Auto Rental News
MenuMENU
SearchSEARCH

How to Strengthen Your Rental Agreement for a Changing World

With ever-changing issues facing the rental industry, it’s important to keep a rental agreement up to date with the latest language and terms. Here's how.

Amy Hercher
Amy HercherFormer Senior Editor
Read Amy's Posts
September 12, 2022
How to Strengthen Your Rental Agreement for a Changing World

Among the components to include in rental agreements are renter information, vehicle tracking, damage waivers, mileage charges, terms and conditions, and liability.

Photo: Canva

6 min to read


For rental companies, it’s important to include certain terms and clear language in rental agreements. Additionally, rental agreements need to be updated to address ever-changing issues faced by the rental industry.

“Legal challenges and complaints can and do occur,” said David Purinton, president of PurCo Fleet Services Inc., a claims management company for the car rental industry. “When they do, the best reinforcement for your position is your rental agreement. It is vital to keep it updated with the latest language.”

Ad Loading...

During the 2022 International Car Rental Show, Purinton led a seminar focused on the items that should be standard in today’s vehicle rental agreements – and language that should be avoided. Additionally, he addressed some arguments that renters like to make and how best to address them.

Checklist for Rental Agreements

A rental agreement serves as a legal document that puts the contract between both parties in writing. It’s often made up of two parts: the signed rental agreement and terms & conditions.

“With both commercial and consumer ramifications at play in short-term rentals, the agreement should be carefully drafted, frequently reviewed, and periodically updated to ensure that the documents fulfill their intended purposes, even in light of changing law,” said Purinton.

To start, the rental agreement needs to include the renter’s name and contact information, including address, email address, phone number, driver’s license number, and date of birth. Additionally, the rental vehicle’s license plate number, make, model, year, and VIN should be written in the agreement.

Next, a rental company needs to disclose any electronic vehicle tracking information. That can include electronic tolls, GPS, and other telematics that transmit information about the vehicle and its location during the rental.

Ad Loading...

The rental agreement should feature a section discussing types of damage waivers (also known as CDW, PDW, LDW, etc.), optional insurance products, and other counter products. Optional insurance products include primary or supplemental liability (PLI or SLI). Other counter products can consist of personal effects coverage, fuel purchase options, satellite radio, GPS, tolls, and roadside assistance options.

The agreement needs to include language about the return policies and procedures such as location for turn-in and due-back information. Describe how your rental company handles early returns in this section.

Does your rental company have any geographic area restrictions? If a driver isn’t allowed to cross into another state or county with the rental vehicle, it needs to be mentioned in the rental agreement.

A mileage charge statement should be included in the rental agreement. Is it “unlimited” for renters or is there a cost per mile?

Checklist for Terms & Conditions

Known as T&Cs, terms of use, or a rental pamphlet, terms and conditions make up the second part of a rental agreement.

Ad Loading...

This part of the rental agreement discusses several items including definitions, warranties, prohibited uses, equipment/service options, payments (info about credit cards), charges (like toll and traffic violation fees), personal information/privacy statement, and liability for harm to others (accident handling/reporting). Miscellaneous items can include information on modifications, breach, jurisdiction, or attorney’s fees.

David Purinton is a frequent speaker and exhibitor at ICRS. Join us for the next conference, April 16-18, 2023, at the Paris Las Vegas Hotel & Casino.

Photo: Ross Stewart, RMS3Digital

Purinton discussed including a statement on “bailment.” He described bailment as delivering possession of something for a specific purpose without relinquishing ownership of it. There is an understanding that it will be returned at a later time in the same condition less ordinary wear and tear. A car delivered to a mechanic for repair is one example; a car delivered to a renter on lease is another.

“With one word, we create a wonderful relationship between the rental company and the renter,” said Purinton. “We want to make sure that bailment is mentioned in the rental agreement.”   

Information about damage or loss responsibility should be addressed in the rental agreement. Purinton mentioned that the language should discuss how the rental company handles costs of vehicle repairs and calculation of damages.

Additionally, loss of use can be mentioned in this section. In the Koenig case in 2012, the court held that loss of use is an “intrinsic” loss when there is a rental car that has been damaged. In other words, a rental car company does not need to separately show lost profits to recover loss-of-use damages. Purinton recommended being able to articulate the reasoning behind loss of use in your own words and style in the rental agreement.

Ad Loading...

“It’s important to keep updating your terms and conditions,” said Purinton. “I’m going to suggest that companies do that every year. Using your rental agreement terms, we can recover money on assigned files.”

Liability Protection

A rental agreement should help protect a rental company from liability claims of third parties harmed by renters. Known as the Graves Amendment, this law passed in 2005 stopped states from placing vicarious liability on short-term rental companies. Therefore, a rental company won’t be held liable for the harm a renter might cause to a third party during a rental.

In the rental agreement, a rental company needs to understand the Graves Amendment and clearly explain this protection, said Purinton.

Additionally, the rental agreement should mention that the company has a right to subrogation. According to Purinton, a right to subrogation isn’t found in too many rental contracts but should be included. 

Examples of Renter Arguments

Purinton provided examples of common arguments made by renters. The first one involves an “adhesion contract,” which is a contract that doesn’t provide an opportunity for bargaining or negotiating. According to Purinton, renters will sometimes argue that rental agreements are contracts of adhesion; however, a renter has choices. The renter chooses a specific vehicle and then signs the rental agreement, with optional selections presented along with written terms and conditions.

Ad Loading...

“Because renters sometimes argue that rental agreements are contracts of adhesion, it’s especially important to make the terms of the rental agreement clear and unambiguous,” said Purinton.

In Purinton’s experience, courts interpreting adhesion contracts usually accept the meaning of any words that are clear, but any ambiguities could be interpreted in favor of the party perceived to have less bargaining power.

Another common renter argument involves conversations outside the rental agreement. Sometimes renters will say that promises were made to them at the counter during checkout that are outside the extent of the rental agreement. Usually, the words within the rental agreement are where courts focus their interpretation of the intent of the involved parties, said Purinton. Anything talked about at the counter (or the time of the signing of the rental agreement) is subject to being excluded if the language in the agreement is clear.

Another renter argument can occur when a contract isn’t signed during the vehicle checkout process. This can happen when a corporate agreement or customer loyalty program allows the renter to go directly to the vehicle without signing a record. Purinton recommended that a rental location keep an original or legible copy of such membership agreement on file. Without proof of the agreement to the rental terms and conditions, the company can risk having no written agreement with the renter.

“The renter may argue in such circumstances that he or she is not bound by the rental agreement or its terms and conditions, making it harder to recover damage losses,” said Purinton.

Ad Loading...

Finally, Purinton notes he is not a lawyer but has been involved in a number of court cases recovering on renter files that have given him this firsthand experience. His final piece of advice is for rental car agencies to find a good lawyer they can pair with to help them with legal issues as they arise – including preparing and updating the rental car agreement. “That is one more invaluable tool,” he said. “Don’t go it alone when you move into territory you may not be familiar with.”

Purinton credits his long-term relationships with inside and outside legal counsel as having helped him establish and achieve the success he has.

Subscribe to Our Newsletter

More Rental Operations

Richard Lowden gesturing on stage in front of a red curtain at the Gaylord Texan Resort near Dallas.
Rental Operationsby Martin RomjueJune 12, 2026

Rethink The Future To Avert A Race To The Bottom

Rental car operators heard a sobering industry message and a stern challenge at the close of the International Car Rental Show.

Read More →
John Possumato holding microphone while asking a question during a live conference session at the ICRS Show.

DriveItAway, Free2move Plan Shared Fleet Program for Independent Rental Fleet Operators

Vehicles would be placed with participating rental operations to support car renter demand and provide additional fleet capacity.

Read More →
Close-up of a Jeep Wrangler front grille and headlight with text noting Stellantis’ recall of 1.3 million Jeep vehicles worldwide over a potential fire risk tied to power steering wiring.
Fleet Acquisitionby StaffJune 10, 2026

Stellantis Recalls 1.3 Million Jeep Vehicles Worldwide Over Fire Risk

Stellantis is recalling more than 1.3 million Jeep Wrangler and Gladiator models worldwide over a fire risk linked to power steering pump wiring.

Read More →
Ad Loading...
Franchisee standing with yellow U-Save branded sign in front of the rental car outlet.

Green Motion And U-Save Open Rental Operations In Guatemala

The brands will open their first rental car outlets in the country at La Aurora International Airport in Guatemala City.

Read More →
An airplane parked at a gate next to large headline and bullet points about study highlights.

U.S. Business Travel Drives $623 Billion+ in Economic Impact as Spending Reaches $538 Billion

The data also underscores the industry’s strong multiplier effect across the U.S. economy, revealing that each dollar invested in business travel in 2024 generated $1.16 in GDP.

Read More →
Green and black bar graphs show May 2025 v. 2026 fleet vehicle sales into commercial, rental, and government fleet sectors.
Fleet Acquisitionby Martin RomjueJune 3, 2026

Rental Fleet Sales Skating Just Above 2025 Levels

The U.S. economy's continued growth and positive business investment are creating a favorable environment for fleet vehicle demand.

Read More →
Ad Loading...
Interviewer Martin Romjue and guest Ryan Kerzner on both sides of a title page with large lettering.
Rental Operationsby Martin RomjueJune 3, 2026

Grow Your Rental Business Beyond Cars

Rental fleet operations are facing numerous evolving challenges and opportunities from AI technology to rate and revenue management, to customer service and business growth.

Read More →
An AI-imaging tunnel instantly scans a car for damages at Wenn's location in Lithuania.
Rental OperationsJune 2, 2026

Using AI to Create Clarity, Not Conflict, in Rental Car Damage

Rental companies still need people, policy, judgment, and thoughtful implementation, with operators remaining in control of the customer experience.

Read More →
Close up of a high-tech vehicle console with a remote key.
Rental OperationsJune 1, 2026

Get Ready To Roll: No Stopping Self-Driving Rental Cars

The autonomous mobility technology revolution will move at its own pace, but sooner rather than later.

Read More →
Ad Loading...
Two execs hold up a sign with Southwest and CarTrawler logos

Southwest Airlines Selects CarTrawler For Its Car Rental Booking Platform

The platform is designed to allow customers to compare and book rental vehicles more easily during the travel booking process.

Read More →
Ad Loading...