1. Parties, agreement, and controlling documents
This Rental Agreement is between Creek Rentals LLC (“Creek Rentals,” “Creek,” “we,” “us,” or “our”) and the renter identified in the confirmed reservation (“Renter,” “you,” or “your”). It governs the reservation, possession, operation, and return of the exact rental vehicle identified in the reservation (“Vehicle”). The confirmed checkout summary, vehicle condition report, optional-product selections, state addendum, fee schedule, privacy policy, and any written trip modification are incorporated into this Agreement.
By electronically accepting, signing, paying for, taking possession of, or operating the Vehicle, you confirm that you have reviewed and accepted this Agreement. If a mandatory law conflicts with this Agreement, that law controls and the remaining provisions continue to apply. A website quote or submitted request is not a confirmed reservation until payment succeeds and Creek issues confirmation.
2. Renter and authorized-driver eligibility
The Renter and every additional driver must satisfy Creek’s disclosed minimum-age, valid-license, identity-verification, payment, insurance, and driving-history requirements. Only a person specifically approved and listed as an authorized driver may operate the Vehicle. You must provide complete and accurate information and promptly report any suspension, restriction, expiration, or material change affecting driving eligibility.
Creek may refuse or cancel a rental when identification cannot be verified, the payment authorization fails, information is materially inaccurate, the driver is not legally eligible, the intended use is prohibited, or the rental would create a reasonable safety or fraud risk, subject to applicable law.
3. Reservations, changes, cancellation, and no-shows
Your confirmation identifies the reserved Vehicle, pickup and return dates and times, pickup city, daily rate, selected optional products, taxes, fees, and estimated total. Extensions, driver changes, location changes, and other modifications require Creek’s prior written approval and may change the price.
A confirmed reservation cancelled at least 24 hours before the scheduled pickup time receives a full refund to the original payment method. A reservation cancelled less than 24 hours before the scheduled pickup time receives no refund. No-shows receive no refund. Bank processing times after Creek submits an eligible refund are outside Creek’s control. Mandatory rights that cannot legally be waived remain unaffected.
4. Charges, card authorization, and payment permission
Payment of the amount shown as due at checkout is required to confirm a reservation. Creek does not offer a pay-later reservation option. You authorize Creek and its payment processor to charge the payment method provided for the rental total and any lawful post-rental amount supported by this Agreement, including approved extensions, fuel or charging, tolls, citations, missing equipment, late return, excessive cleaning, prohibited smoking or odor remediation, lost keys, damage, recovery, towing, and other documented charges.
The standard card authorization hold is currently $0 unless a different amount is clearly disclosed before confirmation. A card hold is not a payment and release timing is controlled by the card issuer. Creek will not impose a hold or deposit where prohibited by the pickup state’s law.
5. Exact-vehicle reservation
You reserve the exact Vehicle identified in the confirmation, including its listed year, make, model, and unit identifier. Creek will not substitute another vehicle without your approval. If the Vehicle becomes unavailable because of damage, safety concerns, maintenance, delayed return, theft, recall, or another event outside Creek’s reasonable control, you may accept an offered alternative or cancel and receive a refund of eligible prepaid rental charges.
Feature descriptions—including seating, drivetrain, four-wheel or all-wheel drive, Apple CarPlay, Android Auto, safety technology, and accessories—are based on Creek’s vehicle record. You must inspect the Vehicle at pickup and promptly report any material discrepancy.
6. Permitted and prohibited use
You must operate the Vehicle lawfully, carefully, and only for ordinary personal or approved business transportation within the authorized territory. Seat belts and required child restraints must be used. You must secure the Vehicle, safeguard keys, use the correct fuel or charging method, monitor warning indicators, and stop operating when continued use could cause damage or create a safety risk.
Unless Creek gives prior written approval, prohibited uses include operation by an unauthorized or unlicensed driver; racing or speed contests; driver training; towing or pushing; carrying persons or property for hire; subleasing; off-road use; intentional, reckless, willful, or wanton conduct; operation while impaired by alcohol, drugs, or another substance; criminal activity; transporting hazardous or illegal material; overloading; leaving the United States; tampering with the odometer, telematics, safety systems, or tracking equipment; and continuing to drive after a warning that reasonably requires stopping.
7. Pickup, inspection, return, and late return
You must inspect the Vehicle at pickup and document existing damage using the provided condition-report or photo process. Taking possession without reporting a reasonably visible discrepancy may be treated as acceptance of the recorded pickup condition, subject to applicable law.
You must return the Vehicle to the agreed location by the agreed time, with all keys and equipment, the required fuel or charge level, and in substantially the same condition except ordinary wear. An extension is valid only after written approval. An unauthorized late return may result in additional rental charges, loss of discounts, recovery costs, disruption charges where lawful, and reporting the Vehicle overdue or unlawfully retained when circumstances warrant.
A rental day is each consecutive 24-hour period or part of a period measured from the scheduled pickup time unless the confirmation states otherwise. Returning early does not reduce the agreed price or create a refund unless Creek agrees in writing or applicable law requires one. The rental does not end until Creek has recovered possession of the Vehicle and keys at the authorized return location. Leaving the Vehicle elsewhere, handing keys to an unauthorized person, or abandoning it does not constitute return.
8. Fuel, charging, mileage, tolls, citations, cleaning, and personal property
Fuel and charging. You must return the Vehicle with the fuel or battery level shown in the confirmation or pickup record. If you do not, you authorize the disclosed replacement fuel or charging charge and any lawful service fee. You are responsible for using the correct fuel and charging equipment, maintaining sufficient range, moving an EV when charging is complete, and paying charging, idle, parking, towing, or network fees incurred during the rental. Damage or towing caused by misfueling, depleted fuel or battery, misuse of charging equipment, or an unauthorized tow is your responsibility to the extent permitted by law.
Mileage. Any included mileage and excess-mileage rate are stated in the confirmation. Odometer or telematics records may be used to calculate mileage. Tampering, disconnecting, or interfering with mileage or telematics equipment is prohibited and may result in estimated mileage, recovery expense, and other lawful remedies.
Tolls, tickets, and violations. You are responsible for tolls, parking charges, traffic-camera charges, towing, impound, citations, penalties, and other assessments arising from use or possession of the Vehicle, even if Creek receives notice after the rental. You authorize Creek to identify you to the issuing authority, transfer liability where available, pay an amount to protect the Vehicle or Creek, and charge the amount plus a reasonable disclosed administrative fee where lawful. Payment to Creek does not guarantee that a government authority has cleared the matter from your record.
Cleaning, smoking, pets, and odors. Ordinary cleaning is included. You are responsible for reasonable documented costs required to remediate smoking or vaping, strong odors, stains, spills, pet hair or damage, biohazards, excessive dirt, or other conditions beyond ordinary use. Smoking and vaping are prohibited in every Vehicle. Pets are permitted only with Creek’s prior written approval and must be transported safely.
Personal property. You are responsible for removing all personal property at return. Creek is not a bailee and is not responsible for property left in the Vehicle except to the extent liability cannot lawfully be excluded. Creek may inventory, store, deliver to law enforcement, dispose of, or donate unclaimed property after reasonable notice and may charge reasonable shipping or storage costs.
9. Responsibility for loss or damage
Unless reduced by an accepted Vehicle Damage Waiver or prohibited by law, you are responsible for loss of or physical damage to the Vehicle occurring during the rental, regardless of fault to the extent permitted by applicable law. Recoverable amounts may include reasonable repair cost, actual cash value if a total loss, towing, storage, impound, appraisal, administrative expense, loss of use, diminution in value, missing equipment, and reasonable recovery expense, but only where and to the extent allowed by the pickup state.
You are not charged for ordinary wear. Creek will provide reasonable documentation supporting a damage demand. Your personal automobile policy, employer policy, travel coverage, or eligible credit-card benefit may cover some or all of your responsibility. You are responsible for confirming that coverage directly with the provider.
10. Optional Vehicle Damage Waiver—important disclosure
Current availability: Creek Rentals is not offering a paid Vehicle Damage Waiver at checkout at this time. The clauses below describe the terms that would apply only if a plan is enabled, displayed, and affirmatively selected in a future reservation.
A Vehicle Damage Waiver (“VDW,” “CDW,” or “LDW”) is optional and is not insurance. It is a contractual agreement under which Creek waives or limits its own right to collect from you for eligible loss of or damage to the rented Vehicle. It does not provide bodily-injury liability coverage, third-party property-damage coverage, uninsured or underinsured motorist coverage, medical coverage, personal-accident coverage, workers’ compensation, or personal-property coverage. Creek’s commercial fleet insurance remains separate and is not replaced by your waiver selection.
You may already have rental-vehicle coverage through personal automobile insurance or a credit card. Review the coverage, exclusions, claim procedure, deductible, primary or secondary status, loss-of-use coverage, and vehicle eligibility before choosing. Purchase is not required to rent, and declining will not be used to deny an otherwise eligible reservation.
10.1 Decline Vehicle Damage Waiver — $0
If you decline, Creek does not waive its contractual claim for eligible loss or damage. You remain responsible under this Agreement and applicable law, whether or not an insurer or card benefit ultimately reimburses you. Declining does not mean that you have proven outside coverage, and accepting this option is not a representation by Creek that your outside coverage is sufficient.
10.2 Standard Vehicle Damage Waiver — currently unavailable
Subject to the Agreement, lawful exclusions, and the confirmed checkout disclosure, Creek limits your responsibility for eligible covered physical damage to or theft of the Vehicle to a maximum of $1,500 per covered occurrence. This amount is contractual retained responsibility, not an insurance deductible. The waiver charge and your maximum responsibility are separate amounts. The charge is earned for each full or partial rental day and is not refunded merely because no loss occurs.
10.3 Premium Vehicle Damage Waiver — currently unavailable
Subject to the Agreement, lawful exclusions, and the confirmed checkout disclosure, Creek limits your responsibility for eligible covered physical damage to or theft of the Vehicle to a maximum of $500 per covered occurrence. This amount is contractual retained responsibility, not an insurance deductible. Premium VDW does not convert the waiver into insurance or add third-party liability, medical, or personal-property coverage.
10.4 Price and state-law controls
The applicable price, total anticipated charge, retained-responsibility amount, and state notice must be displayed before acceptance and on the confirmation. If state law imposes a lower price cap, broader waiver, narrower exclusion, special acceptance method, or other protection, the state requirement controls. Creek will not charge more than the lawful state maximum.
11. Damage-waiver scope and exclusions
Subject to applicable law, accepted VDW applies only to eligible physical loss of or damage to the Vehicle occurring during the rental period while the Vehicle is used by an authorized driver in compliance with this Agreement. The waiver does not cover third-party claims, injuries, personal belongings, traffic or parking violations, tolls, fuel, cleaning, missing optional equipment, or contractual charges unrelated to physical vehicle loss.
VDW may be void or inapplicable only to the extent permitted by the pickup state for loss arising from an authorized statutory exclusion, which may include intentional, willful, wanton, or reckless misconduct; legal intoxication or unlawful drug impairment; racing or a speed contest; use for hire, pushing, or towing without authorization; criminal use; operation by an unauthorized driver; material fraud in the rental transaction; prohibited operation outside the authorized territory; or odometer tampering. Ordinary negligence is not excluded where state law prohibits that exclusion. A limitation that is invalid under applicable law is removed without invalidating the remainder of the waiver.
12. Accident, theft, and claim duties
After an accident, theft, vandalism, or other loss, you must protect people from further harm, contact emergency services when appropriate, promptly notify Creek, report the event to law enforcement when required or reasonably requested, avoid admitting liability or promising payment on Creek’s behalf, collect available driver/witness/insurance information, take reasonable photographs, preserve keys and records, and cooperate honestly with Creek, its insurer, and claim administrators.
Failure to cooperate does not automatically void VDW unless applicable law permits that result and the failure materially prejudices investigation or recovery. You must forward legal papers and third-party communications concerning the incident promptly.
13. Third-party liability and personal property
VDW does not protect you against liability for injury to another person or damage to property other than the Vehicle. Responsibility, insurance priority, and minimum financial protection are determined by applicable law, Creek’s fleet policy, the rental agreement, and any valid renter policy. Creek does not insure personal property left in or transported by the Vehicle and is not responsible for loss except where caused by Creek’s conduct and liability cannot lawfully be excluded.
14. Optional extras and roadside assistance
Child restraints, additional drivers, toll products, prepaid fuel, mileage options, and other extras are governed by the checkout description. Roadside coordination, if included with a selected product, is a service benefit and not insurance. Costs arising from lost keys, incorrect fuel, depleted battery caused by renter conduct, tire misuse, lockout, prohibited towing, or another excluded event remain chargeable when clearly disclosed and lawful.
15. Telematics, photographs, and records
The Vehicle may use manufacturer systems, GPS, mileage, diagnostic, security, or recovery technology. Creek may process location and vehicle data for trip administration, safety, maintenance, theft recovery, legal compliance, and claim investigation as described in the Privacy Policy. Pickup, return, inspection, identification, and incident photographs may be retained for operational, fraud-prevention, and legal purposes. Driver-license images are scheduled for deletion 30 days after the trip ends unless longer retention is reasonably required by law, an active dispute, fraud review, or claim.
16. Pickup-state addenda
The addendum for the state where the rental begins supplements and, where required, overrides the general terms.
16.1 Colorado
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
Colorado law governs the waiver form, required disclosure, advertising, and permitted exclusions. Damage caused by ordinary negligence will not be excluded. See C.R.S. §§ 6-1-201 through 6-1-205.
16.2 California
The damage waiver is optional. Your own insurance or eligible credit-card benefit may cover all or part of your responsibility. The confirmation must state the applicable per-day or per-week waiver charge. Creek will apply California’s statutory waiver-price limitation and permitted exclusions for the relevant vehicle category. Creek will not require the purchase of VDW or use coercive conduct, denial of an otherwise valid reservation, or an unlawful deposit to induce purchase. See California Civil Code §§ 1939.09 and 1939.13.
16.3 Hawaii
The damage waiver is optional, entails an additional charge, and may duplicate personal automobile or credit-card protection. The confirmation must disclose the actual daily charge and all applicable restrictions. Damage caused by ordinary negligence will not be excluded. Creek will not offer a Hawaii rental agreement or waiver until the required specimen has been delivered to the Hawaii Director of Commerce and Consumer Affairs. See Hawaii Revised Statutes chapter 437D.
16.4 Massachusetts
NOTICE: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined. Massachusetts drivers should review whether collision and comprehensive coverage on their personal policy extends to the rental vehicle and what deductible applies. Drivers insured in other states should check with their insurance representative.
Acceptance must be made in the manner required by Massachusetts law. A collision damage waiver is not insurance. Creek will not require a damage deposit merely because the renter declines the waiver where Massachusetts law prohibits it. Only exclusions permitted by Massachusetts General Laws chapter 90, section 32E½ apply.
16.5 Florida
The damage waiver is optional and is separate from liability and personal injury protection insurance. Insurance priority is governed by Florida law and the face of the rental agreement. If the renter’s valid and collectible liability and personal injury protection insurance is designated primary, the legally required notice will appear in at least 10-point type on the executed agreement. See Florida Statutes § 627.7263.
17. Indemnity and limitation of liability
To the extent permitted by law, you are responsible for third-party claims, losses, and expenses arising from your breach, prohibited use, or unlawful operation of the Vehicle. This provision does not require indemnification for Creek’s own negligence where prohibited. Creek is not liable for indirect or consequential loss, missed flights, lost business, weather, road closures, or independent third-party services, except where applicable law provides otherwise.
18. Default, recovery, and termination
Creek may terminate the rental and recover the Vehicle, without breaching the peace, if the Vehicle is not returned when due, payment fails, material information is false, the Vehicle is abandoned, prohibited use occurs, or continued possession creates a reasonable safety, legal, or theft risk. You remain responsible for lawful charges through recovery and for reasonable recovery expense caused by your breach.
19. Informal dispute resolution, arbitration, class-action waiver, and jury waiver
Please read this section carefully. Except for an individual claim within small-claims jurisdiction, a request for public injunctive relief where applicable law requires court access, or a dispute concerning intellectual-property rights, you and Creek agree to resolve disputes arising from or relating to a reservation, rental, Vehicle, charge, website transaction, communication, or this Agreement through binding individual arbitration rather than a lawsuit in court.
Before filing arbitration, the complaining party must send a written Notice of Dispute describing the claim, supporting facts, requested relief, and reservation number, and both parties must make a good-faith effort to resolve it for at least 30 days. Notices to Creek must be sent to info@creekrentals.net with the subject “Notice of Dispute.” If unresolved, arbitration will be administered by the American Arbitration Association under its then-current Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration provision. The arbitrator may award the same individual remedies a court could award, subject to this Agreement and applicable law.
Claims must proceed only on an individual basis. Neither party may pursue or participate in a class, collective, consolidated, mass, or representative action or arbitration, and an arbitrator may not combine claims of different persons without all parties’ written consent. If a court finally determines that a particular claim or remedy cannot lawfully be arbitrated, only that claim or remedy may proceed in court; the remainder remains subject to arbitration. For any dispute that lawfully proceeds in court, each party waives trial by jury to the fullest extent permitted by law.
Thirty-day opt-out. You may opt out of this arbitration and class-waiver provision by emailing info@creekrentals.net within 30 days after you first accept it. The email must include your full name, the email and phone number used for the reservation, the reservation number if available, and a clear statement that you opt out of arbitration. Opting out will not affect your rental eligibility or any other term. Creek will honor a valid prior opt-out for later rentals unless you later agree otherwise in writing. Nothing in this section prevents either party from seeking temporary emergency relief to protect people or property while arbitration is pending, or prevents either party from reporting a matter to a government agency.
20. General terms
Electronic signatures and records are valid. Notices may be delivered to the email, phone, account, or address provided. You may not transfer this Agreement. Creek may assign payment or claim administration but remains responsible for obligations that cannot be delegated. Failure to enforce a term once is not a waiver. Headings are for convenience. If part of this Agreement is unenforceable, it will be narrowed or removed to the minimum extent necessary.
Colorado law governs website use and Colorado-origin rentals. For a rental beginning elsewhere, mandatory pickup-state law and the applicable state addendum control. Nothing in this Agreement waives a nonwaivable consumer right.
21. Electronic acknowledgment
By checking the agreement box and completing payment, you acknowledge that you had the opportunity to read this Agreement; received the waiver price, total charge, retained-responsibility amount, and applicable state notice; understand that VDW is optional and not insurance; selected or declined VDW voluntarily; authorize the disclosed charges; and consent to electronic records. Your selection, timestamp, agreement version, pickup state, and checkout total may be stored with the reservation.
22. Contact us
Questions about this Agreement, a protection selection, or a charge may be sent to info@creekrentals.net or discussed by calling 720-400-8000. Report accidents, theft, and urgent vehicle safety concerns immediately through the trip contact method provided with your confirmation.
Legal review notice: Creek Rentals intends these terms to operate as a rental-company damage waiver and not as an insurance policy. State requirements change. Creek should obtain state-specific legal and commercial-insurance review before activating rentals or optional products in a new state.