COMMERCIAL TRAILER RENTAL AGREEMENT TERMS AND CONDITIONS-PRIMARY

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 who 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. Every authorized Driver mist have a valid driver’s license and be at least age 25. “Trailer” means the non-motorized towed trailer identified in this agreement and any Trailer we substitute for it, all the trailers, equipment, keys, and trailer documents. The trailer may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. “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 my 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 market value of the Trailer before damage and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Trailer until the Trailer is either returned to or recovered by us and checked in by us.

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. Your Representations and Warranties. You represent and warrant that: the towing vehicle that you use during the Rental Period has the capacity and necessary equipment to tow the trailer; any load will be properly loaded and placed for safe operation of the trailer; and you will ensure that when towing the trailer, it is properly secured and connected to the towing vehicle and will use safety chains, cables, locking devices, and other similar devices meeting the requirements of applicable law.

4. Condition of Return of Trailer. You must return the trailer to the address you picked it up from 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 hour, you remain responsible for the safety of and any damage to, the trailer until we inspect it upon our next opening for business and Charges may continue to accrue. Service to the trailer or replacement of parts or accessories during the rental must have our prior written approval.

5. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of, the trailer. Your responsibility will include: (a) all physical damage to the trailer measured as follows: (i) if we determine that the trailer is a total loss, the actual cash value of the trailer, less salvage: (ii) if we determine that the trailer is repairable: (A) the difference between the value of the trailer immediately before the damage and the value immediately after the damage; or (b) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the trailer is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable; up to $1000; (d) towing, storage, impound charges and other reasonable incidental and consequential damages and (e) all costs associated with our enforcement Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

6. Prohibited Uses. The following uses of trailer are prohibited and constitute breaches of this Agreement: (a) Towing the trailer: (i) by anyone is not an Authorized Driver, or by anyone whose driver’s license is suspended in any jurisdiction; (ii) by anyone under the influence of drugs or alcohol; (iii) by anyone who obtained the trailer or extended the rental period by giving us false, fraudulent or misleading information; (vi) outside of the United States; (vii) when loaded beyond the manufacturer’s suggested tow rating for the trailer; (viii) when it is reasonable to expect you to know that further operation would damage the trailer; (ix) in a manner that causes damage to the Trailer due to inadequately secured cargo; (x) your towing vehicle when your vehicle has insufficient towing capacity as determined by the manufacturer of your vehicle; or (xii) by anyone who is sending or receiving an electronic message, including text (SMS) messages or emails, while operating the towing vehicle; (b) failing to properly load materials and distribute the weight of those materials to allow safe operation of the Trailer; (c) Failing to properly secure the Trailer to the towing vehicle; (d) Failing to summon the police to an accident involving the Trailer; (d) Damaging the Trailer by your intentional wanton, willful or reckless conduct; (e) Transporting passengers in or on the Trailer while the Trailer is being towed. PROHIBITED USE OF THE TRAILER VIOLATES THIS AGREEMENT AND VOIDS ALL INSURANCE COVERAGE (WHERE PERMITTED BY LAW.)

7. Insurance. We provide collision and comprehensive insurance on the Trailer with a deductible. You are responsible for the deductible amount. This insurance does not cover Loss of Use or our administrative expenses incurred processing a damage claim. Coverage is void if you materially breach this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Trailer. You are responsible for all damage to the Trailer that is not covered by our insurance policies or that is in excess of our insurance limits. We do not provide liability insurance coverage on the towing vehicle. You are responsible for all damage or injury you cause to third parties and agree to provide liability insurance coverage on the trailer through the insurance policy that covers your towing vehicle.

8. Charges and Costs. 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 cost 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 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. You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card issuer rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 21 days to process and return. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) optional products and services you purchased; (c) taxes and surcharges; (d) all expenses we incur in locating and recovering the Trailer if you fail to return it or if we elect to repossess the Trailer under the terms of this Agreement; (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 reasonable fee not to exceed $50 to clean the Vehicle if returned substantially less clean than when rented; (g) a surcharge if you return the Trailer to a location other than the location where you rented the Trailer or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; (h) replacement cost of lost or damaged parts and supplies used in Optional Equipment; and (i) 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. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.

9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Trailer or in any service vehicle on our property, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

10. Responsibility for Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Trailer during the Rental Period. If we are notified by the charging authorities that we may be responsible for payment of a Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $100 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.

11. Our Responsibility to You if the Trailer becomes Inoperable. If the Trailer becomes inoperable for more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the Trailer is inoperable.

12. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Trailer.

13. Miscellaneous. 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 void. 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 waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, 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. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.

By checking the box, you agree to the terms and conditions of this Agreement and any other document that you sign; acknowledge that you had an opportunity to read the entire Agreement before checking the box; authorizes us to process a separate credit/debit card transaction in your name for all Charges, including but not limited to; Tolls and Violations, damage/theft of equipment up to $1,000; and authorizes us to release your billing/rental information to third parties for billing/processing purposes. All Charges are subject to final audit.