FAST FUN RENTALS RENTAL CONTRACT:
TERMS OF USE
EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS (“AGREEMENT”)
- GENERAL
This Agreement is between Fast Fun Rentals, Inc. (“FFR”) and the customer identified on the front page of this Agreement (“Renter”). FFR will provide Renter the trailers, enclosed trailers, utility trailers, dump trailers (collectively, “Equipment”) described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. FFR will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the front page of this Agreement (“Rental Price”). Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 10. To the extent Renter has entered into a Master Rental Agreement (“MRA”) with FFR and the terms of the MRA and this Agreement conflict, then the terms of the MRA will govern.
- PAYMENT
Renter is responsible for all charges due in full at the commencement of the Rental Period or upon FFR’s request, using a payment card approved by FFR (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes FFR to process all amounts due, on Renter Card (including vehicle rental, traffic law violations and parking citations, and any applicable administrative charge). In the event Renter cancels delivery of equipment within 12 hours of the scheduled delivery time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify FFR in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of FFR rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.
- PERMITTED USE/RESTRICTIONS / MAINTENANCE
Renter agrees that FFR has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that: (a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use; (b) Renter has received all information requested regarding the operation of the Equipment; (c) FFR is not responsible for providing operator or other training unless requested by Renter; (d) Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner; (e) The Equipment will be kept in a secure location; (f) Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this Agreement; (g) Renter will keep the Equipment free and clear of all liens, charges and encumbrances; (h) Renter will use the Equipment in compliance with all applicable laws and regulations; (i) Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions; (j) Renter will not aid in the vandalism or theft of the Equipment; (k) Renter will not rent the Equipment upon the basis of false or misleading information; (l) Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability to operate the Equipment; and (m) Renter will not remove, operate, or utilize the Equipment outside of the United States, Canada or Guam.
Equipment Return. (a) On or before on the date and at the time specified in the Agreement, Renter will return the Equipment to FFR location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 3, a cleaning charge, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 8 below). If the Equipment is not returned at the expiration of the Rental Period or if FFR determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and FFR may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment. (b) Additional Failure to Return Provisions:
SPECIAL NOTICES
Telematics. The Equipment may be equipped with a telematics device that enables FFR or its fleet management provider to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems), and systems status information. FFR may use the information for various purposes, including, but not limited to: (i) locating lost or stolen Equipment; (ii) analyzing and improving FFR’s rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. FFR may share information collected with companies performing services for FFR, and as deemed necessary by FFR, (A) to comply with legal process or a request from a governmental entity, and (B) to protect FFR’s rights and property.
Investigations. All Renters will promptly complete incident reports, deliver to FFR a copy of all related documents, and fully cooperate with FFR’s investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by FFR.
- EQUIPMENT DAMAGE / REPAIRS / PROTECTION
I. (a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to tools and equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for FFR’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”). (b) Tool Damage Protection. Tool damage protection is an optional service offered by FFR that, if selected, modifies this Agreement to relieve Renter of repair charges, replacement charges or Administrative Charges if the Equipment is damaged during normal use during the Rental Period (“Tool Damage Protection”). Renter must accept or decline the Tool Damage Protection. In the event Renter elects Tool Damage Protection services: (i) the charge for Tool Damage Protection is 15% of the Rental Price and will appear as a separate line-item on the Agreement and on the invoice; and (ii) Tool Damage Protection does not cover loss of or damage to tools and large equipment caused by anything other than normal use, including damage caused by theft, abuse, misuse, neglect, or intentional acts. Renter expressly acknowledges and agrees that Renter will be responsible for all loss or damage caused by anything other than normal use of tools and equipment. Tool Damage Protection is not insurance and FFR may make a profit on its Tool Damage Protection. (c) Repairs. In the event Renter does not elect to purchase Tool Damage Protection, Renter agrees that an estimated “Repair Cost” will be charged for tools and equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes FFR to charge the Repair Cost to the Renter Card. All maintenance or repairs must be performed by FFR.
- LIMITATIONS OF LIABILITY
For Tool and Equipment Rentals. DURING THE RENTAL PERIOD, RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE TOOLS AND LARGE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, RENTER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. RENTER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE TOOLS AND EQUIPMENT UNLESS RENTER PURCHASED TOOL DAMAGE PROTECTION, WHICH ALLEVIATES CERTAIN COSTS AND RESPONSIBILITIES, AS PROVIDED IN SECTION 4. FAILURE TO RETURN THE TOOLS AND EQUIPMENT COULD LEAD TO RENTER BEING PROSECUTED FOR A CRIME.
- NO WARRANTIES
FFR does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. FFR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against FFR.
- INDEMNIFICATION
- EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY INDEMNIFIES, RELEASES, AND HOLDS FFR HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS WHICH ARE EXCLUDED FROM OR IN EXCESS OF THE LIABILITY PROTECTION PROVIDED BY FFR; (II) ALL CLAIMS BY OR AGAINST FFR ARISING OUT OF RENTER’S OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST FFR ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY. (b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, FFR WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST FFR FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.
- DEFAULT AND REMEDIES
- Failure to Extend Rental Period: To extend the Rental Period, Renter must obtain FFR’s written approval prior to the expiration of such Rental Period. Should Renter fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3 (III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) until the first to occur of the following: (i) the Equipment is returned; (ii) FFR has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires. (b) Breach of Terms and Conditions. In the event that FFR determines Renter has violated any term or condition of this Agreement, FFR may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event FFR must take actions pursuant to this Section 8(b) or Section 3(III), Renter will reimburse FFR for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes FFR to charge to the Renter Card, all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, FFR will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period. (c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. FFR is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to FFR are paid in full. Renter is prohibited to use any FFR credit line to pay for delinquent or past due accounts and any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3'd party collection agency on the 31st day after the expiration of the Rental Period. (d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY FFR OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should FFR fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at FFR’s sole discretion.
- CONSENT TO COMMUNICATION VIA TEXTING
If Renter has consented to receive updates about Equipment via text message, Renter understands and agrees that by providing this consent, Renter may receive up to 5 autodialed informational messages at the mobile phone number Renter provided between the hours of 7am and 6pm. Renter understands and agrees that this consent is not required or a condition of purchasing any products and services and that Renter can opt out at any time by texting text STOP to 1-870-761-2668 to stop (Renter will be sent a confirmation message) or call 1-870-761-2668 or 1-870-243-7203. Standard message and data rates apply. Not all carriers are covered. For questions, contact 1-870-761-2668.
- NOTICES
FFR may elect to send any notices to Renter by any means determined by FFR. In particular, if Renter has provided FFR with an email address, FFR may send notices to Renter by email and such email notice by FFR will be valid notices for purposes of this Agreement.
- RENTER’S INDEPENDENT STATUS
The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of FFR for any purpose.
- GOVERNING LAW
This Agreement will be construed in accordance with the laws of the State of Arkansas.
- SEVERABILITY
If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforce as so limited.
- ENTIRE AGREEMENT
This Agreement represents the entire agreement between FFR and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.
- STATEMENTS OF UNDERSTANDING (ALL EQUIPMENT)
Customer acknowledges that I am the only person authorized to operate the Equipment and am responsible for the following:
• Ensuring my vehicle is able to tow the Equipment and trailer.
• Cost of injury to a person or any damage to the Equipment incurred during the transport or use of the Equipment, including tire damage/flat tires.
• If the Equipment is returned: (i) dirty - a cleaning charge; (ii) without a key - a lost key fee.
• If the Equipment is unavailable for pick up at contract specified time, a trip charge fee.
• If Equipment tips over, Customer will immediately switch off the unit and call FFR.
• Replacing the fuel used during this rental.
• Being OSHA/ANSI/EPA compliant during the use of the Equipment.
• Reviewing the operation and safety manual.