I, _______________________________________, hereby appoint ANIHI Newco, LLC (“Avail”) as my Limited Agent, and grant Avail the authority to assess damage and accordingly facilitate repair work on my vehicle listed on Avail’s car sharing platform in accordance with the terms of this Limited Agency Agreement and Authorization to Facilitate Repairs (“Limited Agency Agreement”).
- In the event my vehicle sustains damage while on the Avail platform, I authorize Avail to act as my limited agent for the purpose of assessing the damages and accordingly facilitating repairs to the vehicle on my behalf. Assessing the damage may include performing an estimate or a diagnostic scan.
- By signing this Limited Agency Agreement, I authorize Avail to determine whether an insurance claim needs to be filed to facilitate repairs with their insurer based on the assessed damage.
- In the event of vehicle damage where Avail decides not to file an insurance claim, I authorize Avail to handle such vehicle damage, as determined by Avail. I understand that Avail is not responsible for such damage, including but not limited to, wear and tear, and that Avail may choose, in its sole discretion, to procure said repairs.
- In the event that Avail decides to file an insurance claim, I authorize Avail to work with its insurer Allstate Insurance Company, and any Allstate affiliate or successor entity (“Allstate”), in the event of a claim involving my vehicle, including without limitation, to initiate a claim with Allstate and to work with an Allstate claims adjuster to prepare an estimate of damages that occurred while my vehicle was listed on the platform. I understand that Avail will not negotiate coverage or payment disputes with Allstate on my behalf.
- I understand that in some states I have a right to elect to use OEM repair parts. To the extent I am afforded an option to utilize repair parts that are manufactured by my vehicle’s original equipment manufacturer (“OEM repair parts” or ”after market-parts”) or non-OEM repair parts, I consent to the use of non-OEM repair parts or after-market parts. I authorize Avail to provide any written, oral, or electronic consent necessary to the use of non-OEM repair parts.
- I acknowledge that I may use any repair provider of my choice, and that for purposes of this Agreement, I authorize Avail to select a body shop to repair my vehicle, and, where required, to provide any written, oral, or electronic authorizations necessary to begin the repair of my vehicle or otherwise related to the repair of my vehicle on my behalf. In the event of an insurance claim, I understand that Avail will not authorize repairs to my vehicle if a claims adjuster declares the vehicle a total loss and that in such case, this Limited Agency Agreement shall not extend to a total loss and I will be required to engage directly with the insurance company in the continued handling of the claim. I understand that I may use a repair provider of my choice and that if I do not wish to use a repair provider that Avail selects, then I may revoke this agreement and work directly with the body shop or Allstate (depending on whether an insurance claim is filed), to repair the damage to my vehicle.
- I authorize Avail to take any and all actions necessary to facilitate the repair of my vehicle, including, but in no way limited to, working with towing companies, impound lots, and local authorities to retrieve my vehicle to facilitate repair.
- This Limited Agency Agreement applies to any vehicle I have listed on Avail’s car sharing platform and will continue for the duration of the listing. I understand that I am entering into this Limited Agency Agreement voluntarily, and I may revoke this authorization at any time on www.availcarsharing.com.
- I acknowledge that the disclaimers, warranties, and limitations of liability in the Avail Terms and Conditions apply to any repair services authorized pursuant to this Limited Agency Agreement. I acknowledge that the Repair Providers are the providers of such repair services and not Avail or its affiliates, and that Avail and its affiliates are in no way responsible for any acts or omissions of the Repair Providers. I acknowledge that Avail makes no warranty, express or implied, as to the repair services provided by the Repair Providers. I agree that Avail and its affiliates are not responsible in any way for any indirect, special, consequential incidental, punitive or exemplary costs, damages, or expenses of any kind (including, but not limited to, damages for loss of profits, goodwill, use, or data), however arising under this Limited Agency Agreement. In any case, the aggregate liability for Avail and its affiliates under this Limited Agency Agreement may not exceed $100.
- I ACKNOWLEDGE THAT AVAIL IS AN AFFILIATE OF ALLSTATE. I FURTHER EXPRESSLY ACKNOWLEDGE THAT AVAIL IS NOT IN THE BUSINESS OF PROVIDING INSURANCE, IS NOT AN INSURANCE PROVIDER, AND IS NOT IN THE BUSINESS OF ADJUSTING INSURANCE CLAIMS. THE CLAIM WILL BE ADJUDICATED BY ALLSTATE INSURANCE COMPANY IN ACCORDANCE WITH THE INSURANCE POLICY.
- I FURTHER ACKNOWLEDGE THAT AVAIL, AS MY LIMITED AGENT FOR PURPOSES OF REPAIR AUTHORIZATION, IS NOT AN EMPLOYEE OR AGENT OR A PERSON ACTING ON BEHALF OF THE INSURER.
ACCEPTED AND AGREED: