Rental Contract

EQUIPMENT RENTAL AGREEMENT

IMPORTANT: PLEASE READ CAREFULLY

BY ACCEPTING DELIVERY OF, PICKING UP, OR USING ANY RENTED EQUIPMENT, THE CUSTOMER AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT ("Agreement").

1. RECEIPT AND CONDITION OF EQUIPMENT

Customer acknowledges that all rented equipment, trailers, accessories, and related items (collectively, the "Equipment") listed on this Agreement have been received in good, safe, and operable condition, unless otherwise noted at the time of delivery or pickup. Customer accepts the Equipment "AS IS" and "WITH ALL FAULTS." Any claims of damage or malfunction must be reported immediately upon receipt.

2. CUSTOMER RESPONSIBILITY & ASSUMPTION OF RISK

Customer assumes full responsibility for the Equipment from the time it leaves Hurricane Equipment Rentals (“HER”) possession until it is returned, inspected, and accepted by HER. This responsibility includes, but is not limited to:

Proper loading, unloading, securing, towing, transportation, operation, maintenance, and storage of the Equipment;

Safe and lawful use of the Equipment; compliance with all manufacturer instructions, safety guidelines, and applicable local, state, and federal laws. Customer assumes all risk of loss, theft, damage, destruction, or misuse of the Equipment, regardless of cause.

3. DAMAGE, LOSS & TOTAL LOSS OF EQUIPMENT

Customer is responsible for all loss or damage to the Equipment, including but not limited to tires, tracks, hydraulic systems, frames, trailers, and accessories. Customer is responsible for repair costs for any damage, up to $5,000, which represents Hurricane Equipment Rentals’ insurance deductible, unless otherwise stated herein.

Severe Damage / Total Loss: In the event the Equipment or trailer is deemed by HER to be severely damaged, totaled, destroyed, or unsafe to repair, Customer agrees to pay the full replacement value of the Equipment or trailer based on its pre-damage fair market value, as determined by HER.

Customer shall not attempt repairs without prior written approval from HER.

4. LOSS OF USE / DOWNTIME CHARGES

In the event of damage caused by Customer negligence, misuse, abuse, or violation of this Agreement, Customer agrees to pay loss-of-use charges for the period the Equipment is unavailable for rent while being repaired or replaced. Loss-of-use charges shall be calculated based on HER’s standard rental rates.

5. NO WARRANTIES & NO REFUNDS

Hurricane Equipment Rentals makes NO WARRANTIES, expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Customer acknowledges that no representations or promises have been made regarding the performance or condition of the Equipment.

NO REFUNDS: Customer understands and agrees that no refunds, credits, or discounts will be issued due to weather conditions, including but not limited to heat, wind, rain, snow, or other acts of nature. No refunds will be provided for unused Equipment that remains out for the full rental period without prior communication and approval from Hurricane Equipment Rentals.

6. OPERATOR QUALIFICATIONS & LICENSE REQUIREMENTS

All operators and drivers must be at least 18 years of age and possess a valid government-issued driver’s license.

No Equipment or trailer may be towed, transported, or operated by any person without a valid driver’s license.

Customer is responsible for verifying that all operators are properly trained and legally qualified to use the Equipment.

7. SAFETY & OPERATING INSTRUCTIONS

Customer agrees that all operators will: Read and follow all warnings, operating manuals, and safety instructions (available online or upon request); Use all required safety equipment; Provide adult supervision at all times when required; Comply with OSHA and industry safety regulations.

OSHA REQUIREMENT: A safety harness is required when using any manlift or scissor lift. Customer acknowledges that this requirement has been disclosed through posted notices, written materials, verbal communication, and/or operating manuals. The availability or offer of safety equipment, including harnesses, does not relieve Customer of responsibility for compliance with OSHA and all applicable safety regulations. Customer accepts full responsibility for their own safety and the safety of others while using the Equipment.

8. INDEMNIFICATION & HOLD HARMLESS

Customer agrees to defend, indemnify, and hold harmless Hurricane Equipment Rentals, its owners, employees, and agents from and against any and all claims, demands, damages, losses, injuries, liabilities, fines, penalties, and expenses (including attorney fees) arising from or related to: Customer’s use, misuse, transportation, or operation of the Equipment;

Injury or death of any person; Damage to property; Acts or omissions of Customer or any third party using the Equipment.

9. FAILURE TO RETURN / RETAKING OF EQUIPMENT

If Customer fails to return the Equipment at the agreed-upon time, Customer agrees to pay all additional rental charges and fees.

If Customer refuses or fails to return the Equipment, Customer authorizes Hurricane Equipment Rentals and its agents to take all reasonable actions necessary to recover the Equipment, without prior notice or legal process. Customer shall be responsible for all associated costs, including but not limited to recovery, towing, transport, pickup, storage, administrative fees, and third-party recovery charges, whether performed by Hurricane Equipment Rentals or a third party.

10. ATTORNEY FEES, COLLECTION COSTS & PAYMENT AUTHORIZATION

Customer agrees to pay all reasonable attorney fees, court costs, collection costs, and expenses incurred by Hurricane Equipment Rentals in enforcing this Agreement or recovering Equipment or damages.

Customer authorizes Hurricane Equipment Rentals to charge the credit or debit card on file for any unpaid rental charges, damage costs, loss-of-use charges, recovery expenses, fees, or other amounts owed under this Agreement, without further notice, to the extent permitted by Utah law.

11. CREDIT CARD PRE-AUTHORIZATION

Customer authorizes Hurricane Equipment Rentals to place a pre-authorization hold on the credit or debit card on file prior to release of the Equipment. The pre-authorization amount may be used to cover unpaid rental charges, damage, loss, cleaning, fuel, recovery, loss-of-use, administrative fees, or other amounts owed under this Agreement.

Pre-authorization does not limit Customer’s total financial responsibility.

12. TRAILER TOWING & TRANSPORT REQUIREMENTS

When renting any trailer or towable Equipment, Customer agrees: Vehicle used for towing must be rated to safely tow the rented trailer and load; Proper hitch, ball size, safety chains, lighting connections, and brake controllers (if required) must be used; Load must be properly secured at all times; Trailer shall not be overloaded, modified, or used for purposes other than intended; Customer assumes full responsibility for all damage, accidents, citations, fines, or violations arising from towing or transport.

Hurricane Equipment Rentals makes no representation regarding the suitability of Customer’s vehicle for towing.

13. THEFT & ABANDONMENT

Customer acknowledges that any failure to return Equipment, concealment of Equipment, unauthorized transfer, or refusal to disclose the location of Equipment may be treated as theft. Customer agrees to immediately report any theft, loss, or disappearance of Equipment to Hurricane Equipment Rentals and local law enforcement. Abandonment of Equipment at any jobsite, roadway, or third-party location without prior written approval shall be deemed a breach of this Agreement. Customer shall be responsible for the full replacement value of the Equipment, loss-of-use charges, recovery costs, and any related expenses.

14. FUEL, CLEANING & RESTORATION FEES

Customer agrees to return all Equipment with the same fuel level as at the start of the rental. Any fuel added by Hurricane Equipment Rentals after return shall be charged to Customer at Hurricane Equipment Rentals’ posted or determined price per gallon, plus applicable service fees.

Equipment returned excessively dirty, caked with mud, concrete, debris, or otherwise requiring cleaning beyond normal wear and tear shall be subject to a cleaning and restoration fee. Cleaning fees will be assessed based on the condition of the Equipment and time required to restore it to rentable condition.

CUSTOMER ACKNOWLEDGMENT

Customer acknowledges that they have read, understand, and agree to all terms and conditions of this Agreement and accept full responsibility for the Equipment.

TRAILER-ONLY ACKNOWLEDGMENT & RESPONSIBILITY AGREEMENT

This Trailer-Only Acknowledgment part of the Hurricane Equipment Rentals Equipment Rental Agreement and applies to all trailer rentals, whether rented alone or in connection with other Equipment.

TRAILER CONDITION & ACCEPTANCE

Customer acknowledges that the trailer has been inspected prior to departure and is accepted in good, safe, and roadworthy condition, unless otherwise noted in writing at the time of pickup. Customer confirms that lights, coupler, safety chains, tires, ramps, and brakes (if equipped) are present and operational at the start of the rental.

TOW VEHICLE REQUIREMENTS

Customer represents and warrants that: The tow vehicle is properly registered, insured, and in safe operating condition; The tow vehicle is rated to tow the rented trailer and intended load, including tongue weight; The correct hitch ball size, coupler rating, safety chains, and electrical connections are used; A brake controller is installed and functioning if required for the trailer.

Hurricane Equipment Rentals does not verify or guarantee the suitability of Customer’s tow vehicle.

CUSTOMER RESPONSIBILITY & LIABILITY

Customer assumes full responsibility for the trailer from pickup until return, including but not limited to: All damage to the trailer, tires, axles, lights, ramps, brakes, frame, and accessories; Damage to Customer’s vehicle or any third-party vehicle or property; All citations, tickets, tolls, fines, impound fees, and violations arising from towing or transport; Proper load distribution, securement, and compliance with all laws.

PROHIBITED USE

Customer agrees the trailer shall NOT be: Overloaded or used beyond its rated capacity; Modified, repaired, or altered without written approval; Subleased, loaned, or operated by any unauthorized person; Used off-road, in unsafe conditions, or in violation of any law.

DAMAGE, LOSS & TOTAL LOSS

Customer is responsible for all damage or loss to the trailer, including tires and wheels. In the event the trailer is damaged beyond reasonable repair, destroyed, abandoned, or not returned, Customer agrees to pay the full pre-damage fair market value of the trailer, plus loss-of-use, recovery, and administrative costs.

ACKNOWLEDGMENT

Customer acknowledges that improper towing and loading present serious risks, including property damage, injury, or death, and accepts full responsibility for safe operation.

TERMS & CONDITIONS OF RENTAL

These Terms and Conditions form part of and are incorporated into the Hurricane Equipment Rentals Equipment Rental Agreement (the “Agreement”). By renting, taking possession of, or using any equipment or trailer, Customer agrees to all terms below.

1. RENTAL PERIOD

The rental period begins when Equipment leaves HER’s possession and ends only when Equipment is returned, inspected, and accepted by HER during normal business hours. Early return does not entitle Customer to a refund unless approved in writing by HER. Rental rates are based on both time out and hour meter usage, regardless of whether the Equipment is used. Equipment will be charged for the full rental period even if not used.

-A half-day rental is four (4) hours from departure and must not exceed four (4) hours on the hour meter.

-A full-day rental is a twenty-four (24) hour period and must not exceed eight (8) hours on the hour meter.

Additional usage beyond included hours will be charged at $40 per hour.

Weekend Rentals: Equipment rented for the weekend and returned by 7:30 a.m. Monday will be charged as a one (1) day rental, provided total hour-meter usage does not exceed eight (8) hours.

A $50 late fee will be charged for all rentals returned late without prior notification. If Equipment is more than one (1) hour late, Customer will be charged an additional half-day rental rate.

2. PAYMENT TERMS

Full payment is due upfront prior to release of any Equipment. All cash rentals require a valid credit or debit card to be kept on file for security, damage, fees, or additional charges. All rental charges, deposits, fees, and taxes are due as agreed at the time of rental. HER reserves the right to require advance payment, deposits, or pre-authorizations. Past-due balances may result in suspension of rental privileges.

3. USE OF EQUIPMENT

Equipment shall be used only for its intended purpose, in a careful and lawful manner, and only by properly trained and qualified persons. Equipment shall not be altered, overloaded, misused, or operated under unsafe conditions.

4. INSPECTION & MAINTENANCE

Customer is responsible for daily inspection of Equipment and must immediately discontinue use and notify HER if Equipment becomes unsafe, damaged, or malfunctions. Customer shall not perform repairs without written authorization.

5. DAMAGE, LOSS & RESPONSIBILITY

Customer bears all risk of loss, theft, or damage to Equipment from any cause during the rental period. Customer remains responsible regardless of fault, weather, vandalism, or third-party actions.

6. LOSS OF USE

Customer agrees to pay loss-of-use charges for Equipment rendered unavailable due to damage, repair, cleaning, or replacement resulting from Customer’s actions or negligence.

7. FUEL, CLEANING & RESTORATION

Equipment must be returned with the same fuel level as at rental start. Fuel added by HER will be charged at HER’s posted or determined rate per gallon. Equipment returned excessively dirty or contaminated shall incur cleaning or restoration fees. Excessively dirty includes being caked with dirt, mud, concrete, or debris, or requiring cleaning beyond normal wear and tear. Cleaning fees vary by Equipment type and are based on condition and labor required to restore the Equipment to rentable condition.

8. NO REFUNDS

No refunds or credits will be issued for weather conditions, acts of nature, early return, downtime, or unused Equipment that remains out for the full rental period without prior communication and approval.

9. SAFETY & OSHA COMPLIANCE

Customer agrees to comply with all safety rules, operating manuals, and OSHA requirements. Customer is solely responsible for ensuring all operators use required safety equipment and follow all laws and regulations.

10. LICENSE & QUALIFICATIONS

All drivers and operators must possess a valid driver’s license and any required certifications. Customer is responsible for verifying qualifications of all users.

11. THEFT, ABANDONMENT & RECOVERY

Failure to return Equipment, concealment, unauthorized transfer, or abandonment may be treated as theft. Customer is responsible for full replacement value, recovery costs, loss-of-use, and related expenses.

12. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Hurricane Equipment Rentals from all claims, damages, losses, liabilities, and expenses arising from use, misuse, transportation, or possession of Equipment.

13. DEFAULT

Customer is in default if payment is not made when due, Equipment is misused, or any term is violated. Upon default, HER may terminate the rental, recover Equipment, and pursue all remedies allowed by law.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by Utah law, Hurricane Equipment Rentals shall not be liable for indirect, incidental, or consequential damages, including lost profits or delays.

15. ATTORNEY FEES & COLLECTIONS

Customer agrees to pay all attorney fees, court costs, and collection expenses incurred by HER in enforcing the Agreement.

16. SEVERABILITY

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

17. ACCEPTANCE

Customer acknowledges that these Terms and Conditions have been read, understood, and agreed to as part of the Equipment Rental Agreement.