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Terms of Service

Effective: 11 February 2026 A’s Luxury Rentals, its subsidiaries, affiliates, parents, and related companies (“A’s Luxury Rentals”, “we”, or “us”), provide a service that allows eligible and approved individuals with active A’s Luxury Rentals membership agreements (“Members” or “you” and collectively with A’s Luxury Rentals, the “parties”) to reserve and rent A’s Luxury Rentals’ vehicles, including their equipment, features, and accessories (“Vehicles”). BOTH YOU AND A’S LUXURY RENTALS AGREE, WITH THE LIMITED EXCEPTIONS NOTED BELOW, TO RESOLVE ALL DISPUTES, INCLUDING WITH A’S LUXURY RENTALS’ THIRD PARTIES WORKING ON COLLECTIONS, EVALUATIONS, AND PROCESSING OF PERSONSAL INFORMATION THROUGH BINDING INDIVIDUAL ARBITRATION. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND A’S LUXURY RENTALS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION IN THE EVENT OF A DISPUTE. The website located at www.AsLuxuryRentals.com, the services offered on the website, emails, communication software, and other tools used to communicate with A’s Luxury Rentals (the “Platform”) contain copyrighted work belonging to A’s Luxury Rentals. These Terms of Service, and all of the policies, guidelines, rules, and agreements included through our Platform or through our physical locations (the “Agreement”) collectively create the legally binding terms and conditions on which we offer you access to and use of our vehicles, and services, which include the use of the Platform, products, and services (collectively, the “Services”). By using the Platform or Services, you agree to be bound by the Agreement. In using our Services, you also agree to abide by all local, state, or federal laws and regulations. IF, FOR ANY REASON, YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE SERVICES IMMEDIATELY. The Agreement is also for the express benefit of A’s Luxury Rentals representatives, trustees, directors, officers, shareholders, subsidiaries, employees, attorneys, and agents. If, and to the extent, an action of any kind is brought against any such person or entity on account of our Services or any communications and interactions with A’s Luxury Rentals such persons or entities shall have all of the protections afforded by this Agreement, including any dispute resolution procedure. BY ACCESSING OR USING OUR SERVICES, YOU ARE PERSONALLY ACCEPTING THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU FURTHER REPRESENT THAT YOU ARE AT LEAST 25 YEARS OF AGE AND THAT YOU ARE NOT A PERSON BARRED FROM RECEIVING OUR SERVICES UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION.

1. Your Use of Our Services

You may access portions of our Platform without registering for a membership. However, you will be required to become a member to access all of our features. You are responsible for maintaining the confidentiality of your information used to create a membership, and you are fully responsible for all activities that occur under your membership. Please immediately notify us of any unauthorized use of your account or any other breach of security. If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.

2. Member Accounts

To fully use the Services, you must create a member account (“Member Account”) by providing certain complete and accurate information and documentation, including without limitation, your name, date of birth, a valid driver’s license, an email, a certification that you have passed a background check with a transportation network company (“TNC”), and other identifying information that we may request to verify your Member Account. When you set up a Member Account, you hereby agree, in accordance with the Fair Credit Reporting Act and applicable consumer reporting laws, as applicable, to allow A’s Luxury Rentals to obtain and review some or all of the following: your personal motor vehicle reports, your credit report, your auto insurance score, and a background check, which may include a criminal background check (“Background Checks”).You also give your permission for A’s Luxury Rentals to re-pull, refresh or otherwise reinitiate any element of the Background Checks at any time during which your Member Account is active. You also agree to provide any further necessary authorizations to facilitate our access to such records of Background Checks during the term of the Agreement. A’s Luxury Rentals reserves the right to decline, restrict or otherwise take action against you and your Member Account based on any information included in any such Background Check, including for any breach of the Agreement and/or our Services. A’s Luxury Rentals may terminate or restrict your Member Account for any or no reason at any time. If adverse action is taken based on the result of any element of the Background Check then, upon your request, we will provide information on where we received the information. A’s Luxury Rentals may provide without notice any information necessary to insurance companies or law enforcement authorities to assist in the filing of a stolen car claim, insurance claim, vehicle repossession, or legal action.

3. Membership Term

This Agreement shall commence on the Start Date & Time stated in the Vehicle Membership Agreement and shall remain in full force and effect until the Vehicle is returned to A’s Luxury Rentals for so long as the Member continues to make timely membership payments. Members must return the Vehicle on or before the last paid for date. If the Vehicle is not returned within 72 hours (or other such time as required by local law) after the last paid membership date, then, in addition to the additional costs noted below , A’s Luxury Rentals may: (i) report the Vehicle as stolen to law enforcement authorities and seek prosecution for theft, (ii) take action to repossess the Vehicle, (iii) take any legal action necessary to protect its rights, and (iv) report the loss to one or more credit agencies and or national stolen car databases. Member’s use and possession of the Vehicle may be terminated at any time by A’s Luxury Rentals in its sole discretion, without notice and without the requirement of legal process. Upon expiration or termination of the Membership at any time, Member shall immediately return the Vehicle. Member agrees to return the Vehicle in the same condition that the Member received the Vehicle.

a. Vehicles are reserved and paid for in advance on a weekly basis. Returns will be pro-rated on a daily basis per 24 hour period.

b. A’s Luxury Rentals, our Vehicle financer, or supplier, (“Supplier”), own the Vehicle. You do not own the Vehicle and You acquire no ownership interest in any Vehicle or other items contained in the Vehicle.

c. We may add or remove available Vehicles at our sole discretion. We do not guarantee that any Vehicle will be available to you. Your right to use any Vehicle is subject to Vehicle availability, your continued eligibility, and to the terms of this Agreement.

d. We will require direct access to the Vehicle to contact the Vehicle directly if an emergency occurs or for other business reasons as permitted by law.

e. Your membership allows you to access the Vehicle as long as your membership is current on payments and active.

f. When you book a reservation, we may pre-authorize a charge to your payment method on file in the amount of your deposit and estimated total usage fees (the “Pre-Authorization Charge”) and request that you complete a credit card authorization form. If you do not complete the credit card authorization form or your payment method rejects this Pre-Authorization Charge, your reservation will be cancelled.

g. Before the Start Date & Time, you will receive a message indicating when you will receive access to the Vehicle. You must have the mobile device you used to create your Membership Account inside the Vehicle to drive. Your mobile device must be powered and fully functioning to access and start the Vehicle and to end your Vehicle access.

h. You should return the Vehicle to the same location from where you picked it up, unless otherwise directed by A’s Luxury Rentals. Leaving the Vehicle somewhere other than where you picked it up may result in late fees or other charges.

4. Membership Price

The Weekly Membership Fee shall be paid weekly with the first payment due and payable on the Start Date & Time, and subsequent payments occurring every seven days after the Start Date & Time until Member has returned the Vehicle. All payments shall be made by credit card, debit card, or Zelle and made payable to A’s Luxury Rentals or through the payment portal on the A’s Luxury Rentals website. No personal checks and/or money orders will be accepted. Members shall be required to keep a valid credit or debit card on file and only use that card to pay the Weekly Membership Fee during the Term of this Agreement. Credit cards must be in the name of the Member. If you update your payment method, you must complete a new credit card authorization form to continue your Membership. Additional costs may include:

a. Failure to pay the Weekly Membership Fee when due may incur a $25 fee.

b. If any payments are not made when due, previous payment methods may be used to complete any missed payment.

c. Members are solely responsible for paying all fees related to the Vehicle, including, but not limited to, gas, tolls, speeding violations, red light violations, parking violations, or other violations as may be required.

d. Members will incur a $25 administrative fee per invoice for any tickets, citations, violations, or infractions that occur during the term of this Agreement.

e. Failure to contact the billing department within 24 hours of a missed payment can result in termination of the Agreement and other rights and remedies provided by this Agreement.

f. Any other fees listed in the Rental Management, Billing, Policies & Terms, or Accidents & Protection Plan sections of the website.

5. Additional Charges

Member shall pay all other charges due under this Agreement upon the return of the Vehicle, including but not limited to:

a charges for optional services selected by the Member, such as a Damage Fee Forgiveness;

b. costs associated with damage to, repair of, or loss of the Vehicle, including without limitation, the loss of use, diminution of the Vehicle’s value caused by the damage or repair, administrative and legal fees for claim processing;

c. all fines, penalties, traffic and/or parking violations, toll fees, repossession, court costs, towing and impound charges, repair costs, and other associated third-party costs incurred;

d. all expenses related to Member’s failure to return the Vehicle, including without limitation, costs of locating and recovering the Vehicle;

e. 1.5% interest per month (or the maximum allowed by law) for any past due amount ;

f. all costs incurred to collect unpaid amounts due, including debt collection agency, attorney, or other third-party costs;

g. the greater of $25 or the maximum amount allowed by law if Member’s payments are stopped, rejected for insufficient funds, or for any other reason the payment from Member is dishonored.

h. a fee of $100 for cleaning or the first smoking offense. Any other smoking offenses will terminate the Agreement. Members are responsible for maintaining the cleanliness of the vehicle and ensuring that NO occupants smoke in the Vehicle.

i. Member shall be solely responsible for any and all fees incurred in restoring the Vehicle to the same condition as it was delivered to Member, including the costs to repair any excessive wear and tear.

j. Members may pay up to $200 for any roadside assistance not stemming from mechanical failure. If the vehicle breaks down due to a mechanical malfunction, A’s Luxury Rentals will pay the full cost of the tow.

k. Members may be subject to additional deposits during the Term, in addition to the Initial Deposit.

l. Any other fees listed in the Rental Management, Billing, Policies & Terms, or Accidents & Protection Plan sections of the website.

6. Member Obligations

Member represents, warrants, and covenants that:

a. Members must have and will maintain a valid driver’s license during the duration of the Membership.

b. Members shall not drive the Vehicle over Florida State Lines or exceed the allotted mileage from A’s Luxury Rentals office address without the prior written consent of A’s Luxury Rentals.

c. Member(s) will ensure that all occupants wear their seat belt at all times.

d. Member(s) agree to maintain the professional appearance of the Vehicle and keep the interior and exterior of the Vehicle clean at all times.

e. Member(s) may not modify the Vehicle in any way or install or remove any accessories without prior written authorization from A’s Luxury Rentals.

f. Member agrees to lock the Vehicle when it is not in use.

g. In the event Member is cited for a moving violation while driving the Vehicle, the Member’s driver’s license is suspended or revoked, or the Vehicle is involved in an accident or is stolen or damaged, Member agrees to immediately report such an event to the A’s Luxury Rentals.

h. Member shall comply at all times with the Policies & Terms, as posted on the A’s Luxury Rentals website.

7. Security Deposit

The Security Deposit will be the first money applied to any balance due at the end of the Membership. Member may be responsible for additional fees or charges in excess of the Security Deposit as otherwise stated in this Agreement.

8. Authorized Drivers

Only Members are permitted to operate the Vehicle as authorized drivers. Operation of the Vehicle by someone other than the Member may subject you to civil and criminal liability. Member is responsible for all loss or damage caused to Vehicle, even if Member is not operating the Vehicle when the damage occurs. Furthermore, A’s Luxury Rentals may cancel insurance coverage, protection plan eligibility, liability limits, and/or any other benefit offered to the Member in the event of an unauthorized driver. A’s Luxury Rentals expressly disclaims and waives all liability—civil, financial, or otherwise—for any claims, damages, injuries, losses, or liabilities arising from the use or operation of the Vehicle by any person who is not an authorized driver.

9. Insurance

Member acknowledges and agrees that Member may be responsible for the full amount of any liability arising in connection with the Vehicle during the duration of the Agreement. Member’s insurance, when held personally or available through any other recoverable policy, will always be primary. Member understands and agrees that when they are online with or on a trip through a transportation network company (“TNC”), the insurance policy maintained by the TNC is primary. Member will be responsible for loss and/or damage as stated by the applicable TNC’s insurance coverage. When permitted by law, Member waives any claims related to the provision of damage waivers or limits thereto under state law. If the TNC’s coverage does not apply, A’s Luxury Rentals covers third party liability up to the state minimums. Member is then responsible for any third-party liability in connection with operation of the Vehicle to the extent of such liability incurred is in excess of the minimum financial responsibility limits of the applicable state. Member acknowledges and agrees in the event of any accident, theft or other liability incident involving the Vehicle during the Agreement or at any time upon A’s Luxury Rentals’ request, Member will provide A’s Luxury Rentals a copy of the insurance policy covering Member’s use of the Vehicle or which may respond to any automobile liability involving the Vehicle. In the event of an insurance claim, A’s Luxury Rentals has Power of Attorney over the claim. In the event of any collision through no fault of the Member, Member hereby acknowledges and assigns all monetary property damage rewards, including, but not limited to, diminished value payments, repair payments, rental car reimbursement payments, deductible reimbursement directly to A’s Luxury Rentals. Members are required to immediately report any vehicle damage or loss to A’s Luxury Rentals that occur during the Term.

10. Protection Plan

You are responsible for any loss or damage to the Vehicle you do not report prior to the Start Date & Time. In the event that you identify damage at the Start Date & Time, You should document any damage to the Vehicle by taking a photo of it and emailing it to the help desk prior to accessing the Vehicle. Included in your Membership fee, A’s Luxury Rentals offers a protection plan designed to limit your financial risk for physical damage to the Vehicle as long as the Vehicle is used safely and in accordance with this Agreement (“Protection Plan”). The Protection Plan is a contractual benefit that limits what you will pay for Vehicle damage or loss up to $1,000 plus applicable taxes (“Damage Fee”). The Protection plan also includes access to 24/7 roadside support. The following are excluded from the Protection Plan: non-collision damage (e.g., windshield chips or missing parts, excluding normal wear and tear), all traffic violations, tolls, parking tickets, late vehicle returns, unauthorized use, and any violations of the Agreement. Members remain financially responsible for these costs.

11. Damage Fee Forgiveness Program

For an additional weekly payment and uninterrupted compliance with all other terms of the Agreement, you may elect the Damage Fee Forgiveness Program in the event of physical damage to the Vehicle. By opting into the Damage Fee Forgiveness Program, you will not be responsible for the Damage Fee in the event of physical damage to the Vehicle. The Damage Fee Forgiveness Program may only be used to avoid the Damage Fee ONCE in a lifetime. This means that in the event of Vehicle damage, the Damage Fee may only be forgiven twice, after which you will no longer be eligible to opt into the Damage Fee Forgiveness Program. This means that if you cause physical damage to a vehicle ONE time and have elected the Damage Fee Forgiveness Program during the incident, you will no longer be able to elect the Damage Fee Forgiveness Program with A’s Luxury Rentals.

12. Insurance Limits of Liability

Insurance is provided on the Vehicle while you are operating the Vehicle in compliance with the terms of this Agreement. A’s Luxury Rentals automobile liability insurance provides coverage up to the minimum financial responsibility limits required by state law. To the extent such coverage is imposed by law, that coverage will be for the minimum limits required by law. We are liable only up to the maximum amounts under our insurance coverage and only if the Vehicle was being operated by you or a person entitled to insurance coverage under law. You may be liable to us up to the maximum amounts described above and to an injured person for amounts awarded over such maximum amounts. The existing insurance coverage offered with your Membership may not be sufficient. You are encouraged to contact your insurance professional to obtain excess insurance coverage.

13. Vehicle Ownership

Member has no ownership rights in the Vehicle. A’s Luxury Rentals shall at all times retain ownership and title to the Vehicle. Member shall immediately notify A’s Luxury Rentals in the event the Vehicle is levied, has a lien attached, or is threatened with a lien and/or seizure as a result of Member’s action, inaction, possession, or use of the Vehicle. Member shall indemnify and hold A’s Luxury Rentals harmless against any and all losses and/or damages caused by such action or inaction.

14. Vehicle Condition & Repairs

Upon execution of this Agreement, Member accepts the Vehicle in its “as is” condition and acknowledges that the Vehicle has been inspected, is in good working order and in factory condition. Member agrees to operate the Vehicle in accordance with the vehicle owner’s manual. Member acknowledges and agrees that during the Term of this Agreement, Member is required to return the Vehicle to A’s Luxury Rentals for routine inspection and maintenance service at no cost to Member at least one (1) time every sixty (60) days or 10,000 miles whichever occurs first. All repairs necessitated by normal wear and tear such as tires, brakes, fluid changes will be of no cost to the Member as long as the repair is performed by A’s Luxury Rentals or an authorized agent of A’s Luxury Rentals. Any damage or repairs necessitated as a result of the negligence of the Member (Damage to rims, screws in the tire, undercarriage damage caused by driving over an object etc.) will be charged to the Member. Based upon availability, A’s Luxury Rentals may provide a replacement vehicle if Vehicle is being repaired or maintained by A’s Luxury Rentals. A’s Luxury Rentals shall have the right to inspect the Vehicle at any time without prior notice to Member. In the event that the Vehicle requires maintenance or is damaged in any way, Member shall immediately notify A’s Luxury Rentals and return the Vehicle to A’s Luxury Rentals for inspection and repair. All mechanical maintenance and collision repair related to the Vehicle shall only be performed by A’s Luxury Rentals or A's Luxury Rentals authorized automotive repair facility. Wear and tear shall include, but is not limited to, the following, even if covered by the Member’s personal insurance policy: Cracked, damaged, or tinted glass; dented or damaged body panels, fenders, lights, or paint; missing equipment or accessories that were provided with the Vehicle, without limitation, wheel covers, jack, wheel wrench, and spare tire or regular tires; tires with less than 3mm of tread remaining at lowest point; damage to the interior of the Vehicle, including, but not limited to, dash, seats, floor covering, upholstery, truck liner, and center console (if applicable); or mechanical damage that affects the safe, proper, or lawful operation of the Vehicle, which would include damage that causes the Vehicle to fail a safety inspection in the State where Vehicle is registered. When Member(s) returns the Vehicle for maintenance or inspection once every 60 days as set forth in this Agreement, the Member shall pay the cost of repairs needed as a result of excess wear and tear.

15. No Warranty

Member acknowledges that Member has examined the Vehicle prior to taking possession, and that it is in good condition. It is recommended that Member also take accurate pictures of the Vehicle at the beginning and end of the Term to avoid disputes at a later date. YOU ARE TAKING POSSESSION OF THE VEHICLE AND ANY OPTIONAL ACCESSORIES “AS-IS” AND AGREE THAT YOU HAVE HAD AN ADEQUATE OPPORTUNITY TO INSPECT THE VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, A’S LUXURY RENTALS EXCLUDES ALL WARRANTIES OF ANY KIND RELATED TO THE VEHICLE, ITS PLATFORM OR SERVICES, BOTH EXPRESS AND IMPLIED, , INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR OTHER WARRANTIES AND CONDITIONS UNDER APPLICABLE LAWS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR PLATFORM AND/OR SERVICES. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF OURS HAS ANY AUTHORITY TO BIND US TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY RELATING TO OUR PRODUCTS AND/OR SERVICES OTHER THAN AS SPECIFICALLY PROVIDED HEREIN. A’S LUXURY RENTALS MAKES NO REPRESENTATION AND DOES NOT GUARANTEE SUCH THINGS AS QUALITY, SUITABILITY OR RELIABILITY OF THE PLATFORM OR SERVICES, WHICH INCLUDES SUCH THINGS AS THE QUALITY, FUNCTIONALITY, AVAILABILITY OF ANY VEHICLE, OR THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. A’S LUXURY RENTALS DOES NOT REPRESENT OR GUARANTEE THAT THE PLATFORM OR SERVICES WILL BE ERROR FREE, NOR DOES IT REPRESENT OR WARRANTY A PARTICULAR QUALITY, SUITABILITY OR SAFETY. YOU AGREE THAT ANY AND ALL RISK ARISING OUT OF USING THE PLATFORM OR SERVICES REMAINS SOLELY WITH YOU, TO THE EXTENT ALLOWED UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW REQUIRES ANY WARRANTIES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. Pricing and Product Descriptions

Although we make reasonable efforts to provide accurate pricing information and service descriptions, pricing mistakes, typographical errors, or mistakes on vehicle availability may occur. We reserve the right to correct such mistakes and errors. In the event that a service is listed at an incorrect price or a vehicle’s availability or description is inaccurate, we have the right, in our sole discretion, to reject any request or to cancel any order placed for that vehicle or service.

17. Vehicle Use Restrictions

The following list includes common examples of things that cannot be done with the Vehicle; however, these examples are not intended to be a complete list of all prohibited uses. A’s Luxury Rentals reserves the right to add restrictions as reasonably necessary to protect itself, its property, others, or the property of others. Member shall not:

a. operate the Vehicle or permit it to be operated to commit any violation of law;

b. operate the Vehicle or permit it to be operated for any race, test, or contest;

c. operate the Vehicle or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Vehicle as determined by the number of seatbelts;

d. operate the Vehicle or permit it to be operated to carry hazardous materials or explosive substances of any kind;

e. operate the Vehicle or permit the Vehicle to be driven or parked on roadways not regularly maintained, or on any roads, beaches, driveways, or surfaces likely to cause damage to the Vehicle;

f. operate the Vehicle or permit the Vehicle to be driven or parked in unsafe areas or where the Vehicle is likely to be damaged;

g. operate the Vehicle or permit the Vehicle to be operated to push or tow any other vehicle;

h. transport any animal in the Vehicle (with the exception of animals licensed to to assist persons with disabilities);

i. allow any person to smoke, take, or use alcohol or illegal drugs in the Vehicle;

j. use the Vehicle as a residence or otherwise live in the Vehicle;

k. operate the Vehicle outside of the United States; and/or

l. perform any repairs on the Vehicle or allow anyone other than an authorized Whip entity or person to perform repairs on the Vehicle.

18. GPS and Telematics

Vehicles may include GPS, telematics technology, or vehicle disabling technology and some Members may have telematics capabilities through applications on their mobile phones (“Telematic Devices”). Telematic Devices track vehicle and driver analytics data. Member consents to the data collected by the Telematic Devices and to this data being used consistent with the A’s Luxury Rentals Privacy Policy, the privacy policy of the vehicle manufacturer, and the privacy policy of the Telematic Device manufacturer or software provider. Member agrees not to tamper with, disable, or remove such Telematics Device for any reason. Member will be held responsible for any damages to or tampering with any Telematics Devices present in the Vehicle. Telematic Devices allow A’s Luxury Rentals to locate the Vehicle if it is stolen or is being used in violation of this Agreement. By signing this Agreement, Member voluntarily waives any right Member may have to privacy in the location of the Vehicle and authorizes A’s Luxury Rentals to use the Device to locate the Vehicle at any time, for any reason, and for any other purpose not prohibited by applicable law. Further, Member acknowledges and agrees that Whip may disable the Vehicle without notice to Member upon breach of this Agreement. Any attempt to tamper or remove device will result in termination of the Agreement.

19. Third Party Links, Ads, and Other Members

Our Platform may link to other websites and/or display advertisements for third parties (“Third Party Platforms”). You acknowledge and agree that A’s Luxury Rentals does not control and is not responsible for the availability of Third Party Platforms. Furthermore, A’s Luxury Rentals does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Third Party Platforms. A’s Luxury Rentals makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Third Party Platforms and shall have no liability for any damages or injuries of any kind arising from such content or information. You further acknowledge and agree that A’s Luxury Rentals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such other Third Party Platform. Inclusion of any third party link does not imply an endorsement or recommendation by A’s Luxury Rentals. When you click or link to a Third Party Platform, the applicable third party’s terms and policies apply.

20. Authorization to Contact You

You agree that A’s Luxury Rentals and its third party service providers may contact you using email, autodialed, prerecorded, or artificial voice calls and text or media messages, at any email or telephone number that you have provided to A’s Luxury Rentals. You agree that we may contact you to, among other things, (1) discuss your Member Account, including any transactions related to your Member Account; (2) resolve any issues or problems with your account; (3) resolve a dispute; (4) collect any amounts due or past due; (5) inquire about your experience using our Services; (6) as necessary to provide the Services to you; and/or (7) for marketing purposes, including any offers or promotions related to the Services. Your consent is not a condition of receiving property, goods, or services. A’s Luxury Rentals may monitor or record telephone conversations for quality control, training purposes or for its own protection. By opting-in to short message service (SMS) and/or multimedia message services (MMS) notifications, you agree to receive informational, transactional, and marketing messages from A’s Luxury Rentals and its third party vendors. Messaging frequency varies. You can cancel these notifications at any time by texting “STOP” as a reply from the mobile device receiving messages. You may receive a message to confirm that you have been unsubscribed. If you opt out of receiving messages, you understand and acknowledge that you may not receive the full value of our Services. For further support, email us at hello@AsLuxuryRentals.com. Wireless service providers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to or from you. Any questions about your text or data plan should be directed to your wireless service provider.

21. Default

In the event that Member defaults under this Agreement, this Agreement shall immediately terminate, and the Member shall be required to pay any and all amounts due under this Agreement for the remainder of the Term. Further, upon the occurrence of a Default, A’s Luxury Rentals may immediately terminate Member’s right to use the Vehicle without notice and repossess the Vehicle, in its sole discretion. Member shall be in default of this Agreement if any of the following occurs (“Default”):

a. upon a failure to pay any Member Payments other payments when due under this Agreement;

b. failure to obtain and maintain insurance coverage as required by the Agreement;

c. misrepresentation and/or breach of any of the terms, obligations and conditions of the Agreement;

d. if the Vehicle is repossessed, stolen, seized or towed through no fault of Whip;

e. a bankruptcy, receivership, or insolvency proceeding is initiated by the Member or against the Member; or

f. any part of the Vehicle or Device (as defined below) is tampered, altered, modified, disengaged or otherwise removed.

22. Intellectual Property

The name A’s Luxury Rentals, the Platform, and all other A’s Luxury Rentals marks, logos, designs, and phrasing used in connection with our Services are trademarks, service marks, or trade dress of A’s Luxury Rentals in the United States may not be used without the prior and express written permission of A’s Luxury Rentals. Other trademarks, service marks, names, and logos used in conjunction with our Services, such as trademarks, service marks, names, or logos associated with third-party organizations, are the intellectual property of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. We hereby grant you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to access our Platform solely for a use authorized by this Agreement. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Platform or Services or any adaptations thereof unless expressly set forth in these Terms of Service.

23. Content You Submit

“User Content” means any and all information and content that a user submits to us or uses with the Platform (e.g., content in your Member Account, communications with us, etc.). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by us, or third parties, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (described below). Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. You retain ownership of any intellectual property contained in your User Content. However, you hereby grant (and you represent and warrant that you have the right, permission, consent, or license to grant) A’s Luxury Rentals a royalty-free and fully paid, irrevocable, transferable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, public performance, prepare derivative works of, and incorporate into other works) any and all User Content that you submit to us or through our Platform. You also waive to the fullest extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you submit. A’s Luxury Rentals has no obligation of protecting as proprietary or confidential, express or implied, with respect to any User Content that you submit to us through our Platform, email, telephone, in person, or otherwise, such as any questions, comments, suggestions, feedback, or the like. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. A’s Luxury Rentals shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever). We shall be free to use any ideas, concepts, know-how or techniques contained in any communication from you to us through our Platform, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without further authorization from you and without any compensation to you.

24. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”

(a) You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; (vi) use software or automated agents or scripts to produce multiple accounts, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vii) assign or transfer your Member Account to any other entity or person; (viii) continue to use the Services if your Member Account has been suspended or restricted; or (ix) take any action to circumvent the Services. (c) Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Member Account, and/or reporting you to law enforcement authorities.

25. Procedure for Claims of Copyright Infringement

We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ Member Accounts. If you have a good faith belief that your copyright is being infringed by any content accessible on or through our Platform, please send a notice of claimed infringement, including the information listed below (pursuant to 17 U.S.C. § 512(c)), to our designated Copyright Agent at: By mail: ____________________________________________________________ By email: legal@AsLuxuryRentals.com To be effective, the notice of claimed infringement must include the following required contents: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work on our Platform claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled; information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the content quickly); Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted; A statement the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

26. Indemnification

Member covenants to defend and indemnify A’s Luxury Rentals and its members, affiliates, subsidiaries, owners, employees, contractors, and agents (collectively, the “Indemnified Parties”), and save the A’s Luxury Rentals and Indemnified Parties harmless from and against all threatened claims, claims, actions, damages, liability, judgments, compensation, cost and expenses, (including, but not limited to, attorneys’ fees and disbursements attendant thereto), in connection with any action brought by Member and/or a third party, against the A’s Luxury Rentals and/or Indemnified Parties, arising from or out of (i) Member’s use of the Platform or Service; (ii) Member’s use, operation and maintenance of the Vehicle; (iii) Member’s breach or threatened breach of any duty, obligation, representation, and/or warranty; or (iv) Member’s failure to comply with any provision of this Agreement; (v) any action or omission by you that causes the Indemnified Parties to be sued by an owner, driver, passenger, or other third party;(vi) you violation of applicable laws or regulations; or (vii) your User Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation with or without your consent.

27. Limitation of Liability

IN NO EVENT SHALL A’s LUXURY RENTALS BE LIABLE FOR ANY INDIRECT, SPECIAL PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST PROFITS, GOODWILL, DAMAGE TO REPUTATION, INJURY, OR INTERRUPTIONS OF SERVICE AND LOST REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.THESE LIMITS EXTEND TO ANY AND ALL POSSIBLE LEGAL CLAIMS AND THEORIES AND WHETHER THE CLAIMED DAMAGES ARE FINANCIAL OR NON-FINANCIAL IN NATURE. A’s LUXURY RENTALS SHALL NOT BE LIABLE FOR ANY LIABILITY OR DAMAGE RELATED TO OR ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SERVICES, THE PLATFORM, OR A VEHICLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM, SERVICES, OR A VEHICLE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR PLATFORM AND/OR SERVICES AND TO IMMEDIATELY RETURN THE VEHICLE. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

28. Dispute Resolution

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Whip and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. YOU AND A’s LUXURY RENTALS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate is governed by the Federal Arbitration Act. (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of the Platform or Service that cannot be resolved informally, including with A’s Luxury Rentals third parties relating to collections, evaluation, or use of personal information, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. A’s Luxury Rentals rights and obligations under this arbitration provision shall inure to the benefit of the consumer reporting agency regardless of whether the consumer reporting agency is named as a co-defendant with A’s Luxury Rentals or named individually in a claim that would otherwise be subject to this arbitration provision if brought against A’s Luxury Rentals. (b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to:___________________ with copy to hello@AsLuxuryRentals.com. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. (c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Commercial Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location in Florida and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this Agreement. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. (d) Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. (e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. (g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. (i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. (j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. (k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. (l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company. (m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (n) Notwithstanding the above, claims made by the A’s Luxury Rentals to repossess the Vehicle or for criminal action by the Member may be made in the court of law at any time without the need to pursue arbitration. (o) Courts. In any limited circumstances where the foregoing Arbitration Agreement requires the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Florida for such purpose.

29. Electronic Service

In jurisdictions where electronic service is permitted, the parties agree and consent to service of any process, including formal legal process in any legal proceedings, by electronic service, including e-mail, private facsimile, and any other forms of electronic communication to any contact point provided in Member’s Membership profile The parties agree to deem any service by electronic means to be the same as personal service. In jurisdictions where electronic service is not permitted, the parties will be subject to the requirements of the applicable jurisdiction.

30. Statute of Limitations

You and A’s Luxury Rentals agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, our Platform, our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

31. Release

To the fullest extent permitted by law, you release A’s Luxury Rentals and its affiliates and subsidiaries, and any of their members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature (including personal injuries, death, and property damage), known and unknown, arising out of or in any way connected with the following: (i) disputes between Members, including those between you and other Members; (ii) third party sites and services, including content and/or services found on such sites and services; (iii) disputes concerning any use of or action taken using your Member Account by you or a third party; and/or (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your Member Account, including unauthorized use or alteration of such communications or your content. If you have a dispute with any party who provides advertising or third party services, on or through our Platform or in conjunction with our Services, or with any party who provides any website/application linked to our Platform, your dispute is solely with that third party, and you release A’s Luxury Rentals from all claims, demands, and damages (direct, incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE LIMITATIONS IN THIS SECTION NEITHER LIMIT NOR ALTER ANY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release or this Agreement.

32. Notice for California Users

Under California Civil Code Section 1789.3, users of our Platform and Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

33. Electronic Communications & E-Signatures

The communications between you and A’s Luxury Rentals use electronic means – whether you use the Platform or our Services, or whether we post notices on the website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You agree that this Agreement and other agreements between you and A’s Luxury Rentals, may be signed and delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, Uniform Electronic Transactions Act or other applicable law) or other transmission method and any counterpart so delivered will be deemed to have been duly and validly delivered and be valid and effective for all purposes.

34. Notice

A’s Luxury Rentals may provide notice to you electronically by directing that notice to the email address you have provided to us, or by written notification mailed to the last physical address that you have provided. Notice shall be deemed effective 48 hours after it is sent (if by email) or posting (if by regular mail).

35. Miscellaneous

This Agreement supersedes all prior agreements and understandings concerning the subject matter herein and constitutes the entire agreement between the A’s Luxury Rentals and the Member. This Agreement may be amended or modified from time to time only pursuant to a written agreement executed by both parties. This Agreement may not be assignable by Member without the prior written consent of A’s Luxury Rentals. This Agreement, and the application or interpretation thereof, shall be governed exclusively by its terms and by the laws of the State of Florida. For any action brought under this Agreement, each party agrees to submit to the exclusive jurisdiction of, and agrees that the venue is proper in Florida. In connection with this Agreement and the transactions contemplated hereby, A’s Luxury Rentals and Member shall each execute and deliver any additional documents and instruments and perform any additional acts that may be necessary or appropriate to effectuate and perform the provisions of this Agreement and those transactions.

36. Power of Attorney

Member hereby appoints A’s Luxury Rentals as Member’s attorney-in-fact to execute and deliver proofs of claim, receive payments, endorse checks and other documents, and to take actions necessary to pursue insurance claims and recover payments. Member hereby irrevocably appoints Whip as Member’s attorney-in-fact to execute, apply, amend, file, or take necessary action to confirm or perfect A’s Luxury Rentals security interest in the Vehicle. Before distributing recovered payments, if any, to Member, A’s Luxury Rentals has the right to offset costs and expenses associated with pursuing claims, perfecting title, and recovering payments.

37. Waiver

No failure of A’s Luxury Rentals to exercise or enforce any rights under this Agreement shall act as a waiver of any subsequent breach(es), and the waiver of any breach shall not act as a waiver of any subsequent breach(es). A’s Luxury Rentals acceptance of payment with knowledge of a default by Member shall not constitute a waiver of any breach.

38. Severability

In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. Upon a determination that any term or other provision is invalid or illegal and is material to this Agreement, the parties shall negotiate in good faith to modify this Agreement to reflect the original intent of the parties as closely as possible.