Agreement

RENTAL AGREEMENT:

By clicking the “Terms and Conditions” box at checkout you have agreed to the following Trailer and Equipment Rental Agreement:

This Rental Agreement ("Agreement") is entered into on the day the order is placed. We reserve the right to refuse service to anyone for any reason.

Lessor: Local Trailer Company with a principal place of business at 3818 FM 2218, Richmond, TX 77469; and an office and mailing address at 1117 FM 359, Suite 200, Richmond, TX 77406 (hereinafter referred to as "Lessor"); and

Lessee: Persons entering the information and Persons Identified on the Order Information Page for the rental (hereinafter referred to as "Lessee").

The Lessee certifies that all information provided and information entered on the order during the checkout process is true and correct. Lessee further certifies that the Driver’s License, Insurance, and Payment information provided are all valid when the order is placed and will remain valid throughout the entire rental period.

WHEREAS, Lessor is engaged in the business of renting trailers, towing accessories, tools, and equipment (hereinafter referred to as “equipment”) and agrees to rent equipment to Lessee subject to the terms and conditions of this agreement:

1. RENTAL PERIOD

The rental period begins and ends at the times shown on the order.

The Lessee is responsible for all equipment while it is in their possession.

Each day or part of a day the equipment is in Lessee’s possession is considered a rental day.

2. RENTAL PAYMENT & FEES

Payment is due upon check order completion. Other applicable taxes, due at the time of rental. Additional fees and charges may apply and be charged for late returns, damage, loss, or failure to comply with this Agreement. No refunds are available for orders that need to be canceled after one hour of the order being placed.

The Lessee has the liability and is responsible for all damages to the rented equipment upon agreeing to the rental agreement by clicking on The Terms and Conditions at checkout. The credit card provided at execution of the rental order will be charged for all damages when returned.

3. SECURITY DEPOSIT

Lessor may put a hold on the payment method provided in the amount of $395 in addition to the order amount. This may be applied by Lessor to cover damages, late fees, or other charges incurred under this Agreement. Any remaining hold balance will be lifted within 14 days of equipment return. Any and all damages of property or business interruption shall be assessed by the Lessor and at their discretion charge an additional amount using the payment method provided. If original payment method is denied or declined an additional form of payment is required to be provided immediately upon request.

4. CONDITION OF EQUIPMENT AND ACKNOWLEDGEMENTS

Lessee acknowledges examining and receiving the equipment in good and serviceable condition. Lessee shall return the equipment in the same condition, reasonable wear and tear excepted. Equipment must be returned clean or a cleaning fee may be charged. If there is notable damage or a deficiency in a rented piece of equipment the Lessee must refuse to accept the equipment at the initial pickup and immediately send Local Trailer Company an email at: [email protected] with a clear description of the issue.

Lessee acknowledges that they have verified the tow vehicle is in good working condition and has towing capacity to safely tow. Please refer to owner’s manual or manufactureres recommended towing specifications for the tow vehicle to verify towing information. If any outside factors or vehicle modifications diminish the vehicles towing capacity or ability to operate safely, it the Lessee’s responsibility to take this into consideration.

Lessee acknowledges they are using the proper size and specification tow ball and hitch.

Lessee acknowledges they have properly installed and functioning trailer light and brake connections that work in conjunction with the equipment being rented.

Lessor shall not be liable in any event to Lessee for any loss, delay, or damage of any kind of character resulting from defects in or inefficiency of the leased property or accidental breakage thereof.

Parties agree that Lessor is not the manufacturer of said equipment nor the agent of the manufacturer and that no warranty against patent or latent defects in material, workmanship, or capacity is given.

5. PERMITTED USE

Lessee shall not leave The United States with any rented equipment. Out of the Country use is not permitted.

Lessee shall use the equipment only for lawful purposes and in compliance with all local, state, and federal laws.

Lessee shall not sublease or transfer this Agreement.

Rented equipment shall not be loaned or otherwise used by anyone other than the Lessee.

Lessee shall not exceed the trailer’s load capacity or use it for prohibited or hazardous materials.

Lessee is responsible for properly securing loads and ensuring transported items are safe to move.

Lessee shall not use any equipment in a manner that is not its originally intended use.

Rented property is, and at all times shall remain titled to Lessor. Only the parties hereto and such other persons whose names are endorsed in the rental application are authorized to use said property, and Lessee will not permit said property to be used by any other person hereon without the express consent of Lessor.

6. RESPONSIBILITY FOR DAMAGE AND LOSS

Lessee agrees that in the event any of the property becomes unsafe or in a state of disrepair, Lessee will immediately discontinue the use thereof and promptly return it to Lessor, or if unsafe to return, notify Lessor.

Lessee is responsible for all damage, loss, or theft of the trailer while in their possession, regardless of fault.

If equipment is damaged or lost, Lessee agrees to pay the full cost of repair or replacement.

Lessee shall not attempt to repair the trailer without Lessor’s prior written consent.

Lessor shall not be responsible for consequential damages of any type, nature, or amount. Lessee agrees that the entire amount of damages for any reason are limited to the amount actually paid by Lessee to Lessor for the equipment.

7. INSURANCE

Lessee is responsible for securing and maintaining liability insurance that covers the trailer and the operation and towing of the trailer. Lessor is not responsible for injuries, property damage, or other liabilities arising from Lessee’s use of the trailer or equipment.

8. INDEMNIFICATION AND EXPRESS NEGLIGENCE CLAUSE

Lessee agrees to indemnify, defend, and hold harmless Lessor, its officers, employees, and agents from any and all loss, claims, damages, injury, liabilities, penalty or expenses arising from Lessee’s use, operation, handling, transportation, action, or possession of the equipment. Lessee acknowledges and expressly agrees that this indemnification includes claims arising from the negligence of Lessor, whether passive or active.

Lessee agrees to indemnity and hold harmless the Lessor against any claims, losses or damages, including attorney’s fees asserted by any person by reason of injury or harm to any person or property of any character occasioned by the operation or condition of the leased property during the rental period or while the property is in the possession or control of Lessee.

9. RETURN OF EQUIPMENT

Lessee shall return the equipment on the agreed upon date and time to 3818 FM 2218, Richmond, TX 77469.

If the equipment is returned late, Lessee shall pay a late fee of $35 per hour. If other rentals are canceled or delayed because the equipment is not back on time, the amount of that rental will also be charged at 150%.

Lessor may have tracking devices installed on equipment.

If multiple items are rented on one order the return of equipment is not complete until every item rented has been returned. Items are required to be returned at the same time.

Lessor reserves the right to repossess the trailer at Lessee’s expense if not returned timely.

Lessee will not retain the leased property beyond the agreed upon date and time without prior notice to and the consent of Lessor thereto, . Lessee agrees to pay all collection charges, including reasonable attorneys fees and court costs, if the rental is not paid when due.

10. DEFAULT AND TERMINATION

Lessor may terminate this Agreement immediately if Lessee breaches any terms, fails to pay fees, or misuses the equipment. Upon termination, Lessee must return the equipment immediately.

Lessor, at Lessor’s sole discretion may report equipment stolen if the equipment is not returned within 24 hours beyond agreed upon date and time.

Lessor, at Lessor’s sole discretion, may revert all charges to a 150% rate for each day or part of day if equipment is not promptly returned and additional amounts due or invoices not promptly paid.

Upon termination of this agreement, Lessee will promptly return the rented property and all attachments and parts belonging thereto, to the Lessor at the Lessor’s place of business, in the same condition in which such property was received, ordinary wear and tear excepted, and agrees to pay for any damage to or loss of such property while in the possession or control of Lessee hereunder. In the event that Lessor must resort to litigation or arbitration proceedings to recover for damages caused to or loss of such property. Lessee also agrees to pay Lessor’s reasonable attorney fees and court costs.

Time is of the essence.

11. WAIVER OF LIABILITY

Lessee assumes all risks associated with the use of the equipment and waives any claims against Lessor for injury, loss, or damage resulting from its use, including claims arising from Lessor’s negligence.

Lessee hereby waives and releases Lessor from all claims for injuries or damages to Lessee arising out of the use of said property by Lessee.

12. MANDATORY ARBITRATION

Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, breach, or termination, shall be resolved by binding arbitration pursuant to Chapter 171 of the Texas Civil Practice and Remedies Code. The arbitration shall take place in Fort Bend County, Texas, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties waive any right to bring claims as a class action or to trial by jury.

13. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Texas. Any disputes shall be resolved in the courts of Fort Bend County, Texas, subject to the arbitration provision above.

Lessee will give Lessor immediate notice of any levy attempted upon said property, or if said property becomes liable to seizure, and to indemnify Lessor against all loss and damages caused by such action, including Lessor’s reasonable attorney’s fees and expenses.

14. ENTIRE AGREEMENT

Local Trailer Company may modify or update this agreement from time to time.

This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements. Any modifications must be in writing and signed by both parties.

By completing the rental form online, Lessee acknowledges that this Agreement is a binding obligation effective the day the order is placed.