*** ALL OUR VEHICLES DO NOT GO OUT OF THE DMV (DC, MARYLAND AND VIRGINIA) WITHOUT OUR WRITTEN CONSENT ***

CUSTOMER AGREEMENT, OPERATIONAL DISCLOSURE, LIABILITY WAIVER, VEHICLE RECOVERY AUTHORIZATION, AND TERMS OF SERVICE

This Rental Agreement, Operational Disclosure, Liability Waiver, Privacy Policy, Vehicle Recovery Authorization, Communication Consent, and Terms of Service (“Agreement”) is entered into between the customer (“Renter,” “Customer,” “Driver,” or “Authorized Operator”) and Brains Car Rentals Management and Services Agency (“Company”).By reserving, booking, operating, possessing, driving, paying for, extending, controlling, or using any vehicle, service, platform, or equipment provided, managed, coordinated, or operated by Brains Car Rentals Management and Services Agency, the Customer knowingly, voluntarily, and legally agrees to all terms contained herein.Failure to agree with these terms immediately prohibits the use of any vehicle or service provided by Brains Car Rentals Management and Services Agency.


1. NATURE OF AGREEMENT

This Agreement constitutes a temporary revocable bailment only and does not transfer ownership rights, equitable interest, title rights, possession rights beyond authorized usage, or any permanent rights to the Customer.All vehicles remain the sole legal property of Brains Car Rentals Management and Services Agency and/or its affiliated fleet partners, contractors, vehicle owners, or management entities at all times.The Company reserves the unrestricted right, to the fullest extent permitted under applicable law, to terminate this Agreement, restrict vehicle usage, deny extensions, suspend services, immobilize vehicles, recover vehicles, or refuse future services based on operational, compliance, payment, safety, insurance, verification, behavioral, or business concerns.


2. CUSTOMER RESPONSIBILITY AND ASSUMPTION OF RISK

The Customer assumes full responsibility and liability for the vehicle from the moment possession is transferred until the vehicle is physically returned, inspected, and accepted by an authorized representative of Brains Car Rentals Management and Services Agency.The Customer accepts full responsibility for:

  • Vehicle damage
  • Theft
  • Negligence
  • Misuse
  • Traffic violations
  • Parking violations
  • Tolls
  • Mechanical abuse
  • Unauthorized operation
  • Interior damage
  • Smoke or odor contamination
  • Improper fueling
  • Water damage
  • Engine damage
  • Transmission damage
  • Tire damage (Flat Tire, Curb Hit, Pothole Hit, etc.)
  • Impoundment
  • Storage fees
  • Administrative penalties
  • Recovery costs
  • Legal expenses
  • Collection expenses
  • Loss of business revenue
  • Diminished vehicle value
  • Any operational interruption caused by the Customer

The Customer agrees that responsibility may extend beyond insurance limitations where permitted under applicable law.


3. AUTHORIZED OPERATORS

Only individuals expressly approved by Brains Car Rentals Management and Services Agency may operate the vehicle.Authorized operators:

  • Must possess a valid driver’s license
  • Must satisfy Company underwriting requirements
  • Must meet minimum age requirements
  • Must not operate the vehicle under the influence of alcohol, drugs, or controlled substances
  • Must comply with all laws and operational policies

Unauthorized operation constitutes a material breach of this Agreement and may result in:

  • Immediate termination
  • Vehicle immobilization
  • Repossession
  • Loss of coverage protections
  • Additional fees
  • Denial of future rentals
  • Civil action
  • Referral to law enforcement where applicable

4. GPS, TELEMATICS, AND VEHICLE MONITORING CONSENT

The Customer acknowledges and agrees that vehicles may contain:

  • GPS systems
  • Vehicle recovery systems
  • Immobilization systems
  • Remote disabling technology
  • Dash cameras
  • Operational monitoring systems
  • Mileage tracking systems
  • Connected manufacturer software
  • Telematics systems
  • Electronic diagnostic systems

The Customer expressly authorizes Brains Car Rentals Management and Services Agency to monitor, track, locate, disable, immobilize, recover, inspect, and manage the vehicle where permitted by law.Vehicle monitoring may be used for:

  • Asset protection
  • Operational management
  • Insurance compliance
  • Fraud prevention
  • Theft prevention
  • Recovery operations
  • Risk management
  • Contract enforcement
  • Driver safety
  • Geographic restriction enforcement

The Customer acknowledges that vehicles operated outside approved operational territories may be subject to immediate recovery actions, immobilization procedures, or termination of service.Tampering with tracking or recovery systems constitutes a major violation of this Agreement.


5. COMMUNICATION CONSENT

The Customer expressly consents to receiving communications from Brains Car Rentals Management and Services Agency through:

  • Phone calls
  • Text messages
  • Emails
  • Automated systems
  • Digital notifications
  • Customer support platforms
  • Collection notices
  • Operational alerts

Communication may include:

  • Payment reminders
  • Rental updates
  • Operational notices
  • Compliance notices
  • Recovery warnings
  • Insurance matters
  • Extension notices
  • Collection activities
  • Legal correspondence

Failure to maintain active communication with the Company during an active rental period may constitute breach of contract and may result in suspension, recovery action, denial of extensions, or termination of services.


6. VEHICLE RETURN REQUIREMENTS

The Customer agrees to return the vehicle:

  • On time
  • To the authorized location
  • In substantially the same condition received
  • With all keys, documents, accessories, and equipment

Failure to return the vehicle as agreed may result in:

  • Additional rental charges
  • Recovery fees
  • Administrative penalties
  • Towing fees
  • Storage fees
  • Repossession actions
  • Civil liability
  • Reporting to appropriate authorities where permitted by law

Failure to communicate regarding overdue vehicles may be treated as abandonment or unlawful retention of Company property.


7. ABANDONMENT, DEFAULT, AND RECOVERY AUTHORIZATION

If the Customer:

  • Stops payment
  • Becomes unreachable
  • Violates operational terms
  • Abandons the vehicle
  • Provides false information
  • Refuses cooperation
  • Fails to return the vehicle
  • Engages in prohibited conduct

then Brains Car Rentals Management and Services Agency reserves the right, to the fullest extent permitted under applicable law, to:

  • Recover the vehicle immediately
  • Disable the vehicle remotely
  • Dispatch recovery personnel
  • Utilize towing services
  • Access the vehicle for repossession
  • Recover outstanding balances
  • Initiate collection procedures
  • Report operational violations internally
  • Suspend future eligibility

The Customer expressly authorizes the Company and its agents to enter lawful public or private areas where legally permitted for recovery purposes.The Company shall not be responsible for personal belongings left inside recovered, repossessed, abandoned, impounded, or surrendered vehicles.Any personal property remaining inside the vehicle may be deemed abandoned property subject to applicable law.


8. INSURANCE AND LIABILITY DISCLOSURE

Optional protection products or in-house protection programs offered by Brains Car Rentals Management and Services Agency do not eliminate Customer responsibility unless expressly stated in writing.Coverage limitations, exclusions, deductibles, expiration periods, and operational restrictions apply.The Customer remains financially responsible for:

  • Violations of Agreement terms
  • Negligence
  • Unauthorized use
  • Fraudulent activity
  • Mechanical abuse
  • Intentional misconduct
  • Unreported accidents
  • Off-road usage
  • Commercial misuse
  • Geographic violations
  • Prohibited conduct

Failure to provide:

  • Police reports
  • Accident documentation
  • Photographic evidence
  • Timely reporting

may result in denial of any protection benefits or coverage consideration.


9. PROHIBITED USES

The vehicle shall not be used:

  • By unauthorized drivers
  • For illegal activity
  • For racing or reckless driving
  • For transportation of contraband
  • While impaired
  • For towing without authorization
  • For off-road activity
  • Outside approved territories
  • For criminal activity
  • For commercial hauling unless authorized
  • For ride-share or delivery services unless expressly approved in writing

Violation of prohibited use policies may result in immediate repossession and termination of all protections.


10. PERSONAL PROPERTY WAIVER

Brains Car Rentals Management and Services Agency shall not be liable for:

  • Lost property
  • Stolen property
  • Damaged property
  • Abandoned property
  • Property left in recovered vehicles
  • Property left at Company facilities
  • Property inside impounded or towed vehicles

The Customer waives claims against the Company relating to personal property loss to the fullest extent permitted under applicable law.


11. INTERNAL COMPLIANCE AND RISK MANAGEMENT REPORTING

The Customer acknowledges and agrees that Brains Car Rentals Management and Services Agency maintains internal compliance, operational, fraud prevention, payment risk, and customer conduct reporting systems.Information relating to:

  • Contract violations
  • Non-payment
  • Vehicle misuse
  • Fraud concerns
  • Recovery incidents
  • Operational risks
  • Behavioral concerns
  • Insurance incidents

may be internally documented and retained for lawful business purposes.Information may also be shared where legally permitted with:

  • Insurance providers
  • Collection agencies
  • Legal representatives
  • Recovery vendors
  • Government agencies
  • Law enforcement agencies
  • Regulatory entities

12. LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, Brains Car Rentals Management and Services Agency shall not be liable for:

  • Indirect damages
  • Consequential damages
  • Lost profits
  • Missed appointments
  • Emotional distress
  • Data loss
  • Business interruption
  • Mechanical failure
  • Vehicle breakdowns
  • Third-party conduct
  • Delays
  • Roadside incidents
  • Weather-related interruptions
  • Navigation errors
  • Technology failures

The Company makes no guarantees regarding uninterrupted vehicle performance or service availability.


13. COLLECTIONS, LEGAL FEES, AND ENFORCEMENT

The Customer agrees to pay:

  • Outstanding balances
  • Late fees
  • Administrative fees
  • Missed or Late maintenance appointment fees ($90)
  • Recovery costs
  • Collection costs
  • Towing fees
  • Storage charges
  • Attorney fees
  • Court costs
  • Investigation expenses

arising from violations of this Agreement to the fullest extent permitted under applicable law.


14. ELECTRONIC SIGNATURES AND DIGITAL ACCEPTANCE

Electronic signatures, digital approvals, text confirmations, emails, online bookings, payment submissions, recorded calls, scanned documents, and digital acknowledgments shall constitute legally enforceable acceptance of this Agreement.


15. GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of Maryland.Any disputes arising from this Agreement shall be resolved in the appropriate courts located within the State of Maryland unless otherwise required by applicable law.


16. SEVERABILITY

If any provision of this Agreement is determined unenforceable or invalid, the remaining provisions shall remain fully enforceable to the fullest extent permitted by law.


17. ENTIRE AGREEMENT

This Agreement represents the complete understanding between the parties and supersedes prior verbal or written statements, representations, or understandings relating to the rental transaction.


18. CUSTOMER ACKNOWLEDGMENT

By signing, booking, paying, operating, possessing, or using the vehicle or services provided by Brains Car Rentals Management and Services Agency, the Customer confirms that they:

  • Have read this Agreement
  • Understand this Agreement
  • Voluntarily accept this Agreement
  • Agree to comply with all operational policies
  • Consent to monitoring and recovery procedures
  • Accept financial responsibility as outlined herein
  • Agree to all terms to the fullest extent permitted under applicable law.