Rental Agreement

In this agreement "Owner" means the rental yard named above and "Renter" means the person signing below. "Equipment" means the trailer(s) and any items listed on this rental. By signing, the Renter agrees to the following terms.

1. RESPONSIBILITY FOR THE EQUIPMENT
The Renter is responsible for the Equipment from the moment of pickup until it is returned to and accepted by the Owner. The Renter is the sole custodian during the rental period.

2. WHO MAY COLLECT AND TOW
The Renter named on this rental must collect the Equipment in person and present the license used to book it. The Renter, and anyone else who tows the Equipment, must be at least 21 years old and hold a valid driver's license. No one may tow the Equipment unless the Owner has recorded them on this rental. The Owner may refuse to release the Equipment to a tow vehicle it considers unsuitable.

3. RENTAL PERIOD AND LATE RETURN
The Equipment is due back by the return date and time on this rental. Each additional day (or part of a day) is charged at the applicable daily rate. If the Equipment is more than 72 hours overdue, the Owner has made reasonable attempts to contact the Renter, and the Renter has neither returned it nor arranged an extension, the Owner may treat it as unlawfully retained and report it to law enforcement.

4. CANCELLATION AND REFUNDS
A booking may be canceled, or its dates changed, without charge up to 14 days before the rental is due to start. Canceling inside 14 days forfeits any advance payment of rental charges. No refund or allowance is given for Equipment returned early, or for any part of the rental period the Renter chooses not to use. This clause does not apply to the security deposit, which is not a payment for the rental and is dealt with in clause 9.

5. CONDITION AND INSPECTION
The Renter confirms the Equipment was inspected at pickup and accepted in the condition recorded. The Renter will return it in the same condition, ordinary wear excepted, and clean of debris and cargo.

6. RISK OF LOSS
The Renter bears all risk of loss, theft, or damage to the Equipment while it is in the Renter's possession, whether or not the Renter is at fault, until the Owner inspects and accepts its return.

7. DAMAGE, LOSS, AND REPAIR CHARGES
Damage beyond ordinary wear is charged to the Renter, including but not limited to tires, lights, wiring, flooring, gates, and structural damage. Tires must be returned in the condition they went out in; flat-spotting caused by incorrect brake controller settings is damage, not wear. Equipment that is lost, stolen, or damaged beyond economical repair is charged at full replacement value. A cleaning fee applies if the Equipment is returned excessively dirty.

8. LOSS OF USE
Where the Equipment is out of service because of damage, loss, or cleaning for which the Renter is responsible, the Renter also owes the Owner's lost rental income for that period at the applicable daily rate, together with reasonable towing, recovery, storage, and administrative costs.

9. SECURITY DEPOSIT
The security deposit stands against damage, late return, cleaning, and any unpaid charges. It is taken in one of two ways, and the Renter is told which before the card is presented. Ordinarily it is an authorization: the amount is reserved on the Renter's card and does not leave the Renter's account. Where the rental runs longer than the card networks allow an authorization to stand, the deposit is instead charged to the card and the money does leave the Renter's account. After the Equipment is returned and inspected, the Owner returns the deposit less any amounts properly owed, ordinarily within 14 days; where the deposit was charged, that return is a refund and may take several further days to appear on the Renter's statement. If charges exceed the deposit, the Renter remains liable for the balance.

10. SAFE TOWING AND LAWFUL USE
The Renter is responsible for safe towing: a correctly rated hitch and tow vehicle, working lights and brakes, a properly secured load, and compliance with all legal weight limits. The Renter will obey all traffic, licensing, and transportation laws while towing the Equipment.

11. PROHIBITED USES
The Renter will not: sublet, lend, or assign the Equipment to anyone else; use it for any unlawful purpose; carry hazardous, illegal, or improperly secured materials; exceed its rated load capacity; permit any driver other than the Renter or a driver authorized by the Owner to tow it; or remove it from the state in which it was rented without the Owner's written consent.

12. ACCIDENTS, THEFT, AND REPORTING
The Renter must report any accident, injury, theft, breakdown, or damage to the Owner as soon as possible, and in any event within 4 hours of it happening or being discovered, and must report any accident or theft to the police within the same period. The Renter must tell the Owner where the Equipment is whenever asked, and will not sell, pledge, conceal, or modify it. Equipment obtained with false identification may be reported to law enforcement.

13. INSURANCE
The Renter must hold valid liability insurance on the tow vehicle, and the Renter's insurance is primary for any claim arising out of the use of the Equipment. The Owner's own coverage, if any, does not extend to the Renter. The Renter understands that most personal auto policies do NOT cover physical damage to a rented trailer, and that under clauses 6 and 7 the Renter is responsible for that damage whether or not any policy pays for it.

14. NO WARRANTIES
THE EQUIPMENT IS PROVIDED "AS IS" AND "WHERE IS", WITH ALL FAULTS. THE OWNER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The Owner warrants only that the Equipment is in working order when it is handed over, and the Renter accepts it in the condition recorded at pickup.

15. RELEASE AND LIMITATION OF LIABILITY
Except for liability the Owner cannot lawfully exclude, and except to the extent caused by the Owner's own negligence, gross negligence, or willful misconduct, the Owner is not liable for any injury, death, property damage, delay, or economic loss arising out of the Renter's possession or use of the Equipment, and the Renter uses the Equipment at the Renter's own risk. The Owner is not liable for indirect or consequential loss, or for any delay or failure to perform caused by events outside its reasonable control. Nothing in this agreement limits the Owner's duty to hand over Equipment that is in working order and has been maintained and inspected as the Owner's records show.

16. INDEMNIFICATION
The Renter will indemnify, defend, and hold the Owner harmless from any claim, demand, loss, damage, fine, or cost (including reasonable attorney's fees) arising out of the Renter's possession, towing, or use of the Equipment, or any breach of this agreement — except to the extent the claim arises from the Owner's own negligence, gross negligence, or willful misconduct, or from Equipment that was not fit to be released. These obligations survive the end of the rental period and the termination of this agreement.

17. DEFAULT AND REPOSSESSION
If the Renter breaches this agreement, the Owner may take back the Equipment wherever it is lawfully found, without breach of the peace and without further notice, and the Renter is responsible for the Owner's reasonable recovery, collection, and legal costs. If either party brings an action to enforce this agreement, the prevailing party is entitled to recover its reasonable attorney's fees and costs.

18. PAYMENT
The Renter agrees to pay all rental charges, taxes, late fees, tolls, traffic and parking citations, fines, and damage or cleaning charges when due, together with a reasonable administrative fee for processing any of them. The Renter authorises the Owner to charge these amounts to the payment method the Renter has on file, and to reserve credit against that method for charges expected during the rental. For any charge raised after the Equipment is returned, the Owner will first send the Renter an itemized statement of what is being charged and why, and will allow at least 7 days for the Renter to query it before taking payment. Unpaid amounts may also be deducted from the security deposit under clause 9.

19. THE RENTER'S PERSONAL INFORMATION
To complete this rental the Owner collects the Renter's contact details and identification, which may include an image of the Renter's driver's license. The Owner uses this to verify identity, to perform this agreement, and to keep the records the law and its insurers require. The Owner does not sell it. License images are deleted on the Owner's published retention schedule once they are no longer needed for those purposes. The Owner's privacy notice says how the Renter can ask what is held, ask for it to be corrected, or ask for it to be deleted where the law gives that right.

20. GOVERNING LAW
This agreement is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules, and any dispute arising out of it will be resolved in the state or federal courts located in Tennessee.

21. ENTIRE AGREEMENT AND SEVERABILITY
This is the entire agreement between the parties about the Equipment and supersedes any prior understanding. It may not be amended except in writing signed by both parties. If any provision is found unenforceable, it is to be narrowed only so far as needed to make it enforceable, or severed if it cannot be, and the remaining provisions stay in full effect.

22. ACKNOWLEDGEMENT
The Renter has read and understood this agreement and agrees to it. The Renter agrees to sign and to receive this agreement and related records electronically, and can ask the Owner for a paper copy. An electronic signature has the same legal effect as a handwritten one.

Questions about any of this? Ask us before you book — it is a great deal easier to answer at the counter than afterwards.