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. If 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 for all
damage to, or loss or theft of, the You are responsible for 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 repairs 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. Prohibited Uses. The following uses of Trailer are prohibited: ( a) transporting dangerous
or hazardous item s or illegal material; ( 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, willful
or reckless conduct; and, ( m ) damaging the Trailer by placing signs, lettering or painting
on the Trailer.
6. Insurance. We provide primary collision and comprehensive insurance on the Trailer with
a per occurrence deductible. You have notified your insurance agent of your intention to
haul the Trailer. You have been advised by your agent that your liability Our insurance has a
per-occurrence deductible, the amount of which is shown as Dealers’ Deductible on the
reverse. You and property damage insurance cover your risk of liability for injury and/or
damage to others or their property and your insurance policy are responsible for damage to
the Trailer up to the deductible amount. The coverage does not extend to the contents of
the have been endorsed accordingly. You must provide liability insurance coverage on the
Trailer during the entire length of the rental period Trailer. You must provide liability
insurance coverage on the Trailer through the motor vehicle insurance policy covering the
that will cover any and all incidents or accidents while the trailer is in your possession
through the motor vehicle insurance policy covering the towing vehicle.
7. Charges. You agree to pay us on demand for all charges due 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. Trailer Tracking. MAD Solutions Rentals utilizes a tracking system to monitor the location
of the trailers rented out. This tracking system is solely for the purpose of ensuring the
security of the trailers and aiding in the recovery process in the event of theft or
unauthorized use. By signing this Agreement, you acknowledge and consent to the Trailer
Rental Company's use of tracking technology on the Trailer during the rental period. The
tracking information collected will be treated as confidential and will only be accessed by
authorized personnel of the Trailer Rental Company or law enforcement agencies, as
necessary, for the purpose of recovering stolen or misused trailers. The tracking data will
not be shared or used for any other purposes unrelated to the security and protection of
the Trailer. The renter agrees not to tamper with, disable, or remove any tracking devices or
equipment installed by the Trailer Rental Company. Any attempts to interfere
with the tracking system may result in penalties and potential legal action. The Trailer
Rental Company shall not be liable for any damages or claims arising from the use of the
tracking system, except in cases of negligence or willful misconduct. The renter releases
the Trailer Rental Company from any liability associated with the use of tracking
technology, including but not limited to, any inaccuracies in location data or disruptions in
tracking service.
9. Deposit. We may use your deposit to pay any monies owed to us under this Agreement,
including our estimate of damages to the Trailer.
10. 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.
11. 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. If any provision of this
Agreement is deemed void or unenforceable, the remaining provisions are valid and
enforceable.
12. Damage Authorization: Renter hereby authorizes Owner to charge the credit card
provided for any and all damages that occur to the rented trailer during the rental period.
This includes, but is not limited to, damages resulting from accidents, negligence, misuse,
theft, or vandalism. Renter acknowledges that any such charges will be made in
accordance with the rates specified in the contract and subject to any applicable laws and
regulations.
13. Return of Trailer: Renter shall return the trailer to Owner in the same condition as
received, ordinary wear and tear excepted. Any damages beyond ordinary wear and tear
shall be the responsibility of Renter as per the terms of this Contract.
14. Final Charges: Owner will assess and charge any applicable fees for damages within a
reasonable time after the trailer is returned. Renter will be provided with a detailed
breakdown of any charges, including documentation of damages and repair costs.
15. Livestock Clause: Livestock Transportation Disclaimer. The Trailer Rental Company
shall not be held responsible for any loss of animals or death of animals during the
transportation of livestock. "Livestock" refers to animals such as cows, horses, pigs, sheep,
and other farm animals. The renter acknowledges that the transportation of livestock
involves inherent risks and that the renter assumes full responsibility for the safety and
well-being of the animals during transit. The renter further agrees to indemnify and hold the
Trailer Rental Company harmless from any claims, liability, costs, or attorney fees arising
from the loss or death of animals during the rental period. In the event that a dead animal is
found in the trailer upon return, the renter shall be responsible for any disposal fees
incurred. Additionally, the Trailer Rental Company is not responsible for any injuries
sustained by animals while the renter is utilizing the trailer.
By signing this Agreement, you acknowledge that you have read and understand the above
terms and conditions related to the use of the tracking device on the Trailer and agree to be bound by them.
