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This document is an inclusive Rental Agreement containing multiple parts. Customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All of the terms herein are incorporated into this and all past and future contracts between TX Rental Guy and Customer upon Customer’s receipt of TX Rental Guy’s Equipment under those contracts. Any reference in Customer's purchase order or other Customer document to other terms that shall control this transaction shall be void. Customer rents the Equipment from TX Rental Guy pursuant to this Contract. This Contract is a true lease. The Equipment (a) is and shall remain the personal property of TX Rental Guy and (b) shall not be affixed to any other property. You acknowledge that the information you provided in regard to your Contact Information, Driver's License, and Insurance Policy are correct. You authorize us to process a credit card voucher for all charges due to us under this agreement, including later payment of any traffic, toll, or parking violations assessed against the Equipment. You agree that if you paid by with a method different than credit card, that you will pay all monies owed upon acknowledgement / invoice of monies due.

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", "your", or "I" 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 Equipment to you. "Authorized Driver" means you and any additional driver listed by us on this Agreement. "Equipment" means any motorized or non-motorized rented out by us identified in this Agreement and any Equipment we substitute for it. "Loss of Use" means the loss of our right to use the Equipment for any reason because of damage to it, failure to return, or loss of it during this rental, this also applies to no charge items included. Loss of Use is calculated by multiplying the number of days from the date of loss or damage to the Equipment until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the Equipment just prior to damage or loss less the value of the Equipment after its repair. If we elect not to repair the Equipment “Diminished Value” means the difference between the actual cash value of the Equipment just prior to damage or loss less the salvage or sale value of the Equipment.

2. Rental, Indemnity and Warranties:

This is a contract for rental of Equipment. We may repossess the Equipment at your expense without notice to you, if the Equipment 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 Equipment. We make no warranties, express, implied, or apparent, regarding the Equipment, no warranty of merchantability and no warranty that the Equipment is fit for a particular purpose.

3. Condition and Return of Equipment:

You must return the Equipment 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 Equipment is returned after closing hours, you remain responsible for the safety of, and any damage to, the Equipment until we inspect it upon our next opening for business. You acknowledge you will be charged a late fee of $50 per hour plus other fees incurred. Service to the Equipment or replacement of parts or accessories during the rental must have our prior written approval.

4. Responsibility for Damage or Loss:

Reporting to Police. You are responsible for all damage to, or loss or theft of, the Equipment, 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 repair or the actual retail cash value of the Equipment 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 Equipment to us and the police within 24 hours of occurrence. You are required to provide us with a copy of the police report.

5. Prohibited Uses:

The following uses of Equipment are prohibited: ( a) transporting dangerous or hazardous items or illegal materiel; ( b) transporting living persons; ( c) towing or operating the Equipment by anyone under the influence of drugs or alcohol; ( d) allowing the Equipment to be towed by anyone who is not a renter or an Authorized Driver; ( e) any use of the Equipment by anyone who obtained the Equipment or extended the rental period by giving us false, fraudulent or misleading information; ( f) use of the Equipment 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 Equipment outside the United States or Canada; ( h) use of the Equipment when loaded beyond its capacity, as determined by the manufacturer of the Equipment; ( i) towing the Equipment through or under any structure without sufficient overhead, under carriage, or side clearance; ( j) use of the Equipment when it is reasonable to expect you to know that further operation would damage the Equipment; ( k) using the Equipment in a manner that causes damage to it due to inadequately secured cargo; ( l) damaging the Equipment by your intentional, wanton, willful or reckless conduct; and, ( m) damaging the Equipment by placing signs, lettering or painting on the Equipment.

6. Insurance:

You are responsible for any damage to the Equipment. It is your responsibility to ensure that your insurance provider will cover the Equipment while in your possession. The cost of damages that your insurance provider does not cover will be your responsibility. We are not liable for any additional contents of the Equipment, or cargo. You must provide liability insurance coverage on the Equipment through the motor vehicle insurance policy covering the towing vehicle. You acknowledge you have notified your insurance carrier you will be towing the Equipment.

7. Deposit:

We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the Equipment.

8. 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 Equipment; (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 Equipment, assessed against us or the Equipment; 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 Equipment 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 Equipment, if returned substantially less clean than when rented; this does not include hauling, dump, or other such fees. We will not refund any of the time or mileage charges if you return the Equipment earlier than the date or time due in. You are responsible for the replacement or repair of the Equipment and any of its components if they are damaged, missing or stolen during you rental.

9. Failure to Provide Service:

In the event we are unable to give possession of the Equipment to you on the Pickup Date / Time, we will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. A different Equipment of like may be used in place of the originally reserved Equipment. In the event that we can no longer fulfill this Rental Order, and no like Equipment are available, we will return the deposit and any other monies paid within 5 business days, with the exception of Delivery Fee's if a delivery attempt was made.

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 Equipment. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

Consent:

By continuing, I agree that I have read and understand the terms of this rental agreement. I understand and acknowledge that I am legally agreeing to all of the statements in this document. I understand that by taking possession of the Equipment, I am acknowledging that I have carefully inspected the Equipment and deem it to be the one I have reserved; I have inspected all components and included equipment, and find them all to be present and in clean, satisfactory condition. I acknowledge that I am responsible for returning all items in good, clean, working condition or else I will be required to pay for any damaged, missing, or dirty items.