Rental Agreement | Nomad Trailer Rental

Nomad Trailer Rental Commercial Rental Agreement

Our current rental agreement is below:

Definitions
1. "Agreement" – A legally binding contract between the Lessor and the Lessee, where the Lessor grants the Lessee the right to use the equipment identified in this contract for an agreed amount of time and payment. The Lessee retains the right to use the equipment in the manner agreed upon in the contract. The Lessor retains the right of ownership in the equipment. It includes all terms and conditions found on this form and any other documents Lessee signs or that we give Lessee at the time of rental. It also includes any and all communications from Lessor to Lessee both written and verbal.
2. “Contract” – A legally binding agreement between the Lessor and the Lessee that upon execution becomes a legally binding agreement enforceable by law.
3. "Lessee" or "Lessee" – The person identified as the Lessee or additional Lessee in the Agreement, all Authorized Drivers, Approved Operators, and any person or organization to whom charges are billed by Lessor at its or the Lessees’ direction. All persons referred to as "Lessee" or "Lessee " are jointly and severally bound by this Agreement.
4. "Lessor" or "Nomad Trailer Rental" – the business renting the Trailer to Lessee, currently known as Nomad Trailer Rental. Lessor to include all employees, owners, and other parties with a financial interest in the business.
5. "Authorized Driver " “Approved Operators” – Lessee and any additional Approved Operators listed by Lessor in the Agreement.
6. "Trailer " – The non-motorized trailer identified in the Agreement and/or any Trailer the Lessor substitutes for it. This also includes any equipment assigned, attached, issued, or used in conjunction with the operation of the Trailer.
7. "Loss of Use" – The loss of Lessor’s right to use the Trailer for any reason related to damage or loss to the Trailer during the rental period. Loss of Use is calculated by multiplying the daily rental rate for the Trailer assigned by the number of days that the Trailer is unavailable due to repairs or replacement.
8. “Diminished Value” – The reduction in the market value of the Trailer resulting from damage, loss, or inability to use. It is calculated as follows:
  1. If the Trailer is repaired: the difference between the market value of the Trailer immediately prior to the Agreement minus the present value of the Trailer; or
  2. If the Trailer is not repaired: the difference between the market value of the Trailer immediately prior to the Agreement minus the salvage or sale value of the Trailer.
Rental, Indemnity and Warranties
1. This is a Contract for rental of the Trailer owned by Lessor and identified in the Agreement. Lessor reserves the right to repossess the Trailer at Lessee’s expense without notice to Lessee, if the Trailer is:
  1. Abandoned,
  2. Lost,
  3. Stolen,
  4. Used in violation of law,
  5. Or used in violation of this Agreement.
2. Lessee agrees to indemnify Lessor, its affiliates, assignees, and designees, defend Lessor and hold Lessor harmless from all claims, liability, costs and attorney fees Lessors incur resulting from, or arising out of, this rental and Lessor’s use of the Trailer. Lessee agrees to indemnify, defend, and hold harmless Lessor, Lessor’s owners, employees, and agents from and against any and all claims, liabilities, losses, damages, injuries, costs, or expenses (including attorney fees) asserted by any third party arising from or related to Lessee’s possession, use, operation, or control of the Trailer, including but not limited to bodily injury, death, or property damage.
3. The parties acknowledge and agree that no express warranties have been made by Lessor, its assignees, designees, or affiliates with respect to the goods, equipment, or services provided under this Agreement, except as expressly set forth in writing herein.
4. Lessor expressly disclaims and excludes any and all implied warranties, including but not limited to the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The goods, equipment, or services are provided “AS IS” and “WITH ALL FAULTS,” and Lessor assumes no responsibility for their performance, condition, or suitability for any specific use intended by Lessor.
Condition and Return of Trailer
1. Lessee must return the Trailer to the designated location on the date and time specified in the Agreement, and in the same condition when it was leased, except for ordinary wear and tear. If the Trailer is returned after normal operating hours, Lessee agrees to remain responsible for the safety of, and any damage to, the Trailer. This provision includes acts of negligence, wantonness, or recklessness. The Lessee agrees to be responsible for the condition of the Trailer until the next normal business day. No alteration may be made to the Trailer without prior written approval of Lessor.
Responsibility for Damage or Loss; Reporting to Police
1. Lessee is responsible for all damage to, or loss or theft of, the Trailer, including damage caused by weather, road conditions and acts of nature, regardless of fault. Lessee is responsible for the cost of repairs or the actual retail cash value of the Trailer if it is not repairable or if Lessor elects not to repair it. Lessee is also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover Lessor’s administrative expenses connected with any damage claim. Lessee must report all accidents/crashes involving the Trailer to Lessor within 24 hours of occurrence. Lessee must report all accidents/crashes immediately upon the collision occurring to the police.
Prohibited Uses
1. The following uses of the Trailer are prohibited:
  1. Transporting dangerous or hazardous items or illegal materiel;
  2. Transporting living persons;
  3. Operating, handling, or towing the Trailer by anyone under the influence of drugs or alcohol;
  4. Allowing the Trailer to be towed by anyone who is not an authorized Lessee or an Authorized Operator;
  5. Any use of the Trailer by anyone who obtained the Trailer or extended the rental period by giving us false, fraudulent or misleading information;
  6. Use of the Trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of local, state, or federal laws other than a minor traffic citation;
  7. Use of the Trailer outside the continental United States or Canada;
  8. Use of the Trailer when loaded beyond its Vehicle Load Capacity or Gross Vehicle Weight Rating, as determined by the manufacturer of the Trailer;
  9. Towing the Trailer through or under any structure without sufficient overhead or side clearance;
  10. Use of the Trailer when it is reasonable to expect Lessee to know that further operation would damage the Trailer;
  11. Using the Trailer in a manner that causes damage to it due to inadequately secured cargo;
  12. Damaging the Trailer by Lessee’s intentional, wanton, willful or reckless conduct;
  13. Damaging or altering the Trailer in any way without prior authorization to include: placing signs, placards, lettering, painting or any other alteration that causes material damage or change to the Trailer.
Insurance
1. Lessee has notified Lessee’s insurance agent of Lessee’s intention to operate the Trailer.
2. Lessee has been advised by Lessee’s agent that Lessee’s liability and property damage insurance covers Lessee’ risk of liability for injury and/or damage to others or their property and Lessee’s insurance policy has been endorsed accordingly.
3. Lessee agrees to provide proof of liability insurance coverage and maintain liability insurance coverage on the Trailer during the entire length of the rental period.
4. Coverage shall cover any and all incidents and/or accidents that occur while the trailer is in Lessee’s possession.
5. Lessee agrees to secure and maintain valid collision, uninsured motorist coverage, and underinsured motorist coverage, through a motor vehicle insurance policy that covers the towing of the Trailer and its towing related equipment.
Charges
1. Lessee agrees to pay Lessor on demand for all charges due Lessor under this Agreement, including, but not limited to:
  1. Time, and mileage (if applicable), for the period Lessee keep the Trailer;
  2. Applicable taxes;
  3. Drop-off and Pick-up fees for the Trailer;
  4. Cancellation fees;
  5. All traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the Trailer assessed against Lessor or the Trailer; if Lessee fails to pay a traffic or toll charge to the charging authority, Lessee will pay us all fees owed to the charging authority plus our administrative fee of $100 for each such charge;
  6. All costs Lessor incurs by recovering the Trailer if Lessee fails to return it as agreed above;
  7. All costs, including pre-judgment and post-judgment attorney fees, litigation fees, incidental fees, or any other fees imposed by the court, Lessor incurs collecting payment from Lessee or otherwise enforcing Lessor’s rights under this Agreement;
  8. A 5% late payment fee on all amounts paid past the due date;
  9. $100 or the maximum amount permitted by law, whichever is greater, if Lessee pay us with a check returned unpaid for any reason;
  10. A reasonable fee not to exceed $500 to clean the Trailer, if returned substantially less clean than when rented.
  11. A returned check fee of $100 for any check returned to Lessor by the bank for insufficient funds, closed account, or any other reason. Lessee will be required to make payment in full, including the returned check fee, by cash, money order, or certified funds. Future payments may also be required in guaranteed funds. Failure to promptly resolve a returned check may result in addition collection efforts and/or suspension of services.
2. We will not refund any of the time or mileage charges if Lessee returns the Trailer earlier than the date or time due in.
Deposit
1. Lessor reserves the right to use Lessee’s deposit to pay any monies owed to Lessor under this Agreement, including Lessor’s estimate of damages to the Trailer. The deposit is fully refundable if Trailer and equipment is returned in the condition it was originally leased in per the terms of the Agreement.
Modifications
1. No term of this Agreement can be waived or modified without the express permission in a writing that we have signed. This Agreement constitutes the entire agreement between Lessee and Lessor. All prior representations and agreements between Lessee and Lessor regarding this rental are merged into this Agreement.
Waiver
1. A waiver by Lessor of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of Lessee’s obligations under this Agreement. Lessor’s acceptance of payment from Lessee or Lessor’s failure, refusal or neglect to exercise any of Lessor’s rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Lessee releases Lessor from any liability for consequential, special or punitive damages in connection with this rental or the reservation of the Trailer. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Safety and Compliance
1. Lessee agrees to comply with all applicable state, federal, and local towing laws and regulations, including but not limited to Alabama law requiring brakes on trailers more than 3,000 pounds, proper lighting, and safety chains. Lessee is solely responsible for ensuring that the towing vehicle is properly equipped to safely tow the Trailer in compliance with such laws.
Credit Card Authorization
1. By signing this Agreement, Lessee expressly authorizes Lessor to charge Lessee’s credit card on file for all amounts owed under this Agreement, including but not limited to rental fees, late fees, damage repairs, loss of use, cleaning fees, tolls, fines, and administrative charges, without further notice to Lessee.
Condition Documentation
1. Prior to departure and after return of the listed equipment, Lessor reserves the right to inspect all equipment. Lessee acknowledges that photographs and videos may be taken by Lessor to document its condition. Lessee agrees that these photographs and inspection notes are conclusive evidence of the equipment’s condition at the time of rental. Lessee is encouraged to take Lessee’s own photographs for Lessee’s records.
Equipment and Trailer Checkout Form
1. At the time of rental, Lessee and Lessor shall complete a separate Equipment & Trailer Checkout Form, identifying the specific trailer(s) and any accessories or equipment provided (including but not limited to dollies, hitches, tie-downs, blankets, or other rented items). This form shall be signed by both parties and is expressly incorporated into and made part of this Agreement. Lessee agrees that all items listed on the Equipment & Trailer Checkout Form are subject to the same terms, conditions, responsibilities, and liabilities contained in this Rental Agreement.
Towing Vehicle Responsibility
1. Lessee is solely responsible for ensuring that Lessee’s towing vehicle is properly rated and equipped for the safe towing of the Trailer, including but not limited to hitch rating, electrical connection, and brake controller where required. Any damage or liability resulting from the use of an improper or inadequately equipped towing vehicle shall be the sole responsibility of Lessee.
Insurance Election
1. At the time of rental, Lessee will complete and sign the Supplemental Insurance & Waiver Form acknowledging whether Lessee have elected to purchase or declined optional coverages, including Loss Damage Waiver (LDW), Supplemental Liability Insurance (SLI), Personal Accident Insurance (PAI), and Personal Effects Coverage (PEC). Lessee signature on that form is incorporated into and made part of this Agreement.
Early Termination
1. Lessor reserves the right to terminate this Agreement immediately and repossess the equipment listed, at Lessee expense, without prior notice if Lessee breaches any term of this Agreement, misuses the equipment, or if continued possession of the equipment by Lessee would expose Lessor to risk of loss, damage, or liability.
Governing and Venue
1. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles. Lessee agrees that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the courts of Tuscaloosa, Alabama, and Lessee irrevocably submit to the jurisdiction of such courts.
Arbitration and Mediation
1. Any and all disputes, claims, or controversies arising out of or relating to this Agreement, including its interpretation, performance, breach, or termination, shall first be submitted to mandatory mediation in Tuscaloosa, Alabama. The mediator shall be selected exclusively by Nomad Trailer Rental. If the dispute is not resolved through mediation, it shall be submitted to binding arbitration conducted in Tuscaloosa, Alabama, pursuant to the rules of the American Arbitration Association (AAA) or another recognized arbitration service chosen by Lessor. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Lessee shall be responsible for the filing fees and all other costs of arbitration, including the mediator’s and/or arbitrator’s fees, unless applicable law or the arbitrator determines that allocation of such costs would be unconscionable or unfair, in which case Lessor shall bear such costs to the extent required. Lessee agrees that arbitration shall be the sole and exclusive remedy for resolving any disputes and expressly waives the right to bring or participate in any lawsuit, class action, or jury trial against Nomad Trailer Rental and Lessor. Lessee agrees to consent to personal jurisdiction in Tuscaloosa, Alabama. Disputes that are less than $500.00 can be handled without formal arbitration at the discretion of Lessor.
Electronic Signatures
1. Lessee agrees that electronic signatures, whether digital or encrypted, and signatures delivered by electronic means (including via Booqable, DocuSign, DropBox Sign or similar services), shall be deemed valid and binding to the same extent as an original handwritten signature.
Severability
1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent of the parties.