-renewing basis until either party terminates in accordance with this Agreement.

Weekly rates are set on the Rental Face Sheet and are billed in advance. Rates include the base weekly fee plus any selected add-ons (mileage plan, TNC Eligibility Fee for named-driver listing on the GigWheels commercial fleet policy where applicable, zero-deposit option, etc.). Applicable Georgia state and local taxes and rental-vehicle fees are additional.

Auto-renewal: Unless Renter provides written notice of non-renewal at least 48 hours before the current weekly period ends, the rental automatically renews for another 7-day period and the weekly charge is billed to the payment method on file. Renter authorizes such recurring charges.

Rate changes: GigWheels may adjust the weekly rate on 14 days' advance written notice (email or SMS to the address/number on file is sufficient). If Renter does not agree, Renter may terminate at the end of the current paid week without penalty.

3. Security Deposit & Payment Authorization

Renter shall pay a refundable security deposit of $1,000 (or such other amount stated on the Face Sheet) at or before pickup. If Renter selects the "Zero Deposit" add-on (at $50/week), the security deposit is waived in exchange for the non-refundable weekly surcharge.

Payment authorization: Renter authorizes GigWheels to charge Renter's credit card, debit card, or bank account on file for:

• The initial weekly rent, deposit, and any selected add-ons;
• Each auto-renewing weekly rent charge;
• Mileage overages, tolls, tickets, citations, impound fees, and administrative processing fees;
• Damage, cleaning, fuel, and loss-of-use charges;
• Any amounts owed under this Agreement, including without limitation any deductibles, insurance claim shortfalls, third-party claim payments, or attorney's fees.

Deposit refund: Deposits are refunded per the Refund & Cancellation Policy — typically within 7–14 business days of Vehicle return, less any lawful deductions.

4. Permitted Use

The Vehicle may be operated ONLY for the following purposes and under the following conditions:

• Geography: Within the geographic boundaries of the State of Georgia. Any operation outside Georgia is a material breach and may void insurance coverage. See §4a below.
• Geography: Within the geographic boundaries of the State of California. Any operation outside California is a material breach and may void insurance coverage. See §4a below.
• Purpose: Rideshare (Uber, Lyft), food/package delivery (DoorDash, Uber Eats, Instacart, Amazon Flex, Grubhub, Roadie, Shipt, etc.), and reasonable personal use incidental to gig work.
• Drivers: Only by Renter or an Authorized Additional Driver named on the Face Sheet and approved in writing by GigWheels.
• Compliance: In full compliance with all applicable federal, state, and local laws, and the terms of service of any gig platform on which the Vehicle is operated.

4a. Operating Restriction (State Boundaries)

5. Prohibited Uses (Void Insurance & Trigger Full Liability)

Any of the following uses is a material breach of this Agreement, immediately terminates any insurance coverage extended to Renter, and makes Renter personally and fully liable for all resulting damage, loss, injury, claims, and attorney's fees. GigWheels may also immediately repossess the Vehicle under §15.

Renter shall NOT, and shall not permit any other person to:

• Operate the Vehicle outside the State of Georgia (see §4a Operating Restriction — no exceptions granted for Georgia-fleet vehicles);
• Operate the Vehicle outside the State of California (see §4a Operating Restriction — no exceptions granted for California-fleet vehicles);
• Operate the Vehicle while under the influence of alcohol, marijuana, controlled substances, or any impairing drug (prescription or otherwise);
• Operate the Vehicle without a valid, unsuspended, unrestricted U.S. driver's license — including any period during which Renter's license has been suspended, revoked, cancelled, expired, or restricted for any reason (child-support arrears, unpaid citations, DUI, insurance lapse, medical restriction, or otherwise). Driving on a suspended, revoked, or cancelled license is a criminal act under the underlying fleet policy's Criminal Acts exclusion and voids all insurance coverage, including coverage for damage to the Vehicle itself;
• Permit any unauthorized person to drive the Vehicle (including friends, family, or any driver not named on the Face Sheet);
• Use, occupy, or permit the Vehicle to be used as a residence or overnight sleeping accommodation, whether temporary or permanent (e.g., sleeping in the Vehicle between shifts, using the Vehicle as a dwelling). Any loss occurring while the Vehicle is used as a residence is excluded from insurance coverage;
• Discharge, or allow to be discharged (accidentally or otherwise), any firearm or dischargeable weapon in, from, or in connection with the Vehicle. Loss arising in whole or in part out of the ownership, maintenance, or use of a firearm in the Vehicle is excluded from insurance coverage. Renter is solely responsible for compliance with all federal, state, and local firearm laws while the Vehicle is in Renter's possession;
• Use the Vehicle for any illegal purpose, including transport of controlled substances, weapons, stolen goods, or persons engaged in criminal activity;
• Use the Vehicle for towing, pushing, or propelling another vehicle or trailer;
• Use the Vehicle for off-road driving, racing, speed contests, driver training, stunt work, track events, or any competitive use;
• Use the Vehicle to transport hazardous, flammable, explosive, corrosive, or biohazardous materials (except in quantities typical of consumer/gig use);
• Sublet, sublease, rent, loan, or transfer the Vehicle to any third party, including but not limited to any re-rental platform (e.g., Turo, Getaround, HyreCar, Kyte);
• Use the Vehicle for taxi service, livery service, non-app-based ride service, or any commercial passenger transport outside approved gig-app platforms;
• Use the Vehicle for long-haul freight, courier, or logistics work outside standard gig-delivery apps;
• Transport more passengers than the number of factory-installed seatbelts;
• Smoke, vape, or permit smoking or vaping of any substance in the Vehicle (triggers a $250+ cleaning fee);
• Transport pets except properly secured service animals as required by the ADA (triggers cleaning fee if damage or excessive hair);
• Modify, alter, add decals to, or install aftermarket equipment in or on the Vehicle without prior written approval;
• Tamper with, disable, remove, or obstruct any GPS device, telematics unit, dash camera, or odometer (see §13);
• Operate the Vehicle in a manner that violates the manufacturer's guidelines, exceeds load ratings, or is otherwise reckless or grossly negligent;
• Fail to secure the Vehicle when unattended (unlocked, keys left inside, running while unoccupied);
• Leave the Vehicle in an area where it may be subject to seizure by law enforcement or a lienholder due to Renter's conduct.

5.1 Material Representations — Truthfulness of Application

Renter represents and warrants to GigWheels that every statement, disclosure, and document Renter provided in the rental application, on the Rental Face Sheet, and in support of this Agreement is true, complete, and not misleading in any material respect, and that Renter has not omitted any fact that a reasonable rental-vehicle owner would consider material to the decision to rent. Without limiting the foregoing, Renter specifically represents and warrants that:

• Renter's driver's license is valid, current, unrestricted, and has not been suspended, revoked, cancelled, or downgraded within the past five (5) years except as disclosed in writing before signing;
• Renter has disclosed every arrest, citation, or conviction within the past seven (7) years for DUI/DWI, reckless driving, hit-and-run, fleeing/eluding, vehicular homicide, driving on a suspended license, or any other criminal traffic offense;
• Renter has disclosed every at-fault accident within the past three (3) years and every insurance claim (paid or denied) within the past three (3) years involving a motor vehicle Renter was operating;
• Renter's stated home address, phone number, email, employer or gig-platform status, and payment method are current and belong to Renter;
• Renter is not currently, and has not been within the past twelve (12) months, the subject of any repossession, non-return, or unresolved damage-claim dispute with any rental-vehicle owner, car-sharing platform, or fleet operator (including but not limited to Turo, Getaround, HyreCar, Kyte, Avail, or any competitor of GigWheels);
• Renter is not a signatory or beneficial party to any bankruptcy proceeding filed within the past twelve (12) months that Renter has not disclosed in writing;
• If Renter has represented that Renter carries a personal or commercial auto policy, that representation is accurate as of the date of signing and Renter has provided (or will provide within the timeframe requested) a true copy of the declarations page.

Consequences of misrepresentation. Any material misrepresentation or omission in the application or in the representations above, whether discovered before, during, or after the rental term, (a) constitutes a material breach of this Agreement, (b) is grounds for immediate termination under §15 and repossession, (c) voids all insurance coverage retroactive to the date of the misrepresentation under the fleet policy's Concealment, Misrepresentation, or Fraud provision (Business Auto Coverage Form §IV.B.2, as modified by CA 01 09 10 13 in Georgia), and (d) makes Renter personally liable for all loss, damage, third-party claims, and defense costs resulting from any accident or loss during the rental term as if no insurance had ever been in force. Renter's obligations under this §5.1 survive termination of this Agreement.

6. Driver Eligibility & Authorized Drivers

Renter and any Authorized Additional Driver must at all times during the rental:

• Be at least 25 years of age;
• Hold a valid, current, non-suspended, non-restricted, non-cancelled U.S. driver's license issued by a U.S. state or territory;
• Maintain an acceptable motor vehicle record (MVR) and background as determined by GigWheels in its reasonable discretion, consistent with the Privacy Policy and applicable law;
• Be actively approved as a driver on at least one supported gig-work platform (or in the process of onboarding);
• Be enrolled by GigWheels as a covered driver under GigWheels's commercial fleet auto policy and remain so enrolled for the entire rental term (see §7.5).

Additional drivers: No person other than the Renter may operate the Vehicle unless that person is (a) listed on the Face Sheet as an Authorized Additional Driver, (b) has passed GigWheels's driver-screening process, (c) has been enrolled as a covered driver under the GigWheels fleet policy, and (d) has signed this Agreement or a joinder to it. Unauthorized-driver operation is a prohibited use under §5.

6.1 Renter's Ongoing Duty to Notify

Throughout the rental term, Renter shall notify GigWheels in writing (email to rent@gogigwheels.com or via the customer portal) within 24 hours of any of the following events affecting Renter or any Authorized Additional Driver:

• Any suspension, revocation, cancellation, expiration, or restriction of the driver's license — even temporary or administrative (e.g., failure-to-appear, child-support hold, unpaid ticket, medical, insurance-lapse);
• Any arrest or citation for driving under the influence (DUI/DWI), reckless driving, hit-and-run, fleeing/eluding, vehicular homicide, or any other criminal traffic offense;
• Any accident, collision, incident, or third-party claim involving the Vehicle, regardless of fault or apparent damage;
• Any lapse, cancellation, non-renewal, or material change in Renter's personal or rideshare auto-insurance coverage required under §7.1;
• Any change of address, phone number, or primary gig platform on which Renter is active.

Failure to notify GigWheels within 24 hours of any of the above is a material breach of this Agreement and, independently, may void insurance coverage retroactive to the event.

6.2 GigWheels's Right to Re-Verify Eligibility

Renter authorizes GigWheels, at any time and at any interval during the rental term, to (a) re-run Renter's motor vehicle record (MVR) with any state licensing authority, (b) re-verify Renter's driver-license status through third-party data providers, (c) re-run Renter's criminal-background and identity checks, and (d) re-verify proof of Renter-provided insurance under §7.1. This authorization survives each auto-renewing weekly period and continues for as long as the Vehicle is in Renter's possession. If any re-verification reveals that Renter no longer meets the eligibility criteria in §6, GigWheels may (i) immediately suspend or terminate this Agreement under §15, (ii) recover the Vehicle, and (iii) charge Renter for any resulting fees, in addition to any other remedies. This right is in addition to, and does not replace, Renter's affirmative duty to notify under §6.1.

7. Insurance Coverage & Renter's Responsibility

7.1 The GigWheels Fleet Policy

The Vehicle is covered under a commercial auto policy issued by Mobilitas Insurance Company (NAIC 16392), placed through Roamly Insurance Group, in the name of the fleet's authorized rental network (Overland Indemnity, LLC). The policy number and effective dates are stated on the Certificate of Insurance available on request. The policy provides the following coverages, subject in every case to the deductibles, exclusions, endorsements, and conditions of the policy itself:

• Covered Autos Liability — bodily injury and property damage the Renter (as an "insured" member) becomes legally obligated to pay to third parties, at state statutory minimum limits (in Georgia: $25,000 per person / $50,000 per accident bodily injury and $25,000 property damage per O.C.G.A. § 40-9-37; in California and other operating states, the applicable state's minimum on the carrier's Liability Limits Schedule, form MIL A 011 0623);
• Auto Medical Payments — reasonable medical expenses for the driver and occupants injured in a covered accident, at the state-schedule limit;
• Uninsured / Underinsured Motorists — where required by the operating state and not rejected on the carrier's schedule (in Georgia the fleet policy currently rejects UM/UIM; no UM/UIM benefit is available for Georgia losses);
• Physical Damage — Comprehensive and Collision — damage to the Vehicle itself (theft, collision, vandalism, weather, glass, hit-and-run, etc.), on an actual-cash-value basis, subject to a $2,500 deductible per loss for every vehicle in the fleet (Vehicle Schedule, all listed VINs). Loss-of-use expenses are not paid under this coverage (endorsement MCA Z 013 0126 deletes Section III A.4.b Loss of Use Expenses).

The coverage territory is the United States of America and Canada only. Coverage is excess over any other collectible insurance available to Renter (including any gig-platform-provided insurance and any personal or commercial auto policy the Renter carries); if no other collectible insurance is available, the fleet policy will respond primary subject to all its exclusions.

7.1a  Scope of Fleet Liability Coverage — Third-Party Only, Off-Rental Context (Plain English)

7.2 🔴 RIDESHARE & DELIVERY EXCLUSION — Coverage Does Not Apply While You Are Logged Into a Gig App

7.3 What the Renter Owes Even When Coverage Applies — The $2,500 Deductible

Even when the fleet policy does respond to a physical-damage loss (i.e., the loss did not occur during an app-active period and no other exclusion applies), Renter is responsible for the $2,500 per-loss deductible on Comprehensive and Collision. This deductible is Renter's obligation to GigWheels regardless of fault, and Renter authorizes GigWheels to charge the payment method on file for the deductible amount under §3. If the actual repair or replacement cost is less than $2,500, Renter is responsible for the actual cost.

7.4 Renter's Own Insurance — Strongly Recommended; Required If Driving for Any Gig Platform

Because the fleet policy carries only state-minimum liability limits, rejects UM/UIM in Georgia, and excludes all app-active periods, Renter is strongly encouraged to carry Renter's own auto insurance policy at higher limits, and required to carry a rideshare / TNC / delivery endorsement or commercial rider if Renter drives the Vehicle for any transportation-network or delivery-network platform. Renter's own insurance is the sole source of coverage during app-active periods (beyond whatever the gig platform itself provides), and is the sole source of any liability protection above the state-minimum limits carried by the fleet policy.

Georgia UM/UIM advisory. The fleet policy has rejected Uninsured / Underinsured Motorists coverage for Georgia losses on the carrier's Liability Limits Schedule (form MIL A 011 0623). If Renter is struck by an at-fault driver who has no insurance or insufficient insurance, no UM/UIM benefit will be available to Renter under the fleet policy. Georgia's uninsured-motorist statute (O.C.G.A. § 33-7-11) allows drivers to purchase UM/UIM under their own policy for exactly this scenario. GigWheels strongly encourages Renter to purchase UM/UIM coverage under Renter's own auto policy and to consider "added-on" limits, which stack on top of the at-fault driver's policy. GigWheels makes no warranty that any UM/UIM protection is available to Renter under the fleet policy.

Subrogation waiver requirement. If Renter maintains a personal or commercial auto policy that would respond to a loss involving the Vehicle, Renter shall use commercially reasonable efforts to (a) name GigWheels (and, on request, the fleet's authorized rental network) as an additional insured for the term of the rental, and (b) obtain a waiver of subrogation against GigWheels under that policy. The fleet policy contains a reciprocal waiver-of-subrogation endorsement (form CA 04 43 11 20) that applies where required by written contract; this §7.4 constitutes such a written contract.

7.5 Rated / Scheduled Driver Requirement

The fleet policy covers only individuals who are (a) screened and approved by GigWheels under §6, and (b) listed on the carrier's Driver Schedule as a "rated" member. Renter represents that Renter has completed GigWheels's driver-enrollment process. Any operation of the Vehicle by a person not listed on the Driver Schedule — even with Renter's permission — falls outside the definition of "member" and "insured" under endorsement MCA Z 013 0126, and voids all coverage for that operation. Unrated-driver losses are 100% Renter's responsibility. If Renter's rated status is terminated or lapses during the rental term, Renter shall immediately stop driving the Vehicle and shall not resume until GigWheels confirms re-enrollment in writing.

7.6 Other Coverage Voiders — Additional Exclusions Under the Fleet Policy

The fleet policy also excludes coverage in the following circumstances (non-exhaustive list, referenced by endorsement form). A loss falling under any exclusion is 100% Renter's financial responsibility:

• Criminal Acts (MCA Z 002 1024, ¶ 4) — any loss caused by, or reasonably expected to result from, a criminal act or omission of the owner or operator, including driving without a license or on a suspended / revoked / canceled license. Traffic violations are not "criminal acts" for this purpose;
• Controlled Substances (MCA A 027 1124) — loss arising from the diversion, abuse, misuse, or delivery of opioids, narcotics, cannabis, or any Schedule I–V controlled substance;
• Expected or Intended Injury (MCA A 004 0622) — injury the "insured" expected, intended, or which might reasonably be expected to result from an intentional or criminal act;
• Racing / Speed Contests — any professional or organized racing, demolition contest, stunting activity, or practicing / preparation for the same;
• Vehicle Used as a Residence (MCA Z 002 1024, ¶ 6) — any loss while the Vehicle is used as a residence, temporary or permanent;
• Firearms (MCA Z 002 1024, ¶ 7) — any loss arising in whole or in part from the ownership, maintenance, or use of a firearm or dischargeable weapon;
• Unauthorized Permissive Use (MCA Z 002 1024, ¶ 5) — loss caused by anyone who failed to gain a "member's" permission, capped at state minimum financial responsibility;
• Punitive Damages (MCA A 008 0622) — punitive, exemplary, or multiple damages, fines, penalties, or court-ordered restitution;
• Passenger Loading / Unloading (MCA A 042 0923);
• Abuse or Molestation (MCA A 019 0922);
• Cyber Liability (MCA A 018 0922);
• Outside the U.S. / Canada — the coverage territory is limited to the United States and Canada; and see §4a operating-restriction geography clauses;
• Concealment, Misrepresentation, or Fraud in the rental application or claim submission voids the entire coverage form.

7.7 No Loss-of-Use Coverage — Renter Pays for Downtime

Loss-of-use expenses are deleted from the fleet Physical Damage coverage by endorsement MCA Z 013 0126. Accordingly, if the Vehicle is out of service due to a covered loss, Renter is responsible for GigWheels's loss-of-use damages as set out in §8 (daily equivalent of the weekly rate for each day out of service, up to 60 days). No insurance available to Renter will pay this amount to GigWheels.

7.8 Certificate of Insurance Available on Request

Renter may request a Certificate of Insurance (COI) showing the current insurer, policy number, effective dates, and coverages in force. GigWheels will provide the COI within a reasonable time. The COI is issued for informational purposes only, does not amend or extend coverage, and does not create any contract between the insurer and Renter. Renter is not a named insured under the fleet policy; Renter's status is that of a "member" and "insured" only as, and to the extent, defined by the policy.

8. Renter's Financial Responsibility for Damage, Loss & Theft

Renter is responsible for the Vehicle from pickup until returned to GigWheels's authorized location and inspected. Renter's financial responsibility is UNCAPPED and includes, without limitation:

• Full retail replacement value of the Vehicle if declared a total loss (as determined by GigWheels in good faith by reference to Kelley Blue Book, NADA, and comparable market listings);
• Full cost of repair for any damage, mechanical or cosmetic, exceeding normal wear and tear, without deduction for depreciation;
• Diminished value — the reduction in the Vehicle's fair market value after repair;
• Loss of use at the daily equivalent of the weekly rate for each day the Vehicle is out of service due to damage or theft, up to 60 days;
• Administrative fee of $500 per claim to process damage/loss;
• Towing, storage, salvage, and recovery costs;
• Insurance deductible and any shortfall between insurance payout and actual loss;
• Third-party bodily injury, property damage, and defense costs to the extent not covered by insurance;
• Attorney's fees, court costs, and collection costs under §21.

These amounts are due within 15 days of GigWheels's written demand. Renter authorizes charging the payment method on file for any and all such amounts (see §3).

9. Mechanical Condition & Renter's Duty to Inspect

Renter acknowledges receiving the Vehicle in visibly good operating condition, subject only to the pre-existing damage noted on the Face Sheet. Renter has had full opportunity to inspect the Vehicle before taking possession and represents that it is fit for Renter's intended use.

Continuing duty: Renter shall inspect the Vehicle daily and shall not operate the Vehicle if any warning light is illuminated, fluid is leaking, tire pressure is abnormal, or any mechanical, electrical, or safety component is not functioning properly. Renter shall immediately notify GigWheels and cease operation.

Operating a Vehicle with a known or reasonably discoverable defect is gross negligence and voids all insurance coverage.

10. Maintenance, Fuel, Fluids & Tires

• Fuel: Return the Vehicle with the same fuel level as at pickup. Fuel shortfalls charged at $9.99/gallon plus a $25 refueling fee.
• Oil & fluids: Renter shall check oil and fluid levels weekly and notify GigWheels for scheduled service. Engine damage from low oil or overheating that Renter should have detected is not covered and is Renter's full responsibility.
• Tires: Renter shall check tire pressure weekly. Damage from underinflation, curb strikes, or driving on a flat is Renter's responsibility.
• Scheduled service: Renter shall bring the Vehicle in for scheduled service (oil changes, inspections) on GigWheels's schedule. Missed service that results in damage is Renter's responsibility.
• No unauthorized repairs: Renter shall not perform or authorize any repair, modification, or alteration without prior written approval. Unauthorized work is at Renter's cost and does not relieve Renter's liability for any resulting damage.

11. Tolls, Tickets, Citations & Impound Fees

Tolls: Renter is responsible for all tolls incurred during the rental. GigWheels will pay any toll bill received and charge Renter's payment method for the toll amount plus a $5 administrative fee per toll transaction.

Tickets & citations: Renter is responsible for all parking tickets, traffic citations, red-light-camera and speed-camera violations, and any other government-issued fine incurred during the rental. GigWheels will process each citation and charge Renter's payment method for the fine plus a $25 administrative fee. Renter authorizes GigWheels to identify Renter as the responsible driver to any issuing authority.

Impound: If the Vehicle is impounded for any reason attributable to Renter's conduct, Renter is responsible for all impound, storage, and recovery costs plus a $250 recovery fee.

Criminal charges: Any conduct that results in criminal charges (DUI, hit-and-run, reckless driving, drug trafficking, etc.) is a material breach; the rental terminates immediately, and Renter is fully liable for the Vehicle and any related third-party claims.

12. Accidents, Theft & Reporting Duties

Renter shall, in the event of any accident, collision, theft, vandalism, or damage:

1. Ensure safety — check for injuries, move to a safe location if possible, call 911 for injuries or serious damage;
2. Call law enforcement and obtain a police report for any accident involving injury, another vehicle, or property damage over $500;
3. Notify GigWheels within 24 hours at (404) 360-3195 and follow up in writing (email to rent@gogigwheels.com);
4. Do not admit fault or negotiate any settlement with any party;
5. Obtain the other driver's name, license, insurance, plate, and contact information; photograph the scene, damage, and vehicles; obtain witness names and contact info;
6. Cooperate fully with GigWheels, insurers, law enforcement, and legal counsel in any investigation, claim, or proceeding, including providing statements and testifying if required.

Failure to comply with any of the above voids insurance coverage and makes Renter personally liable for the full loss and any third-party claim.

13. GPS/Telematics Monitoring — Consent

Renter acknowledges and consents that the Vehicle contains one or more GPS tracking devices, telematics units, and/or dash cameras, and that continuous, real-time and ongoing telematics data collection is a condition of GigWheels's commercial fleet auto insurance. GigWheels and its insurers may use these devices to record and receive:

• Time-stamped Vehicle location and route;
• Speed, harsh braking, acceleration, cornering, and other driver-behavior indicators;
• Mileage, odometer, and time-of-use data;
• Engine diagnostics and vehicle-status data (fault codes, battery, ignition state, seat-belt use);
• Fuel consumption and related powertrain telemetry;
• Interior and/or exterior video and audio from any installed dash camera;
• Any other data category the underlying fleet insurer requires from time to time.

GigWheels may use, share, and rely on this data to:

• Detect prohibited use (§5), including operation outside the fleet-registered state, unauthorized drivers (via pattern analysis), or reckless operation;
• Recover the Vehicle in the event of theft, default, or repossession (§15);
• Provide data to insurers, adjusters, law enforcement, or courts as required or requested;
• Satisfy GigWheels's obligations to its commercial fleet insurer, including the telematics-data-provision requirement stated in the applicable Roamly / Mobilitas telematics addendum.

Insurance consequence of interruption. Renter acknowledges that the underlying fleet policy is issued in reliance on the continuous provision of telematics data. Any interruption, disabling, obstruction, tampering, or failure to provide such data — whether by Renter's action, negligence, or by leaving the Vehicle in a location that blocks signal for an extended period — may void insurance coverage for the Vehicle during the interruption and thereafter.

Tampering prohibited. Any attempt to disable, remove, obstruct, or interfere with a GPS device, telematics unit, or dash camera is a material breach; the rental terminates immediately; and Renter is liable for the cost of the device ($500 minimum) plus a $500 tampering fee, plus full liability for the Vehicle. Renter shall not remove any factory-installed OBD-II device.

See our Privacy Policy for how telematics data is stored, used, and retained.

14. Late Return, Extension & Abandonment

Return time: Renter shall return the Vehicle at the location and time specified on the Face Sheet, or the end of the current auto-renewing weekly period.

Grace period: A 2-hour grace period applies. After the grace period, a late fee of $25 per hour applies (up to the daily equivalent of the weekly rate per day).

24-hour rule: If the Vehicle is not returned within 24 hours of the scheduled return time and Renter has not communicated with GigWheels, the Vehicle is deemed unlawfully retained. GigWheels may (a) file a stolen-vehicle report with law enforcement, (b) suspend all insurance coverage, (c) initiate repossession under §15, and (d) hold Renter liable for the full replacement value of the Vehicle plus all associated costs.

Abandonment: Personal property left in the Vehicle after return is considered abandoned after 14 days and may be discarded without further notice. GigWheels is not responsible for loss or damage to any personal property left in the Vehicle.

15. Default & Immediate Repossession

Any of the following is an "Event of Default":

• Failure to pay any amount when due (rent, deposit, damages, fees);
• Any prohibited use under §5;
• Unauthorized-driver operation;
• Late return exceeding 24 hours without communication;
• Any misrepresentation on the application or in this Agreement;
• Tampering with GPS/telematics devices;
• Failure to maintain required insurance;
• Arrest of Renter or an Authorized Driver for a felony, DUI, or other serious offense;
• Any breach of this Agreement that is not cured within 3 days of written notice (or immediately if not curable).

Upon any Event of Default, GigWheels may, in addition to all other remedies available at law:

• Terminate this Agreement immediately without further notice;
• Repossess the Vehicle — Renter consents to peaceful self-help repossession, including entry onto Renter's property (or any property where the Vehicle is located) at any time of day or night, without breach of the peace, in accordance with Georgia law;
• Remotely disable the Vehicle using installed telematics (starter interrupt), where equipped;
• Charge the payment method on file for all outstanding amounts;
• Report the default to credit bureaus and, if applicable, gig-platform partners;
• Report the Vehicle stolen if not surrendered on demand;
• Pursue all costs of collection, including attorney's fees under §21.

16. Indemnification

16.1 Insurance Reimbursement Covenant (Cross-Reference)

In addition to the indemnity in §16, Renter has separately covenanted under §7.4 (Insurance Reimbursement Covenant) to reimburse GigWheels for every dollar the fleet insurer pays out on account of any accident, claim, or loss involving the Vehicle during Renter's rental term, including any statutory-minimum payment the insurer could not deny under an otherwise-applicable policy exclusion. That covenant is incorporated into this §16 by reference, is a separate and independent contractual obligation of Renter (not a duplicate of indemnity), and survives termination of this Agreement on the same terms as §16.

16.2 Graves Amendment — Federal Preemption of Vicarious Owner Liability (49 U.S.C. § 30106)

17. Limitation of Liability

Note: This limitation does not apply to (a) claims arising from GigWheels's gross negligence or willful misconduct; (b) statutory rights that cannot be waived under Georgia or federal law; (c) claims by third parties injured by Renter's operation of the Vehicle; or (d) any minimum insurance coverage required by O.C.G.A. § 33-34-3.

18. Disclaimer of Warranties

19. Assumption of Risk

Renter acknowledges that operating a motor vehicle — particularly for rideshare or delivery work with elevated mileage and extended hours — involves inherent risks including without limitation collision, injury, death, property damage, robbery, assault by passengers or third parties, weather hazards, and mechanical failure. Renter voluntarily assumes all such risks and releases GigWheels and the Indemnified Parties from any claim arising out of any risk inherent in the operation of the Vehicle, except for claims arising from GigWheels's gross negligence or willful misconduct.

20. Personal Guaranty

If Renter enters into this Agreement in the name of an LLC, corporation, partnership, or other legal entity, the individual signing this Agreement (the "Guarantor") personally, absolutely, and unconditionally guarantees the full and prompt performance of all obligations of Renter under this Agreement, including without limitation the payment of all rent, damages, fees, indemnity obligations, and attorney's fees. This is a guaranty of payment and performance, not of collection, and is enforceable directly against the Guarantor without any requirement that GigWheels first proceed against the entity.

The Guarantor waives:

• Notice of default;
• Any right to require GigWheels to proceed first against the entity or any collateral;
• Any defense based on the entity's bankruptcy, insolvency, dissolution, or reorganization;
• Any defense based on modification of this Agreement or extension of time.

21. Attorney's Fees, Costs & Late Charges

If any amount owed under this Agreement is not paid when due and is placed with an attorney for collection, or if any legal action is required to enforce this Agreement, Renter shall pay GigWheels's reasonable attorney's fees in the amount of 15% of the outstanding principal and interest, plus all court costs, collection agency fees, and expenses, in accordance with O.C.G.A. § 13-1-11.

Interest: All past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate allowed by Georgia law, from the date due until paid in full.

Notice of intent to enforce attorney's fees provision: Renter is hereby notified pursuant to O.C.G.A. § 13-1-11 that GigWheels intends to enforce the attorney-fee provisions of this Agreement in the event of default.

22. Waiver of Jury Trial

23. Mandatory Binding Arbitration

Any and all disputes between Renter and GigWheels arising out of or relating to this Agreement, the Vehicle, the rental relationship, or any prior or subsequent dealings — including without limitation claims of breach of contract, negligence, statutory violation, consumer protection, fraud, or defamation — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer Arbitration Rules (as applicable), and judgment on the award may be entered in any court of competent jurisdiction.

Location: Arbitration shall be held in Fulton County, Georgia, or by video conference at the arbitrator's discretion.

Location: Arbitration shall be held in the City and County of San Francisco, California, or by video conference at the arbitrator's discretion.

Arbitrator: A single arbitrator selected under AAA rules.

Costs: Each party bears its own attorney's fees except as provided in §21. Filing and administrative fees shall be paid per AAA rules; if AAA rules require GigWheels to bear a share, GigWheels will do so.

Small-claims carve-out: Notwithstanding the above, either party may bring an individual claim in the Small Claims Division of Fulton County, Georgia, for any dispute within that court's jurisdictional limits.

Small-claims carve-out: Notwithstanding the above, either party may bring an individual claim in the Small Claims Division of the Superior Court of California, County of San Francisco, for any dispute within that court's jurisdictional limits.

Injunctive relief carve-out: Notwithstanding the above, GigWheels may seek immediate injunctive or equitable relief in any court of competent jurisdiction to recover the Vehicle, prevent damage, or protect its property or intellectual property rights, without waiving its right to arbitrate other claims.

Opt-out: Renter may opt out of this arbitration provision by delivering written notice to GigWheels within 30 days of signing this Agreement, addressed to rent@gogigwheels.com with the subject line "Arbitration Opt-Out." Opt-out does not affect any other provision of this Agreement.

24. Governing Law & Venue

This Agreement is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws principles. Subject to the arbitration provision in §23, the exclusive venue for any judicial proceeding (including proceedings to compel or confirm arbitration or for injunctive relief) shall be the state and federal courts located in Fulton County, Georgia, and Renter consents to personal jurisdiction there.

This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration provision in §23, the exclusive venue for any judicial proceeding (including proceedings to compel or confirm arbitration or for injunctive relief) shall be the state and federal courts located in the City and County of San Francisco, California, and Renter consents to personal jurisdiction there.

25. Class-Action & Collective-Action Waiver

26. Electronic Signature & UETA

Renter agrees that this Agreement may be executed electronically and that an electronic signature (including click-to-accept, typed name, mouse-drawn signature, or third-party e-signature platform such as DocuSign, HelloSign, or GoHighLevel e-sign) has the same legal effect as a handwritten signature under the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.) and the federal E-SIGN Act (15 U.S.C. § 7001 et seq.).

Renter consents to receive all notices, disclosures, and copies of this Agreement electronically at the email address and phone number provided. Renter may request paper copies at any time by contacting GigWheels.

27. Consumer Rights Preservation

Nothing in this Agreement is intended to waive, limit, or preclude any right of Renter that cannot be waived under applicable law, including without limitation:

• Rights under the federal Fair Credit Reporting Act (FCRA) — see Privacy Policy §11;
• Rights under the federal Equal Credit Opportunity Act (ECOA) and Georgia anti-discrimination laws;
• Rights under the federal Fair Credit Billing Act (chargeback rights) — see Refund Policy §10;
• Rights under the Georgia Fair Business Practices Act (O.C.G.A. § 10-1-390 et seq.);
• Rights under the Georgia Personal Identity Protection Act (O.C.G.A. § 10-1-910 et seq.);
• Rights under the federal Telephone Consumer Protection Act (TCPA);
• Rights under the Americans with Disabilities Act (ADA);
• Georgia's minimum motor-vehicle liability insurance protections (O.C.G.A. § 33-34-3);
• Any right that cannot be waived under Georgia public policy (including claims for gross negligence or willful misconduct).
• Rights under the California Consumers Legal Remedies Act (CLRA, Cal. Civ. Code § 1750 et seq.);
• Rights under the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA);
• Rights under Civil Code § 1936 (rental-vehicle disclosures and damage-waiver rules);
• Rights under the California Song-Beverly Consumer Warranty Act, to the extent applicable;
• Representative claims under the Private Attorneys General Act (PAGA, Labor Code § 2698 et seq.), which cannot be waived;
• Any right that cannot be waived under California public policy (including claims for gross negligence, willful misconduct, or violations of Civ. Code § 1668).

If any provision of this Agreement is found to waive a non-waivable right, that provision is severed to the minimum extent necessary and the remainder remains in full force.

28. Severability, Entire Agreement, Notices & Amendment

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties' intent.

Entire agreement: This Agreement, together with the Rental Face Sheet, the driver application, the Privacy Policy, the Terms of Service, and the Refund & Cancellation Policy, constitutes the entire agreement between the parties regarding the rental of the Vehicle and supersedes all prior or contemporaneous discussions, understandings, or agreements.

No oral modification: No modification of this Agreement is binding unless in a signed writing (electronic signature acceptable) executed by an authorized representative of GigWheels. No employee, agent, or contractor of GigWheels has authority to modify this Agreement orally.

Notices: All notices to Renter may be sent by email, SMS, or first-class mail to the address on file. All notices to GigWheels shall be sent to rent@gogigwheels.com and are effective upon receipt.

Waiver: GigWheels's failure to enforce any provision is not a waiver of that or any other provision.

Assignment: Renter may not assign this Agreement. GigWheels may assign this Agreement or any right hereunder to any successor, affiliate, or purchaser of its business.

Survival: The following sections survive termination: §3 (payment authorization), §5.1 (material representations), §7.4 (insurance reimbursement covenant), §8 (financial responsibility), §11 (tolls/tickets), §13 (GPS data), §16 (indemnification), §16.1 (reimbursement covenant cross-reference), §16.2 (Graves Amendment / federal preemption of vicarious liability), §17 (limitation of liability), §18 (disclaimer), §19 (assumption of risk), §20 (guaranty), §21 (attorney's fees), §22 (jury waiver), §23 (arbitration), §24 (governing law), §25 (class waiver), and any provision that by its nature should survive.

29. Renter Acknowledgments (Initial Each Line)

By initialing each of the following lines on the final executed version, Renter separately acknowledges and agrees to the following material terms:

1. I have read and understand this Agreement, including all sections regarding insurance, damage liability, and prohibited uses.
2. I understand my financial responsibility for damage to or loss of the Vehicle is UNCAPPED and includes replacement value, diminished value, loss of use, and administrative fees.
3. I understand the GigWheels fleet insurance policy provides only state-minimum liability limits, has a $2,500 physical-damage deductible, and does not respond during any period I am logged into a rideshare or delivery app (Uber, Lyft, DoorDash, Uber Eats, Instacart, Amazon Flex, and similar), as described in §7.
4. I have separately covenanted under §7.4 / §16.1 to reimburse GigWheels for every dollar the fleet insurer pays out on my behalf during my rental, including any state-minimum payment the insurer could not deny under an otherwise-applicable exclusion.
5. I represent and warrant under §5.1 that every statement I made in the application and this Agreement is true and complete, and I understand that any material misrepresentation voids all insurance coverage retroactively and makes me personally liable for the entire loss.
6. I understand and agree under §16.2 that the federal Graves Amendment (49 U.S.C. § 30106) preempts state vicarious-liability statutes, so GigWheels is not vicariously liable for my acts or the acts of any Authorized Additional Driver, and I will indemnify GigWheels against any claim brought against it solely on the basis of ownership of the Vehicle.
7. I understand any prohibited use (§5) — including operation outside Georgia, DUI, unauthorized drivers, or subleasing — voids all insurance and makes me personally liable for the entire loss.
8. I understand any prohibited use (§5) — including operation outside California, DUI, unauthorized drivers, or subleasing — voids all insurance and makes me personally liable for the entire loss.
9. Operating Restriction (§4a): I understand and agree that this Georgia-registered Vehicle may be operated only within the State of Georgia at all times during the rental term. Crossing state lines is a material breach and voids insurance.
10. Operating Restriction (§4a): I understand and agree that this California-registered Vehicle may be operated only within the State of California at all times during the rental term. Crossing state lines is a material breach and voids insurance.
11. I consent to GPS tracking, telematics monitoring, and dash-cam recording in the Vehicle at all times.
12. I consent to self-help repossession of the Vehicle by GigWheels or its agent upon my default, without prior notice, provided no breach of the peace occurs.
13. I waive my right to a jury trial and agree that disputes will be resolved by binding arbitration in Fulton County, Georgia.
14. I waive my right to a jury trial and agree that disputes will be resolved by binding arbitration in the City and County of San Francisco, California, subject to California-law carve-outs including PAGA.
15. I waive my right to participate in any class action or collective proceeding against GigWheels.
16. If I am signing for a business entity, I personally guarantee all obligations of the entity under this Agreement.
17. I understand that this website version is a preview only and the executed version at pickup is the binding document.

30. Signature Block

The following signature block is a preview of the layout used on the executed version. Actual signing occurs electronically at pickup via GigWheels's e-signature platform, in accordance with §26.