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3D"U-Haul"
=0DThis Agreement is between CRAIG ANDREWS (=E2=80=9CCustom= er=E2=80=9D) and U-Haul Co. Of Washington (=E2=80=9CCompany=E2=80= =9D). These terms and conditions and the terms and conditions of = the U-Haul Equipment Contract entered into by Customer, including= the U-Haul Arbitration Agreement, constitute the entire Agreemen= t (=E2=80=9Cthis Agreement=E2=80=9D) for the rental of that equip= ment identified on the U-Haul Equipment Contract (=E2=80=9CEquipm= ent=E2=80=9D). Where necessary, Equipment may be further specifie= d as =E2=80=9CU-Box Container,=E2=80=9D =E2=80=9CDolly,=E2=80=9D = =E2=80=9CU-Haul Vehicle=E2=80=9D (defined as a =E2=80=9CU-Haul Re= ntal Truck,=E2=80=9D =E2=80=9CPick Up Truck,=E2=80=9D and =E2=80=9C= Van=E2=80=9D), or =E2=80=9CTowable Equipment=E2=80=9D (defined as= a =E2=80=9CU-Haul Trailer,=E2=80=9D =E2=80=9CU-Box Trailer,=E2=80= =9D =E2=80=9CAuto Transport,=E2=80=9D and =E2=80=9CTow Dolly=E2=80= =9D), including all its parts. Customer agrees to all terms and c= onditions of this Agreement and agrees to ensure any Authorized D= river is aware of and complies with all terms and conditions of t= his Agreement.

  1. U-HAUL ARBITRATION AG= REEMENT

    CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS AGREEMEN= T IS SUBJECT TO THE U-HAUL ARBITRATION AGREEMENT, AVAILABLE AT AP= PENDIX =E2=80=9CA=E2=80=9D FOR CUSTOMERS IN THE UNITED STATES OR = AT APPENDIX =E2=80=9CB=E2=80=9D FOR CUSTOMERS IN CANADA TO THESE = TERMS AND AT UHAUL.COM/LEGAL/ARBITRATION, THAT GOVERNS A= NY DISPUTES BETWEEN CUSTOMER AND U-HAUL. THIS ARBITRATION AGREEME= NT WILL:

    • ELIMINATE CUST= OMER=E2=80=99S RIGHT TO A JURY TRIAL; AND
    • SUBSTANTIALLY A= FFECT CUSTOMER=E2=80=99S RIGHTS, INCLUDING PREVENTING CUSTOMER FR= OM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION OR CONSOLI= DATED PROCEEDINGS.

  2. EQUI= PMENT

    Customer and any Authorized Driver understa= nd and agree they do not own Equipment. No one other than Company= or its agent may transfer Equipment or any rights or obligations= under this Agreement. Any attempted transfer or sublease by anyo= ne other than Company is void. No one may service or repair Equip= ment without Company=E2=80=99s prior express approval. .

    <= strong>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY= MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY= KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARR= ANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY= IMPLIED WARRANTY OTHERWISE ARISING FROM COURSE OF DEALING OR USA= GE OF TRADE.

  3. AUTHORIZED DRIVERS<= /strong>

    =E2=80=9CAUTHORIZED DRIVER=E2=80=9D =E2=80=93 Any= driver listed on the U-Haul Equipment Contract as authorized by = Company to operate Equipment.

    =0D=0A=E2=80=9CUNAUTHORIZ= ED DRIVER=E2=80=9D =E2=80=93 Anyone NOT listed on the U-Haul Equi= pment Contract as an =E2=80=9CAuthorized Driver.=E2=80=9D
    =0DAuthorized Driver Qualification and Affirmation =E2=80=93 Aut= horized Drivers must be at least 18 years of age and possess a go= vernment issued Driver=E2=80=99s License, Driver=E2=80=99s Privil= ege Card, or other government issued driver=E2=80=99s card. Autho= rized Drivers affirm and warrant their Driver=E2=80=99s License, = Driver=E2=80=99s Privilege Card, or other government issued drive= r=E2=80=99s card is valid and not subject to any suspension, revo= cation, or other limitations that would prevent Authorized Driver= from legally operating Equipment. Customer and Authorized Driver= =E2=80=99s provision of accurate and truthful information is mate= rial to Company=E2=80=99s decision to enter into this Agreement. = A failure to comply with this Section is a Material Breach of thi= s Agreement.

    =0DCustomer and any Authorized Driver agree o= nly an individual listed on the U-Haul Equipment Contract as an A= uthorized Driver is authorized by Company to operate Equipment. C= ustomer and any Authorized Driver agree and affirm they have no a= uthority to permit any other individual to operate Equipment with= out the express written consent of Company. Customer and any Auth= orized Driver agree not to permit any individual not listed as an= Authorized Driver on the U-Haul Equipment Contract to operate Eq= uipment. The affirmation and agreement to comply with this Sectio= n is material to Company=E2=80=99s decision to enter into this Ag= reement. Failure to comply with this provision is a Material Brea= ch of this Agreement. If, during the rental period set forth in t= his Agreement, Customer wants to add a new Authorized Driver, Cus= tomer MUST first contact Company for approval before allowing tha= t individual to operate Equipment. The operation of Equipment by = any Unauthorized Driver shall constitute non-permissive use of Eq= uipment, is expressly prohibited by this Agreement, and may void = any coverage provided or purchased.

  4. USE OF= EQUIPMENT

    Customer represents and warrants their= rental of Equipment is for the sole purpose of Do-It-Yourself mo= ving. Customer agrees rental of Equipment with the intent to use = Equipment for a purpose other than Do-It-Yourself moving (or in a= manner prohibited by this Agreement) may be construed as fraudul= ent, constitute a Material Breach of this Agreement, and void any= coverage provided or purchased.

    Customer and any Authoriz= ed Driver shall:

    • R= equire passengers to ride only in the cab of the U-Haul Vehicle o= r Tow Vehicle towing any Towable Equipment;
    • Inspect Equip= ment periodically;
    • Be fully and solely responsible for co= mplying with any NHTSA and/or Transport Canada vehicle recall cov= ering a personal Tow Vehicle or Vehicle-in-Tow. Vehicle recalls c= an be found at safercar.gov and recalls-rappels.canada.ca; = and
    • Immediately report damaged, lost, or stolen Equipment= to Company and, if directed, to law enforcement, and fully coope= rate with efforts to recover Equipment.

    Customer and= any Authorized Driver shall not:
    • Operate Equipment in the commission of a felony o= r in an intentional, criminal, willful, wanton, or reckless manne= r;
    • Operate Equipment under the influence of alcohol, drug= s, intoxicants, or any other substance that can impair driving ab= ility (=E2=80=9CImpairing Substances=E2=80=9D);
    • Operate E= quipment when oil pressure/level is low or when any defect in the= operation or safety of Equipment has been noticed, including ill= uminated check engine or other dashboard warning lights;
    • = Store or transport any firearms; explosive, flammable, alcoholic,= toxic, hazardous, volatile, poisonous, venomous, dangerous, or i= llegal substances, chemicals, items, or waste; improperly sealed = or leaking containers containing any liquid or other slippery sub= stance; or animals or human beings, corpses, or body parts, regar= dless of how they are stored or transported;
    • Use Equipmen= t as a residential dwelling (as defined by law in the applicable = jurisdiction) or for residential purposes, including sleeping in = Equipment, using Equipment as living or napping quarters, congreg= ating with others in Equipment, or any other similar conduct cons= istent with using Equipment for residential purposes;
    • Tak= e Equipment into Mexico, including temporary border crossings;
    • Whether individually or on behalf of another, use, facilita= te, or support the use of Equipment or the U-HAUL=C2=AE trademark= , or the likeness of the same, in any television program, movie, = web site, social media, or other medium without the prior written= consent of a Company Officer;
    • Whether individually or on= behalf of another, allow, facilitate, or support the disassembly= or dismantling of Equipment or a component thereof; and
    • = Change the Tow Vehicle or Vehicle-in-Tow listed on this Agreement= without the prior written approval of Company or its agent.
      • =

    Company or its agent will reimburse Customer or any Auth= orized Driver for oil and other non-fuel fluids when proper recei= pts are presented.

    Customer understands and agrees Equipme= nt rented is water resistant and not waterproof.

    Customer = agrees Company reserves the right to substitute reserved Equipmen= t for other Equipment of equal or greater value at no additional = charge to Customer.

    For Towable Equipment rentals, Custome= r acknowledges Company utilizes a proprietary system for the dete= rmination of an approved towing combination hook-up. Customer ack= nowledges this hook-up may be inconsistent with the towing recomm= endations in their Tow Vehicle Owner=E2=80=99s Manual. Customer a= cknowledges their responsibility to provide true and correct vehi= cle and hitch system information at the time of their reservation= and rental. The failure to comply with the terms of this Section= may impact whether Company would approve the subject hook-up and= rental and is a Material Breach of this Agreement.

  5. U-HAUL USER INSTRUCTIONS

    Customer acknowled= ges and agrees they have received and are responsible for fully r= eading, understanding, and complying with applicable U-Haul User = Instructions and videos provided by Company before and while oper= ating Equipment, including instructions on attaching Towable Equi= pment to their Tow Vehicle. Customer acknowledges and agrees to p= rovide to and ensure all Authorized Drivers fully read, understan= d, and comply with applicable U-Haul User Instructions and videos= before and while operating Equipment. Customer=E2=80=99s agreeme= nt to do so is material to Company=E2=80=99s decision to enter in= to this Agreement. Customer agrees to assume full responsibility = for properly attaching Towable Equipment to their Tow Vehicle.

  6. EQUIPMENT RETURN; DISPOSAL OF CARGO=

    Customer is solely responsible to ensure return of Equipm= ent at the time, to the place, in the condition agreed to, within= the allowed mileage stated, and with the same amount of fuel as = shown and agreed to on the U-Haul Equipment Contract.

    IN-TOWN=C2=AE RENTALS. Customer understands and agre= es Equipment must be returned to the same dispatch location. Cust= omer understands and agrees the minimum rental charge for Equipme= nt returned to a different location is twice the amount of the cu= rrent one-way rate from the dispatch location to the actual drop-= off location.

    ONE-WAY RENTALS. Customer u= nderstands and agrees Equipment must be returned to one of the dr= op-off locations listed on the U-Haul Equipment Contract. If ther= e is no drop-off location listed, Customer is responsible for cal= ling the drop-off number listed to obtain a drop-off location.
    AFTER-HOURS RETURN. Customer understands an= d agrees Equipment returned after business hours must be checked = in using the U-Haul Mobile Application or at uhaul.com/share. Cus= tomer understands and agrees that failure to check in Equipment i= n this manner will result in a $20 convenience fee being charged.=

    Customer understands and agrees any operation of Equipmen= t outside of the time agreed and allowed mileage stated is withou= t Company=E2=80=99s consent and additional charges will be assess= ed (including applicable Damage Waiver, Safemove=C2=AE, Safetow=C2= =AE, and Safemove Plus=C2=AE fees). Customer agrees they are resp= onsible for any loss or damage to Equipment, including loss or da= mage caused by any Authorized Driver, and any remaining portion o= f their estimated charges will be applied toward the loss or dama= ge if Damage Waiver, Safemove=C2=AE, Safetow=C2=AE, or Safemove P= lus=C2=AE is not purchased. Customer=E2=80=99s failure to return = Equipment as herein agreed will result in Company incurring damag= es. Customer expressly authorizes Company or its agent to apply a= ny and all additional charges, including for lost rental revenue = and loss or damage, on the credit card used to create the reserva= tion or to pay for the rental. Customer understands and agrees fa= ilure to pay for loss or damage may result in Company or its agen= t reporting Customer to one or more credit reporting and/or colle= ction agencies.

    DISPOSAL OF CARGO. The fa= ilure to timely return Equipment as stated herein shall be a Mate= rial Breach of this Agreement and shall constitute theft, convers= ion, or another crime subject to applicable law. In the event Com= pany or its agent is required to recover Equipment, Company or it= s agent will provide Customer notice of the Material Breach at th= e contact information provided at the time of rental. Notice shal= l be provided by text, e-mail, and/or phone to all contact addres= ses or numbers provided. Upon Company=E2=80=99s or its agent=E2=80= =99s service of notice, Customer shall contact Company or its age= nt within 72 hours to make arrangements for removal of Cargo, if = any. If Customer does not contact Company or its agent within tha= t time, Customer understands and agrees Company or its agent will= dispose of all Cargo in a means and manner at Company=E2=80=99s = or its agent=E2=80=99s sole discretion and cost.

  7. <= strong>TOW TRUCKS/TOW COMPANIES

    In the event Equi= pment needs to be towed by a tow truck or towing company, Custome= r and any Authorized Driver agree to contact U-Haul Roadside Assi= stance through the U-Haul Mobile Application, uhaul.com/share, or= at 1-800-528-0355 for dispatch of a Company authorized tow vendo= r.=C2=A0Customer and any Authorized Driver agree and acknowledge = they have NO AUTHORITY to agree to have Equipment towed without C= ompany=E2=80=99s prior consent.=C2=A0FAILURE TO CONTACT COMPANY W= ILL RESULT IN CUSTOMER BEING CHARGED FOR ALL TOWING RELATED EXPEN= SES, INCLUDING LEGAL FEES AND COSTS.

  8. EDR/E= LECTRONIC DATA; GEOLOCATION

    Customer and any Auth= orized Driver acknowledge Equipment may be equipped with an Event= Data Recorder (=E2=80=9CEDR=E2=80=9D) or other recording device.= Company reserves the right to obtain any and all data from the E= DR or other recording device for any potentially data producing e= vent. Customer and any Authorized Driver provide express authoriz= ation and consent for Company or its agent to retrieve any availa= ble data from any EDR or other recording device from or in any pe= rsonal vehicle towing Towable Equipment in the event of an accide= nt or other potentially data producing event. Customer and any Au= thorized Driver further agree to cooperate fully with Company or = its agent and assist, as necessary, in the retrieval of the above= -described data.

    In the event of an accident, Customer and= any Authorized Driver agree to preserve any personal device, app= lication, device from an insurance or cell phone carrier, or any = other device that may record vehicle or other related data.
    Equipment in Customer=E2=80=99s possession may be equipped with= Location Tracking and/or OEM devices (such as OnStar=C2=AE). Loc= ation information may be accessed for the reasons set forth in th= e U-Haul Privacy Policy available at uhaul.com/Legal/PrivacyPolicy/.

  9. SEATBELT USE; DISTRACTED DRIVING; UNDER INFLUENCE OF IMP= AIRING SUBSTANCE

    Customer and any Authorized Driv= er agree not wearing a seatbelt, using a handheld device, and/or = being under the influence of an Impairing Substance while driving= is dangerous and in the event of a crash is likely to lead to se= rious injury or death. Customer and any Authorized Driver agree t= o wear a seatbelt, not use a handheld device, and not be under th= e influence of an Impairing Substance at all times while operatin= g Equipment. Customer and any Authorized Driver agree to ensure a= ll passengers are also wearing seatbelts. Failure to comply with = this Section is a Material Breach of this Agreement and may be ad= missible in any lawsuit or arbitration against Company or its age= nts.

  10. FINANCIAL RESPONSIBILITY; PAYMENTS; V= IOLATIONS

    Customer agrees to be fully responsible= to Company, or their affiliated entities and agents, for all cha= rges relating to the rental of Equipment that may be incurred by = Customer, any Authorized Driver, or any Unauthorized Driver that = Customer or any Authorized Driver allowed to operate Equipment, i= ncluding charges and fees for the rental, mileage, Equipment dama= ge, late or unreturned Equipment, Equipment returned to an incorr= ect location, late returns, cleaning, furniture pads and dollies,= missing Equipment, Violations (defined below), tolls or towing, = uncovered roadside assistance, and any additional charges.
    Customer agrees there is no refund for unused time or mileage. C= ustomer understands and agrees Company may hold any reimbursable = estimated charges for up to 10 days after the rental has been com= pleted.

    Payment for all estimated charges is due at the ti= me of rental by cash, credit card, or other method acceptable to = Company. Payment for additional charges is due at the completion = of the rental in the same manner. Customer agrees any charges tha= t cannot be determined or are not known to Company or an affiliat= ed entity at the completion of the rental are payable by Customer= immediately upon receipt of an itemized invoice. Customer shall = be responsible for any applicable federal, state, provincial, or = municipal compliance obligations, and pay any fees or taxes in co= njunction with the rental and/or use of Equipment.

    Custome= r expressly authorizes Company or its agent to apply any and all = charges on the credit card used to create the reservation or to p= ay for the rental. Customer may update their method of payment at= any time during the reservation process, dispatch process, or re= ntal period. Customer is solely responsible for updating their me= thod of payment, including any credit card information, by editin= g their information via the U-Haul Mobile Application, at uhaul.c= om/orders, or by contacting their local U-Haul representative.
    If Customer=E2=80=99s check is returned unpaid due to insuff= icient or uncollected funds, Company may resubmit the check to th= e issuing bank electronically. Customer=E2=80=99s check will not = be provided to Customer with Customer=E2=80=99s bank statement; h= owever, a copy can be retrieved. Also, Company may have the retur= ned check service fee processed electronically against Customer=E2= =80=99s account.

    LATE PAYMENT FEE. Failur= e to pay additional charges within 7 calendar days from completio= n of the rental is subject to a $30 Late Payment Fee for addition= al charges up to $500 or 6% of the additional charges if more tha= n $500 is owed. Customer understands and agrees that failure to p= ay all amounts owed may result in Company or its agent reporting = Customer to one or more credit reporting and/or collection agenci= es. Furthermore, Company reserves the right to initiate collectio= ns proceedings for any unpaid balance and to add any and all coll= ections fees, including court costs, attorneys=E2=80=99 fees, lat= e fees, and other costs associated with obtaining a judgment with= respect to the amount owed.

    VIOLATIONS. = Customer agrees to park only where legally permitted. If Customer= or any Authorized Driver incur any citation or parking, moving, = towing, or toll violation (=E2=80=9CViolation=E2=80=9D) in connec= tion with the rental or use of Equipment, Customer acknowledges a= nd agrees Customer is financially responsible for all fines, char= ges, fees, penalties, and surcharges (including toll surcharges a= nd towing, storage, and related fees) associated with the Violati= on, notwithstanding the Violation may not have been issued direct= ly to Customer or any Authorized Driver. If the Violation is not = issued directly to Customer or any Authorized Driver and the issu= ing authority allows for the transfer of liability of a Violation= to Customer, Customer expressly authorizes Company or its agent = to release Customer information to that authority for the purpose= s of transferring the Violation to Customer. If the issuing autho= rity does not allow for the transfer of the Violation to Customer= , or Company or its agent is unable to successfully transfer the = Violation to Customer, then Company or its agent will pay all fin= es, charges, fines, penalties, and surcharges and recover those a= mounts from Customer. Customer agrees they may be charged a servi= ce fee of up to $30.00 (in addition to any fines, charges, fees, = penalties, and surcharges associated with the Violation) as a res= ult of any Violation paid by Company or its agent. Customer agree= s any amounts paid by, or on behalf of, Company for the Violation= shall be applied to the credit card used to create the reservati= on or to pay for the rental.

  11. LIABILITY PRO= TECTION

    To the extent Customer or any Authorized = Driver does not have personal automobile liability insurance (=E2= =80=9CPAP Insurance=E2=80=9D) that applies or where Company is re= quired to provide minimum liability insurance by law, a qualified= self-insurance arrangement (or automobile liability insurance po= licy in Michigan, Alaska, and Hawaii) provides any Authorized Dri= ver with the minimum limits required by the automobile financial = responsibility or compulsory insurance law of the jurisdiction in= which an accident occurs (=E2=80=9CMFR=E2=80=9D). Subject to app= licable law, the protection provided by Company is excess or seco= ndary to any insurance coverage of Customer or any Authorized Dri= ver. If the liability protection provided under this Agreement an= d other insurance available to Customer or any Authorized Driver = apply to a loss on the same basis, Company will pay only Company=E2= =80=99s share. Company=E2=80=99s share is the proportion that the= limit of protection provided under this Agreement bears to the t= otal limit of all coverage applicable to such loss. To the extent= permitted by applicable law, Company=E2=80=99s protection does n= ot apply to bodily injury (including death) or property damage to= Customer or any Authorized Driver; Customer=E2=80=99s or any Aut= horized Driver=E2=80=99s family members related by blood, marriag= e, or adoption who reside with Customer or Authorized Driver; any= other person who resides with Customer or Authorized Driver; or = any passenger riding in Equipment.

    Customer and any Author= ized Driver understand and agree this protection does not apply t= o any: intentional torts or criminal acts; false or fraudulent cl= aims; obligation assumed by Customer or any Authorized Driver und= er any contract; fines, penalties, punitive damages, or exemplary= damages which Customer or any Authorized Driver may become legal= ly obligated to pay; injury to or destruction of personal propert= y owned by or in the possession, custody, or control of Customer,= any Authorized Driver, or passengers; liability of a driver who = is not an Authorized Driver; and liability for an accident which = occurs while Equipment is obtained or used in violation of this A= greement, including while under the influence of an Impairing Sub= stance. In the event the liability protection is extended by oper= ation of law to anyone who is not an Authorized Driver, the limit= s of protection shall be the MFR. This liability protection will = apply on the same basis as described above. Customer and any Auth= orized Driver understand and agree this protection does not apply= to any act or omission in Mexico.

    Any protection provided= in this Section is limited to the duration of the rental as set = forth in the U-Haul Equipment Contract entered into by Customer o= r as extended by Company or its agent. Customer and any Authorize= d Driver understand and agree Company only provides indemnificati= on up to the limits of coverage set forth above, and Customer and= any Authorized Driver maintain all responsibility to satisfy any= judgment, payment, loss, liability, claim, demand, cause of acti= on, attorney=E2=80=99s fees, or other expense of any kind above t= he coverage provided by Company and/or when Company has satisfied= their obligations under the coverage. Customer agrees to indemni= fy and hold Company, its agents, employees, parents, and affiliat= es harmless from and against any and all loss, liability, claim, = demand, cause of action, attorney=E2=80=99s fees, and expense of = any kind in excess of the limits stated herein or beyond the scop= e of the protection provided for herein, if any, arising from the= use or possession of Equipment by Customer or any Authorized Dri= ver, including attorney=E2=80=99s fees incurred by Company to enf= orce any of its rights hereunder.=0D=0A
    Customer agrees if the= Equipment becomes damaged, lost, or stolen, Customer is obligate= d to immediately report the same to Company and, if directed, to = law enforcement, and must fully cooperate with Company=E2=80=99s = and law enforcement=E2=80=99s efforts to recover Equipment. To th= e extent permitted by law, failure to timely report an incident o= f theft or suspected theft may result in voiding coverage, and Cu= stomer may be held personally responsible for the loss of the Equ= ipment and/or any potential injuries or property damage that resu= lt from any non-permissive use.

    Customer and any Authoriz= ed Driver understand and agree the protection above does not appl= y to any rental of Towable Equipment, subject to applicable law.<= /p>

  12. COMPANY=E2=80=99S RIGHT TO DEFEND=

    To the extent permitted by applicable law, Company has no= duty to defend Customer or any Authorized Driver in any claim or= lawsuit arising out of the use of Equipment. Customer and any Au= thorized Driver understand and agree that if a claim is made or a= lawsuit is filed under this Agreement, and if no other source of= defense is available to Customer or any Authorized Driver, Compa= ny may defend the claim or lawsuit at its sole discretion. Howeve= r, Company has no duty to defend lawsuits not covered by liabilit= y protection provided by Company or included with the purchase of= Safemove Plus. In addition, Company has no duty to defend Custom= er or any Authorized Driver in any claim or lawsuit arising out o= f any acts prohibited by this Agreement. In defending the claim o= r lawsuit, Company may, at its sole discretion, make any settleme= nts which Company considers advisable. Company has a right, but n= ot a duty, to defend a claim or lawsuit at its sole discretion. C= ompany has the exclusive right to hire, retain, and direct its co= unsel of choice, if and when Company defends a claim or lawsuit h= ereunder. Subject to applicable law, Company=E2=80=99s duty to se= ttle or defend ends when the limit of indemnity applicable to the= loss giving rise to the claim or lawsuit has been exhausted.

    =

  13. DUTY TO COOPERATE

    In the even= t of an accident or service of a lawsuit, Customer and any Author= ized Driver are required to provide notice of the accident or ser= vice of a lawsuit as soon as possible to Repwest Insurance Compan= y at uhaulclaims.com (U.S. and Ca= nada) or 1-800-528-7134 (U.S.) / 1-800-661-1069 (Canada). Custome= r and any Authorized Driver must provide all relevant and request= ed accident-related information and documentation. Failure to pro= vide prompt notice may prejudice Company and, subject to applicab= le law, void any coverage available.

    Customer and any Auth= orized Driver agree to fully cooperate with Company in investigat= ing and defending any claim or lawsuit. Customer and any Authoriz= ed Driver agree to produce relevant documents as requested, inclu= ding cell phone records and data. The failure to cooperate will r= esult in appreciable prejudice to Company and, subject to applica= ble law, will void any protection provided herein. In the event o= f an accident, Customer and any Authorized Driver agree to provid= e Company with the name of their PAP Insurance company or any oth= er insurance that provides auto liability coverage, fully coopera= te with Company in the presentation of claims and in any other as= pect of the claims process, and report the accident to Customer=E2= =80=99s and any Authorized Driver=E2=80=99s PAP Insurance company= or any other insurance that provides auto liability coverage.
    Customer and any Authorized Driver shall, as often as may re= asonably be required, present to any Company designee, including = Company=E2=80=99s chosen attorney(s), for an examination under oa= th (=E2=80=9CEUO=E2=80=9D) to assist in the investigation and tim= ely disposition of Customer=E2=80=99s, Authorized Driver=E2=80=99= s, and/or potential third-party claim(s). Customer and any Author= ized Driver agree EUOs may be recorded by audio and/or video and = to review and execute the transcript of any EUO. Presentation for= the requested EUOs is material to the decision to enter into thi= s Agreement, and failure to comply may void any coverage hereunde= r.

    Customer and Authorized Driver agree that if Equipment = is involved in a collision, involved with or causes injuries to a= person or damage to property, or lost or stolen, they have a con= tinuing duty to provide any changes to their contact information = until Company or its agents provide them with written notice that= no further cooperation is required. Customer and Authorized Driv= er agree failure to provide updated contact information is prejud= icial to Company, may void coverage and protections hereunder, an= d could subject Customer and Authorized Driver to personal liabil= ity. Customer and Authorized Driver further agree to indemnify Co= mpany for any loss or judgment it may become subject to as a resu= lt of their failure to appear or their default involving any civi= l action or other legal proceeding in which Company has reasonabl= y sought their cooperation in connection with its duty to defend = the Customer or Authorized Driver.

  14. NO-FAUL= T BENEFITS & UNINSURED/UNDERINSURED MOTORIST PROTECTION<= br>
    COMPANY DOES NOT PROVIDE NO-FAULT BENEFIT= S, SUPPLEMENTAL NO-FAULT BENEFITS, PERSONAL INJURY PROTECTION, UN= INSURED/UNDERINSURED MOTORIST (=E2=80=9CUM/UIM=E2=80=9D) PROTECTI= ON, OR OTHER INSURANCE, COVERAGE, OR PROTECTION THAT IS OPTIONAL = OR CAN BE WAIVED OR REJECTED. CUSTOMER AND ANY AUTHORIZED DRIVER = SPECIFICALLY WAIVE AND REJECT ALL SUCH BENEFITS, PROTECTION, COVE= RAGE, AND INSURANCE.

    TO THE EXTENT APPLICABLE LAW REQUIRES= COMPANY PROVIDE NO-FAULT OR UM/UIM PROTECTION BENEFITS, COMPANY = PROVIDES NO-FAULT AND/OR UM/UIM PROTECTION TO ANY AUTHORIZED DRIV= ER AND PASSENGERS, LIMITED AS FOLLOWS: COMPANY=E2=80=99S NO-FAULT= AND/OR UM/UIM PROTECTION DOES NOT APPLY UNTIL AFTER EXHAUSTION O= F ALL OTHER NO-FAULT INSURANCE AND/OR OTHER PROTECTION AVAILABLE = TO ANY AUTHORIZED DRIVER OR PASSENGER(S) (NO-FAULT, SUPPLEMENTAL = NO-FAULT, PERSONAL INJURY PROTECTION, EMPLOYER=E2=80=99S INSURANC= E, AND/OR ANY OTHER PROTECTION OR INDEMNIFICATION, WHETHER PRIMAR= Y, EXCESS, OR CONCURRENT), AND THEN COMPANY=E2=80=99S PROTECTION = APPLIES TO THE EXTENT IT IS NEEDED TO MEET, ON A CUMULATIVE BASIS= WITH ALL SUCH OTHER INSURANCE AND/OR PROTECTION AVAILABLE TO ANY= AUTHORIZED DRIVER OR PASSENGER(S), THE MINIMUM BENEFITS REQUIRED= BY APPLICABLE LAW. TO THE EXTENT APPLICABLE LAW REQUIRES COMPANY= PROVIDE NO-FAULT OR UM/UIM PROTECTION BENEFITS OTHER THAN AS DES= CRIBED ABOVE, THEY WILL NOT EXCEED THE MINIMUM BENEFITS REQUIRED = BY SUCH LAW. IN THE EVENT OF COVERAGE, CUSTOMER=E2=80=99S AND ANY= AUTHORIZED DRIVER=E2=80=99S DUTY TO COOPERATE AND THE OBLIGATION= S SET FORTH IN SECTION 13 =E2=80=9CDUTY TO COOPERATE=E2=80=9D APP= LIES.

  15. DAMAGE WAIVER =E2=80=93 THIS IS NOT = INSURANCE. THIS IS OPTIONAL.

    Customer acknowledges= and agrees they are responsible for the total amount of Damages = to Equipment. Subject to applicable law, =E2=80=9CDamages=E2=80=9D= includes: A) any and all damage (including collision with an ove= rhead object such as overhangs, trees, overpasses, garages, parki= ng structures, and bridges) or loss related to Equipment up to it= s full replacement value; B) applicable towing, storage, and impo= und fees; C) applicable administrative fees; and D) loss of renta= l revenue. HOWEVER, in return for purchasing Damage Waiver and su= bject to the deductibles listed below, Company will waive Damages= to applicable Equipment resulting from collision (=E2=80=9Ccolli= sion=E2=80=9D is specifically subject to the exclusions listed be= low), upset, overturn, or fire. Damage Waiver is only available w= ith a rental of 1) Towable Equipment with the purchase of Safetow= Protection; 2) U-Haul Vehicles with the purchase of Safemove Pro= tection; 3) Vans or Pick Up Trucks in Canada; and 4) Auto-Transpo= rt, Tow Dolly, or Motorcycle Trailer in Virginia.

    The foll= owing deductibles shall apply to Damage Waiver:

    <= tbody>
    Damage DecutibleOverhead Damage Deduc= tible
    Vans & Pick Up Trucks =E2=80=93 All U.S. States= & Canada$150$250
    U-Haul Renta= l Trucks/Towable Equipment =E2=80=93 All U.S. States & Canada Exc= ept New York$0$250
    U-Haul Rent= al Trucks/Towable Equipment =E2=80=93 New York Only$150<= /td>$250
    U-Haul Rental Trucks with Safemove = Plus$0$0

    EX= CLUSIONS: Even if the applicable fee has been paid and s= ubject to any limitations imposed by applicable law, Damage Waive= r specifically excludes and does NOT apply to Damages resulting f= rom: i) intentional, criminal, willful, wanton, or reckless acts;= ii) misuse or abuse; iii) off-road use; iv) any damage resulting= from improper fuel; v) overload of Equipment beyond the GVWR or = GAWR; vi) improper loading or failure to secure a load; vii) use = of Equipment by someone other than an Authorized Driver; and viii= ) any failures to comply with the terms of this Agreement.
    CUSTOMERS THAT CHOOSE NOT TO PURCHASE DAMAGE WAIVER OR SAFEMOVE,= SAFETOW, OR SAFEMOVE PLUS PROTECTIONS ARE RESPONSIBLE FOR ALL DA= MAGES TO EQUIPMENT, INCLUDING AND UP TO ITS FULL REPLACEMENT VALU= E.

    NOTICE: In the event of Damage Waiver = coverage, Customer=E2=80=99s and any Authorized Driver=E2=80=99s = duty to cooperate and the obligations set forth in Section 13 =E2= =80=9CDuty to Cooperate=E2=80=9D apply.

  16. SA= FEMOVE and SAFETOW PROTECTIONS

    These protections = are NOT LIABILITY INSURANCE. Where available, these protections a= re OPTIONAL AND APPLY ONLY TO CARGO AND MEDICAL AND LIFE PROTECTI= ON in the following Equipment: U-Haul Rental Truck (Safemove Prot= ection) and Towable Equipment (Safetow Protection). Damage Waiver= is included with the purchase of Safemove and Safetow Protection= s. Purchasing this coverage may duplicate coverage provided by Cu= stomer=E2=80=99s or Authorized Driver=E2=80=99s Personal Auto, Re= nters, or Homeowners policies. Company and its employees are not = qualified to evaluate any other insurance Customer or Authorized = Driver may have. Company may retain a portion of the premium paid= depending on the State or Province.

    DEFINITIONS: =

    Accident: An occurrence involvi= ng Equipment operating on a highway or other recognized roadway, = parking lot, or driveway resulting in bodily injury to a person o= r property damage as a result of a collision, fire, or overturn o= f Equipment. The term Accident does not include an occurrence inv= olving only getting in or out of Equipment or only the loading or= unloading of Cargo or Vehicle-in-Tow.

    Cargo: Personal property transported in Equipment.

    D= uring Transportation: The time from when Cargo is loaded= into or on Equipment at the point of origin until it is unloaded= at the final destination.

    Tow Vehicle: A= ny land motor vehicle designed for use principally upon public ro= ads used to tow Towable Equipment.

    Vehicle-in-Tow:= That land motor vehicle designed for use principally up= on public roads which is attached to covered Towable Equipment an= d the Tow Vehicle.

    SAFEMOVE CARGO PROTECTION AND L= IMITS: Safemove Protection covers damage to Cargo During= Transportation and resulting from collision, fire, and overturn = of a U-Haul Vehicle with the following limits:

    <= tbody>=
    Protection L= imits: Truck<= /u>
    One-way Rental$25,000
    In-Town=C2=AE Rental$15,000
    Deducti= ble$100
    SAFEMOVE CARGO = PROTECTION EXCLUSIONS: For a complete list of exclusions= , please refer to the certificate of insurance available at repwest.com/products.

    SAFETOW CARGO PROTECTION AND LIMITS:     Safetow Protect= ion provides protection for the Vehicle-in-Tow* and Cargo in the = Towable Equipment During Transportation. There is no protection f= or the Tow Vehicle. Safetow Protection provides up to a limit of = $20,000 (depending on the amount of protection purchased) for dam= age or loss that occurs to the Vehicle-in-Tow when towed with a U= -Haul Trailer, Auto Transport, or Tow Dolly. There is a $100 dedu= ctible per occurrence.

    *The Vehicle-in-Tow is not covered = by Safetow Protection in the State of Virginia.

    SA= FETOW CARGO PROTECTION EXCLUSIONS: For a complete list o= f exclusions, please refer to the certificate of insurance availa= ble at repwest.com/products.=

    SAFEMOVE AND SAFETOW VALUATION OF CARGO: In the event of loss, the value of Cargo, including sentimental,= irreplaceable, or other items of intrinsic value, will be determ= ined as of the time of loss and will be the least of the followin= g amounts:

    1. The = actual cash value of Cargo;
    2. The cost of reasonably restor= ing Cargo to its condition immediately before loss; or
    3. Th= e cost of replacing Cargo with property of like kind and quality.=

    SAFEMOVE AND SAFETOW MEDICAL AND LIFE PROTE= CTION LIMITS: Customer, Authorized Driver, and passenger= s are provided with the following medical and life protection lim= its as a result of an Accident.

    Protection Limits: Safemove ProtectionSafetow Protection
    Customer/Lessee = Loss of Life$25,000$10,000
    Aut= horized Driver/Passenger Loss of Life$15,000$5,= 000
    Medical$1,000$500
    SAFEMOVE AND SAFETOW MEDICAL AND LIFE PR= OTECTION EXCLUSIONS: There is no protection for death or= injury resulting from: natural causes or underlying health condi= tions; persons riding outside the cab of the U-Haul Vehicle or pa= ssenger compartment of the Tow Vehicle; Impairing Substances; int= entional, criminal, willful, wanton, or reckless acts; racing of = any type; or if there is no valid or current U-Haul Equipment Con= tract. All Exclusions in Section 15 =E2=80=9CDamage Waiver=E2=80=9D= apply to these Protections.

  17. SAFEMOVE PLUS PRO= TECTION (=E2=80=9CSAFEMOVE PLUS=E2=80=9D)

    Safemov= e Plus is INSURANCE. Where available, Safemove Plus is OPTIONAL a= nd only available for eligible Equipment. Safemove Plus includes = third-party supplemental automobile liability protection up to $1= Million inclusive of the MFR. The protection afforded by Safemov= e Plus pays first before Customer=E2=80=99s own auto policies. Sa= femove Plus includes all protections provided by and exclusions t= o Safemove Protection and Damage Waiver. There is a $0 deductible= for any accidental damage to U-Haul Vehicles including collision= with an overhead object. Customer and any Authorized Driver agre= e to all the benefits, exclusions, and terms and conditions as se= t forth herein and in the applicable policies which are available= at repwest.com/products. Purchasing this coverage may duplicate = coverage provided by Customer=E2=80=99s or Authorized Driver=E2=80= =99s Personal Auto, Renters, or Homeowners policies. Company and = its employees are not qualified to evaluate any other insurance C= ustomer or Authorized Driver may have. Company may retain a porti= on of the premium paid depending on the State or Province.
    Customer agrees oral representations or agreements concerning su= pplemental insurance are not enforceable. To the extent Customer = seeks to purchase supplemental insurance coverage, Customer has a= duty to verify the supplemental insurance sought is included on = the U-Haul Equipment Contract before taking possession of the Equ= ipment.

    DUTY TO COOPERATE: Customer=E2=80= =99s and any Authorized Driver=E2=80=99s duty to cooperate is set= forth in Section 13 above, applies to Safemove Plus, and is mate= rial to the decision to provide Safemove Plus.

    COM= PANY RIGHT TO DEFEND: Company=E2=80=99s duty to defend i= s set forth in Section 12 above and applies to Safemove Plus.
    =
    NO-FAULT BENEFITS: No-fault benefits, if any= , are set forth in Section 14 above and apply to Safemove Plus.
    UM/UIM PROTECTION: UM/UIM protection benef= its, if any, are set forth in Section 14 above and apply to Safem= ove Plus.

    INFORMATION PROVIDED TO COMPANY: In order for Customer to rent Equipment from Company, Customer = acknowledges Customer and any Authorized Driver are only using Eq= uipment for Do-it-Yourself moving, and Customer=E2=80=99s and any= Authorized Driver=E2=80=99s agreement to do so is material to th= e decision to provide Safemove Plus. Customer=E2=80=99s or any Au= thorized Driver=E2=80=99s failure to use Equipment solely for Do-= it-Yourself moving is a Material Breach and may void any coverage= and protection.

    Customer may be asked to provide certain = required information and answer certain questions. The informatio= n and answers, and Customer providing honest and truthful informa= tion, is material to the decision to provide Safemove Plus. Custo= mer=E2=80=99s failure to provide honest and truthful information = is a Material Breach and may void any coverage and protection.

  18. PRIVACY POLICY; WEBSITE TERMS AND CONDITIONS=

    Customer agrees to the Privacy Policy, available= at uhaul.com/Legal/Pr= ivacyPolicy, and to all applicable terms and conditions when = using uhaul.com, any affiliated U-Haul = website, or the U-Haul mobile application. For the purposes refer= enced in the Privacy Policy and for the services being provided b= y Company, Customer and any Authorized Driver expressly consent t= o providing information, including Driver=E2=80=99s License infor= mation, contact information, and biometric data.

    Company u= tilizes facial recognition technology to identify Customer from t= he headshot photo provided by Customer. Use of this program and u= ploading these photos grants Company explicit consent to the use = of this information for this purpose. Company will never sell thi= s information nor use it for purposes other than to prevent fraud= and protect Company and the public against the misuse of Equipme= nt.

  19. INDEMNIFICATION; LIMITATION OF LIABILI= TY

    CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HAR= MLESS COMPANY, ITS PARENTS, AFFILIATES, AND EMPLOYEES AGAINST ANY= AND ALL LIABILITY, CLAIMS, LAWSUITS, LOSSES, EXPENSES, AND DAMAG= ES OF ANY KIND OR DESCRIPTION (INCLUDING REASONABLE ATTORNEY=E2=80= =99S FEES) RESULTING FROM CUSTOMER=E2=80=99S AND ANY AUTHORIZED D= RIVER=E2=80=99S INTENTIONAL OR CRIMINAL ACTS OR FROM ANY VIOLATIO= N OF THIS AGREEMENT. THIS PROVISION IS NOT INTENDED TO REQUEST IN= DEMNIFICATION FOR THE NEGLIGENCE, IF ANY, OF COMPANY.

    CUST= OMER AND ANY AUTHORIZED DRIVER AGREE NOT TO HOLD COMPANY LIABLE F= OR DOWNTIME, MATERIALS, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGE= S RESULTING FROM THE USE OF EQUIPMENT, INCLUDING FAILURE OF EQUIP= MENT TO OPERATE PROPERLY.

    CUSTOMER AND ANY AUTHORIZED DRIV= ER UNDERSTAND AND AGREE COMPANY IS NOT A BAILEE OF CARGO AND COMP= ANY DOES NOT ACCEPT CONTROL, CUSTODY, OR RESPONSIBILITY FOR THE C= ARE OF CARGO.

  20. MATERIAL REPRESENTATIONS; MA= TERIAL BREACH

    Customer agrees all the information= provided to Company for the purposes of this Agreement is true a= nd correct, and any misrepresentation is a Material Breach of thi= s Agreement and may void any coverage provided or purchased.
    <= br>Customer agrees that if Company or an affiliated entity obtain= s information A) of a Material Breach of this Agreement by Custom= er or any Authorized Driver; B) that Equipment is being used in v= iolation of this Agreement; or C) that Equipment is being used in= a manner that could reasonably impact the safety of Customer, an= y Authorized Driver, or the public, Company or its agent has the = right to immediately terminate this Agreement, Customer=E2=80=99s= U-Haul Equipment Contract, and/or provide other Equipment (which= may be at Customer=E2=80=99s expense).

  21. MO= DIFICATIONS TO THIS AGREEMENT

    This Agreement may = NOT be changed or altered by Customer except in a writing signed = by a Company Officer. Company reserves the right to modify this A= greement at any time in its discretion.

  22. NO= TICE; CONSENT TO COMMUNICATIONS

    Customer authoriz= es Company, its affiliates, and its agents to contact Customer re= garding this Agreement at any provided email address or phone num= ber (including by text message). Customer acknowledges text messa= ging charges may apply. Customer is responsible for providing Com= pany with accurate contact information at all times. Customer may= update their contact information through the U-Haul Mobile Appli= cation, at uhaul.com/orders, or = by contacting their U-Haul rental location. Customer may unsubscr= ibe to non-transaction specific texts or emails by following the = instructions communicated in the message.

  23. = ELECTRONIC SIGNATURE & RECORDS

    Customer hereby co= nsents to the use of electronic signatures in connection with the= execution of this Agreement, and acknowledges and agrees the use= of electronic signatures (such as DocuSign) and electronic recor= ds (including any contract or other record created, generated, se= nt, communicated, received, or stored by electronic means) shall = have the same legal effect, validity, and enforceability as a han= dwritten signature (or =E2=80=9Cwet ink=E2=80=9D signature) or us= e of a paper-based record-keeping system to the fullest extent pe= rmitted by applicable law.

  24. FORCE MAJEURE

    Company shall not be liable for delay, loss, damag= e, or any failure to perform under this Agreement where such fail= ure results from any cause beyond Company=E2=80=99s and/or its af= filiated entity=E2=80=99s or agent=E2=80=99s reasonable control, = including any of the following force majeure conditions: flood, f= ire, earthquake, volcanic activity or severe or other adverse wea= ther event; pandemic; vandalism; accidents; sabotage; power failu= re or blackout; denial of service attacks or similar attacks; exp= losion; Internet failure; acts of God and the public enemy; acts = of war; acts of terrorism; riots; civil or public disturbances; s= trikes, lock-outs or labor disruptions; embargo; and any laws, or= ders, rules, regulations, acts or restraints of any government or= governmental body or authority, civil or military, including the= orders and judgments of courts, provided=C2=A0that Company, or i= ts affiliated U-Haul entity or agent, shall as soon as reasonably= practical (A)=C2=A0notify Customer in writing at the contact inf= ormation provided on the Rental Contract of the existence of the = Force Majeure, (B)=C2=A0exercise all reasonable efforts necessary= to minimize delay caused by such Force Majeure, and (C) resume p= erformance of its obligations hereunder as soon as practicable th= ereafter.

  25. BINDING EFFECT

    T= his Agreement will be binding on and inure to the benefit of the = parties and their respective heirs, personal representatives, suc= cessors, transferees and assigns.

  26. SEVERABI= LITY

    If any portion of this Agreement is deemed u= nenforceable by a court of competent jurisdiction, the remainder = will remain enforceable.

APPENDIX A


U-Haul Arbitration Agreement (=E2=80=9CAgreement=E2=80= =9D)


PLEASE READ CAREFULLY. THIS MA= NDATORY AGREEMENT AFFECTS YOUR RIGHTS. BY ENGAGING IN A =E2=80=9C= TRANSACTION,=E2=80=9D =E2=80=9CYOU=E2=80=9D AND =E2=80=9CU-HAUL=E2= =80=9D VOLUNTARILY AND KNOWINGLY ENTER INTO THIS AGREEMENT WHICH = WAIVES YOUR RIGHT TO SUE AND BRING CLAIMS IN COURT, OTHER THAN AS= STATED BELOW, OR HAVE A JURY RESOLVE ANY DISPUTE:
  • Except as expressly provided in this Agreement, =E2=80=9CCl= aims=E2=80=9D shall not be pursued in court (except =E2=80=9CSmal= l Claims=E2=80=9D as defined below), but shall be decided by bind= ing arbitration administered by either the National Arbitration a= nd Mediation (=E2=80=9CNAM=E2=80=9D) in accordance with its NAM C= omprehensive Dispute Resolution Rules and Procedures and Suppleme= ntal Rules for Mass Arbitrations (https://www.namadr.com/resources/= rules-fees-forms/) or the American Arbitration Association (=E2= =80=9CAAA=E2=80=9D) in accordance with its AAA Consumer Arbitrati= on Rules (http://www.adr.= org/consumer), and judgment on the award rendered by the arbi= trator may be entered in any court having jurisdiction thereof.
  • For purposes of this Agreement, the following definiti= ons shall apply:
    1. "Claims=E2=80=9D is broadly interpreted to include = any dispute, complaint, controversy, or cause of action arising o= ut of or relating to your relationship with U-Haul or any prior, = current or future Transaction with U-Haul. All claims, including = assigned claims, brought under any legal theory, whether at law o= r in equity, are covered by this Agreement and shall include, but= not be limited to, all statutory and tort claims, that may be as= serted.
    2. =E2=80=9CEquipment=E2=80=9D mean= s any truck, vehicle, trailer, tow dolly, U-Box container, retail= purchase, or physical item related to your Transaction.
    3. = =E2=80=9CRental Company=E2=80=9D means the busin= ess entity that is responsible for the display, rental, sales, ma= intenance, and repair of Equipment and policy programs and proced= ures in a particular geographic area.
    4. =E2=80=9CSm= all Claims=E2=80=9D means a lawsuit filed in a local cou= rt that has jurisdiction to decide cases involving relatively sma= ll amounts of money damages.
    5. =E2=80=9CTransaction= =E2=80=9D means the commencement, completion, or fulfill= ment of: A) a request or reservation to rent, use or purchase Equ= ipment or to receive services; B) the use or review of the conten= t of any U-Haul website; or C) any entry onto any U-Haul or U-Hau= l agent=E2=80=99s property.
    6. =E2=80=9CU-Haul=E2=80= =9D means all subsidiaries, related companies, insurers,= parents, agents, affiliates, and/or independent dealers of the R= ental Company, and each of their respective officers, directors, = shareholders, managers, employees and other representatives who h= ad anything to do with Your Transaction.
    7. =E2=80=9CYou=E2= =80=9D means the person who engaged in a Transaction and= (as applicable) Your respective subsidiaries, affiliates, agents= , Authorized Driver(s) as defined in the U-Haul rental agreement,= employees, persons related to You, and Your beneficiaries, estat= e, spouse, domestic partner, heirs, assigns and other successors-= in-interest, as well as all authorized or unauthorized users of t= he Equipment. =E2=80=9CYour=E2=80=9D refers to =E2=80=9CYou.=E2=80= =9D

  • U-Haul and You agree that a U-Haul Transact= ion affects interstate commerce and that this Agreement shall be = governed by the Federal Arbitration Act, 9 U.S.C. ch. 1, et. seq.=

  • You acknowledge and agree that You have voluntarily = chosen to engage in a Transaction with U-Haul rather than a compe= titor who may offer comparable goods and services but may not req= uire binding arbitration. Arbitration is less formal than court; = uses a neutral arbitrator instead of a judge or jury; allows limi= ted discovery; and is subject to limited judicial review. The dec= ision of an arbitrator may be entered and enforced as a final jud= gment in a court of competent jurisdiction.

  • C= laims may only be brought in an individual capacity and in the na= me of an individual or entity, and may not be joined or consolida= ted with the Claims of any third party unless they arise from the= same Transaction, nor may any Claims, including assigned Claims,= be pursued in court. Claims must proceed on an individual and no= n-class and non-representative basis. No Claim may be pursued as = a class or other collective action. No Claims may be brought in a= representative action such as a private attorney general action,= or other representative basis. The Arbitrator shall have authori= ty to issue any relief that a court of competent jurisdiction cou= ld have awarded only to You or U-Haul individually on a non-class= and non-representative basis. If any part of this paragraph 5 is= deemed unenforceable as to all or part of a dispute, then the en= tirety of this Arbitration Agreement shall be null and void as to= that dispute or part of the dispute, and therefore that claim mu= st proceed in a court of competent jurisdiction.
  • If this Agreement conflicts with any arbitration provision i= n the Rental Contract Addendum/Document Holder or any other prior= arbitration provision presented to You at the time of the Transa= ction, this Agreement contains the most recent reiteration of the= Agreement and therefore supersedes all prior arbitration provisi= ons and shall control.

  • Unless otherwise provided in t= he following rules or by mutual agreement as provided herein, NAM= Comprehensive Dispute Resolution Rules and Procedures and Supple= mental Rules for Mass Arbitrations (https://www.namadr.com/resource= s/rules-fees-forms/) will apply to the arbitration of all Cla= ims seeking $75,000 or less and the AAA Consumer Arbitration Rule= s (http://www.adr.org/con= sumer) will apply to the arbitration of all Claims seeking mo= re than $75,000.BY ENTERING INTO THE TRANSACTION, THE PAR= TIES ACKNOWLEDGE AND AGREE TO AMEND OR MODIFY, WHERE APPLICABLE, = EITHER THE NAM COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDU= RES PURSUANT TO RULE 8 OF THE NAM COMPREHENSIVE DISPUTE RESOLUTIO= N RULES AND PROCEDURES AND THE AAA CONSUMER ARBITRATION RULES PUR= SUANT TO RULE R-1(C) OF THE AAA CONSUMER ARBITRATION RULES AS FOL= LOWS:

    1. Small Claims Court. U-Haul or You shall bring Clai= ms in small claims court instead of arbitration for those Claims = that meet the local jurisdiction requirements for Small Claims. T= he rules of the small claims court shall apply.

    2. Notice and Demand Procedure
      1. Notice of Dispute (=E2=80= =9CNotice=E2=80=9D): Before initiating arbitration proceedings, t= he party asserting a Claim subject to this Agreement must give wr= itten Notice by mail or e-mail sent to the party or parties again= st whom a Claim is asserted. Notice to U-Haul shall be sent to: U= -Haul Legal Dept., 2727 N. Central Ave., Phoenix, AZ 85004 or by = e-mail to: legal@uhaul.com. A Notice form and related information= is found at www.uhaul.com/= arbitration. Notice to You shall be sent either to the addres= s or e-mail address provided by You to U-Haul in connection with = the Transaction or to another address or email address provided b= y You to U-Haul. After Notice of a Claim is given, the parties sh= all attempt to resolve the Claim within sixty (60) days from the = receipt of the Notice. The statute of limitations shall be tolled= for said 60-day period.
      2. Demand for Arbitration (=E2=80=9CDemand=E2=80=9D): Upon expiration of the 60-day No= tice period, or immediately upon the unequivocal rejection of any= Claim(s), You or U-Haul may initiate arbitration proceedings by = filing a Demand and Certification of Completion of the Notice of = Dispute Process (=E2=80=9CCertification=E2=80=9D) with NAM for Cl= aims seeking less than $75,000 but exceeding Small Claims Court j= urisdictional limits, or by filing a Demand with AAA for Claims s= eeking $75,000 or more. NAM Demand and Certification forms for Cl= aims filed with NAM and AAA Demand and Certification Forms for Cl= aims filed with AAA and related information can be found at www.uhaul.com/arbitration, a= nd shall include an amount requested in the Demand. If a Demand i= s filed without the Certification, NAM or AAA shall consider the = Demand incomplete and not filed, and not proceed with its adminis= tration and invoicing until a Certification has been submitted. I= f all Claims are mutually resolved within the Notice period, NAM = or AAA shall take no further action to administer the Demand.

    3. Special rules for Claims seeking $75,0= 00 or less:
        NAM Consumer Filing Fee. If You followed the N= otice and Demand Procedure as provided above and paid a filing fe= e, U-Haul will reimburse You the amount of that fee.
      1. Alternative Payment and Attorney Premium. If You fo= llowed the Notice and Demand Procedure set forth above, and the A= rbitrator issues an award on the merits of Your Claims that is gr= eater than the value of U-Haul=E2=80=99s last written settlement = offer sent to You at least fourteen (14) calendar days before the= hearing (or submission of documents in a Written Submission-Only= procedure), then U-Haul will:
        1. pay the award or $7,500, wh= ichever is greater (=E2=80=9CAlternative Payment=E2=80=9D); and
        2. pay Your attorney, if any, reasonable attorney=E2=80=99s f= ees, and reimburse expenses (including expert witness fees) that = You reasonably incurred for investigating, preparing, and pursuin= g Your Claims (=E2=80=9CAttorney Premium=E2=80=9D). To qualify fo= r payment, expenses must be itemized and submitted to U-Haul with= in fourteen (14) calendar days of the award. The maximum payment = under the Attorney Premium is the amount of the award.
        <= /li>

    4. Special rules for Claims seeking at leas= t $500,000 or more:
      1. You or U-Haul may elect to proceed before a panel of thr= ee (3) arbitrators. If a party elects to proceed before a panel o= f three (3) arbitrators, said election shall be made at the time = of filing the Demand. Responding party shall have thirty (30) day= s from the filing of Your Demand to elect to proceed before a pan= el of three (3) arbitrators.
      2. The Federal Rules of Evidenc= e shall be applied in the arbitration proceedings to the same ext= ent as if the Claims had been filed in federal court in the juris= diction in which the Arbitration proceeds.
      3. Upon request o= f a party and good cause shown, the Arbitrator will:
        1. permi= t each party to submit at least one dispositive motion;
        2. p= ermit each party to serve interrogatories, requests for admission= , and requests for production and determine the scope, schedule, = and amount of same;
        3. permit at least one deposition of eac= h party; determine the necessity of any additional depositions; a= nd allocate the cost of taking deposition(s); and
        4. permit = written submissions and determine the staggered schedule for such= submissions.
      4. Following any arbitration award i= n this matter, the parties shall both have the right for submissi= on of an appeal. The appeal, if any, shall be handled by the AAA = pursuant to their Optional Appellate Arbitration Rules. The parti= es agree that each party shall be responsible for their own attor= ney=E2=80=99s fees and costs on appeal.

    5. Arbitrator Selection. Unless otherwise agreed in wr= iting by You and U-Haul, NAM or AAA, as the case may be, shall tr= ansmit simultaneously to each party an identical list of no less = than five (5) qualified arbitrators chosen from the NAM Hearing O= fficer Roster or AAA National Roster of Commercial Arbitrators, r= espectively. The parties may agree on an Arbitrator and advise NA= M or AAA of their agreement. If the parties do not agree, each pa= rty will have fourteen (14) calendar days from the transmittal da= te of the list of arbitrators in which to strike up to two (2) na= mes from the list of arbitrators, number the remaining names in o= rder of preference, and return the list directly to NAM or AAA. I= f a party does not return the list within the time specified, all= persons on the list will be deemed acceptable to that party. Fro= m among the persons who have been approved by both parties, and i= n accordance with the designated order of mutual preference, NAM = or AAA shall appoint an Arbitrator to serve. If for any reason ap= pointment cannot be made from the submitted lists, NAM or AAA wil= l repeat the process set forth in this paragraph 7 until the Arbi= trator is selected.

    6. Prior Settlement Offer. Prior to an arbitration decision, the parties shall not d= isclose to the Arbitrator any communications related to an offer = of compromise unless accepted by all parties.

    7. Location of Arbitration Hearing/Governing Law. The Arbi= tration shall take place in the County (or Parish) where You resi= de, either at the time of the rental and/or sale or return of the= Equipment, unless otherwise agreed in writing by U-Haul and You.= This Agreement shall be interpreted and construed in accordance = with the law of the State where the Arbitration takes place. Any = and all Claims arising out of or relating to this Agreement, whet= her sounding in contract, tort or statute, shall be governed by t= he law of the State where the Arbitration takes place, including = its statutes of limitations, without giving effect to any conflic= t-of-laws rule that would result in the application of the laws o= f a different jurisdiction.

    8. AAA and Arbitrato= r Fees. U-Haul will pay NAM or AAA administrative and ar= bitrator fees pertaining to the Claims initiated and pursued in a= ccordance with the Notice and Demand Procedure except as set fort= h in Paragraph 7(d). Notwithstanding the foregoing, the Arbitrato= r shall have authority to reallocate said fees if the Arbitrator = determines that Claims were filed for an improper purpose or that= the Claims are patently frivolous and/or unsupported by applicab= le law or the reasonable extension of the law. Notwithstanding an= ything to the contrary set forth above, in the event the conditio= ns for multiple (mass) consumer case filings are met as determine= d by NAM pursuant to its Supplemental Rules for Mass Arbitrations= Rule No. 2 or the AAA pursuant to the Administrative Filing Fees= section (i)(B) in the Consumer Arbitration Rules, then each part= y=E2=80=99s portion of the NAM filing fees shall be the Mass Fili= ng Fees as set forth by NAM or AAA filing fees shall be the Multi= ple Consumer Case Filings Fees as set forth by the AAA, respectiv= ely.

    9. Attorney=E2=80=99s Fees and Costs. Except as otherwise provided in this Agreement, the Arbitrato= r shall have the authority to award attorneys=E2=80=99 fees and o= ther costs as permitted by applicable law; however, You may not b= e awarded duplicative amounts of attorney=E2=80=99s fees or costs= regardless of the number of claimants. U-Haul promises and agree= s that it will not seek an award of attorneys=E2=80=99 fees or co= sts unless the Arbitrator determines that Claims are patently fri= volous and/or unsupported by applicable law or the reasonable ext= ension of the law.

    10. Arbitrator=E2=80=99s Autho= rity. The Arbitrator shall:
      1. Be bound by the terms of this A= greement;
      2. Apply a statute of limitations to all Claims as= though brought in an appropriate court of competent jurisdiction= ;
      3. Decide all issues, and award a remedy, based only on th= e evidence and arguments submitted by a party;
      4. Resolve al= l disputes regarding the scope and enforceability of this Agreeme= nt, including the enforcement of the class action waiver;
        5. Issue a reasoned written decision sufficient to explain the esse= ntial findings and conclusions on which the award is based and to= identify the specific types of damages awarded, if any;
      5. = Award a remedy only as to Claims presented at the Arbitration hea= ring and of which all Parties were on notice at least thirty (30)= days before the hearing;
      6. Award any form of individual re= lief provided such relief would have been available in an individ= ual capacity before a court of competent jurisdiction;
      7. Ma= ke rulings and resolve disputes as to the payment and reallocatio= n of fees and expenses, including attorney=E2=80=99s fees;
        8. Retain jurisdiction to review and resolve issues between the pa= rties concerning interpretation of the decision. Such issues will= be resolved based only on written submissions.
    11. Confidentiality. In order to protect = the confidential, proprietary, and trade secret information of th= e parties, U-Haul and You agree to negotiate and enter into a Con= fidentiality Agreement. If U-Haul and You cannot agree on the Con= fidentiality Agreement, the arbitrator shall have the sole respon= sibility for determining the appropriate scope of the Confidentia= lity Agreement. In no event shall the Confidentiality Agreement i= n any way prevent U-Haul or You from using any document marked as= =E2=80=9Cconfidential=E2=80=9D in an arbitration proceeding unde= r this Agreement, subject to any ruling on admissibility by the A= rbitrator.

    12. Alternate Forum. By mutua= l written agreement, the parties may select an arbitration forum = other than NAM or AAA and/or modify the procedural arbitration ru= les. In the event NAM or AAA are unable or unwilling to administe= r the arbitration, You and U-Haul shall submit the Claims to an a= greed upon alternative forum which shall be subject to all other = terms and conditions of this Agreement.

    13. Modif= ication. This Agreement may only be amended by a writing= signed by all parties. Only an officer representing U-Haul may a= gree on behalf of U-Haul to modify the terms of this Agreement.
    14. Severability. This Agreement is the f= ull and complete agreement relating to the resolution of Claims. = If any portion of this Agreement is deemed unenforceable by a cou= rt of competent jurisdiction or the Arbitrator, the remainder wil= l be enforceable.

    15. Waiver. The failur= e of a party to require performance of any term or condition of t= his Agreement shall not be deemed to constitute a waiver of any s= uch term or condition, or have any binding or precedential value = regarding present or future enforcement of such term.

    APPENDIX B


    U-Haul Arbitration Agreement= (=E2=80=9CAgreement=E2=80=9D) - CANADA
    PLEASE READ CAREFULLY. THIS MANDATORY AGREEMENT AFFECTS YOUR RIG= HTS. BY ENGAGING IN A =E2=80=9CTRANSACTION,=E2=80=9D =E2=80=9CYOU= =E2=80=9D AND =E2=80=9CU-HAUL=E2=80=9D VOLUNTARILY AND KNOWINGLY = ENTER INTO THIS AGREEMENT WHICH WAIVES YOUR RIGHT TO SUE AND BRIN= G CLAIMS IN COURT, OTHER THAN AS STATED BELOW, OR HAVE A JURY RES= OLVE ANY DISPUTE:
    1. Except as expressly provide= d in this Agreement, =E2=80=9CClaims=E2=80=9D shall not be pursue= d in court (except =E2=80=9CSmall Claims=E2=80=9D as defined belo= w), but shall be decided by binding arbitration administered by e= ither the National Arbitration and Mediation (=E2=80=9CNAM=E2=80=9D= ) in accordance with its NAM Comprehensive Dispute Resolution Rul= es and Procedures and Supplemental Rules for Mass Arbitrations (<= a href=3D"https://www.namadr.com/resources/rules-fees-forms/">htt= ps://www.namadr.com/resources/rules-fees-forms/), the America= n Arbitration Association (=E2=80=9CAAA=E2=80=9D) in accordance w= ith its AAA Consumer Arbitration Rules (http://www.adr.org/consumer), or other mutuall= y agreed upon and recognized arbitration administrator, and judgm= ent on the award rendered by the arbitrator may be entered in any= court having jurisdiction thereof.

    2. For purposes of t= his Agreement, the following definitions shall apply:
      1. =E2=80=9CClaims=E2=80=9D= is broadly interpreted to include any dispute, complain= t, controversy, or cause of action arising out of or relating to = your relationship with U-Haul or any prior, current or future Tra= nsaction with U-Haul. All claims, including assigned claims, brou= ght under any legal theory, whether at law or in equity, are cove= red by this Agreement and shall include, but not be limited to, a= ll statutory and tort claims, that may be asserted.
      2. =E2=80=9CEquipment=E2=80=9D means any truck, vehicle,= trailer, tow dolly, U-Box container, retail purchase, or physica= l item related to your Transaction.
      3. =E2=80=9CRent= al Company=E2=80=9D means the business entity that is re= sponsible for the display, rental, sales, maintenance, and repair= of Equipment and policy programs and procedures in a particular = geographic area.
      4. =E2=80=9CSmall Claims=E2=80=9D means a lawsuit filed in a local court that has jurisdict= ion to decide cases involving relatively small amounts of money d= amages.
      5. =E2=80=9CTransaction=E2=80=9D me= ans the commencement, completion, or fulfillment of: A) a request= or reservation to rent, use or purchase Equipment or to receive = services; B) the use or review of the content of any U-Haul websi= te; or C) any entry onto any U-Haul or U-Haul agent=E2=80=99s pro= perty.
      6. =E2=80=9CU-Haul=E2=80=9D means al= l subsidiaries, related companies, insurers, parents, agents, aff= iliates, and/or independent dealers of the Rental Company, and ea= ch of their respective officers, directors, shareholders, manager= s, employees and other representatives who had anything to do wit= h Your Transaction.
      7. =E2=80=9CYou=E2=80=9D means the person who engaged in a Transaction and (as applicabl= e) Your respective subsidiaries, affiliates, agents, Authorized D= river(s) as defined in the U-Haul rental agreement, employees, pe= rsons related to You, and Your beneficiaries, estate, spouse, dom= estic partner, heirs, assigns and other successors-in-interest, a= s well as all authorized or unauthorized users of the Equipment. = =E2=80=9CYour=E2=80=9D refers to =E2=80=9CYou.=E2=80=9D
      =

    3. U-Haul and You agree that a U-Haul Transaction affec= ts interstate commerce and that this Agreement shall be governed = by Federal or Provincial law.

    4. You acknowledge and agr= ee that You have voluntarily chosen to engage in a Transaction wi= th U-Haul rather than a competitor who may offer comparable goods= and services but may not require binding arbitration. Arbitratio= n is less formal than court; uses a neutral arbitrator instead of= a judge or jury; allows limited discovery; and is subject to lim= ited judicial review. The decision of an arbitrator may be=C2=A0e= ntered and enforced as a final judgment in a court of competent j= urisdiction.

    5. Claims may only be brought in an= individual capacity and in the name of an individual or entity, = and may not be joined or consolidated with the Claims of any thir= d party unless they arise from the same Transaction, nor may any = Claims, including assigned Claims, be pursued in court. Claims mu= st proceed on an individual and non-class and non-representative = basis. No Claim may be pursued as a class or other collective act= ion. No Claims may be brought in a representative action such as = a private attorney general action, or other representative basis.= The Arbitrator shall have authority to issue any relief that a c= ourt of competent jurisdiction could have awarded only to You or = U-Haul individually on a non-class and non-representative basis. = If any part of this paragraph 5 is deemed unenforceable as to all= or part of a dispute, then the entirety of this Arbitration Agre= ement shall be null and void as to that dispute or part of the di= spute, and therefore that claim must proceed in a court of compet= ent jurisdiction.

    6. If this Agreement conflict= s with any arbitration provision in the Rental Contract Addendum/= Document Holder or any other prior arbitration provision presente= d to You at the time of the Transaction, this Agreement contains = the most recent reiteration of the Agreement and therefore supers= edes all prior arbitration provisions and shall control.

      7. =
    7. Unless otherwise provided in the following rules or by mutual= agreement as provided herein, NAM Comprehensive Dispute Resoluti= on Rules and Procedures and Supplemental Rules for Mass Arbitrati= ons (https://www.namadr.com/resources/rules-fees-forms/) will a= pply to the arbitration of all Claims seeking $75,000 or less and= the AAA Consumer Arbitration Rules (http://www.adr.org/consumer) will apply to the ar= bitration of all Claims seeking more than $75,000.BY ENTE= RING INTO THE TRANSACTION, THE PARTIES ACKNOWLEDGE AND AGREE TO A= MEND OR MODIFY, WHERE APPLICABLE, EITHER THE NAM COMPREHENSIVE DI= SPUTE RESOLUTION RULES AND PROCEDURES PURSUANT TO RULE 8 OF THE N= AM COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND THE = AAA CONSUMER ARBITRATION RULES PURSUANT TO RULE R-1(C) OF THE AAA= CONSUMER ARBITRATION RULES AS FOLLOWS:

      1. Small Claims Court.<= /strong> U-Haul or You shall bring Claims in small claims court i= nstead of arbitration for those Claims that meet the local jurisd= iction requirements for Small Claims. The rules of the small clai= ms court shall apply.

      2. Notice and Demand Proce= dure
        1. Notice of Dispute (=E2=80=9CNotice=E2=80=9D): Before i= nitiating arbitration proceedings, the party asserting a Claim su= bject to this Agreement must give written Notice by mail or e-mai= l sent to the party or parties against whom a Claim is asserted. = Notice to U-Haul shall be sent to: U-Haul Legal Dept., 2727 N. Ce= ntral Ave., Phoenix, AZ 85004 or by e-mail to: legal@uhaul.com. A= Notice form and related information is found at www.uhaul.com/arbitration. Notice to Yo= u shall be sent either to the address or e-mail address provided = by You to U-Haul in connection with the Transaction or to another= address or email address provided by You to U-Haul. After Notice= of a Claim is given, the parties shall attempt to resolve the Cl= aim within sixty (60) days from the receipt of the Notice. The st= atute of limitations shall be tolled for said 60-day period.
          2. =
        2. Demand for Arbitration (=E2=80=9CDemand=E2=80=9D): Upon expiration of the 60-day Notice period, or immediatel= y upon the unequivocal rejection of any Claim(s), You or U-Haul m= ay initiate arbitration proceedings by filing a Demand and Certif= ication of Completion of the Notice of Dispute Process (=E2=80=9C= Certification=E2=80=9D) with NAM for Claims seeking less than $75= ,000 but exceeding Small Claims Court jurisdictional limits, or b= y filing a Demand with AAA for Claims seeking $75,000 or more. NA= M Demand and Certification forms for Claims filed with NAM and AA= A Demand and Certification Forms for Claims filed with AAA and re= lated information can be found at www.uhaul.com/arbitration, and shall include an amount= requested in the Demand. If a Demand is filed without the Certif= ication, NAM or AAA shall consider the Demand incomplete and not = filed, and not proceed with its administration and invoicing unti= l a Certification has been submitted. If all Claims are mutually = resolved within the Notice period, NAM or AAA shall take no furth= er action to administer the Demand.

      3. Special rules for Claims seeking $75,000 or less:
        1. NAM Consumer Fili= ng Fee. If You followed the Notice and Demand Procedure = as provided above and paid a filing fee, U-Haul will reimburse Yo= u the amount of that fee.
        2. Alternative Payment and= Attorney Premium. If You followed the Notice and Demand= Procedure set forth above, and the Arbitrator issues an award on= the merits of Your Claims that is greater than the value of U-Ha= ul's last written settlement offer sent to You at least fourteen = (14) calendar days before the hearing (or submission of documents= in a Written Submission-Only procedure), then U-Haul will:
            pay the award or $7,500, whichever is greater (=E2=80=9CAlterna= tive Payment=E2=80=9D); and
          1. pay Your attorney, if any, re= asonable attorney=E2=80=99s fees, and reimburse expenses (includi= ng expert witness fees) that You reasonably incurred for investig= ating, preparing, and pursuing Your Claims (=E2=80=9CAttorney Pre= mium=E2=80=9D). To qualify for payment, expenses must be itemized= and submitted to U-Haul within fourteen (14) calendar days of th= e award. The maximum payment under the Attorney Premium is the am= ount of the award.

      4. Specia= l rules for Claims seeking at least $500,000 or more:
      5. You or U-Haul may elec= t to proceed before a panel of three (3) arbitrators. If a party = elects to proceed before a panel of three (3) arbitrators, said e= lection shall be made at the time of filing the Demand. Respondin= g party shall have thirty (30) days from the filing of Your Deman= d to elect to proceed before a panel of three (3) arbitrators.
      6. The Provincial Rules of Evidence shall be applied in the ar= bitration proceedings to the same extent as if the Claims had bee= n filed in Provincial court in the jurisdiction in which the Arbi= tration proceeds.
      7. Upon request of a party and good cause = shown, the Arbitrator will:
        1. permit each party to subm= it at least one dispositive motion;
        2. permit each party to = serve interrogatories, requests for admission, and requests for p= roduction and determine the scope, schedule, and amount of same;<= /li>
        3. permit at least one deposition of each party; determine t= he necessity of any additional depositions; and allocate the cost= of taking deposition(s); and
        4. permit written submissions = and determine the staggered schedule for such submissions.
          5. iv. Following any arbitration award in this matter, the partie= s shall both have the right for submission of an appeal. The appe= al, if any, shall be handled by the AAA pursuant to their Optiona= l Appellate Arbitration Rules. The parties agree that each party = shall be responsible for their own attorney=E2=80=99s fees and co= sts on appeal.

      8. Arbitrator Selection. Unless otherwise agreed in writing by You and U-Haul, NAM o= r AAA, as the case may be, shall transmit simultaneously to each = party an identical list of no less than five (5) qualified arbitr= ators chosen from the NAM Hearing Officer Roster or AAA National = Roster of Commercial Arbitrators, respectively. The parties may a= gree on an Arbitrator and advise NAM or AAA of their agreement. I= f the parties do not agree, each party will have fourteen (14) ca= lendar days from the transmittal date of the list of arbitrators = in which to strike up to two (2) names from the list of arbitrato= rs, number the remaining names in order of preference, and return= the list directly to NAM or AAA. If a party does not return the = list within the time specified, all persons on the list will be d= eemed acceptable to that party. From among the persons who have b= een approved by both parties, and in accordance with the designat= ed order of mutual preference, NAM or AAA shall appoint an Arbitr= ator to serve. If for any reason appointment cannot be made from = the submitted lists, NAM or AAA will repeat the process set forth= in this paragraph 7 until the Arbitrator is selected.

        9. Prior Settlement Offer. Prior to an arbitratio= n decision, the parties shall not disclose to the Arbitrator any = communications related to an offer of compromise unless accepted = by all parties.
      9. Location of Arbitration Heari= ng/Governing Law. The Arbitration shall take place in th= e City or Township where You reside, either at the time of the re= ntal and/or sale or return of the Equipment, unless otherwise agr= eed in writing by U-Haul and You. This Agreement shall be interpr= eted and construed in accordance with the law of the Province whe= re the Arbitration takes place. Any and all Claims arising out of= or relating to this Agreement, whether sounding in contract, tor= t or statute, shall be governed by the law of the Province where = the Arbitration takes place, including its statutes of limitation= s, without giving effect to any conflict-of-laws rule that would = result in the application of the laws of a different jurisdiction= .

      10. AAA and Arbitrator Fees. U-Haul wi= ll pay NAM or AAA administrative and arbitrator fees pertaining t= o the Claims initiated and pursued in accordance with the Notice = and Demand Procedure except as set forth in Paragraph 7(d). Notwi= thstanding the foregoing, the Arbitrator shall have authority to = reallocate said fees if the Arbitrator determines that Claims wer= e filed for an improper purpose or that the Claims are patently f= rivolous and/or unsupported by applicable law or the reasonable e= xtension of the law. Notwithstanding anything to the contrary set= forth above, in the event the conditions for multiple (mass) con= sumer case filings are met as determined by NAM pursuant to its S= upplemental Rules for Mass Arbitrations Rule No. 2 or the AAA pur= suant to the Administrative Filing Fees section (i)(B) in the Con= sumer Arbitration Rules, then each party=E2=80=99s portion of the= NAM filing fees shall be the Mass Filing Fees as set forth by NA= M or AAA filing fees shall be the Multiple Consumer Case Filings = Fees as set forth by the AAA, respectively.

      11. A= ttorney=E2=80=99s Fees and Costs. Except as otherwise pr= ovided in this Agreement, the Arbitrator shall have the authority= to award attorneys=E2=80=99 fees and other costs as permitted by= applicable law; however, You may not be awarded duplicative amou= nts of attorney=E2=80=99s fees or costs regardless of the number = of claimants. U-Haul promises and agrees that it will not seek an= award of attorneys=E2=80=99 fees or costs unless the Arbitrator = determines that Claims are patently frivolous and/or unsupported = by applicable law or the reasonable extension of the law.
      12. Arbitrator=E2=80=99s Authority. The Arbitra= tor shall:
        1. Be bound by the terms of this Agreement;
        2. Apply a = statute of limitations to all Claims as though brought in an appr= opriate court of competent jurisdiction;
        3. Decide all issue= s, and award a remedy, based only on the evidence and arguments s= ubmitted by a party;
        4. Resolve all disputes regarding the s= cope and enforceability of this Agreement, including the enforcem= ent of the class action waiver;
        5. Issue a reasoned written = decision sufficient to explain the essential findings and conclus= ions on which the award is based and to identify the specific typ= es of damages awarded, if any;
        6. Award a remedy only as to = Claims presented at the Arbitration hearing and of which all Part= ies were on notice at least thirty (30) days before the hearing;<= /li>
        7. Award any form of individual relief provided such relief = would have been available in an individual capacity before a cour= t of competent jurisdiction;
        8. Make rulings and resolve dis= putes as to the payment and reallocation of fees and expenses, in= cluding attorney=E2=80=99s fees;
        9. Retain jurisdiction to r= eview and resolve issues between the parties concerning interpret= ation of the decision. Such issues will be resolved based only on= written submissions.

      13. Confidentiali= ty. In order to protect the confidential, proprietary, a= nd trade secret information of the parties, U-Haul and You agree = to negotiate and enter into a Confidentiality Agreement. If U-Hau= l and You cannot agree on the Confidentiality Agreement, the arbi= trator shall have the sole responsibility for determining the app= ropriate scope of the Confidentiality Agreement. In no event shal= l the Confidentiality Agreement in any way prevent U-Haul or You = from using any document marked as =E2=80=9Cconfidential=E2=80=9D = in an arbitration proceeding under this Agreement, subject to any= ruling on admissibility by the Arbitrator.

      14. A= lternate Forum. By mutual written agreement, the parties= may select an arbitration forum other than NAM or AAA and/or mod= ify the procedural arbitration rules. In the event NAM or AAA are= unable or unwilling to administer the arbitration, You and U-Hau= l shall submit the Claims to an agreed upon alternative forum whi= ch shall be subject to all other terms and conditions of this Agr= eement.

      15. Modification. This Agreement= may only be amended by a writing signed by all parties. Only an = officer representing U-Haul may agree on behalf of U-Haul to modi= fy the terms of this Agreement.

      16. Severability.= This Agreement is the full and complete agreement relat= ing to the resolution of Claims. If any portion of this Agreement= is deemed unenforceable by a court of competent jurisdiction or = the Arbitrator, the remainder will be enforceable.

      17. Waiver. The failure of a party to require performa= nce of any term or condition of this Agreement shall not be deeme= d to constitute a waiver of any such term or condition, or have a= ny binding or precedential value regarding present or future enfo= rcement of such term.
    		•
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