WASATCH EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement ("Agreement") is entered into as of the date of signing by and between Wasatch Equipment Rental ("Lessor") and the undersigned renter ("Lessee"). By signing this Agreement, Lessee agrees to the following terms and conditions:
RENTAL TERMS & CONDITIONS
1.1 Lessee shall use the equipment in a safe, careful manner and comply with all manufacturer recommendations, safety guidelines, and applicable laws and regulations.
1.2 Lessee shall only use the equipment for its intended purpose unless prior written consent is obtained from Lessor.
1.3 Lessee shall not modify, alter, or attach anything to the equipment without Lessor’s written consent.
ASSUMPTION OF RISK, LIABILITY, AND INDEMNIFICATION
1.1 No Liability for Personal Injury or Property Damage: Lessor shall not be held liable for any personal injuries, death, property damage, or losses arising from the use, misuse, transportation, or operation of the rented equipment.
1.2 Assumption of Risk: Lessee assumes full responsibility for the safe operation of the equipment and acknowledges the inherent risks associated with its use.
1.3 Indemnification: Lessee agrees to indemnify, defend, and hold harmless Lessor from any claims, damages, losses, or legal fees arising from Lessee’s use of the equipment.
1.4 No Warranties: The equipment is rented "as-is," and Lessor makes no express or implied warranties regarding its fitness for a particular purpose or merchantability.
RENTAL PAYMENT TERMS
1.1 Approved Vendors: Customers on Lessor’s approved vendor list are granted a 30-day payment term from the invoice date.
1.2 Non-Vendor Customers: Customers not on the approved vendor list must pay in full before equipment is released.
1.3 Late Fees: A late fee of $25 per day will be applied to overdue payments until paid in full.
SECURITY DEPOSIT
1.1 A security deposit may be required at the time of rental and will be used to cover damages, late fees, or other additional charges incurred.
1.2 The remaining balance of the deposit will be refunded upon the satisfactory return of the equipment.
CLEANING & FUEL CHARGES
1.1 Cleaning Fee: A $150 cleaning fee will be charged if the equipment is returned in poor condition. Additional charges apply for removal of substances like paint, caulk, or adhesives.
5.2 Fuel Charge: Equipment must be returned with the same fuel level as rented. A fuel charge of $8 per gallon will be applied for refueling.
LATE RETURN & COLLECTION FEES
1.1 Late Return Fees: If Lessee fails to return equipment on time, a daily late fee equal to the original rental rate will be charged.
1.2 Collections & Legal Fees: If Lessee fails to make payments on time, they will be responsible for collection agency fees, legal fees, and other recovery costs.
NO SMOKING POLICY
1.1 Smoking is strictly prohibited in or around the rented equipment.
1.2 A $250 smoke odor removal fee will be applied if the equipment is returned with any detectable smoke odor.
LOSS, DAMAGE, & INSURANCE REQUIREMENTS
1.1 Risk of Loss: Lessee assumes full responsibility for loss, theft, damage, or destruction of the equipment from any cause.
1.2 Damage Notification: Lessee must notify Lessor immediately if equipment is damaged and continue to pay rent until repairs are completed or replacement is provided.
1.3 Replacement Cost: If equipment is irreparably damaged or lost, Lessee shall pay all unpaid rent plus the replacement value of the equipment.
1.4 Insurance: Lessor may require proof of insurance coverage for the equipment at its discretion.
DISPUTE RESOLUTION
1.1 Any disputes regarding fees, cleaning charges, or late return fees must be submitted in writing to Lessor within ten (10) business days of notification.
1.2 Lessor will review disputes and provide a response within a reasonable timeframe.
Implied Acceptance of Terms and Conditions
1.By accessing, reviewing, or utilizing any information, documents, rental agreements, services, or equipment provided by Wasatch Equipment Rental ("Lessor"), you ("Lessee" or "User") acknowledge and agree to be bound by all terms and conditions outlined by the Lessor. Continued use of the Lessor’s services, equipment, or website constitutes full acceptance of all applicable policies, rules, and contractual obligations, whether or not a separate signature has been provided.
If you do not agree to these terms, you must refrain from engaging in any rental transactions or using any equipment or services provided by Wasatch Equipment Rental.
ACKNOWLEDGMENT & AGREEMENT
By signing below, Lessee acknowledges receipt of this Agreement and agrees to its terms and conditions.
The lessee agrees to terms and conditions:
1. The lessee will use the equipment in a good and careful manner and will comply with all the manufacturer's requirements and recommendations. Respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the equipment, including, but not limited to, environmental and copyright law.
1.2 The lessee will use the equipment for the purpose for which it was designed and not for any other purpose unless the lessee obtains the prior written consent of the lessor, the lessee will not alter, modify or attach anything to the equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.
To the extent permitted by law, the lessee will be responsible for risk of loss, theft, damage or destruction to the equipment from any and every cause.
1.3 If the equipment is lost or damaged, the lessee will continue paying rent, will provide the lessor with prompt written notice of such loss or damage and will, if the equipment is repairable, put or cause the equipment to be put in a state of good repair, appearance and condition.
1.4 In the event of total loss of the equipment, the lessee will provide the lessor with prompt written notice of such loss and will pay to the lessor all unpaid rent for the term plus the casualty value of the equipment, at which point ownership of the equipment passes to the lessee.
Damage Policy for Rental Equipment:
1. This Damage Policy outlines the responsibilities and procedures regarding damage to rental equipment. By agreeing to rent equipment from us, the customer acknowledges and accepts the following terms:
1.2 Responsibility for Damages: The customer is responsible for any damage, loss, or theft of the rental equipment from the time it is delivered or picked up until it is returned to us. The customer agrees to use the equipment in a careful and proper manner and to comply with all applicable laws and regulations.
1.3 Inspection and Reporting: The customer is required to inspect the equipment upon receipt and report any existing damage or defects within 24 hours. Failure to do so may result in the customer being held responsible for pre-existing damage. Any damage or malfunction occurring during the rental period must be reported to us immediately.
1.4 Assessment of Damage: Upon return, the equipment will be inspected by our staff to assess its condition. If damage is found, the customer will be notified, and an assessment will be conducted to determine the extent of the damage and the cost of repairs or replacement.
1.5 Repair and Replacement Costs: The customer is responsible for the full cost of repairs for any damage that occurs during the rental period, up to and including the replacement cost of the equipment if it is deemed irreparable.
Repair costs will be based on current market rates, and replacement costs will be determined by the retail value of the equipment.
Security Deposit:
1. A security deposit may be required at the time of rental. This deposit will be used to cover any damage costs and will be refunded in full if no damage is found upon return of the equipment.
If the cost of repairs or replacement exceeds the security deposit, the customer will be billed for the additional amount.
Insurance:
1. The customer is encouraged to obtain insurance coverage for the rental equipment to protect against potential damage, loss, or theft.
Proof of insurance may be required prior to the release of the equipment.
Limitations of Liability:
1. No Liability for Personal Injury or Property Damage The Lessee acknowledges that the operation of rental equipment involves inherent risks. The Lessor (Wasatch Equipment Rental), its owners, employees, agents, and affiliates shall not be held liable for any injuries, damages, losses, or claims, including but not limited to personal injury, death, or property damage, arising from the use, misuse, transportation, or operation of the rented equipment, whether caused by negligence or otherwise.
1.2 Assumption of Risk: The Lessee assumes full responsibility for the safe and proper operation of the equipment and agrees to use it in compliance with all safety guidelines, manufacturer recommendations, and applicable laws. The Lessee further assumes all risk of loss, damage, or injury resulting from the use of the equipment.
1.3 Indemnification: The Lessee agrees to defend, indemnify, and hold harmless the Lessor, its officers, employees, and agents from and against any and all claims, liabilities, damages, costs, and expenses (including attorney’s fees) arising out of or related to:
The use, operation, or transportation of the rental equipment;
Any breach of this Agreement by the Lessee;
Any third-party claims for injury or property damage caused by the Lessee’s use or misuse of the equipment.
No Warranties:
1. The equipment is rented “as-is” without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. The Lessor disclaims all liability for any defects, malfunctions, or failures of the equipment that may result in damages or injuries.
Release of Claims:
1. The Lessee releases the Lessor from any and all claims, demands, causes of action, and liabilities, whether known or unknown, arising from the use of the rental equipment.
We are not responsible for any indirect, incidental, or consequential damage arising from the use or inability to use the rental equipment.
Our liability is limited to the terms stated in the rental agreement and this damage policy.
By signing the rental agreement, the customer agrees to abide by the terms of this Damage Policy and acknowledges their responsibility for the rental equipment during the rental period.
Payment Terms:
1. Approved Vendors: Customers who are on Wasatch Equipment Rental’s approved vendor list are granted a 30-day payment term from the date of the rental invoice. Payment must be made in full within this period.
1.2 Non-Vendor Customers: Customers who are not on the approved vendor list must make full payment at the time of rental before equipment is released.
Invoice Due Dates:
1. All invoices issued by Wasatch Equipment Rental are due for payment as per the terms specified in the invoice.
1.2 The due date for payment will be clearly indicated on each invoice, and it is the responsibility of you to ensure timely payment.
Late Fee Policy:
1 In the event that payment is not received by the specified due date, a late fee of $25 per day will be applied to the outstanding amount.
1.2 The late fee will accrue daily from the day following the due date until the outstanding balance is settled in full.
Cleaning Charge:
1. Clients who rent equipment from Wasatch Equipment Rentals are responsible for returning the equipment in the same condition it was received, normal wear and tear excluded.
1.2 A cleaning charge of $150 will be applied if rented equipment is returned in poor condition. This fee may increase if additional cleaning is required to remove materials such as paint, caulking, adhesives, or other substances that affect the equipment’s functionality or appearance. If the equipment is being used for activities that involve these materials, Lessee is responsible for taking the proper precautions to cover and protect the equipment. Failure to do so may result in additional charges based on the extent of cleaning required. By renting equipment from Wasatch Equipment Rental, Lessee agrees to this cleaning policy and understands that cleaning charges will be assessed as necessary.
1.3 The determination of cleanliness will be made at the sole discretion of Wasatch Equipment staff.
1.4 Notification of Cleaning Charge: Clients will be notified of the cleaning charge and the reasons for its application within three business days of the equipment return.
1.5 Photographs and documentation may be provided as evidence of the equipment's condition upon return.
1.6 Payment of Cleaning Charge: The cleaning charge will be added to the client's final invoice.
1.7 Payment of the cleaning charge is due in accordance with the terms specified in the invoice.
1.8 Dispute Resolution: Any disputes regarding the cleanliness assessment and the application of the cleaning charge must be communicated in writing to Wasatch Equipment Rental within ten business days of the client's receipt of the notification.
Wasatch Equipment Rental will review the dispute and respond in a timely manner. Any adjustments deemed necessary will be made accordingly.
Equipment Inspection:
Clients have the right to inspect the equipment upon return and request clarification regarding the cleaning charge. Wasatch Equipment staff will be available to address any concerns and provide an explanation of the cleaning charge if requested.
By renting equipment from Wasatch Equipment Rentals, clients acknowledge and agree to abide by these terms and conditions, including the cleaning charge provisions.
Equipment Gas Charge Terms and Conditions
1. Fuel Responsibility, Clients renting equipment from Wasatch Equipment are responsible for ensuring that the equipment is returned with the same level of fuel as when it was rented, unless otherwise specified in the rental agreement.
1.2. A gas charge of $8 per gallon will be applied if the rented equipment is returned with an empty fuel tank.
1.3 The determination of the fuel level will be made at the sole discretion of Wasatch Equipment staff.
1.4 Notification of Gas Charge Clients will be notified of the gas charge and the reasons for its application within three business days of the equipment’s return.
1.5 Photographs and documentation may be provided as evidence of the fuel level upon return.
1.6 Payment of Gas Charge the gas charge will be added to the client's final invoice.
1.8 Payment of the gas charge is due in accordance with the terms specified in the invoice.
1.9 Dispute Resolutions, any disputes regarding the fuel level assessment and the application of the gas charge must be communicated in writing to Wasatch Equipment within ten business days of the client's receipt of the notification. Wasatch Equipment will review the dispute and respond in a timely manner. Any adjustments deemed necessary will be made accordingly.
2.0 Refundable Deposits: If a refundable deposit has been collected at the time of equipment rental, it may be used to cover the gas charge. Any remaining balance will be refunded to the client after deducting the applicable gas charge. Equipment Inspection clients have the right to inspect the equipment upon return and request clarification regarding the gas charge. Wasatch Equipment staff will be available to address any concerns and provide an explanation of the gas charge if requested.
By renting equipment from Wasatch Equipment Rentals, clients acknowledge and agree to abide by these terms and conditions, including the gas charge provisions.
No Smoking Policy Terms and Conditions
1.Prohibition of Smoking: Smoking is strictly prohibited in and around any equipment rented from Wasatch Equipment Rental.
1.2 Clients are required to ensure that no smoking occurs within a reasonable proximity to the equipment.
1.3 Smoke Smell Charge: A charge of $250 will be applied if the equipment is returned with the detectable smell of smoke.
1.4 The determination of smoke smell will be made at the sole discretion of Wasatch Equipment staff.
1.5 Notification of Smoke Smell Charge: Clients will be notified of the smoke smell charge and the reasons for its application within three business days of the return of the equipment.
1.6 Payment of Smoke Smell Charge: The smoke smell charge will be added to the client's final invoice.
1.7 Payment of the smoke smell charge is due in accordance with the terms specified in the invoice.
1.8 Dispute Resolution: Any disputes regarding the detection of smoke smell and the application of the charge must be communicated in writing to Wasatch Equipment within ten business days of the client's receipt of the notification.
1.9 Wasatch Equipment will review the dispute and respond in a timely manner. Any adjustments deemed necessary will be made accordingly.
2.0 Refundable Deposits: If a refundable deposit has been collected at the time of equipment rental, it may be used to cover the smoke smell charge. Any remaining balance will be refunded to the client after deducting the applicable charge.
2.1 Equipment Inspection: Clients have the right to inspect the equipment upon return and request clarification regarding the smoke smell charge.
2.3 Wasatch Equipment Rental staff will be available to address any concerns and provide an explanation of the charge if requested. By renting equipment from [Your Company or Name], clients acknowledge and agree to abide by these terms and conditions, including the no smoking policy and associated charges.
Additional Daily Rate Charge for Late Returns Terms and Conditions
1.Return within Contract Terms: Clients renting equipment from Wasatch Equipment are required to return the equipment within the specified terms and conditions outlined in the rental agreement.
1.2 Late returns may incur additional charges as outlined in this policy.
1.3 Additional Daily Rate Charge: An additional daily rate charge will be applied for each day the equipment is not returned within the agreed-upon contract terms.
1.4 The daily rate charge will be calculated based on the original daily rental rate specified in the rental agreement.
1.5 Notification of Late Return Charge: Clients will be notified of the additional daily rate charge and the reasons for its application within three business days of the late return.
1.6 The notification will include the total amount due, taking into account the number of days the equipment has been retained beyond the contract terms.
1.7 Payment of Late Return Charge: The additional daily rate charge will be added to the client's final invoice. Payment of the late return charge is due in accordance with the terms specified in the invoice.
1.8 Dispute Resolution: Any disputes regarding the late return charge must be communicated in writing to Wasatch Equipment within ten business days of the client's receipt of the notification. Wasatch Equipment will review the dispute and respond in a timely manner. Any adjustments deemed necessary will be made accordingly.
1.9 Refundable Deposits: If a refundable deposit has been collected at the time of equipment rental, it may be used to cover the additional daily rate charge. Any remaining balance will be refunded to the client after deducting the applicable charge.
2.0 Equipment Inspection: Clients have the right to inspect the equipment upon return and request clarification regarding the late return charge. Wasatch Equipment Rental staff will be available to address any concerns and provide an explanation of the charge if requested.
By renting equipment from Wasatch Equipment Rental, clients acknowledge and agree to abide by these terms and conditions, including the additional daily rate charge for late returns.
Wasatch Equipment Rental Credit Card Fee Policy
Effective [07/02/2024], Wasatch Equipment Rental will implement a credit card fee of 3.5% on all transactions paid using a debit or credit card. This fee will be applied to the total transaction amount and is necessary to cover the costs associated with processing credit and debit card payments.
Policy Details:
1. Fee Percentage: A fee of 3.5% will be added to the total amount of all transactions made using a debit or credit card.
1.2 Applicability: This fee applies to all equipment rentals, services, and any other transactions processed through a debit or credit card.
1.3 Transparency: The 3.5% fee will be clearly itemized on the customer's receipt to ensure full transparency.
1.4 Alternative Payment Methods: Customers can avoid this fee by choosing alternative payment methods such as cash, check, or direct bank transfers where applicable.
1.5 Customer Communication: This policy will be communicated to all customers at the time of booking and prior to the completion of the transaction. We appreciate your understanding and cooperation as we implement this policy to continue providing high-quality service and equipment to our valued customers. If you have any questions or concerns regarding this policy, please do not hesitate to contact our customer service team.
Legal Fees Policy
1. As part of our rental agreement, the customer is responsible for covering all legal fees and any other fees associated with the rental. This includes, but is not limited to, the following:
1.2 Legal Fees: Any costs incurred due to legal actions related to the rental agreement, such as disputes, enforcement of terms, or other legal matters.
1.3 Administrative Fees: Fees for processing rental applications, background checks, or other administrative tasks.
1.4 Maintenance Fees: Costs for any required maintenance or repairs that are the tenant's responsibility under the rental agreement.
1.5 Late Fees: Charges incurred due to late payments or violations of the rental agreement terms.
1.6 Utility Fees: Costs associated with utilities that are not included in the rent and are the tenant's responsibility.
1.7 In the event that payments are not made in a timely manner, any collection agency fees, legal fees, and associated costs incurred to recover the outstanding balance will be the responsibility of the client. By renting equipment from Wasatch Equipment Rental, the client agrees to these terms and understands that failure to pay within the agreed-upon timeframe may result in additional charges for collection efforts.
The customer agrees to pay these fees promptly and acknowledges that failure to do so may result in additional charges or legal action. This policy ensures a clear understanding of the financial responsibilities associated with the rental, promoting a smooth and transparent rental experience for all parties involved.
Right of Access and Inspection
1. The Lessee hereby grants Wasatch Equipment Rental ("Lessor"), and its authorized agents, employees, or representatives, the unrestricted right to access any property, job site, facility, or location where the rented equipment is or may be located, regardless of whether such location is marked as restricted, private, secured, or otherwise limited.
1.2 This right of access includes, but is not limited to, the right to enter any premises at any reasonable time, with or without prior notice, for the purpose of inspecting, servicing, maintaining, repairing, recovering, or verifying the condition and presence of the equipment. The Lessee shall not obstruct or deny such access and agrees to obtain any necessary permissions from third parties to ensure Lessor’s full and immediate entry.
1.3 Failure to allow such access shall constitute a material breach of this Agreement and may result in termination of the rental, recovery of the equipment, and additional legal remedies available to the Lessor.
Maintenance and Operational Responsibilities
Lessee Responsibilities
1.The Lessee agrees to perform and be solely responsible for routine daily maintenance of the rented equipment during the rental period. This includes, but is not limited to:
1.2 Checking and maintaining proper oil levels before operation; Greasing all required fittings and lubrication points at manufacturer-recommended intervals;
Ensuring all fluid levels (e.g., coolant, hydraulic, transmission) are sufficient for safe and proper operation;
Refueling the equipment as needed with the proper fuel type and grade;
Charging, maintaining, or protecting batteries from damage or depletion;
Cleaning the equipment as necessary to prevent buildup of dirt, debris, or materials that may affect functionality, safety, or manufacturer standards.
1.3 The Lessee shall operate the equipment in accordance with all manufacturer guidelines and instructions and shall be liable for any damages or mechanical failures resulting from neglect, misuse, abuse, or failure to perform required maintenance.
Lessor Responsibilities
1.Wasatch Equipment Rental ("Lessor") retains full responsibility for all non-routine maintenance and repairs not caused by Lessee negligence, misuse, or lack of proper maintenance. All non-routine maintenance, repairs, or mechanical service must be performed exclusively by Wasatch Equipment Rental staff or authorized technicians. The Lessee is strictly prohibited from performing or authorizing any repair, modification, or service work on the equipment without prior written consent from the Lessor.
1.2 Liability for Damage Due to Neglect Failure by the Lessee to perform required routine maintenance, as outlined above, may result in additional charges, including but not limited to the cost of repairs, replacement parts, labor, lost rental income, and equipment recovery. Lessee assumes full responsibility for any damage caused by failure to follow proper maintenance procedures or failure to report issues in a timely manner.
Suspension and Termination of Rental Privileges
1.Right to Suspend or Terminate Wasatch Equipment Rental ("Lessor") reserves the right, at its sole discretion, to suspend or terminate any rental agreement or ongoing rental privileges with any customer ("Lessee") at any time, with or without notice, under the following circumstances, including but not limited to:
Failure to make timely payments or satisfy outstanding balances;
Repeated or significant damage to equipment;
Misuse, unauthorized alteration, or negligent operation of equipment;
Breach of any provision of the rental agreement or terms and conditions;
Refusal to allow equipment inspection or access;
Violation of applicable federal, state, or local laws while operating equipment;
Any behavior deemed fraudulent, threatening, abusive, or unsafe by the Lessor.
1.2 Blocking of Future Rentals Upon termination, Wasatch Equipment Rental may block the Lessee from accessing future rental services. The Lessor reserves the right to deny future rental requests to any individual, business, or associated entity involved in the terminated agreement, with or without stated reason, and without liability.
1.3 Immediate Equipment Recovery In the event of suspension or termination, the Lessor shall have the immediate right to access, recover, and repossess any rented equipment without prior notice or legal process, whether located on public or private property. Lessee agrees to cooperate fully and to provide safe and unrestricted access to the equipment, regardless of location or third-party restrictions.
1.4 Outstanding Balances and Legal Action Termination or suspension shall not relieve the Lessee of responsibility for any outstanding rental fees, damage charges, legal costs, or collection fees incurred. Wasatch Equipment Rental retains the right to pursue full legal remedies to recover any unpaid amounts and losses resulting from breach of this agreement.
1.5 Data Privacy and Usage Policy Wasatch Equipment Rental ("Lessor") values and respects the privacy of its customers ("Lessee"). In the course of conducting business, the Lessor may collect personal and business-related information, including but not limited to names, addresses, phone numbers, email addresses, payment details, identification documents, and rental history (collectively, "Personal Data").
1.6 Purpose of Data Collection The Personal Data collected is used solely for legitimate business purposes, including but not limited to:
Processing rental applications and agreements;
Managing customer accounts;
Verifying identity and creditworthiness;
Facilitating equipment delivery, maintenance, and support;
Communicating rental terms, updates, and important notices;
1.7 Complying with applicable laws and regulations. Data Confidentiality Wasatch Equipment Rental does not sell, lease, trade, or otherwise disclose Personal Data to any unaffiliated third parties for marketing or commercial purposes.
1.8 Third-Party Access Personal Data may be shared with trusted third-party service providers only to the extent necessary to perform core business operations (e.g., payment processing, debt collection, legal compliance), and only under confidentiality obligations consistent with this policy.
1.9 Data Protection Wasatch Equipment Rental implements appropriate administrative, physical, and technical safeguards to protect all collected Personal Data from unauthorized access, disclosure, or misuse.
2.Customer Consent By entering into a rental agreement with Wasatch Equipment Rental, the Lessee consents to the collection, use, and storage of Personal Data as described in this policy. Lessees may request access to or correction of their data by contacting the Lessor directly.
2.1 Policy Changes This policy may be updated periodically to reflect operational, legal, or regulatory changes. Continued use of Wasatch Equipment Rental services constitutes acceptance of any updated terms.
I certify that I have read and agree to all the terms of this contract.