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Vehicle Membership Agreement

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VEHICLE MEMBERSHIP AGREEMENT

This Vehicle Membership Agreement and the Terms of Service (collectively the “Agreement”) between Metro Cars Leasing Corp (“Whip”) and the individual listed below (“Member”) sets out the rights and obligations of the parties regarding the membership and the vehicle listed below, including its equipment, tools, tires, accessories, and contents (“Vehicle”).

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Membership Terms

Membership renews weekly until Vehicle is in Whip’s possession. Member may be subject to legal action if Vehicle is not returned on or before the last paid for date.

Our Terms of Service can be reviewed here.
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For rentals originating in the following states, the applicable paragraphs will either replace or supplement the Agreement.

Maryland Rentals

Except for coverage provided by the Maryland Automobile Insurance Fund with respect to a rental vehicle that is not a replacement vehicle, the coverage maintained by the renter of the rental vehicle is primary coverage on the owner's confirmation with the insurance carrier that provides coverage to the renter that the insurance maintained by the renter provides valid and collectible coverage in the amounts required under § 17-103(b) of this article to the owner's vehicle while it is used as a rental vehicle.

2013 Maryland Code — CRIMINAL LAW § 7-205: Failure to return rental vehicle

(a) A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it.

(b) (1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle.

(2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

“You may not need the automobile insurance offered by Whip Inc. Your automobile insurance policy may provide coverage for your liability while operating a rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving this rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the owner of the rental vehicle. If our vehicle is a replacement vehicle as defined in section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your vehicle) is primary, and any liability coverage we provide on the vehicle is secondary.

Returning the Vehicle to the proper location when your reservation ends. To the extent permitted by law, we may recover a Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement.

If our Vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your vehicle) is primary, and any liability coverage we provide on the Vehicle is secondary.

Florida Rentals

Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable under section 812.155, Florida Statutes.

The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §324.021(7) and 627.736, Florida Statutes.

Florida law requires Whip’s liability protection and personal injury protection to be primary unless otherwise stated. Therefore, Whip hereby informs you that the valid and collectible liability insurance and personal injury protection insurance of any authorized driver is primary for the limits of liability and personal injury protection coverage required by §§324.021 (7) and 627.736, Florida Statutes. Primary insurance means that, in the event of a covered loss, your insurance would be responsible for the payment of personal injury or property-damage claims up to the limits of that insurance.

Rentals must be for a minimum of 12 months.

Georgia Rentals

The weekly membership fee is subject to a sales & use tax of 7.75%, which will be applied to the total weekly charge. All rentals must be for a minimum of 31 days.

Illinois Rentals

FOR A CAR WITH AN MSRP OF $50,000 OR LESS, YOUR RESPONSIBILITY FOR LOSS OR DAMAGE DUE TO THEFT WILL NOT EXCEED $17,000 THROUGH MAY 31, 2025 (INCREASING BY $500 EACH JUNE 1).

FOR A CAR WITH AN MSRP OF MORE THAN $50,000, YOUR RESPONSIBILITY FOR LOSS OR DAMAGE DUE TO THEFT WILL NOT EXCEED $54,000 THROUGH SEPTEMBER 30, 2024 (INCREASING BY $1,000 EACH OCTOBER 1).

THE FOREGOING CAPS APPLY UNLESS IT IS ESTABLISHED THAT YOU FAILED TO EXERCISE ORDINARY CARE WHILE IN POSSESSION OF THE CAR OR COMMITTED OR AIDED IN THE COMMISSION OF THE THEFT.

Pennsylvania Rentals

YOU ARE REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS AGREEMENT, AND ANY POLICY OF INSURANCE OR SELF-INSURANCE ISSUED UNDER THIS AGREEMENT, FOR YOU AND ALL OTHER PASSENGERS OF THE VEHICLE. Uninsured motorist coverage protects you and other passengers in the vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.

Member Acknowledgment

By signing below, I, the Member, have read and agree to the terms of this legal document and the Terms of Service, which are incorporated by reference in this legal document. I further agree, without limitation:

To arrive punctually for all scheduled service appointments and to notify Whip in advance in the event of a delay or if rescheduling is necessary.
To report any and all vehicle damage or accidents to Whip immediately following the occurrence of such incidents.
To remain current on all recurring rental payments and to pay any additional invoices within 24 hours of receipt.
Not to operate or transport the rental vehicle beyond a 150-mile radius from the original pickup location.
That Whip may charge the credit card or other payment provided to Whip all amounts owed under the Agreement;
That Whip may re-initiate any payment charge that is dishonored or rejected;
That the driver’s license presented is currently valid and will remain valid and not suspended, expired, revoked, cancelled or surrendered, until the vehicle is returned to Whip;
To allow Whip to collect information about my use of the vehicle in accordance with the Privacy Policy;
To allow Whip to text and call as set forth in the Agreement; and
I further acknowledge and agree to the dispute resolution provisions and arbitration provisions of the Agreement.

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