Terms of Use

TERMS OF USE

VEHICLE USE AGREEMENT

ARTICLE 1

PARTIES AND VEHICLE INFORMATION

THIS VEHICLE USE AGREEMENT (this “Agreement”) is entered into electronically by and
between:
PUGMARKS RENTALS LTD., a British Columbia corporation (the “Company”) with a
registered address at 108 - 13049 – 76th Avenue, Surrey, B.C. V3W 2V7
AND:
The renter identified in the Booking Confirmation and payment record (the “Renter”).

Electronic Acceptance and Booking Information

BY SELECTING THE REQUIRED ACCEPTANCE CHECKBOX AND COMPLETING
PAYMENT THROUGH THE COMPANY’S PAYMENT LINK, THE RENTER CONFIRMS THAT
THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND
CONDITIONS OF THIS AGREEMENT, INCLUDING THE RELEASE AND INDEMNIFICATION
PROVISIONS IN ARTICLE 11 AND THE DAMAGE PROTECTION POLICY IN SCHEDULE B.
The booking details provided through the Company’s booking process, payment link,
invoice, reservation confirmation, or booking confirmation (collectively, the “Booking
Confirmation”), including the Renter’s information, Vehicle information, Rental Period, pickup
and return locations, Additional Authorized Driver(s), rental charges, included kilometres,
overage rate, Security Deposit, applicable taxes, and selected Damage Waiver, form part of this
Agreement.
Each Additional Authorized Driver must be identified in the Booking Confirmation
The electronic acceptance record, payment transaction record, and Booking
Confirmation will identify the Renter, the booking, the date of acceptance, and the applicable
terms.

ARTICLE 2

DRIVER ELIGIBILITY AND REQUIREMENTS

Section 2.1 Minimum Age.

The Renter must be a minimum of 21 years of age at the time of rental. Renters between 21 and
24 years of age (inclusive) are subject to an additional Young Driver Surcharge as set out in the
Company’s current rate schedule, a copy of which has been provided to the Renter.

Section 2.2 Valid Licence.

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The Renter and any Additional Authorized Driver must hold a valid, unexpired driver’s licence
issued in British Columbia, another Canadian province or territory, or a foreign jurisdiction
recognized in British Columbia under the Motor Vehicle Act (BC). The licence must authorize
operation of the class of vehicle being rented and must remain valid and unexpired at all times
during the entire rental period, commencing on the rental start date and ending on the rental end
date (the “Rental Period”). The Renter must present the original licence for inspection at the time
of pickup. A provisional, learner’s, or restricted licence does not satisfy this requirement.

Section 2.3 Authorized Drivers Only.

Only the Renter and any Additional Authorized Drivers listed in Booking confirmation invoice may
operate the Vehicle. No other person may operate the Vehicle for any reason. Any operation of
the Vehicle by an unauthorized driver immediately voids any and all protections under this
Agreement, renders the Renter personally liable for all losses, damages, costs, and claims arising
from such unauthorized use, and may constitute an offence under applicable law.

ARTICLE 3

INSURANCE AND FINANCIAL RESPONSIBILITY

Section 3.1 ICBC Mandatory Basic Autoplan Coverage.

Each Vehicle is registered and insured in British Columbia under an ICBC Autoplan policy
maintained by the Company or the registered owner of the Vehicle. Pursuant to the Insurance
(Vehicle) Act (BC) and the Insurance Corporation of British Columbia (“ICBC”)’s mandatory
requirements, each Vehicle carries the following statutory minimum coverages (“Mandatory
Basic Coverage”):

Third-Party Liability (“TPL”) – Coverage of not less than $200,000 (or such higher
minimum as ICBC may from time to time prescribe) for third-party property damage and,
in limited circumstances, third-party bodily injury claims. The Renter acknowledges that,
under the Enhanced Care (no-fault) model in effect in British Columbia since May 1, 2021,
most bodily injury claims arising from collisions in BC are addressed through statutory
Accident Benefits (paragraph (b) below) rather than through TPL litigation, and that TPL
principally responds in limited circumstances such as out-of-province claims, claims for
vehicle damage or other property loss, and certain claims involving criminal or intentional
conduct. TPL coverage in BC follows the vehicle, not the registered owner, and may
therefore respond to third-party claims arising during the Rental Period regardless of the
identity of the driver, subject to ICBC’s adjudication and any applicable exclusions;
Accident Benefits – Statutory no-fault Enhanced Care benefits covering medical
expenses, rehabilitation, income replacement, and death benefits for the Renter, any
Authorized Driver, and any other occupant of the Vehicle injured in a collision in British
Columbia, regardless of fault. Accident Benefits are the primary channel for recovery of
personal injury losses arising from collisions in British Columbia. Benefit limits and
eligibility criteria are prescribed by regulation under the Insurance (Vehicle) Act (BC) and
may be amended from time to time; the Renter is encouraged to review ICBC’s current
published benefit schedule before relying on this coverage; and
Underinsured Motorist Protection (“UMP”) – Statutory protection for occupants of the
Vehicle if injured by a driver carrying insufficient third-party liability insurance.

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The Mandatory Basic Coverage is provided in compliance with British Columbia law.
THE COMPANY’S OBLIGATIONS ARE LIMITED TO MAINTAINING THE MANDATORY BASIC
COVERAGE DESCRIBED IN THIS SECTION 3.1. THE COMPANY MAKES NO
REPRESENTATION THAT THE MANDATORY BASIC COVERAGE WILL RESPOND TO ANY
PARTICULAR CLAIM, AND THE AVAILABILITY AND ADEQUACY OF SUCH COVERAGE IN
ANY GIVEN CIRCUMSTANCE IS SUBJECT TO ICBC’S ADJUDICATION, APPLICABLE
EXCLUSIONS, AND THE CONDUCT OF THE RENTER AND AUTHORIZED DRIVERS.

Section 3.2 Damage Liability Waiver Options.

The Company offers the following optional damage liability waivers (each a “Damage Waiver”)
that the Renter may elect at the time of booking. Damage Waivers are not insurance policies.
They are contractual limitations on the Renter’s financial responsibility for covered physical
damage to the Vehicle during the Rental Period, subject to the terms, exclusions, and conditions
set out below and in the applicable rate schedule. The full Damage Waiver terms and deductibles
are set out in Schedule B. Applicable pricing is stated in the Booking Confirmation.
(a) Minimum Damage Waiver – Deductible: $2,000. Provides limited protection
against covered vehicle damage during the Rental Period, subject to exclusions
below;
(b) Standard Damage Waiver – Deductible: $500. Provides limited protection
against covered vehicle damage during the Rental Period, subject to exclusions
below;
Exclusions. No Damage Waiver covers damage arising from unauthorized use; prohibited use,
including off-road driving, racing, or impaired driving; wilful misconduct or recklessness; violation
of any term of this Agreement; or any conduct that would void the Mandatory Basic Coverage
under Section 3.1.
Declining Damage Protection. The Renter may decline both Damage Waiver options; however,
valid proof of insurance coverage acceptable to the Company must be provided prior to vehicle
release. Accepted coverage includes personal automobile insurance and eligible credit card rental
vehicle coverage. Coverage must remain active for the entire Rental Period and the Company
reserves the right to verify coverage and refuse the rental if adequate coverage cannot be
confirmed. Renters declining all damage protection remain fully responsible for all vehicle
damage, and related costs as set out in Section 3.5.

Section 3.3 Renter’s Obligation to Obtain Additional Coverage.

Regardless of whether the Renter has purchased a Damage Waiver under Section 3.2, the Renter
is solely responsible for obtaining, at the Renter’s own cost, any additional insurance or protection
the Renter considers appropriate for the Rental Period. The Mandatory Basic Coverage and any
Damage Waiver elected by the Renter do not provide third-party liability coverage above the
statutory minimums, do not cover the applicable Damage Waiver deductible, and do not cover
losses excluded under Section 3.2 or 3.5. The Renter is encouraged to obtain, prior to taking
possession of the Vehicle, one or more of the following:

ICBC Optional Protection, including Collision and Comprehensive coverage for nonowned
vehicles, available through any ICBC Autoplan broker in British Columbia. The
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Renter should contact an Autoplan broker before pickup to confirm eligibility and arrange
coverage;
Non-owned automobile coverage under the Renter’s existing personal automobile
insurance policy, if any, that extends to rented vehicles in British Columbia – the Renter
should confirm coverage with their own insurer before pickup; or
Rental vehicle coverage offered through the Renter’s credit card provider, subject to the
terms and conditions of the applicable credit card benefit program. The Renter is
responsible for independently confirming the scope and eligibility requirements of any
such benefit.

The Company is not an ICBC broker or insurance intermediary and cannot arrange, sell, or advise
on any insurance product. The Renter acknowledges that they have been directed to seek
independent advice from a licensed insurance broker or their own insurer regarding adequate
coverage for the Rental Period.

Section 3.4 Renter’s Representations Regarding Insurance.

By electronically accepting this Agreement, the Renter represents, warrants, and acknowledges
that:

The Renter has been informed that the Company provides the Mandatory Basic Coverage
described in Section 3.1 and, if elected by the Renter at booking, a Damage Waiver under
Section 3.2, and that no other insurance or coverage is provided by the Company; if the
Renter has declined all Damage Waiver options, the Renter further acknowledges that the
Company has provided no protection against physical damage to or loss of the Vehicle
and that the Renter remains fully responsible for such damage or loss as set out in Section
3.5;
The Renter has had a reasonable opportunity to arrange additional insurance coverage
beyond the Mandatory Basic Coverage and any elected Damage Waiver prior to taking
possession of the Vehicle, and has either done so or has made an informed decision to
proceed without it;
The Renter has not relied on any representation by the Company or its employees as to
the availability or adequacy of any insurance coverage or the scope of any Damage
Waiver; and
The Renter accepts full financial responsibility for all costs, damages, losses, and liabilities
arising during the Rental Period that are not covered by the Mandatory Basic Coverage,
as further set out in Section 3.5 below.

Section 3.5 Renter’s Financial Responsibility.

Regardless of fault, and in addition to any amounts recoverable under the Mandatory Basic
Coverage, the Renter is financially responsible for:

All physical damage to or theft of the Vehicle occurring during the Rental Period, including
loss, theft, vandalism, or damage caused by any Authorized Driver or third party while the
Vehicle is in the Renter’s possession, to the extent not covered by the Mandatory Basic
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Coverage; provided that, if the Renter has purchased a Damage Waiver under Section
3.2 and the loss is a covered loss not subject to an exclusion under Section 3.2, the
Renter’s liability under this paragraph for the cost of repair or replacement of the Vehicle
is limited to the applicable deductible (Minimum Damage Waiver: $2,000; Standard
Damage Waiver: $500)
All third-party property damage or bodily injury claims arising from the Renter’s use of the
Vehicle that exceed the limits of or are excluded from the Mandatory Basic Coverage,
including any amounts recovered against the Company by ICBC by way of subrogation or
reimbursement as a result of the Renter’s conduct;
All traffic fines, tolls, parking violations, and associated administrative fees incurred during
the Rental Period; and
All reasonable legal and collection costs incurred by the Company in enforcing this
Agreement.

For greater certainty, the Renter’s financial responsibility under this Section 3.5 applies whether
or not the Renter has obtained additional insurance coverage, subject only to the deductible cap
in paragraph (a) above where a Damage Waiver has been purchased and the loss is covered
under Section 3.2, and any insurance the Renter holds is primary as against any recovery the
Renter may seek from the Company.

ARTICLE 4

VEHICLE CONDITION AND INSPECTION

Section 4.1 Pre-Rental Inspection.

The Renter must inspect the Vehicle thoroughly at the time of pickup and note any pre-existing
damage on the Vehicle. Damage not recorded at the time of pickup may be deemed to have
occurred during the Rental Period and the Renter may be held responsible.

Section 4.2 Condition at Return.

The Renter must return the Vehicle in the same condition as received, subject to normal wear
and tear as determined by the Company. The Company will conduct a post-rental inspection in
the presence of the Renter where reasonably practicable. The Renter remains responsible for the
Vehicle until the Company has completed its inspection and formally accepted the Vehicle back
into its possession. The Renter acknowledges that certain damage (such as undercarriage or
internal mechanical damage) may not be apparent at the time of return and may be identified
later.

Section 4.3 Vehicle As-Is Basis.

The Company makes no representation or warranty as to the suitability of the Vehicle for any
particular trip, purpose, terrain, weather condition, or use intended by the Renter or any
Authorized Driver, and the Renter is responsible for satisfying itself that the Vehicle is suitable for
the Renter’s intended use before taking possession. Nothing in this Section 4.3 limits any nonexcludable
warranty or right under the Business Practices and Consumer Protection Act (British
Columbia) (the “BPCPA”) or other applicable law.
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ARTICLE 5

PAYMENT, SECURITY DEPOSIT, AND ADDITIONAL CHARGES

Section 5.1 Security Deposit.

At the time of pickup, the Renter shall authorize the Company to place a pre-authorization hold
(or, at the Company’s option, charge a refundable security deposit) on a credit card in the Renter’s
name in the amount set out in Booking confimation (the “Security Deposit”). The Security Deposit
is not a cap on the Renter’s liability. The Company may apply the Security Deposit (and, if a hold
has been placed, may convert the hold to a charge) against any amounts owed by the Renter
under this Agreement, including damage, overage kilometers, fuel charges, cleaning fees, and
administrative fees. Any unused portion of the Security Deposit shall be released or refunded
within fourteen (14) business days of the return of the Vehicle, and completion of the post-rental
inspection. If outstanding charges remain at that time, the Company shall provide the Renter with
an itemized statement of charges before applying the Security Deposit.

Section 5.2 Rental Period and Extensions.

Rental periods are calculated in 24-hour increments from the pickup time. A grace period of thirty
(30) minutes applies. Returns beyond 30 minutes but not more than two (2) hours late will incur
an additional half a day charge based on the daily rate. Returns more than two (2) hours late will
incur a full additional day’s rental charge. Extensions must be approved by the Company in
advance and in writing. Unauthorized extension of the Rental Period may be treated as
unauthorized use of the Vehicle.

Section 5.3 Kilometre Overage.

If the total kilometres driven during the Rental Period exceeds the included kilometres stated in
Booking confirmation, the Renter will be charged the overage rate per kilometre as set out in
Booking confirmation. Odometer readings will be recorded at pickup and return.

Section 5.4 Fuel Policy.

The Renter must return the Vehicle at the same fuel level as to when the vehicle was delivered.
If the Vehicle is returned with less fuel, the Company will charge the Renter for the cost of
refuelling at market rates plus an administrative surcharge of $15.00.

Section 5.5 Cleaning.

Smoking is prohibited in all Company vehicles at all times. The Vehicle must be returned
in a reasonably clean condition. If cleaning beyond ordinary wash-and-vacuum is required, the
Company will charge a cleaning fee as follows: (a) standard interior cleaning, $100; (b) heavy
interior soiling (mud, food, sand, or similar), $250; (c) cleaning required as a result of smoking or
removal of stains, odours, or biological matter, $500. If, in any case, the actual third-party cost
incurred by the Company to restore the Vehicle to rentable condition exceeds the foregoing
amounts, the Renter shall pay the actual cost on receipt of an invoice and supporting third-party
documentation.

Section 5.6 Pet Policy.

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Pets are permitted in select approved vehicles only, subject to prior written approval by the
Company and payment of the following charges at booking: (a) a non-refundable Pet Fee of $125
per rental; and (b) a refundable Pet Damage Deposit of $500 per rental (in addition to the standard
Security Deposit), which may be applied to excessive cleaning, interior damage, odour removal,
scratches, stains, biohazard cleanup, or any pet-related repairs. Approval is granted on a caseby-
case basis depending on vehicle type, rental duration, pet size and breed, and overall booking
profile. The Company reserves the right to deny pet requests at its sole discretion.
Where a pet is approved, the following conditions apply: (a) the pet must be transported in an
approved crate/carrier or with a protective seat cover installed (the Company will provide and
install a seat cover if the Renter does not provide a crate; the seat cover must remain installed
whenever the pet is inside the Vehicle); (b) pets may not be left unattended inside the Vehicle for
extended periods, particularly during warm weather; and (c) service animals are accommodated
in accordance with applicable law, though damage and excessive cleaning charges may still
apply. Unauthorized transport of pets may result in additional charges, loss of deposit, termination
of the rental, and refusal of future rentals.
Vehicles returned requiring excessive cleaning as a result of approved pet transport may incur an
additional Excessive Cleaning Fee starting at $250, covering excessive pet hair, strong odours,
mud or dirt contamination, stains, urine or vomit, deep interior detailing, and ozone or
deodorization treatments. The Renter is fully responsible for all pet-related damage including
scratches to leather or interior panels, chewing damage, claw marks, stains, odours, excessive
hair, damaged seat covers, and damaged trim or cargo areas, to the extent such costs exceed
the Pet Damage Deposit.
Guide and Service Animals. Notwithstanding the foregoing, a guide dog or service dog
protected under applicable law will be accommodated and will not be subject to the Pet Fee, Pet
Damage Deposit, discretionary pet-approval process, or crate requirement. The Renter must keep
the animal under control and remains responsible for any actual damage or excessive cleaning
caused by the animal.

Section 5.7 Fines and Administrative Fees.

The Renter is responsible for all parking tickets, traffic fines, toll charges, and other violations
incurred during the Rental Period. An administrative fee of $15.00 per incident will be charged by
the Company for processing any third-party fines or notices received after the Vehicle has been
returned.

Section 5.8 Payment Method Authorization.

The Renter authorizes the Company to charge the credit card or other payment method provided
by the Renter and held on file (the “Payment Method”) for all amounts the Renter is or becomes
obligated to pay under this Agreement. Without limiting the foregoing, the Renter authorizes the
Company to charge the Payment Method for: (a) rental charges, taxes, and surcharges set out in
booking confirmation and the Company’s current rate schedule; (b) the Security Deposit and any
pre-authorization hold under Section 5.1; (c) charges for extensions of the Rental Period under
Section 5.2; (d) kilometre overage charges under Section 5.3; (e) fuel and refuelling charges
under Section 5.4; (f) cleaning fees under Section 5.5; (g) pet fees, deposits, and pet-related
charges under Section 5.6; (h) parking tickets, traffic and other fines, toll charges, and
administrative fees under Section 5.7; (i) the cost of repairing or replacing the Vehicle and any
damage, loss, or theft of the Vehicle for which the Renter is responsible under this Agreement; (j)
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loss of use, diminished value, and reasonable administrative costs in connection with any damage
or loss claim; (k) towing, roadside service, impound, storage, salvage, and recovery costs; and (l)
any other amounts owed by the Renter under this Agreement or arising from the Renter’s use of
the Vehicle. The Company will provide the Renter with an itemized statement of charges (other
than amounts authorized at booking or pickup) before charging the Payment Method and, for
damage, loss of use, towing, storage, recovery, and third-party fines, will provide reasonable
supporting documentation on request. If the Payment Method is declined, expired, or otherwise
unavailable, the Renter authorizes the Company to charge any other payment method the Renter
has provided and remains liable for all amounts owing. This authorization continues after the
return of the Vehicle and the termination of this Agreement for so long as any amount remains
owing. Nothing in this Section caps the Renter’s liability at the amounts charged to the Payment
Method or limits the Renter’s rights under the Business Practices and Consumer Protection Act
(British Columbia) or other applicable law

ARTICLE 6

PROHIBITED USE

The Renter must not use or permit the Vehicle to be used:

By any person other than an Authorized Driver;
To carry passengers or goods for compensation or hire (i.e., rideshare, taxi, delivery, or
commercial transportation services);
For racing, speed testing, off-road driving, or any motor sport activity;
While the driver is impaired by alcohol, drugs, or any other substance;
To tow or push any other vehicle, trailer, or object;
For any illegal purpose or in contravention of any applicable law, regulation, or statute;
In any jurisdiction outside British Columbia without the prior written consent of the
Company; for the avoidance of doubt, operation of the Vehicle in another Canadian
province or territory requires prior written consent of the Company, and operation of the
Vehicle in the United States requires both prior written consent of the Company and the
Renter obtaining any additional insurance or documentation required by applicable law to operate
the Vehicle outside Canada, including any US-required insurance documentation;
On unimproved roads, trails, or surfaces for which the Vehicle is not designed;
If the Vehicle displays any warning lights, mechanical defects, or unsafe conditions without
immediately notifying the Company; or
In a reckless or negligent manner.

Violation of any prohibited use provision voids all protections under this Agreement, renders the
Renter fully liable for all damages and claims, and may result in immediate termination of the
rental and repossession of the Vehicle.
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ARTICLE 7

ROADSIDE ASSISTANCE

The Company offers an optional Roadside Assistance add-on at $59 per rental (the “Roadside
Assistance Plan”). Where the Renter has purchased the Roadside Assistance Plan, the Company
will arrange and cover the cost of the following services during the Rental Period:

lockout assistance;
battery boost/jump-start;
flat tire assistance;
fuel delivery (service fee waived; fuel cost not included); and
standard local towing assistance.

Where the Renter has not purchased the Roadside Assistance Plan, the Renter is responsible for
all roadside service and towing charges incurred during the Rental Period. Typical towing and
roadside service charges in the Greater Vancouver area may range from approximately $120 to
$300 or more depending on vehicle type, location, time of day, accessibility, and towing distance.
Roadside Assistance does not cover: off-road recovery; accident recovery; tire replacement
costs; winching or extraction; misuse or negligent operation; lost or damaged key replacement
(unless separately covered); or any service arising from a violation of this Agreement or prohibited
use.

ARTICLE 8

CANCELLATION POLICY

Cancellations made more than 48 hours before the scheduled pickup time will receive a full refund
of any prepaid amounts.
Cancellations made between 24 and 48 hours before the scheduled pickup time will incur a
cancellation fee equal to one (1) day’s rental.
Cancellations made less than 24 hours before the scheduled pickup time, or no-shows, will incur
a cancellation fee equal to two (2) day’s rental.
The Company reserves the right to cancel a reservation in extraordinary circumstances, in which
case a full refund will be provided with no additional liability to the Company.

ARTICLE 9

INCIDENTS, DAMAGE, AND REPORTING

Section 9.1 Immediate Reporting.

The Renter must immediately notify the Company of any accident, collision, theft, vandalism, or
damage to the Vehicle, regardless of severity, by contacting the Company at (778) 513-5797. In
addition, in the case of any accident, theft, or vandalism the Renter must promptly report the
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incident to ICBC Dial-a-Claim at 1-800-910-4222 (or such other ICBC reporting number as may
be in effect from time to time). Failure to report promptly may increase the Renter’s liability.

Section 9.2 Police Report.

In British Columbia, the Renter must file a report with the police if the Vehicle is involved in a
collision resulting in damage estimated at more than $10,000, if anyone is injured, or if the Vehicle
is stolen. The Renter must provide the Company with a copy of any police or collision report within
24 hours of filing.

Section 9.3 ICBC Claims.

In the event of an insured loss, the Renter must cooperate fully with ICBC and any insurer in the
investigation and adjustment of any claim. The Renter must not admit liability, make any
settlement offer, or take any action that may prejudice the Company’s or ICBC’s rights without the
Company’s prior written consent.

Section 9.4 Damage Assessment.

The Company reserves the right to determine the cost of repairs based on professional estimates
obtained by the Company. Repair costs may include parts, labour, storage, and loss of use during
the repair period. An administrative fee may also apply. The Renter will be responsible for all such
costs to the extent not covered by insurance and as provided in Article 3 of this Agreement.

ARTICLE 10

VEHICLE RETURN

The Renter must return the Vehicle to the return location identified in during the booking process
on or before the return date and time. Return to an unauthorized location requires prior written
consent of the Company and may incur additional charges.
If the Renter fails to return the Vehicle by the end of the Rental Period and has not obtained an
authorized extension, the Company may:

Charge additional daily rental fees for each day the Vehicle remains unreturned;
Treat the failure to return as unauthorized use or conversion of the Vehicle; and
Report the Vehicle as stolen to the BC RCMP or local police and pursue all available legal
remedies.

The Renter is responsible for all costs incurred by the Company in recovering an unreturned
Vehicle, including towing, impound, storage, legal fees, and investigation costs.

ARTICLE 11

RELEASE AND INDEMNIFICATION

Section 11.1 Release.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT IN ALL CASES
TO THE EXCEPTIONS SET OUT BELOW, THE RENTER, FOR THEMSELVES AND ON
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BEHALF OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY
RELEASES AND FOREVER DISCHARGES THE COMPANY, PUGMARKS RENTALS LTD., ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, AND
ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS,
DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND OR
NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE
FOLLOWING, EXCEPT TO THE EXTENT CAUSED BY (i) THE GROSS NEGLIGENCE OR
WILFUL MISCONDUCT OF ANY OF THE RELEASED PARTIES, (ii) FRAUD OR FRAUDULENT
MISREPRESENTATION BY ANY OF THE RELEASED PARTIES, OR (iii) ANY LIABILITY THAT
CANNOT BE RELEASED OR LIMITED AS A MATTER OF LAW (INCLUDING UNDER THE
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT (BRITISH COLUMBIA)):

The Renter’s use or operation of the Vehicle during the Rental Period;
Any accident, collision, injury, death, or property damage occurring during the Rental
Period;
Any mechanical defect, failure, or malfunction of the Vehicle (except to the extent caused
by the Company’s gross negligence or wilful misconduct);
The Renter’s reliance on the Vehicle for any particular purpose;
Loss or damage to personal property left in or on the Vehicle; or
Any claim by a third party arising from the Renter’s use of the Vehicle.

Section 11.2 Indemnification.

The Renter shall indemnify, defend, and hold harmless the Released Parties from and against
any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses
(including reasonable legal fees and disbursements) asserted by any third party arising out of or
in connection with:

The Renter’s use, operation, or possession of the Vehicle during the Rental Period;
Any breach by the Renter of this Agreement;
Any violation of any applicable law by the Renter or any Authorized Driver;
Any unauthorized use of the Vehicle;
Any accident, collision, injury, or property damage caused by or involving the Vehicle
during the Rental Period; or
The Renter’s negligence or wilful misconduct.

Section 11.3 Limitation of Liability.

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NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE
FULLEST EXTENT PERMITTED BY LAW, BUT SUBJECT TO THE EXCEPTIONS SET OUT
BELOW, THE COMPANY’S TOTAL LIABILITY TO THE RENTER FOR ANY CLAIM ARISING
UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL
RENTAL CHARGES ACTUALLY PAID BY THE RENTER FOR THE RENTAL PERIOD IN
QUESTION. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS DO
NOT APPLY TO LIABILITY ARISING FROM (i) THE GROSS NEGLIGENCE OR WILFUL
MISCONDUCT OF ANY OF THE RELEASED PARTIES, (ii) FRAUD OR FRAUDULENT
MISREPRESENTATION BY ANY OF THE RELEASED PARTIES, OR (iii) ANY LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW, INCLUDING UNDER THE
BUSINESS PRACTICES AND CONSUMER PROTECTION ACT (BRITISH COLUMBIA).

Section 11.4 Personal Property.

The Company is not responsible for any personal property left in the Vehicle at any time, including
during or after the Rental Period. The Company will make reasonable efforts to contact the Renter
regarding any items found in the Vehicle but accepts no liability for loss, theft, or damage to
personal property.

ARTICLE 12

GENERAL PROVISIONS

Section 12.1 Entire Agreement.

This Agreement, together with the Booking Confirmation, Schedule B, the applicable rate
schedule, and any addenda accepted electronically or signed by the parties, constitutes the entire
agreement between the Company and the Renter with respect to the rental of the Vehicle and
supersedes all prior representations, negotiations, and understandings, whether oral or written.

Section 12.2 Amendment.

No amendment or modification to this Agreement shall be valid or binding unless made in writing
and accepted by both parties, including by electronic means.

Section 12.3 Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the Province
of British Columbia and the federal laws of Canada applicable therein. Subject to the mandatory
jurisdiction of the Civil Resolution Tribunal under the Civil Resolution Tribunal Act (BC) (which
includes, among other things, motor vehicle accident claims up to the prescribed monetary limit
and small claims up to the prescribed monetary limit), any dispute arising out of this Agreement
shall be subject to the exclusive jurisdiction of the courts of British Columbia.

Section 12.4 Privacy.

The Renter acknowledges that the Company collects, uses, and discloses personal information
about the Renter and any Authorized Driver (including name, date of birth, driver’s licence
information, address, telephone number, email address, payment card information, and
information about the use and operation of the Vehicle) for purposes related to the rental of the
Vehicle, including: (a) verifying identity and driving eligibility; (b) processing payments, deposits,
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and damage or other charges; (c) administering this Agreement and the rental relationship; (d)
investigating and adjusting claims; (e) complying with legal, regulatory, and insurance
requirements; and (f) collecting amounts owing. The Renter consents to the Company disclosing
such personal information, as reasonably required for the purposes set out above, to ICBC and
other insurers, law enforcement and government authorities, collection agencies and credit
reporting bureaus, and the Company’s professional advisors and service providers. The
Company’s collection, use, and disclosure of personal information is governed by the Personal
Information Protection Act (BC) and by the Company’s privacy policy, a copy of which is available
on request.

Section 12.5 GPS Tracking and Telematics.

Each Vehicle in the Company’s fleet is equipped with a GPS tracking device. The Renter
acknowledges that the Company may collect and retain location data, trip data, and related
telematics information (including vehicle location, speed, mileage, and operational data) from
each Vehicle during the Rental Period (“Telematics Data”). Telematics Data is collected for
purposes including fleet management, security, verification of vehicle use in connection with this
Agreement, and investigation of incidents or claims. The Renter acknowledges that Telematics
Data is collected automatically and that the Renter’s use of the Vehicle constitutes consent to
such collection. Telematics Data is collected, used, and retained in accordance with the
Company’s privacy policy and applicable BC privacy law.

Section 12.6 Severability.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable
law, such provision shall be deemed modified to the minimum extent necessary to make it
enforceable, and the remaining provisions shall continue in full force and effect.

Section 12.7 Waiver.

No waiver by the Company of any breach of this Agreement shall constitute a waiver of any other
or subsequent breach.

Section 12.8 Notice.

Any notice required under this Agreement shall be delivered in writing to the Company at:
Pugmarks Rentals Ltd., 108 - 13049 – 76th Avenue Surrey, B.C. V3W 2V7, or by email to
pugmarksrentals@gmail.com.

Section 12.9 Survival.

The provisions of Articles 5 (to the extent of any amounts owing), 7, 8, 9, and 10, and any other
provision that by its nature is intended to survive, shall survive the expiry or termination of this
Agreement and the return of the Vehicle.

Section 12.10 Assignment.

The Renter shall not assign this Agreement or any rights or obligations under it without the
Company’s prior written consent. The Company may assign this Agreement, or any of its rights
or obligations under this Agreement (including any amounts owing by the Renter), to any
successor, affiliate, lender, or third party without the Renter’s consent.
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Section 12.11 Force Majeure.

Neither party shall be liable for any failure or delay in performing its obligations under this
Agreement (other than the Renter’s payment obligations and obligations to return the Vehicle)
caused by events beyond its reasonable control, including without limitation wildfires, atmospheric
river events, flooding, severe weather, road or border closures, acts of governmental authority,
civil unrest, labour disruption, pandemic, or epidemic. The affected party shall notify the other
promptly and shall use commercially reasonable efforts to resume performance.

Section 12.12 Consumer Protection.

Nothing in this Agreement is intended to exclude or limit any right the Renter may have under the
Business Practices and Consumer Protection Act (BC) or any other mandatory consumer
protection legislation that cannot be waived by contract.

[Electronic Acceptance Page Follows]

ELECTRONIC ACCEPTANCE

SCHEDULE B – DAMAGE PROTECTION POLICY

1. SCHEDULE B – DAMAGE PROTECTION POLICY

Section 1.1 Application of This Schedule

This Schedule B forms part of the Vehicle Use Agreement between Pugmarks Rentals Ltd. (the
“Company”) and the Renter (the “Agreement”). Capitalized terms not defined in this Schedule
have the meanings given to them in the Agreement.
This Schedule applies only where the Renter has selected and paid for a Damage Waiver
identified in Booking confirmation before taking possession of the Vehicle.

Section 1.2 Damage Waiver Is Not Insurance

A Damage Waiver is not an insurance policy. It is a contractual limitation on the Renter’s
financial responsibility for certain covered physical damage to or theft of the Vehicle during the
Rental Period.
A Damage Waiver does not provide:

Third-party liability insurance;
Accident or personal injury benefits;
Coverage for personal property;
Coverage for any excluded loss; or
Coverage for amounts that are expressly stated in this Schedule or the Agreement to
remain the Renter’s responsibility.

Section 1.3 Available Damage Waivers

(a) (a) Minimum Damage Waiver

Where the Minimum Damage Waiver has been selected, the Renter’s responsibility for a
Covered Loss is limited to a deductible of $2,000 per incident, subject to the exclusions and
conditions contained in this Schedule and the Agreement.

(b) (b) Standard Damage Waiver

Where the Standard Damage Waiver has been selected, the Renter’s responsibility for a
Covered Loss is limited to a deductible of $500 per incident, subject to the exclusions and
conditions contained in this Schedule and the Agreement.
The applicable deductible represents a contractual damage-responsibility amount and not an
insurance deductible.

Section 1.4 Covered Loss

Subject to the exclusions and conditions in this Schedule, a “Covered Loss” means:

Accidental physical damage to the Vehicle occurring during the Rental Period;
Damage caused by a collision, vandalism, fire, weather event, falling object, or
attempted theft; or
Theft of the Vehicle during the Rental Period.

The Damage Waiver applies only to the reasonable cost of repairing or replacing the Vehicle as
a result of a Covered Loss.
The Renter’s responsibility will not exceed the reasonable cost of the Covered Loss.

Section 1.5 Exclusions

No Damage Waiver applies to damage, loss, theft, or expense arising from or connected with:

Operation of the Vehicle by anyone other than the Renter or an Additional Authorized
Driver;
Any unauthorized or prohibited use of the Vehicle;
Off-road driving, racing, speed testing, towing, commercial transportation, or use on a
surface for which the Vehicle was not designed;
Operation of the Vehicle while the driver is impaired by alcohol, drugs, medication, or
any other substance;
Wilful misconduct, deliberate damage, fraudulent conduct, recklessness, or grossly
negligent operation;
Violation of any term of the Agreement;
Any conduct that would void or invalidate the Mandatory Basic Coverage described in
Section 3.1 of the Agreement;
Failure to secure the Vehicle, failing to take reasonable precautions against theft;
Damage occurring before the beginning or after the expiry of the Rental Period;
Normal wear and tear, gradual deterioration, rust, corrosion, mechanical breakdown,
electrical failure, manufacturing defect, or maintenance-related damage not caused by a
Covered Loss;
Use of incorrect fuel or fluids, overloading, failure to stop operating the Vehicle after a
warning light or unsafe condition appears, or continued operation after damage has
occurred;
Any false, misleading, incomplete, or fraudulent information provided by the Renter in
connection with the rental or a damage claim.

Section 1.6 Costs Not Limited by the Damage Waiver

Unless expressly stated otherwise in writing, the Minimum and Standard Damage Waivers limit
only the Renter’s responsibility for the reasonable cost of repairing or replacing the Vehicle
following a Covered Loss.
The following amounts remain the Renter’s responsibility and are not included within the $2,000
or $500 deductible limit:

Traffic fines, tolls, parking violations, and related administrative fees;
Damage to or loss of personal property;
Third-party property damage or bodily injury liability exceeding or excluded from the
Mandatory Basic Coverage;
Costs arising from an excluded loss; and
Reasonable legal or collection costs.

The Company must not recover more than its actual reasonable loss and expenses.

Section 1.7 Assessment and Documentation

The Company may determine the cost of a loss using a professional repair estimate, repair
invoice, replacement invoice, valuation report, towing or storage invoice, or other reasonable
supporting documentation.
Before charging the Renter for an amount not authorized at booking or pickup, the Company will
provide an itemized statement describing the amount claimed and, on request, reasonable
supporting documentation.
The Company is not required to complete repairs before assessing the reasonable cost of
damage.

Section 1.8 Insurance and Other Recoveries

Any insurance held by the Renter may be used to pay amounts for which the Renter remains
responsible.
The Renter will receive credit for insurance proceeds, ICBC payments, third-party payments,
salvage proceeds, or other recoveries actually received by the Company for the same loss. The
Company will not obtain double recovery for the same damage or expense.
The Damage Waiver does not require the Company to pursue another person, insurer, or
recovery source before collecting an amount properly owed by the Renter.

Section 1.9 Extensions and Replacement Vehicles

A Damage Waiver applies only during the Rental Period stated in Booking confirmation.
Where the Rental Period is extended, the Damage Waiver will continue only if:

The extension is approved by the Company in writing; and
Any additional Damage Waiver charge is paid.

The Damage Waiver does not automatically apply to a replacement vehicle unless the Company
confirms its application in writing.

Section 1.10 Conflict With Agreement

If there is a conflict between this Schedule and another provision of the Agreement regarding
the scope or operation of a Damage Waiver, this Schedule will govern solely with respect to the
Damage Waiver.
All other provisions of the Agreement remain in effect.

Section 1.11 Renter Acknowledgement

By selecting a Damage Waiver, the Renter confirms that the Renter:

Has read and understood this Schedule;
Understands that the Damage Waiver is not insurance;
Understands the applicable deductible;
Understands the exclusions and reporting requirements in Article 9

END OF AGREEMENT

Pugmarks Rentals Ltd. • 108 - 13049 – 76th Avenue, Surrey, B.C. V3W 2V7