DFW Classics

1. PARTIES AND SERVICES

This Terms of Service and Liability Waiver Agreement ("Agreement") is entered into between DFW Classics ("Company," "we," "us," or "our"), a Texas business operating in the Dallas-Fort Worth metroplex, and the individual or entity booking services ("Customer," "you," or "your"). The Company provides classic automobile rental services for special events, including Event Display Services and Chauffeured Transportation Services (collectively, "Services").

2. SERVICE DESCRIPTIONS AND PRICING

2.1 Event Display Service

Event Display Service provides a classic automobile for static display purposes at weddings, photoshoots, corporate events, and other special occasions. The vehicle remains stationary and is not driven during the rental period except for delivery and pickup by Company personnel.

Pricing: $150.00 per hour with a two (2) hour minimum ($300.00 minimum charge) per booking.

2.2 Chauffeured Service

Chauffeured Service provides a classic automobile with a professional driver employed or contracted by the Company. The Company's driver maintains exclusive control of the vehicle at all times. Customers and their guests are passengers only and are prohibited from operating the vehicle under any circumstances.

Pricing: $150.00 per hour with a five (5) hour minimum ($750.00 minimum charge) per booking.

2.3 Self-Drive Getaway Service

Self-Drive Getaway Service allows Customer to operate a Company vehicle for a short, one-way trip not exceeding thirty (30) minutes in duration. This service is designed exclusively for wedding getaways (e.g., venue to hotel) and similar short-distance transportation needs.

Pricing: $250.00 flat fee for up to 30 minutes of driving time.

Self-Drive Requirements and Restrictions:

Minimum Age: Driver must be at least 21 years of age.
Valid License: Driver must possess a valid, unexpired driver's license.
No DUI/DWI History: Driver must certify they have no DUI, DWI, or similar convictions.
Insurance: Driver must provide proof of valid auto insurance with full coverage.
Security Deposit: A $2,500.00 security hold will be placed on Customer's credit card at booking.
Trip Limit: Maximum 30-minute one-way trip. Extended driving is strictly prohibited.
Vehicle Orientation: Customer must complete a brief vehicle orientation before departure.

2.4 Self-Drive Liability and Damages

CUSTOMER ASSUMES FULL LIABILITY FOR ALL DAMAGES, LOSSES, AND INJURIES ARISING FROM SELF-DRIVE SERVICE

By selecting Self-Drive Getaway Service, Customer agrees to:

Accept full financial responsibility for any and all damage to the vehicle, regardless of fault;
Pay for all repair costs, including but not limited to collision damage, mechanical damage, tire damage, and cosmetic damage;
Reimburse Company for loss of use during repair periods at the applicable daily rental rate;
Indemnify and hold harmless the Company from any third-party claims arising from Customer's operation of the vehicle;
Accept that the $2,500.00 security deposit may be captured in full or in part to cover damages;
Pay any damages exceeding the security deposit amount within 30 days of invoice.

Company's Right to Pursue Damages: The Company reserves the right to pursue legal action against Customer for any damages, losses, or costs arising from Customer's operation of the vehicle during Self-Drive Service, including but not limited to filing civil lawsuits for recovery of repair costs, diminished value, loss of use, and attorneys' fees.

2.5 DUI/DWI Certification

By selecting Self-Drive Getaway Service, Customer certifies under penalty of perjury that they have never been convicted of, pled guilty to, or pled no contest to any DUI, DWI, OWI, or similar alcohol or drug-related driving offense in any jurisdiction. Customer understands that providing false information constitutes fraud and grounds for immediate termination of Services, forfeiture of all payments, and potential legal action.

2.6 Prohibited Uses (Event Display and Chauffeured Services)

For Event Display and Chauffeured Services, Customers are expressly prohibited from driving or operating any Company vehicle. These Services are provided on a display-only or chauffeur-driven basis. Any attempt by a Customer to operate a Company vehicle during these service types constitutes a material breach of this Agreement and may result in immediate termination of Services without refund, plus liability for all damages.

3. ASSUMPTION OF RISK

3.1 Acknowledgment of Inherent Risks

Customer acknowledges and understands that participation in the Services involves inherent risks, including but not limited to:

Risks associated with entering, exiting, and riding in vintage automobiles that may lack modern safety features such as airbags, anti-lock brakes, stability control, and advanced restraint systems;
Risks of motor vehicle accidents, collisions, sudden stops, and other traffic-related incidents;
Risks of mechanical failure or malfunction inherent to vintage vehicles;
Risks of injury from uneven surfaces, steps, or obstacles when entering or exiting vehicles;
Risks associated with outdoor events including weather conditions, uneven terrain, and environmental hazards;
Risks of property damage to personal belongings during transportation or display.

3.2 Voluntary Participation

Customer voluntarily assumes all risks associated with the Services, both known and unknown, and agrees to participate at Customer's own risk. Customer acknowledges that the Company has made no representations or warranties regarding the safety of the Services beyond those expressly stated in this Agreement.

4. RELEASE AND WAIVER OF LIABILITY

4.1 General Release

To the fullest extent permitted by Texas law, Customer, on behalf of Customer and Customer's heirs, executors, administrators, successors, and assigns, hereby releases, waives, discharges, and covenants not to sue the Company, its owners, officers, directors, employees, agents, contractors, insurers, and affiliates (collectively, "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death that may be sustained by Customer or any guest or invitee of Customer, whether caused by the negligence of the Released Parties or otherwise, while participating in the Services or while on Company premises.

4.2 Scope of Release

This release applies to all claims and liability occurring before, during, or after the scheduled Service period, including but not limited to:

Personal injury, bodily injury, illness, or death;
Property damage or loss;
Emotional distress or mental anguish;
Economic losses including lost wages or business opportunities;
Claims arising from the negligence, gross negligence, or other fault of the Released Parties, except as prohibited by Texas law.

4.3 Texas Law Limitations

Notwithstanding the foregoing, this release does not extend to claims arising from the Company's intentional misconduct, gross negligence constituting willful and wanton disregard for Customer's safety, or violations of applicable statutory protections that cannot be waived under Texas law.

5. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and attorneys' fees (including but not limited to those arising from third-party claims) arising out of or related to:

Customer's breach of this Agreement;
Customer's violation of any law, regulation, or third-party right;
Customer's negligent or intentional acts or omissions during the Service period;
Claims brought by Customer's guests, invitees, or other third parties arising from their participation in the Services;
Any damage to Company vehicles or property caused by Customer or Customer's guests.

This indemnification obligation shall survive termination of this Agreement and shall apply regardless of whether the claim arises in contract, tort, strict liability, or otherwise.

6. SAFETY REQUIREMENTS AND CUSTOMER OBLIGATIONS

6.1 Seatbelt Compliance

All passengers must wear seatbelts at all times when the vehicle is in motion, to the extent seatbelts are installed and available in the vintage vehicle. Customer acknowledges that some vintage vehicles may have limited or lap-belt-only restraint systems.

6.2 Passenger Conduct

Customer and Customer's guests agree to:

Follow all instructions provided by the Company's driver or staff;
Refrain from standing, leaning out of windows, or engaging in unsafe behavior while the vehicle is in motion;
Refrain from consuming alcohol or controlled substances in the vehicle unless expressly permitted by the Company;
Refrain from smoking in or around Company vehicles;
Treat Company vehicles and property with respect and care;
Not exceed the vehicle's posted passenger capacity.

6.3 Prohibited Conduct

The following conduct is strictly prohibited and constitutes grounds for immediate termination of Services without refund:

Operating or attempting to operate any Company vehicle;
Engaging in illegal activity;
Causing intentional damage to Company property;
Threatening, harassing, or abusing Company personnel;
Violating any safety instruction or posted rule.

7. CANCELLATION AND REFUND POLICY

7.1 Customer Cancellation

Customers may cancel bookings subject to the following terms:

More than 7 days before scheduled service: Full refund minus a 10% administrative fee.
7 days or less before scheduled service: No refund; full payment is forfeited.
Day of service or no-show: No refund; full payment is forfeited.

7.2 Company Cancellation

The Company reserves the right to cancel any booking at any time due to mechanical failure, unsafe weather conditions, driver unavailability, or other circumstances beyond the Company's reasonable control. In the event of Company cancellation, Customer will receive a full refund of all payments made, and such refund shall constitute the Company's sole liability.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

9. PAYMENT TERMS

9.1 Deposit and Payment Schedule

Payment terms vary based on when the booking is made relative to the scheduled service date:

Bookings Made 7+ Days Before Service:

A fifty percent (50%) deposit is due at the time of booking.
The remaining fifty percent (50%) balance will be automatically charged to the Customer's payment method on file seven (7) days before the scheduled service date.
By providing payment information, Customer authorizes the Company to charge both the initial deposit and the subsequent balance payment.

Bookings Made Within 7 Days of Service:

Full payment (100%) is due at the time of booking.
Such bookings are non-refundable.

9.2 Payment Authorization

By providing payment information, Customer authorizes the Company to charge the applicable deposit or full payment amount, including all applicable fees, taxes, and additional charges. Customer further authorizes the Company to charge the remaining balance as described above.

9.3 Additional Charges

Customer agrees to pay any additional charges incurred during the Service period, including but not limited to:

Overtime charges for Services extending beyond the scheduled time at the applicable hourly rate;
Cleaning fees for excessive dirt, stains, or damage to vehicle interiors;
Damage repair costs;
Fees for prohibited conduct or policy violations.

10. DISPUTE RESOLUTION AND GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising under or related to this Agreement shall be subject to binding arbitration in Dallas County, Texas, administered by the American Arbitration Association.

CLASS ACTION WAIVER: CUSTOMER AGREES THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION.

11. ACKNOWLEDGMENT

BY CHECKING THE ACCEPTANCE BOX AND PROCEEDING WITH YOUR BOOKING, YOU ACKNOWLEDGE AND AGREE THAT:

You have read this entire Agreement carefully and understand all of its terms;
You have had the opportunity to consult with legal counsel regarding this Agreement;
You voluntarily agree to all terms and conditions set forth herein;
You understand that you are waiving substantial legal rights, including the right to sue for negligence;
You are at least 18 years of age and have the legal capacity to enter into this Agreement;
You agree that your electronic acceptance constitutes a legally binding signature.

12. CONTACT INFORMATION

For questions regarding this Agreement or the Services, please contact: