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CAR RENTAL AGREEMENT

This Agreement is dated this……......day of………...2019, BETWEEN ………………………………………….. of


……………………………………………………………........., Lagos State (“The Car Owner”, which expression shall
where applicable include his personal representatives and assigns) of the first part;

And

Mr. ………………………………………….. of …………………………………………………………….., Lagos (“The Driver”,


which expression shall where applicable include his personal representatives and assigns) of the other
part.

WHEREAS:

1. The Car Owner is assigned to manage the vehicle on behalf of the legal and registered owner of a
Silver Kia Rio, 2012 Model with Plate No. ………………………. and Chassis No: ……………………………… (The
Car).

2. For a fee of N30,000 weekly, the Car Owner wishes to submit the Car to the Driver for the purpose of
commercial Uber/Taxify/OgaTaxi (and similar) transportation services.

3. The Driver also wishes to accept the Car for the purpose of commercial Uber/Taxify/OgaTaxi (and
similar) transportation services for the above-stated weekly remittance.

4. This Agreement is to set out the terms and conditions of the mutually binding covenants of the
parties.

TERMS OF AGREEMENT

1. OWNERSHIP

Ownership of the Car is vested and shall always remain vested in the Car Owner. NOTHING in this
Agreement shall be construed as transferring any ownership rights of The Car to the Driver whatsoever.

2. DURATION

This Agreement is valid for 6 (Six) months and shall be renewable by parties for additional terms as may
be agreed between the parties.

3. INSPECTIONS

A. The Car Owner shall have the right to request for an inspection of The Car at any time and the Driver
shall always oblige such request within 24 hours from time notice is given.

B. Further to paragraph (A) above, the Car Owner is entitled to request an inspection of The Car by the
Car Owner’s designated Mechanic or other auto–repair agent.

C. Further to Paragraphs 3A and 3B above, the Car Owner shall inspect the Car once every 2 months and
the Driver shall submit the Car for inspection on the said date.
D. If after an inspection, the Car Owner is unsatisfied with the state of the car, the Car Owner may
terminate the agreement immediately.

4. VEHICLE REPAIR & MAINTENANCE

a. The Car Owner shall be responsible for change or repair of vehicle suspension, provided such damage
of vehicle suspension is not as a result of reckless or negligent driving by the driver, upon which the
Driver shall be responsible.

b. The Driver shall use the Car Owner’s designated mechanic for repairs of the Vehicle.

c. The Driver shall be responsible for cost of vehicular repair as a result of natural wear and tear below
N5000 (Five Thousand Naira); and any cost of repair above the stated sum shall be borne by the Car
Owner and Driver on a 60:40 percentage respectfully, PROVIDED that such faults are not due to the
negligence of the driver.

d. In the event of an accident and damage to the Vehicle above N10,000 and of a 3rd party or other
parties, the Driver shall be responsible for the repair of the 3rd party’s or other party’s Vehicle except
handled by an insurance company.

e. Repair of the Air-condition, heating, cooling, bodywork, brakes, exhaust, Electrical, batteries, interior,
audio, steering, suspension, tires, wheels, window, windscreens, mirrors, will be the sole responsibility
of the Car Owner except handled by an insurance company.

f. The Driver shall not repair the Car without prior notice to the Car Owner.

g. Both parties to this agreement shall be responsible for engine and transmission repair of the Car,
however if damage is caused due to the negligence of the driver, he will bear sole responsibility; as long
as Car Owner takes reasonable care in carrying out his maintenance responsibility.

h. Car Owner shall be responsible for the monthly maintenance of vehicle.

5. INSURANCE

a. The Car Owner shall be responsible for the comprehensive insurance of the Vehicle against theft or
damage.

b. During the pendency of this agreement, it shall be the duty of the Driver to ensure that the current
car registration, insurance and other Motor Vehicle Particulars are duly and promptly registered.
Payment of which shall be borne by the Car Owner.

c. Further to paragraph (b) above, the Driver shall notify the Car Owner, 1 (one) month before
expiration of Motor Vehicle Particulars.

6. STORAGE AND USE OF VEHICLE

a. The Driver shall use the Vehicle solely for the purpose of commercial transport services and only on
platforms approved by the Car Owner.
b. The Car Owner shall be responsible for registering the vehicle on the commercial transport service of
her choice.

c. The Driver shall be responsible for the day to day storage, upkeep and maintenance of the Vehicle.

e. If for any reason, the car is not in operation, the Driver shall park the car at the Car Owner’s
designated location.

f. Upon return of Vehicle, Driver at his own cost must ensure that Car is in good condition in line with
the Cars45/Uber Car assessment of the vehicle.

g. If upon termination of this Agreement, Driver does not return the car within 24 hours, he shall be
liable to pay the Car Owner, the sum of N5,000 (Five Thousand Naira) per day in which car remains in
his possession.

7. PAYMENT

a. The Driver shall pay the Car Owner, the sum of N30,000 (Thirty-five Thousand Naira) weekly during
the pendency of this agreement.

b. Weekly payments shall be made directly to the bank account provided by the Car Owner on or before
Friday of each week or as agreed by both parties.

c. Failure of the Driver to make any weekly payment, shall attract an extra default fee of N1,000 (One
Thousand Naira) per day until the entire sum is liquidated.

d. Further to Paragraph (c) above, each weekly payment shall be considered individually in respect of
the above mentioned penalty.

e. Failure to remit any weekly deposit will be considered as a breach of this Agreement and may be
liable to terminate same except Car Owner expressly agrees to waive right to terminate the Agreement.

f. Failure to remit full weekly deposit in any two (2) consecutive weeks or cumulative remittance of less
than 90% in any six (6) consecutive weeks shall be considered as a breach of this Agreement and liable
to termination of same except Car Owner expressly agrees to waive right to terminate the Agreement.

8. GUARANTORS

a. The Driver shall provide 2 (two) valid national means of identification. These shall be an international
passport/national ID and a valid driver’s license.

b. The Driver shall provide 2 (two) responsible and verified persons as guarantors.

c. In the event of total and un-repairable damage to the Vehicle, the Car Owner shall be paid the sum of
N1,600,000 (one million eight hundred thousand naira) being the current value of the Vehicle
according to the Uber Valuation report or insurance company assessment annexed to this agreement.
9. BREACH

a. Upon breach of any of the clauses to this Agreement, the party who caused the breach shall be liable
to the other party to the extent of such breach.

b. Breach of any clause under this Agreement shall effect an immediate termination of the agreement,
except injured party from the breach expressly waives right to terminate the agreement.

10. TERMINATION

This Agreement shall be terminated by either party upon giving 1 (One) Weeks’ notice to the other
party. Notice of which must be in writing or by any other means agreed by the parties.

11. DISPUTE

In the event of a dispute, controversy or claim arising out of or relating to this agreement, including any
question regarding its breach, existence, validity or termination or the legal relationships established by
this agreement, the parties shall first seek settlement of that dispute by mediation in accordance with
the High Court of Lagos State, Multidoor Courthouse, Mediation Rules, which Rules are deemed to be
incorporated by reference into this clause.

12. EFFECTIVE DATE

This Agreement is effective upon the day and date last signed and executed by the parties to this
Agreement.

13. ALTERATIONS

This Agreement represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, representations and agreements, whether written or oral. Any changes,
modifications, revisions or amendments to this Agreement which are mutually agreed upon by and
between the parties to this Agreement shall be incorporated by written instrument, and effective when
executed and signed by all parties to this agreement.

14. JUDICIAL INTERPRETATION

The construction, interpretation and enforcement of this agreement shall be governed by the laws of
Lagos State. The High Court of Lagos State shall have jurisdiction over any action arising out of this
agreement and over the parties. Should any portion of this agreement be judicially determined to be
illegal or unenforceable, the remainder of the agreement shall continue in full force and effect, and
either party may renegotiate the terms affected by the severance.

15. RIGHTS OF PARTIES


The rights, duties and obligations contained in this agreement shall operate only between the parties to
this agreement and shall be solely to the benefit of the parties to this agreement.

16. INDEMNITY

 The driver hereby indemnifies the owner against any third-party claims on the property.
 The driver further indemnifies and excludes the owner from any personal undertaking, debts
and proceedings which are unrelated to this agreement.

17. WARRANTIES:

 The driver warrants that he is qualified to drive a vehicle anywhere in Nigeria and has satisfied
the requirements of the law in obtaining all required licenses.
 The driver warrants that no third-party commitments preclude him from entering into this
agreement.
 The driver warrants that no extraneous, contractual, civil, criminal or proprietary engagements
affect his right to enter into this agreement.
 The driver warrants that he is not the subject of a criminal proceeding, police investigation, civil
matter, bankruptcy or debt recovery process.
 The driver warrants that should there be any claims upon his person, property or otherwise, it
shall have no bearing on the owner’s property.
 The driver agrees to immediately, and without any delay whatsoever, inform the owner should
any matter arise which may affect the owner’s peaceable enjoyment of the ownership of his car.
 The owner warrants that the property was purchased in good faith, properly receipted, and is
not the subject matter of any debt recovery proceeding of court matter.
 The owner further warrants that all vehicle registrations required by Nigerian law have been
complied with, and all documents updated to reflect same.

In witness whereof, the parties to this agreement have executed this agreement on the day and date set
out above, and certify that they have read, understood, and agreed to the terms and conditions of this
agreement as set forth herein.

Car Owner --------------------------------------------

(NAME) Signature & Date

Witness:

Name: _____________________________________________

Signature & Date: ____________________________________


Driver --------------------------------------------

(NAME) Signature & Date

Witness:

Name: _____________________________________________

Signature & Date: ____________________________________

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