1. Rental. Pursuant to the terms and conditions set for herein, the Company shall provide a Trailer for use by Renter.
2. Use. Renter agrees that Trailer will be secured at the delivery location and is to remain there for duration of the rental period. Renter agrees that the trailer wheels will be locked and that the trailer is not to be hauled or moved by renter.
3. ID. Renter(s) shall be at least 21 years old and shall provide state issued driver's license or other valid ID information when/if requested.
4. Fees. Renter agrees to pay the Company upon demand for all charges due to loss or damage of trailer due to misuse. This includes, but is not limited to, improper use or loading Trailer with materials that are not properly contained which cause damage to trailer beyond that of normal use.
5. Cancellation. Renter agrees that all cancellations must be made 48 hours in advance of the rental start date in order to receive a full refund. Cancellations made less than 48 hours in advance of rental start date will receive a refund of the rental fees less a $50 cancellation fee.
6. Termination / Repossession. This Agreement is a contract for rental of a Trailer. Company may terminate this agreement and repossess Trailer without notice to Renter if Trailer is used in violation of the law or this Agreement. Renter agrees to indemnify Company, defend Company and hold Company harmless from all claims, liability, cost and attorney fees incurred by Company resulting from this Renter's use of the Trailer. Company makes no warranties, express or implied, regarding the Trailer and no warranty that the Trailer is fit for a particular purpose.
7. Responsibility for Damage or Loss. Renter is responsible for all damage to Trailer, missing equipment, and Company's administrative expenses connected with and damage claim, regardless of whether the Renter is at fault. Renter must report incidents of theft or vandalism to the police and the Company as soon as Renter discovers them.
8. Personal Property. Renter releases Company from all claims for loss of, or damages to: Renter's personal property.
9. Waiver and Indemnification. Renter, individually or on behalf of himself/herself, their personal representatives, heirs, successors, and assigns, agree to hold harmless, defend, and indemnify Company from any and all claims, suits, or causes of action by others for bodily injury, property damage, or other damages which may arise out of, result from, occur during, or are in any way connected with Renter's rental and use of the Trailer and any equipment related thereto, including claims arising from Company's or any other party's negligence.
Renter agrees this waiver, release and indemnification agreement is to be construed under the laws of Kansas, USA; and if any portion hereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect. Renter, agrees this agreement is to be construed broadly to provide a waiver, release, and indemnification to the maximum extent permissible under applicable law.
10. Attorney Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney fees and all other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.