WHEREAS, Lessor and Lessee agree to be bound by the terms and conditions contained herein for the materials, goods, or products set forth in the attached invoice and described herein rented to Lessee pursuant to this Agreement.

NOW THEREFORE, in consideration of the foregoing recitals and of the mutual covenants set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions

1. “Authorized Driver” means Lessee and any additional driver listed by the Parties on this Agreement.
2. “Trailer” means the non-motorized trailer identified in this Agreement and any trailer Lessor may substitute for it.

2. General

Lessee hereby agrees that he/she will be bound by this Agreement and responsible for the leased equipment.

3. Acceptance/Sole Terms

The provisions set forth herein together with the provisions of the Agreement constitute all of the terms and conditions for Lessee and with Lessor with regards to the leased equipment. Lessor’s acceptance and Lessee’s acceptance is expressly made conditional on Lessee’s assent to the terms contained herein. Lessee’s acceptance of the leased equipment shall, without limitation, also constitute acceptance of this Agreement. Any changes to the terms set forth herein or on the invoice shall be in writing and executed by both Parties.

4. Term

The term of this Agreement shall begin from the Effective Date and shall remain in full force and effect indefinitely until terminated as provided in this Agreement.

5. No Warranty

Lessor’s provides leased equipment “as is” without any warranty, expressed or implied, including no warranty for merchantability or fitness for a particular purpose.

6. Disclaimer of Consequential and Incidental Damages

In no case will Lessor be liable for the cost of procurement of substitute equipment, damage to other property, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Lessor has been advised of the possibility of such damages, which Lessee or any other person, corporation, company or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the equipment. Consequential damages for purposes hereof shall include without limitation, loss of use, income or profit or losses sustained as a result of injury (including death) to any person or loss of or damage to property (including without limitation, property handled or processed by the use of the equipment). Lessee shall defend, indemnify, and hold Lessor harmless against all liability, cost, and expense which may be sustained by Lessor on account of any such loss, damage, or injury.

7. No Insurance

Unless otherwise expressly set forth in this Agreement, Lessor is neither providing, nor offering to provide, directly or indirectly, any first or third- party insurance coverage in connection with the rental to Lessee. Lessee acknowledges that he/she has notified the insurance agent of his/her intention to haul the leased equipment and has been advised by the agent that Lessee’s liability and property damage insurance covers Lessee’s risk of liability for injury and/or damage to others or their property and Lessee’s insurance policy has been endorsed accordingly. Lessee shall indemnify and hold harmless Lessor for any claims arising from this Agreement.

8. Lessee’s Obligations

1. Lessee is responsible for all damage to, or loss or theft of, the leased equipment, including damage caused by weather, road conditions and acts of nature, whether Lessee is at fault or not.
2. Lessee is responsible for the cost of repair or the actual retail cash value of the leased equipment if it is not repairable or if the Lessor does not agree to repair it.
3. Lessee acknowledges that in the event any rented equipment sustains any damage or destruction or is lost or stolen while under rent to Lessee, Lessee agrees to pay Lessor the cost for repair or replacement thereof...
4. Lessee shall report all accidents involving the leased equipment to Lessor and the police within twenty-four (24) hours of occurrence.

9. Charges and Deposit

1. Lessee agrees to pay Lessor on demand for all charges due under this Agreement, including, but not limited to, the following: (a) time, and mileage (if applicable), for the period Lessee rents the equipment, (b) applicable taxes, (c) all traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges, and other expenses involving the leased equipment assessed against Lessor or the equipment.
2. If Lessee fails to pay a traffic or toll charge to the charging authority, Lessee will pay Lessor all fees owed to the charging authority plus the administrative fee of one hundred dollars ($100.00) for each such charge.
3. Lessee shall pay all costs Lessor incurs recovering the leased equipment if Lessee fails to return it as agreed above.
4. Lessee shall pay Lessor a five (5) percent late payment fee on all amounts paid past the due date.
5. Lessee shall pay Lessor one hundred dollars ($100.00) or the maximum amount permitted by law, whichever is greater, if Lessee pays Lessor with a check returned unpaid for any reason.
6. Lessee shall pay Lessor a reasonable fee not to exceed five hundred dollars ($500.00) to clean the leased equipment, if returned substantially less clean than when rented.

10. Deposit Use

Lessor may use Lessee’s deposit to pay any monies owed to Lessor due under this Agreement, including Lessor’s estimate of damages to the leased equipment. Fifty dollars ($50.00) reservation deposit will only be refundable within twenty-four (24) hour notice prior to rental time.

11. Prohibited Uses

The following uses of the leased equipment are prohibited: (a) transporting dangerous or hazardous items or illegal material, (b) transporting living persons, (c) towing the leased equipment by anyone under the influence of drugs or alcohol, (d) allowing the leased equipment to be towed by anyone who is not the Lessee or an Authorized Driver, (e) any use of the leased equipment by anyone who obtained the leased equipment or extended the rental period by giving Lessor fraudulent or misleading information, (f) use of the leased equipment in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation, (g) use of the leased equipment outside the United States, (h) use of the leased equipment when loaded beyond its capacity, as determined by the manufacture of the leased equipment, (i) towing the leased equipment through or under any structure without sufficient overhead or side clearance, (j) use of the leased equipment when it is reasonable to expect Lessee to know that further operation would damage the leased equipment, (k) using the leased equipment in a manner that causes damage to it due to inadequately secured cargo, (l) damaging the leased equipment by Lessee’s intentional, wanton, willful, or reckless conduct, and (m) damaging the leased equipment by placing signs, lettering, or painting on the leased equipment.

12. No Waiver

Forbearance or failure of Lessor to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Lessee, shall not affect or impar Lessor’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Lessor’s rights in case of any subsequent default of Lessee.

13. Severability

If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.

14. Assignment

These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Lessee and Lessor provided, however, that Lessee may not assign or transfer this Agreement, or the terms contained herein, in whole or in part, except upon the prior written consent of Lessor.

15. Governing Law

The Agreement and these terms contained herein shall be construed in accordance with and governed by the laws of the State of Maryland, without regard to its conflicts-of-laws rules or principles.

16. Entire Agreement

Lessee and Lessor agree that these Terms along with this Agreement shall constitute the entire agreement between Lessee and Lessor and no prior or contemporaneous oral or written statement, correspondence, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.

17. Substitutions

Should the requested equipment become unavailable at any time, Lessor reserves the right to substitute alternative equipment. Lessor will make every effort to provide a substitution comparable in quality or functionality to the requested equipment.

18. Attorney’s Fees

If either of the Parties bring litigation to enforce any of the provisions contained herein, the prevailing party shall be entitled to recover attorney’s fees and costs.