Terms and Conditions

READ THESE TERMS CAREFULLY. THEY CONTAIN A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AN INDEMNIFICATION OBLIGATION, A BINDING ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SEE SECTION 26.

These Terms and Conditions (the "Terms") are a binding agreement between you ("you," "your," "User," or "Customer") and Driven Perfection LLC, a Georgia limited liability company ("Driven Perfection," "Company," "we," "us," or "our"), governing your access to and use of drivenperfectionrentals.com and any related subdomains (the "Site") and all products and services we offer (the "Services").

By accessing the Site, submitting an inquiry or reservation, or using any Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or the Services.

1. WHO WE ARE AND WHAT WE DO

Driven Perfection LLC provides economy, luxury, and exotic vehicle rentals; auto brokerage and vehicle sourcing; consignment sales; fleet management; vehicle owner and investor partnerships; commercial transportation; concierge services; consulting; and digital education products.

Driven Perfection LLC
113 S. Perry Street, Suite 206 #14258, Lawrenceville, Georgia 30046
support@drivenperfectionrentals.com | 404-620-4270

2. ELIGIBILITY

You may use the Site only if you are at least 18 years old and able to form a binding contract. To rent a vehicle you must be at least twenty-one (21) years of age, or such greater minimum age as we require in writing for the applicable vehicle class, and you must hold a valid, unexpired, unsuspended, and unrestricted driver's license. Additional eligibility requirements apply to luxury and exotic vehicles.

You represent that all information you provide is true, current, and complete, and that you are not barred from using the Services under any applicable law.

3. THESE TERMS AND THE RENTAL AGREEMENT — ORDER OF PRECEDENCE

These Terms are general terms of use. They do not replace the Master Vehicle Rental Agreement. Before any vehicle is released to you, you must sign our Master Vehicle Rental Agreement, together with its Vehicle Condition Report and, where applicable, a Personal Guaranty.

If there is any conflict between documents, the following order controls:

1. The signed Master Vehicle Rental Agreement and its Exhibits;
2. Any signed written addendum, quote, or statement of work for a specific transaction;
3. These Terms and Conditions; then
4. Any other content on the Site.

Marketing content, rate sheets, social media posts, listings, and Site descriptions are informational and do not modify a signed agreement.

4. USE OF THE SITE

4.1 Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use in evaluating and purchasing our Services. All other rights are reserved.

4.2 Prohibited Conduct

You may not:

• Use the Site for any unlawful, fraudulent, or deceptive purpose;
• Scrape, crawl, harvest, or use automated means to extract data or inventory from the Site;
• Copy, reproduce, republish, or resell any part of the Site or our content;
• Reverse engineer, interfere with, overload, or attempt to gain unauthorized access to the Site or its systems;
• Submit false, stolen, or unauthorized identity, license, insurance, or payment information;
• Impersonate any person or misrepresent your affiliation with any person or entity;
• Upload malicious code, or transmit unsolicited commercial messages; or
• Use the Site or our content to build or train a competing product or service.

4.3 Suspension

We may suspend or terminate your access to the Site or the Services at any time, with or without notice, for any reason, including suspected violation of these Terms.

5. INTELLECTUAL PROPERTY

All content on the Site — text, graphics, logos, photographs, video, vehicle imagery, page layout, pricing structures, forms, checklists, agreement templates, course and consulting materials, and software — is owned by Driven Perfection LLC or its licensors and is protected by copyright, trademark, and other laws.

"Driven Perfection," the Driven Perfection logo, and related marks are our trademarks. You may not use them without our prior written permission.

Our proprietary business materials — including our rental agreement forms, SOPs, pricing models, partnership structures, and course content — are confidential and may not be copied, distributed, resold, or used to compete with us.

6. USER CONTENT, REVIEWS, AND PHOTOGRAPHY

If you post a review, testimonial, photograph, video, or other content to or about us, you grant Driven Perfection a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, adapt, publish, and display that content for marketing and business purposes, in any medium, without compensation.

You represent that you own or have the rights to the content you submit and that it does not infringe anyone's rights.

Vehicles may be photographed or filmed by us or on our behalf. Any commercial photo or video shoot involving our vehicles requires a separate signed shoot agreement and release. Use of our vehicles for commercial photography, filming, or content production without our prior written authorization is prohibited.

We may remove any user content at our discretion.

7. COMMUNICATIONS AND ELECTRONIC SIGNATURES

7.1 Consent to Electronic Records

You consent to receive agreements, disclosures, notices, receipts, invoices, and other records from us electronically, by email or text message. Electronic signatures, typed names, initials, click-to-accept, email approvals, and text message confirmations have the same legal force and effect as original handwritten signatures, consistent with the federal E-SIGN Act and the Georgia Uniform Electronic Transactions Act.

7.2 Transactional Communications

By providing your phone number and email, you agree that we may contact you about reservations, vehicle handoff and return, payments, invoices, deposits, damage, tolls, citations, and account matters. These transactional communications are part of the Service and continue as long as you have an active reservation, rental, or outstanding balance, regardless of any marketing opt-out.

7.3 Text Messaging (SMS/MMS)

Driven Perfection LLC operates two separate text messaging programs. Each has its own dedicated, unchecked opt-in checkbox, its own consent record, and its own separate carrier registration. Each requires its own distinct consent.

Program A — Informational and Customer Care. Message types sent under this program: Informational messages and Customer care messages.

By opting in, you agree to receive informational and customer care text messages from Driven Perfection LLC, including reservation updates, account notifications, and customer support responses. Message frequency varies. Message and data rates may apply.

Program A sends booking and reservation confirmations, vehicle delivery, pickup, and return coordination, return reminders, invoice and payment notifications, security deposit release confirmations, account notifications, and one-to-one replies to your customer support questions. Program A sends no marketing, promotional, or advertising messages.

Program B — Marketing and Promotional. Message type sent under this program: Marketing messages.

By opting in, you agree to receive promotional offers, discounts, new vehicle arrival announcements, and event and availability text messages from Driven Perfection LLC. Message frequency varies. Message and data rates may apply.

These programs are operated separately with separate consent, collected through two independent, unchecked checkboxes. Checking one does not check the other. We do not bundle messaging consent with any other consent, including your agreement to these Terms. Consent to marketing messages is never a condition of renting a vehicle or purchasing any Service. Reply STOP or CANCEL to any message to cancel; we also honor STOPALL, END, QUIT, and UNSUBSCRIBE. Reply HELP for help, or contact us at 404-620-4270 or support@drivenperfectionrentals.com. Message frequency varies. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Full messaging terms and our data practices are in our Privacy Policy.

7.4 Call Recording

Calls to and from us may be monitored or recorded for quality, training, and dispute resolution, where permitted by law and where disclosed at the time of the call.

8. RESERVATIONS AND BOOKINGS

8.1 Requests, Not Contracts

A reservation request, online booking, quote, or listing inquiry is a request only. A reservation is confirmed only when we confirm it in writing and any required deposit or prepayment has cleared. Rates and availability are not guaranteed until confirmed.

8.2 Vehicle Class, Not Specific Vehicle

Unless we expressly agree in writing to a specific vehicle by VIN, you are reserving a vehicle class, not a particular vehicle. We may substitute a vehicle of comparable or better class at our discretion, including where a vehicle is damaged, in service, delayed in return by a prior renter, or otherwise unavailable.

8.3 Verification Before Release

Before any vehicle is released, we must complete identity verification, license verification, motor vehicle record review, insurance or protection product verification, and payment verification. We may decline any reservation or refuse to release any vehicle, at our sole discretion, for any lawful reason, including failed verification, unacceptable driving record, unverifiable payment method, or prior conduct. If we decline before release, our sole obligation is to refund amounts you paid for that reservation.

8.4 Errors

Pricing, availability, mileage, specification, and photograph errors on the Site are possible. We reserve the right to correct any error and to cancel any reservation made at an erroneous price, with a full refund of amounts paid.

9. RATES, FEES, TAXES, AND PAYMENT

9.1 Rates

Rates are quoted per day, per week, or per month for the vehicle class, dates, and mileage allowance stated in your confirmation. Unless expressly stated, rates do not include taxes and surcharges, delivery or pickup fees, fuel, tolls, citations, protection products, additional driver fees, additional mileage, cleaning, or late return charges.

9.2 Payment Method on File

A valid major credit card in your own name must remain on file and in good standing throughout the rental period and for sixty (60) days after return. Prepaid cards, virtual cards, gift cards, and cards not matching your identification are not accepted without our prior written approval. Debit cards may be subject to additional requirements or refused.

9.3 Authorization to Charge

You authorize Driven Perfection to charge the payment method on file for all amounts owed under these Terms and your rental agreement, including amounts assessed after the vehicle is returned — damage, loss of use, diminished value, fuel, mileage, cleaning, smoking, pet, late return, recovery, tolls, citations, administrative, and collection charges. These Terms, together with your signed rental agreement, constitute your written authorization for those charges.

9.4 Recurring Rentals

Weekly and monthly rentals renew automatically at the then-current rate unless either party gives written notice of non-renewal at least forty-eight (48) hours before the end of the current term. You authorize automatic recurring charges to the payment method on file for each renewal term.

9.5 Late Payment

Unpaid amounts accrue interest at eighteen percent (18%) per annum, or the maximum rate permitted by Georgia law, whichever is less, from the date due until paid. Payments are applied first to costs and fees, then to interest, then to principal. A declined, expired, or closed payment method does not excuse or delay your payment obligation. Failure of the payment method on file is a material breach and may result in immediate termination and vehicle recovery.

9.6 Taxes

You are responsible for all applicable sales, use, rental, excise, and other taxes and governmental surcharges.

10. SECURITY DEPOSITS AND CARD HOLDS

10.1 Amount

A refundable security deposit is required for every rental. The amount depends on vehicle class, rental duration, and our verification review, and is disclosed before the vehicle is released.

10.2 Hold or Charge

Depending on rental duration and the capabilities of our payment processor, a deposit may be taken as an authorization hold on your card or as an actual charge that is refunded after return and inspection. Card network authorization holds expire automatically after a short window (generally two to seven days depending on card network and transaction type). For rentals longer than that window, we may (a) run a new authorization at or near the return and inspection, (b) keep your tokenized card on file and authorize at return, or (c) collect the deposit as a charge subject to the refund timeline below. The method used for your rental is disclosed at booking.

10.3 Not a Cap on Liability

The security deposit is not a limit on your liability and is not an estimate of damages. We may apply it to any amount owed. Amounts owed above the deposit remain fully due.

10.4 Release Timeline

Any unapplied deposit balance is released or refunded within ten (10) business days after return, inspection, and confirmation that no claim, damage assessment, toll, citation, or chargeback is pending. After we release or refund a deposit, your bank or card issuer controls how quickly the funds appear in your account — typically three to five business days, and sometimes longer. We do not control that timing.

10.5 Final Assessment

Because most processors permit only one capture against an authorization, we assess final damages after a complete return inspection before capturing or applying the deposit. Damage discovered after the deposit is released remains your responsibility and may be charged to the payment method on file.

11. CANCELLATION, CHANGES, AND NO-SHOW

Unless a different policy is stated in your written confirmation:

Change requests are subject to availability and may change the rate. We may cancel a reservation at any time before release for failed verification, non-payment, safety, or vehicle unavailability; our sole obligation in that case is a refund of amounts paid for the cancelled reservation.

12. RENTAL TERMS — DRIVER AND USE REQUIREMENTS

The following apply to every rental and are stated in full in the Master Vehicle Rental Agreement.

12.1 Authorized Drivers

Only you and individuals we have expressly approved in writing and listed on the rental agreement may operate or take possession of the vehicle. Each additional driver must meet our age, license, and driving-record requirements and be verified before release. Permitting an unauthorized person to operate or take possession of the vehicle is a material breach, voids all waivers and protections afforded to you, and makes you fully responsible for one hundred percent (100%) of all resulting loss from the first dollar.

12.2 Responsibility for Others

You are fully and personally responsible for the acts and omissions of every authorized driver, every unauthorized driver, every passenger, and every other person who obtains access to the vehicle through you, as if you had personally acted.

12.3 Prohibited Uses

The vehicle shall not be operated or used:

• While under the influence of alcohol, drugs, or any impairing substance;
• By any person who is not an approved authorized driver;
• In the commission of any crime, or to transport contraband or any unlawful substance;
• For racing, drifting, burnouts, speed contests, track or competitive events, stunts, or reckless driving;
• Off-road or on any surface not intended for ordinary passenger vehicle travel;
• For towing, pushing, or hauling;
• For rideshare, delivery, courier, livery, or commercial passenger service unless expressly authorized in writing;
• To carry passengers or property for hire;
• Beyond any maximum travel radius stated in the rental agreement, or outside the continental United States;
• For commercial photography, filming, or content production without a separate signed shoot agreement;
• By any person under 21, or under any greater minimum age we require for the vehicle class; or
• By any person without a valid, unexpired, unsuspended license.

ANY PROHIBITED USE IS A MATERIAL BREACH, IMMEDIATELY VOIDS ALL WAIVERS, PROTECTIONS, AND ACCOMMODATIONS AFFORDED TO YOU, INCLUDING ANY PROTECTION PRODUCT, AND MAKES YOU LIABLE FOR ONE HUNDRED PERCENT (100%) OF ALL RESULTING LOSS FROM THE FIRST DOLLAR. WE MAY IMMEDIATELY TERMINATE THE RENTAL AND RECOVER THE VEHICLE.

12.4 GPS, Telematics, and Remote Immobilization

Vehicles may be equipped with GPS tracking, telematics, event data recorders, dash cameras, and remote immobilization technology. By renting, you consent to their use for theft prevention and recovery, safety, maintenance, accident and claim investigation, mileage and geographic verification, payment default, and contract enforcement, as permitted by law. Tampering with, disabling, obstructing, or removing any such device is a material breach and may constitute a crime.

13. RETURN CONDITION AND STANDARD CHARGES

The vehicle must be returned on or before the scheduled return time, to the agreed location, with the same fuel or charge level as received, and in substantially the same condition, normal wear excepted. Unless a different schedule is stated in your rental agreement, the following charges apply:

These charges are in addition to, and not in place of, any other amount owed, and may be deducted from the deposit and charged to the payment method on file.

14. TOLLS, CITATIONS, AND IMPOUND

You are responsible for all tolls, parking citations, traffic and camera violations, and related fines and administrative fees incurred during your rental period, plus our administrative fee for processing each. We will identify you to the issuing authority as the responsible driver. You are also responsible for all towing, storage, impound, recovery, transport, skip-tracing, and repossession costs.

15. DAMAGE, LOSS OF USE, AND DIMINISHED VALUE

You are responsible for all physical damage to, theft of, vandalism to, or total loss of the vehicle occurring during your rental period, regardless of fault, including damage to tires, wheels, glass, windshields, undercarriage, suspension, interior, paint and wraps, keys and fobs, and mechanical components, and including damage occurring while the vehicle is parked, stored, or unattended.

You are additionally responsible for loss of use, calculated at not less than seventy-five percent (75%) of the daily rental rate for each day the vehicle is out of service, and for diminished value as established by a qualified appraisal, plus storage, transport, and administrative costs during the out-of-service period.

16. INSURANCE AND PROTECTION PRODUCTS — WE ARE NOT AN INSURER

DRIVEN PERFECTION IS NOT AN INSURER, IS NOT AN INSURANCE AGENT, BROKER, OR PRODUCER, AND SELLS NO INSURANCE. ANY COLLISION DAMAGE WAIVER, SUPPLEMENTAL LIABILITY INSURANCE, OR SIMILAR PROTECTION PRODUCT PRESENTED OR FACILITATED THROUGH US IS ISSUED BY AN INDEPENDENT THIRD-PARTY PROVIDER. YOU — NOT DRIVEN PERFECTION — ARE THE PURCHASER AND POLICYHOLDER, YOU CONTRACT DIRECTLY WITH THAT PROVIDER, AND YOU ARE BOUND BY THAT PROVIDER'S TERMS, EXCLUSIONS, AND CLAIM PROCEDURES. WE MAKE NO REPRESENTATION THAT ANY CLAIM WILL BE APPROVED OR PAID, AND HAVE NO LIABILITY FOR ANY DENIAL, DELAY, REDUCTION, OR NON-PAYMENT BY ANY PROVIDER.

You must either purchase a protection product we facilitate or provide your own qualifying personal automobile insurance, verified before release, as set out in the Master Vehicle Rental Agreement. No protection product or insurance policy caps your liability. If any policy or protection product is denied, rescinded, exhausted, voided, cancelled, lapsed, or insufficient for any reason, you are deemed to have elected no coverage and are fully liable for one hundred percent (100%) of all loss from the first dollar. We may receive a facilitation or referral fee from a provider.

17. AUTO BROKERAGE, SOURCING, AND CONSIGNMENT

Where we act as a broker, sourcing agent, or consignment seller:

• We are not the manufacturer, and unless we hold title, we are not the seller. Vehicles sourced from third parties are sold or transferred by the titled owner, not by Driven Perfection.
• Vehicles are offered "AS IS" and "WITH ALL FAULTS" unless a written warranty is expressly provided. We make no warranty of merchantability, fitness for a particular purpose, condition, mileage accuracy, or history.
• We do not guarantee that any specific vehicle can be located, acquired, or sold, or that any particular price, timeline, or financing will be obtained.
• You are solely responsible for obtaining your own independent pre-purchase inspection, title and lien search, and vehicle history report. We will facilitate reasonable access for inspection; we do not certify condition.
• Brokerage, sourcing, and consignment fees and commissions are set in a separate signed agreement, are earned as stated in that agreement, and are non-refundable once earned.
• Non-circumvention: you may not circumvent, bypass, or transact directly with any buyer, seller, dealer, lender, transporter, or other source introduced to you by Driven Perfection in order to avoid our fee. This obligation survives for twenty-four (24) months after the introduction.
• Deposits toward a vehicle purchase are held and applied as stated in the applicable purchase or brokerage agreement.

18. FLEET MANAGEMENT, OWNER, AND INVESTOR PROGRAMS

Vehicle owner-partner, fleet management, joint venture, and investor arrangements are governed exclusively by a separate signed agreement. Nothing on the Site, in marketing material, or in these Terms is:

• An offer to sell or a solicitation to buy any security;
• A guarantee, promise, or projection of income, return, utilization, occupancy, or profit; or
• Investment, tax, legal, or financial advice.

Vehicle programs carry risk, including depreciation, damage, downtime, non-utilization, insurance denial, market change, and total loss of capital. Past or illustrative results are not a guarantee of future performance. Any figures presented are estimates only. Consult your own attorney, accountant, and financial advisor before participating.

19. CONSULTING, DIGITAL PRODUCTS, AND EDUCATION

Consulting engagements, courses, templates, blueprints, and other digital products are licensed to you for your own internal business use only, are non-transferable and may not be resold, shared, or redistributed, and are provided for informational purposes.

We make no guarantee of any specific result, revenue, profit, approval, or outcome. Your results depend on factors outside our control, including your market, capital, execution, and compliance.

Digital products and downloadable materials are non-refundable once access is delivered, except where required by law. Consulting fees are earned as services are rendered and are non-refundable for time already spent. Nothing we provide is legal, tax, accounting, insurance, or investment advice, and no attorney-client or fiduciary relationship is created.

20. TRANSPORTATION AND CONCIERGE SERVICES

Where we provide transportation or concierge services, service times are estimates and are subject to traffic, weather, road conditions, vehicle availability, and other factors beyond our control. We are not liable for missed flights, missed appointments or events, delays, or any resulting consequential loss. Personal property left in a vehicle is your responsibility.

21. REFERRAL AND AFFILIATE ARRANGEMENTS

We may pay or receive referral, affiliate, or facilitation fees from partners, including protection product providers, lenders, transporters, and service vendors. Any referral or affiliate program is governed by a separate written agreement. Commissions are earned only on completed, fully paid transactions and are forfeited on cancellation, chargeback, or fraud.

22. THIRD-PARTY SERVICES

The Site may link to or integrate third-party booking platforms, payment processors, insurance and protection providers, mapping, and social media. We do not control and are not responsible for third-party services, their availability, their content, or their terms. Your use of a third-party service is governed by that party's terms and privacy policy.

23. DISCLAIMER OF WARRANTIES

THE SITE, THE SERVICES, AND ALL VEHICLES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVEN PERFECTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONDITION, SAFETY, OR SUITABILITY.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY VEHICLE WILL BE AVAILABLE, OR THAT ANY VEHICLE WILL BE FREE OF MECHANICAL FAILURE. MECHANICAL FAILURE, BREAKDOWN, OR UNAVAILABILITY DOES NOT ENTITLE YOU TO ANY REFUND, CREDIT, DAMAGES, SUBSTITUTE VEHICLE, ALTERNATE TRANSPORTATION, LODGING, OR REIMBURSEMENT UNLESS WE ELECT OTHERWISE IN WRITING.

24. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF DRIVEN PERFECTION LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, VEHICLE OWNER-PARTNERS, LESSORS, LIENHOLDERS, AND INSURERS (THE "COMPANY PARTIES") TO YOU FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.

THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST WAGES, LOST PROFITS, LOSS OF BUSINESS OR OPPORTUNITY, MISSED FLIGHTS, MISSED APPOINTMENTS OR EVENTS, ALTERNATE TRANSPORTATION, TOWING, LODGING, MEALS, DATA LOSS, OR INCONVENIENCE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT RESPONSIBLE FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY IN, ON, OR DELIVERED WITH ANY VEHICLE, HOWEVER CAUSED, INCLUDING PROPERTY LEFT IN A VEHICLE AFTER RETURN.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

25. INDEMNIFICATION

To the fullest extent permitted by law, you shall defend (with counsel reasonably acceptable to us), indemnify, and hold harmless the Company Parties from and against any and all claims, demands, suits, causes of action, liens, judgments, awards, settlements, fines, penalties, losses, damages, costs, and expenses of every kind, including reasonable attorneys' fees and expert, investigation, court, and arbitration costs, arising out of, resulting from, or in any way connected with:

• (a) your use of the Site, the Services, or any vehicle;
• (b) the acts or omissions of any authorized driver, unauthorized driver, passenger, guest, invitee, employee, family member, or any other person obtaining access through you;
• (c) your breach or alleged breach of these Terms or any agreement with us;
• (d) any violation of law involving a vehicle during your rental period;
• (e) any claim by any passenger, guest, employer, insurer, or third party relating to a vehicle; and
• (f) any misrepresentation, omission, or fraud by you.

This obligation applies even where a claim is caused, or alleged to be caused, in whole or in part by our ordinary negligence, but does not apply to the extent a claim is caused by our sole negligence, gross negligence, or willful misconduct. Your duty to defend is independent of and broader than the duty to indemnify, arises on written tender, and is primary — it is not reduced by any insurance, deposit, or protection product.

26. DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

26.1 Informal Resolution First

Before initiating arbitration, you agree to contact us at support@drivenperfectionrentals.com with a written description of the dispute and the relief sought, and to allow thirty (30) days for us to attempt to resolve it informally. We will do the same before initiating any claim against you.

26.2 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, any vehicle, any agreement between us, or the relationship between us — including the interpretation, enforceability, scope, or validity of this arbitration provision — shall be resolved by final and binding individual arbitration, and not in court, before a single arbitrator administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Rules where the claim is not a consumer claim). Arbitration shall take place in Gwinnett County, Georgia, or, at your election for a consumer claim, in the county where you reside, or by telephone or video where the AAA rules permit. The Federal Arbitration Act governs this provision. Judgment on the award may be entered in any court of competent jurisdiction.

26.3 Jury Trial Waiver

YOU AND DRIVEN PERFECTION EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY.

26.4 Class Action Waiver

YOU AND DRIVEN PERFECTION EACH WAIVE ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEED IN COURT, AND THE REMAINDER OF THIS ARBITRATION PROVISION REMAINS IN FULL FORCE AND EFFECT.

26.5 Carve-Outs

Notwithstanding the above:

• Either party may bring an individual claim in small claims court in Gwinnett County, Georgia, or in the county where the defendant resides, if the claim qualifies and remains an individual claim in that court.
• Driven Perfection may proceed in any court of competent jurisdiction for: (i) recovery, replevin, or repossession of a vehicle; (ii) injunctive or emergency relief, including to stop unauthorized use of a vehicle or misuse of our intellectual property or confidential information; and (iii) collection of amounts due.

26.6 Your Right to Opt Out of Arbitration

YOU MAY OPT OUT OF THIS ARBITRATION PROVISION (SECTIONS 26.2 THROUGH 26.4) BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS OR FIRST USE THE SERVICES, WHICHEVER IS EARLIER.

Send your notice to support@drivenperfectionrentals.com with the subject line "ARBITRATION OPT-OUT," or by mail to Driven Perfection LLC, 113 S. Perry Street, Suite 206 #14258, Lawrenceville, GA 30046. Include your full name, address, email, phone number, and a clear statement that you wish to opt out of arbitration.

Opting out will not affect any other part of these Terms, and will not affect your ability to use the Site or the Services in any way. If you opt out, disputes will be resolved in court under Section 27, and the jury trial waiver in Section 26.3 still applies. If you do not opt out within 30 days, you are bound by this arbitration provision.

Note: a separate arbitration provision appears in the Master Vehicle Rental Agreement. If you sign that agreement, its dispute resolution terms govern matters arising from that rental.

26.7 Fees

For consumer claims, Driven Perfection will pay any portion of the AAA filing, administrative, and arbitrator fees that exceeds what you would pay to file the same claim in Georgia state court, consistent with the AAA Consumer Arbitration Rules. The prevailing party is entitled to recover reasonable attorneys' fees and costs to the extent permitted by law.

26.8 Time Limit

Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises, or it is permanently barred, except where a longer period is required by law.

26.9 Survival

This Section 26 survives termination of these Terms and the end of any rental or engagement.

27. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles. For any matter not subject to arbitration, exclusive venue lies in the state and superior courts of Gwinnett County, Georgia, and you consent to personal jurisdiction there and waive any objection based on inconvenient forum.

28. CHARGEBACKS

Initiating a chargeback for any amount properly owed is a material breach of these Terms. You agree that these Terms, your signed rental agreement, the vehicle condition report, and our records constitute conclusive evidence of your authorization. You agree to reimburse us for all reasonable costs of responding to an improper chargeback and collecting the underlying amount, including a $150 chargeback administrative fee per improper chargeback, plus collection agency fees, attorneys' fees where permitted, and court or arbitration costs.

29. FORCE MAJEURE

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, severe weather, flood, fire, earthquake, pandemic, epidemic, war, terrorism, civil unrest, labor dispute, government action, utility or network failure, supply chain disruption, vehicle theft or seizure, or carrier or processor outage.

30. GENERAL PROVISIONS

30.1 Entire Agreement

These Terms, our Privacy Policy, and any signed agreement between us constitute the entire agreement regarding their subject matter and supersede all prior oral or written representations.

30.2 Changes to These Terms

We may modify these Terms at any time by posting a revised version with a new "Last Updated" date. Changes apply prospectively. Your continued use of the Site or the Services after posting constitutes acceptance. Material changes affecting an active reservation or rental will be communicated to you directly. Changes to Section 26 do not apply retroactively to a dispute of which we have received notice.

30.3 Severability

If any provision is held unenforceable, it shall be reformed to the maximum extent enforceable, and the remaining provisions remain in full force and effect.

30.4 No Waiver

No failure or delay in exercising any right operates as a waiver of that or any other right.

30.5 Assignment

You may not assign these Terms or any rights under them. We may assign these Terms and may assign or pledge any amount owed, without notice.

30.6 Notices

Notices to us must be sent to support@drivenperfectionrentals.com and to Driven Perfection LLC, 113 S. Perry Street, Suite 206 #14258, Lawrenceville, GA 30046. Notices to you may be sent to the email address, mailing address, or mobile number you provided, and are deemed received upon transmission.

30.7 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Driven Perfection.

30.8 No Third-Party Beneficiaries

Except for the Company Parties identified in Sections 24 and 25, these Terms create no third-party beneficiary rights.

30.9 Survival

Sections 5, 6, 7, 9, 13, 14, 15, 16, 17, 19, 23, 24, 25, 26, 27, 28, and 30 survive termination.

30.10 Headings

Headings are for convenience only and do not affect interpretation.

30.11 Interpretation

These Terms shall not be construed against either party as drafter.

31. CONTACT US

Driven Perfection LLC
113 S. Perry Street, Suite 206 #14258
Lawrenceville, Georgia 30046
United States

Email: support@drivenperfectionrentals.com
Phone: 404-620-4270
Web: https://drivenperfectionrentals.com

These Terms and Conditions should be read together with the Driven Perfection LLC Privacy Policy and, for rental customers, the Master Vehicle Rental Agreement.