Terms and conditions
Leave it better than you found it, fill it with the correct fuel, don’t lose the keys, you're responsible for the truck while it's in your possession, you will not be refunded for bad weather
Hustle Trucks Rental Terms and Conditions
These Rental Terms and Conditions (collectively with (i) the intake form and (ii) any other document that we provide to you concerning your rental of our Vehicle, this “Agreement”) are by and between Hustle Trucks LLC, a California limited liability company (“Hustle Trucks”, “we”, “our”, or “us”) and you. The individual accepting this Agreement hereby represents and warrants that it is duly authorized by the entity or person on whose behalf it accepts this Agreement to so accept this Agreement. Capitalized terms used in this Agreement have the meanings given to them throughout this Agreement or in Section 16 below. Hustle Trucks and you may be referred to herein collectively as the “parties” or individually as a “party”.
You acknowledge that you have been given an opportunity to read this Agreement and all other documents that we provide to you concerning your rental of our Vehicle. By accepting this Agreement, you authorize us to process the Rental Fee and a separate credit card/debit card transaction in your name for all other Charges incurred in connection with this Agreement; you agree that the time and mileage rates in this Agreement are subject to change if you return the Vehicle after the Rental Period or to a different location other than the Renting Location (as defined in Section 1 below). You also certify that any driver’s licenses presented are currently valid and are not suspended, expired, revoked, or canceled.
This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Rental; Condition and Return of Vehicle; No Assignment. In exchange for the Rental Fee, we grant you the right to use the Vehicle during the Rental Period in accordance with the terms of this Agreement. You must return the Vehicle to our rental office located at 5700 5th Avenue, Los Angeles, CA 90043 or other location we specify in writing (the “Renting Location”) by the end of the Rental Period and in the same condition that you received it, except for ordinary wear. You must return the Vehicle with at least as much fuel as was in it at the start of your Rental Period. If you do not, you agree that we may charge your card on file to account for our expenses in refueling the Vehicle. You have no right to assign this Agreement or to sublease, license or otherwise make use of the Vehicle available to any third party, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without our prior written consent. Any purported assignment of this Agreement will be null and void.
Authorized Drivers. You represent, warrant and covenant to Hustle Trucks that you (i) are, and will remain during the Rental Period, a capable and validly licensed driver with an active driver’s license issued by an authorized governmental authority and (ii) you have provided a copy of these terms to any Authorized Driver (as defined below), and by allowing such individual to operate the Vehicle we have rented to you, that individual has agreed to these terms. You agree that we have the right to verify that your driver’s license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you for any or no reason, including, without limitation, if your driver’s license is not in good standing. Except where otherwise specifically authorized by applicable law, only you, your spouse, your employer, employee, or coworker (if engaged in business activity with you) and any additional driver for which you receive written approval for from us under this Agreement may drive the Vehicle (each an “Authorized Driver”). Any Authorized Driver must be at least 21 years old and must also be a capable and validly licensed driver at all times during which such person is operating the Vehicle. YOU AND YOUR AUTHORIZED DRIVERS ARE THE ONLY PERSONS AUTHORIZED TO OPERATE THE VEHICLE THAT WE RENT TO YOU. YOU ACKNOWLEDGE THAT YOU WILL REMAIN FINANCIALLY RESPONSIBLE UNDER THIS AGREEMENT AT ALL TIMES EVEN IF THE VEHICLE IS OPERATED BY AN AUTHORIZED DRIVER OR SOMEONE OTHER THAN YOURSELF.
Repossession; Your Property; Your Indemnity and Warranties. We may terminate your Rental Period and repossess the Vehicle at your expense without notice to you at any time, including, without limitation, if the Vehicle is abandoned or used in violation of applicable law or this Agreement. Property left in the Vehicle or on our property becomes our property if unclaimed after thirty (30) days following the Rental Period. We have no obligation to notify you that we have discovered or come into possession of any of your property. For liability in excess of the limits of your insurance coverage, you will indemnify us, defend us and hold us harmless from all claims, liability, costs, and fees (including attorneys’ fees) we incur resulting from, or arising out of, your activities contemplated hereunder, your use of the Vehicle and damage thereto, and any inaccuracy in or breach of any of your representations or warranties contained in this Agreement.
Responsibility for Damage or Loss; Responsibility for Toll and Parking Violations. To the fullest extent permitted by applicable law, you are solely responsible for all physical and mechanical damage to, or loss or theft of, the Vehicle, including damage caused by vandalism, weather, road conditions, use of incorrect fuel, and acts of nature, whether or not you are at fault. You are solely responsible for: the cost of repair; or if we elect not to repair the Vehicle or the Vehicle is not repairable, the actual cash retail value of the Vehicle on the date of the loss (as reasonably determined in our sole discretion). You may not (directly or indirectly) attempt to repair any damage to the Vehicle and agree that we have the sole right to coordinate repairs for all damages sustained by the Vehicle. You are solely responsible for the towing and storage expenses that we incur, our expenses in connection with Loss of Use, and our administrative expenses incurred processing such claims, as permitted by applicable law. Damages for Loss of Use are often difficult to determine with precision. Therefore, the parties agree that the Charges associated with our Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times 80% of the daily rate averaged over one week, which the parties agree represents a reasonable estimate of actual damages and not a penalty.
You are solely responsible for paying the charging authorities directly all parking citations, tolls, fines for toll evasion, and other fines, fees, and penalties (“Citations”) assessed against you, us, or the Vehicle during the Rental Period. If we are notified by charging authorities that we are or may be responsible for payment of a Citation, you will pay us (or a Citation processing firm of our choosing (“Processing Firm”)) a Charge of up to $50 for each such notification. You authorize us to release your rental details, contact and payment information to the Processing Firms for processing and billing purposes. If we or the Processing Firms pay any of the Citations, you authorize us and the Processing Firms to charge all such payments and service Charges to the payment information that you provided to us.
Other Charges. In addition to paying the Rental Fee and Charges associated with Citations that you incur during the Rental Period, you agree to reimburse us for those other Charges resulting from your improper use of the Vehicle under this Agreement (as determined by us in our sole discretion), including but not limited to those Charges associated with lost keys, late returns, and smoking in or damage to the Vehicle. Do not lose the keys. You agree to pay us a Charge of One Thousand Five Hundred U.S. Dollars ($1,500) in the event that you lose the Vehicle keys to cover our expenses for replacing the Vehicle locks and keys. An extra day will be charged on all rentals returned late (after 10:00 p.m. Pacific time) on the last day of the Rental Period. If we determine that you, an Authorized Driver or your passengers were smoking (in any form) in the Vehicle, you agree to pay us a Charge of $350 to cover our cleaning expenses.
Insurance; Handling Accidents and Other Incidents. You are responsible for all damage or loss that you directly or indirectly cause to others in connection with your use of the Vehicle and represent that you maintain automobile (1) liability, (2) collision, and (3) comprehensive insurance policies that cover your use of the Vehicle in connection with this Agreement. You must, at your sole cost, procure and maintain liability coverage (i) for the Vehicle, (ii) protecting you and your agents and employees, and (iii) us and our agents and employees. Such policies must cover liability for bodily injury, including death, and property damage arising out of the maintenance, use, and operation of the Vehicle with limits of at least a combined single limit of one million dollars ($1,000,000) per occurrence. Your coverage must be primary and not excess or contributory and must be in conformity with the California motor vehicle minimum financial responsibility laws concerning “uninsured motorist”, “no-fault”, or other optional coverages. In connection with your reservation and prior to the beginning of the Rental Period, you agree to provide us (through the intake form or otherwise) with a copy of each such insurance policy covering you, us, and the Vehicle. You are required to report all accidents to us as soon as reasonably safe and you agree to cooperate fully in the processing, investigation, prosecution, and defense of any claim or suit arising out of any such occurrence and will do nothing to impair or invalidate any applicable liability, physical damage, or other coverage.
We do not extend any of our motor vehicle financial responsibility or provide liability insurance coverage to you, Authorized Drivers, or any other individuals (including passengers in the Vehicle, your customers and visitors to the Vehicle, or other pedestrians).
Modifications; Entire Agreement. No term of this Agreement can be waived or modified except expressly in writing that both parties have signed. Any waiver authorized on one occasion is effective only in that instance and only for the purposes stated and does not operate as a waiver on any further occasion. Without limiting the foregoing in this Section 7, none of the following constitutes a waiver or estoppel of any right, remedy, power, privilege, or condition arising from this Agreement: (i) any failure or delay in exercising any right, remedy, power, or privilege in enforcing any condition under this Agreement; or (ii) any act, omission, or course of dealing between the parties. To extend the Rental Period, you must obtain our express written permission before the end of the Rental Period. This Agreement constitutes the entire agreement between you and us and supersedes all prior or contemporaneous written agreements. All prior representations and Agreements between you and us regarding this rental and the Vehicle are void.
Publicity. You hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, transferrable, sublicensable (including through multiple tiers) right and license to use your business’s name, trademarks and other indicia in our promotional and marketing materials describing our current and former customers (including on our website).
9. Personal Information. You acknowledge and agree that in connection with our performance of our obligations and exercise of our rights under this Agreement we may process Personal Information (as defined below) relating to you and other personnel of the entity or person on whose behalf you are entering into this Agreement in order for us to perform our obligations and exercise our rights under this Agreement, including to: (i) manage your rental of the Vehicle, (ii) process the Rental Fee and your other Charges (including through a Processing Firm and our payment processor), (iii) send marketing communications relating to Hustle Truck offers and services, and (iv) disclose such information to applicable law enforcement agencies or to our affiliates or third parties in connection with the enforcement of our rights under this Agreement. Without limiting the foregoing, you hereby authorize us to use Personal Information that you make available to us in order to make whatever inquiries we consider necessary (including with your insurance company) in connection with your rental of a Vehicle and for any other lawful purpose. As used herein, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, and may include names, driver’s license information, email addresses, mailing addresses and phone numbers. To the extent required by appliable law, you will provide notice to and/or obtain consent from individuals before sharing their Personal Information with Hustle Trucks.
10. Photo Release. I hereby grant to Hustle Trucks LLC, its affiliates, licensees, contractors, agents, successors and assigns (collectively, “Hustle Trucks Parties”) the right to film, tape, photograph and otherwise record and capture my physical likeness, name, voice, image, persona and any other Personal Information or characteristics that I provide or make available to any of the Hustle Trucks Parties (collectively, “Likeness”) in videos, audiovisual works, sound recordings and photographs (collectively, “Recordings”), at a time and place determined by Hustle Trucks in its sole discretion. I hereby further grant to the Hustle Trucks Parties a perpetual, sublicensable (including through multiple tiers), assignable, irrevocable, worldwide, royalty-free and fully paid-up license to use my Likeness as embodied in Recordings, in whole or in part, in digital and print media and by means of any transmission, distribution or communication technology, method or means, whether now known or hereafter created (collectively “Promotional Media”).
I hereby acknowledge and agree that all results and proceeds derived from Hustle Trucks’ use of the Recordings and my Likeness embodied therein will be owned exclusively by Hustle Trucks, and no portion of such proceeds (if any) will be shared with me. Hustle Trucks will exclusively own any and all rights, including intellectual property rights, in and to the Recordings and Promotional Media. Notwithstanding the preceding sentences, I understand that I retain all of my rights in and to my Likeness embodied in any Recordings or Promotional Media, subject to the licenses granted above.
I hereby represent, warrant, and covenant that I have a signed agreement with any holder of rights (including intellectual property rights) in the products that I display in or near the Vehicle that are the subject of the Recordings, and that such agreement authorizes the appearance of the products in the Recordings and as fully authorized in this Agreement.
To the fullest extent permitted by applicable law, I hereby (a) waive any right to prior inspection or approval of the Recordings and any Promotional Media; (b) waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with the Recordings, my Likeness, or Promotional Media; and (c) waive, and release the Hustle Trucks Parties from, any and all claims to compensation or damages based on the Hustle Trucks Parties’ use of my Likeness in accordance with the license granted above.
Assumption of Risk. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY AND ALL ACTIVITIES ASSOCIATED WITH RENTING, USING OR OPERATING A VEHICLE FROM HUSTLE TRUCKS, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, ANY RISKS THAT MAY ARISE FROM MY OPERATION OR USE OF THE VEHICLE, NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY OTHER PERSONS OR ENTITIES, FROM DANGEROUS OR DEFECTIVE EQUIPMENT OR PROPERTY OWNED, MAINTAINED, OR CONTROLLED BY HUSTLE TRUCKS OR OTHERS. I UNDERSTAND THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR REASONABLY FORESEEABLE AT THIS TIME. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, I UNDERSTAND HAVE CONSIDERED THE RISKS INVOLVED, AND I SIGN IT VOLUNTARILY, KNOWING AND OF MY OWN FREE WILL.
Permits. You will maintain in full force and effect all Permits required for you to conduct your business and to use the Vehicle in the manner contemplated under this Agreement. You agree that you will not use the Vehicle to prepare, serve, transport or sell food products or ingestible products of any kind.
Release; Waiver and Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
YOU HEREBY RELEASE US, INCLUDING OUR CURRENT AND FUTURE AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, PROVIDED HOWEVER, THAT THE PARTIES RETAIN THE RIGHT TO BRING CLAIMS FOR BREACH OF THIS AGREEMENT, SUBJECT TO SECTION 14 (ARBITRATION AGREEMENT) AND THE LIMITATION OF LIABILITY STATED HEREIN. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE, THE RESULTS OF USE, OR INABILITY TO USE THE VEHICLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY INABILITY TO USE THE VEHICLE, THE RESULTS OF THE VEHICLE’S USE AND THIS AGREEMENT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. BY EXECUTING THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU AGREE THAT OUR MAXIMUM LIABILITY IN CONNECTION WITH YOUR RENTAL (INCLUDING IN CONNECTION WITH THIS AGREEMENT) IS THE RENTAL FEE ASSOCIATED WITH YOUR RENTAL PERIOD AT THE TIME OF THE SUBJECT EVENT(S).
Arbitration Agreement. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us. For any dispute with Hustle Trucks, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after sixty (60) days, then you and we agree to resolve, to the fullest extent permitted by applicable law, any and all claims or disputes relating to, arising from, or regarding this Agreement or you and your relationship with Hustle Trucks by final and binding arbitration, including any claims against Hustle Trucks’ current or former employees, officers, directors, or agents. The arbitrator will determine the arbitrability of claims (except as to the Class Waiver). Each party agrees to bring any claim in arbitration before a single JAMS arbitrator pursuant to the applicable JAMS rules as agreed by the parties or determined by the arbitrator. See https://www.jamsadr.com/adr-rules-procedures/. The arbitration will be conducted in Los Angeles, California unless both parties agree otherwise. The parties further agree that such claims will be resolved on an individual basis only, and not on a class, collective, representative, or private attorney general act representative basis on behalf of others (“Class Waiver”), to the fullest extent permitted by applicable law. Any claim that all or part of the Class Waiver is invalid, unenforceable, unconscionable, or void may be determined only by a court of competent jurisdiction. In no case may class, collective, or representative claims proceed in arbitration. Each party waives any rights to a jury trial or a bench trial in connection with the resolution of any claim under this arbitration agreement (although either party may seek interim emergency relief from a court to prevent irreparable harm). Claims will be governed by applicable statutes of limitations. This arbitration agreement will be construed and interpreted in accordance with the Federal Arbitration Act. In the event that any portion of this arbitration agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of this arbitration agreement will be given full force and effect.
Miscellaneous. The relationship of the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of breach of this Agreement. If any provision of this Agreement is deemed void or unenforceable by a court of competent jurisdiction under applicable law, the remaining provisions will remain valid and enforceable to the full extent possible. The Agreement will be governed by the laws of the State of California, without giving effect to its conflicts of law principles. Subject to the arbitration procedures described in Section 14, each party irrevocably and unconditionally submits to the exclusive jurisdiction of and agrees to bring any such action, litigation, or proceeding only in the courts of the State of California in Los Angeles County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. This Agreement is for the sole benefit of the parties hereto and their respective successors and assigns and nothing herein, express or implied, is intended to or will confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. In the event of any inconsistency between these terms and conditions and any other document making up the Agreement, these terms and conditions will prevail. The words “include”, “includes”, or “including” shall be deemed to be followed by the words “without limitation”.
“Charge(s)” means the fees and charges that you incur under this Agreement.
“I”, “you”, “me”, “my”, or “your” means the person reserving the truck through our intake form, their associated business (including all employees, contractors and other personnel), each person executing this Agreement, each Authorized Driver and all passengers permitted in the Vehicle. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
“Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during your Rental Period.
“Permit” means all permits, licenses, franchises, approvals, authorizations, registrations, certificates, variances, and similar right obtained, or required to be obtained, from a government authority, including a “Seller’s Permit” with the California Department of Tax and Fee Administration (as defined by such agency).
“Rental Fee” means the fee, as specified on our website based on your specific booking selections and confirmed in our communications with you, that you agree to pay us for use of the Vehicle during the Rental Period in accordance with this Agreement.
“Rental Period” means the time of your rental, during which we permit you to use the Vehicle in connection with this Agreement. The start and end of the “Rental Period” is specified on our website based on your specific booking selections and confirmed in our communications with you. For clarity, the time associated with any delay in returning the Vehicle will be included in the “Rental Period” for purposes of calculating your Charges.
“Vehicle” means the truck made available to you by Hustle Trucks, and all of its tires, tools, accessories, equipment, keys, and vehicle documents.