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TERMS OF LEASE
In addition to the terms below, and the operation guidelines on each rented item, the Lessee (customer) agrees to supervise the operation of any rented item and further agrees that if the item is damaged that he/she will reimburse Open Trails Rentals LLC for the full price to fix the damage and/or the full replacement value of the rented item. Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Lessee’s full satisfaction and understanding.
Delivery/Operation/Payments: To address specified by Lessee. Lessee grants Open Trails Rentals LLC and its employees/contractors, the right to enter said property for the delivery and return of the rented equipment at approximate times. All payments must be made at time of delivery. No refunds will be made after the equipment has been delivered.
1. Definitions: "Agreement" means all terms and conditions found on this form page and any other documents you sign or that we give you at the time of rental. "You" or "your" means the person identified as the renter or additional renter on this form, all Authorized Drivers, and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the business renting the trailer to you. "Authorized Driver" means you and any additional driver listed by us on this Agreement. "Trailer" means the non-motorized trailer identified in this Agreement and any trailer we substitute for it. "Loss of Use" means the loss of our right to use the trailer for any reason because of damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date of loss or damage to the trailer until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the trailer just prior to damage or loss less the value of the trailer after its repair. If we elect not to repair the trailer “Diminished Value” means the difference between the actual cash value of the trailer just prior to damage or loss less the salvage or sale value of the trailer.
2. Rental, Indemnity and Warranties: This is a contract for rental of the trailer. We may repossess the trailer at your expense without notice to you, if the trailer is abandoned or used in violation of law or this agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the trailer. We make no warranties, express, implied or apparent, regarding the trailer, no warranty of merchantability and no warranty that the trailer is fit for a particular purpose.
3. Condition and Return of Trailer: You must return the trailer to the place and on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. I f the trailer is returned after closing hours, you remain responsible for the safety of, and any damage to, the trailer until we inspect it upon our next opening for business. Service to the trailer or replacement of parts or accessories during the rental must have our prior approval.
4. Responsibility for Damage or Loss; Reporting to Police: You are responsible all damage to, or loss or theft of, the trailer, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair or the actual retail cash value of the trailer if it is not repairable or if we elect not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, you must report all accidents involving the trailer to us and the police within 24 hours of occurrence.
5. Responsibility for Damage or Loss; Equipment Included: I acknowledge receiving all items above and know that I am responsible for returning all items in good working condition or else I will be expected to pay for that item. I have carefully inspected the trailer, tires, hitch and find them all in satisfactory condition. I understand that I am responsible for any and all damages up to and including theft.
6. Prohibited Uses: The following uses of trailer are prohibited: ( a) transporting dangerous or hazardous item s or illegal materiel; ( b) transporting living persons; ( c) towing the trailer by anyone under the influence of drugs or alcohol; ( d) allowing the trailer to be towed by anyone who is not a renter or an authorized Driver; ( e) any use of the trailer by anyone who obtained the trailer or extended the rental period by giving us false, fraudulent or misleading information; ( f) use of the trailer 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 trailer outside the United States or Canada; ( h) use of the trailer when loaded beyond its capacity, as determined by the manufacturer of the trailer; ( i) towing the trailer through or under any structure without sufficient overhead or side clearance; ( j) use of the trailer when it is reasonable to expect you to know that further operation would damage the trailer; ( k) using the trailer in a manner that causes damage to it due to inadequately secured cargo; ( l) damaging the trailer by your intentional, wanton, willful or reckless conduct; and, ( m ) damaging the trailer by placing signs, lettering or painting on the trailer.
7. Charges: You agree to pay us on demand for all charges due to us under this Agreement, including, but not limited to: (a) time, and mileage (if applicable), for the period you keep the trailer; (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 trailer assessed against us or the trailer; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $100 for each such charge; (d) all costs we incur recovering the trailer if you fail to return it as agreed above; (e) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a 5% late payment fee on all amounts paid past the due date; (g) $100 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (h) a reasonable fee not to exceed $500 to clean the trailer, if returned substantially less clean than when rented. We will not refund any of the time or mileage charges if you return the trailer earlier than the date or time due in.
8. Deposit: We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the trailer.
9. Modifications: No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.
10. Waiver: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a trailer. I f any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Hold Harmless Provisions: Lessee agrees to indemnify and hold Open Trails Rentals LLC harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Open Trails Rentals LLC from injuries or damages incurred as a result of the use of the leased equipment. Open Trails Rentals LLC cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Open Trails Rentals LLC from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.
Disclaimer of Warranties: Open Trails Rentals LLC makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact Open Trails Rentals LLC if any of the lease equipment develops any indication defect or improper working conditions. Lessee agrees to use the equipment at Lessees own risk.
Breach/Indemnity/Arbitration: In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify Open Trails Rentals LLC for all costs incurred by Open Trails Rentals LLC incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees and costs. If Open Trails Rentals LLC determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this lease, Open Trails Rentals LLC may exercise any of the following remedies: termination of this agreement; reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available it by law. If a conflict arises, Open Trails Rentals LLC and Lessee will abide by the Tennessee state laws and forgo filing a lawsuit to solve the dispute.
BY SIGNING MY NAME ON THIS CONTRACT I, BEING THE LESSEE, CONTACT PERSON, LESSEE REPRESENTATIVE, OR OTHER INDIVIDUAL ASSUMING THE ROLE OF LESSEE, ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS CONTRACT AND ANY AND ALL ACCOMPANIED ADDENDUM(S). I HAVE BEEN FULLY INSTRUCTED BY OPEN TRAILS RENTALS LLC PERSONNEL AS A TRAINED OPERATOR FOR THE AFFORMENTIONED EQUIPMENT AND HAVE HAD ALL OF MY QUESTIONS ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT I AM SOLEY RESPONSIBLE FOR ADHERING TO THE TERMS SET FORTH BY THIS RENTAL CONTRACT AGREEMENT AND ANY AND ALL ACCOMPANIED ADDENDUM(S).
100% refund if over 30 days until pickup
50% for 15-30 Days until pickup
25% for 8-14 Days until pickup
0% for 0-7 Days until pickup
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