This article provides general information, not legal advice. Have an attorney in your state review your final rental agreement before use.
A ThrottleShare booking confirmation is a contract between you and the renter. But a platform booking alone is not a substitute for a standalone rental agreement covering the specific terms of your arrangement. A well-drafted rental agreement is your primary legal defense if a dispute arises — and it clarifies expectations up front, which prevents most disputes from arising at all.
Section 1: Parties and vehicle identification
Start with the basics. Every rental agreement should clearly identify:
- Full legal name and contact information of the rental owner
- Full legal name, address, date of birth, and driver's license number of the primary renter
- Names of all authorized operators (if multiple people will ride)
- Vehicle description: year, make, model, VIN or serial number, license plate or registration number
- Rental period: specific start date/time and return date/time
- Rental location: pickup address and any authorized riding area or geographic restrictions
Section 2: Rental rates and payment terms
- Daily or hourly rental rate
- Total rental fee for the agreed period
- Security deposit amount and conditions for full return vs. deduction
- Late return fees (specify a per-hour or per-day rate)
- Fuel policy: return full, return as-received with fuel cost reconciliation, or flat fuel fee
- Mileage or distance restrictions if applicable (some owners set limits on how far the vehicle can travel from pickup location)
Section 3: Acceptable use and prohibited conduct
This section defines what the renter may and may not do with the vehicle. Include:
- Authorized riders only (no subletting or unauthorized operators)
- Geographic operating restrictions (e.g., "vehicle may not be transported across state lines without written consent")
- Surface restrictions (e.g., "no operation on public paved roads," or conversely, "authorized for road use in [specific jurisdiction]")
- Speed and safety equipment requirements
- Explicit prohibition on operating under the influence of alcohol or drugs
- Age restrictions for operators
- Prohibition on stunt riding, racing, or aggressive maneuvers that exceed designed operating parameters
Section 4: Damage and liability
- Pre-rental condition documentation: reference to a pre-rental inspection form signed by both parties
- Renter's financial responsibility for damage beyond normal wear: specify how damage will be assessed (market cost of repair, quotes from two independent shops, owner's determination)
- Loss or theft coverage: renter's responsibility if vehicle is stolen during rental period
- Recovery costs: if vehicle becomes stuck or requires recovery during the rental, who bears the towing or extraction cost
- Third-party liability: clarify that the renter is responsible for damage or injury caused to third parties during the rental period
Section 5: Release of liability (the waiver)
This is the most legally significant section. The release should:
- Clearly state the risks the renter is assuming (injury, death, property damage)
- Release the owner from liability for injuries resulting from the inherent risks of powersports activity
- Include an indemnification clause: the renter agrees to indemnify and hold harmless the owner from third-party claims arising from the renter's operation
- Be written in plain language, not legal boilerplate — courts have voided agreements that obscured the nature of what was being waived
- Include a statement that the renter has read and understood the agreement and signed voluntarily
Some states require specific waiver language. California, for example, requires explicit language noting that the release covers the releasee's own negligence to be effective. Know your state's requirements.
Section 6: Return conditions and dispute resolution
- Vehicle must be returned in the condition it was received (documented by pre-rental inspection)
- Return location and timeframe
- Dispute resolution: specify whether disputes will be handled by mediation, arbitration, or small claims court, and which state's law governs
- Governing law clause: "This agreement shall be governed by the laws of the State of [your state]"
Getting signatures
The agreement is only effective when signed. For in-person rentals, wet signatures on paper are still the most legally defensible. For remote or pre-arranged rentals, DocuSign and similar e-signature platforms produce legally valid signatures under the ESIGN Act. Keep signed copies for a minimum of 3 years — longer in states with extended statutes of limitations for personal injury claims.