Rental Agreement

Our current rental agreement is below:

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" or "your " 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 Trailer to you.
"Authorized Driver " means you and any additional driver listed by us on this Agreement.
"Trailer " means the non-motorized trailer identified in this Agreement and any trailer we substitute for it.
"Loss of Use" means the loss of our right to use the Trailer for any reason because of damage to it or loss of it during this rental. Loss of Use is calculated by multiplying the number of days from the date of loss or damage to the Trailer until it is replaced or repaired times the daily rental rate.
“Diminished Value” means the difference between the actual cash value of the Trailer just prior to damage or loss less the value of the Trailer after its repair. If we elect not to repair the Trailer “Diminished Value” means the difference between the actual cash value of the Trailer just prior to damage or loss less the salvage or sale value of the Trailer.

Renter Initials: ________

Rental, Indemnity and Warranties

This is a contract for rental of the Trailer. We may repossess the Trailer at your expense without notice to you, if the Trailer 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 Trailer. We make no warranties, express, implied or apparent, regarding the Trailer, no warranty of merchantability and no warranty that the Trailer is fit for a particular purpose. You agree to indemnify, defend, and hold harmless us, our 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 your possession, use, operation, or control of the Trailer, including but not limited to bodily injury, death, or property damage.

Renter Initials: ________

Condition and Return of Trailer

You must return the Trailer 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 Trailer is returned after closing hours, you remain responsible for the safety of, and any damage to, the Trailer until we inspect it upon our next opening for business. Service to the Trailer or replacement of parts or accessories during the rental must have our prior approval.

Renter Initials: ________

Responsibility for Damage or Loss; Reporting to Police

You are 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. You are responsible for the cost of repairs or the actual retail cash value of the Trailer 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/crashes involving the Trailer to us within 24 hours of occurrence. You must report all accidents/crashes immediately upon the collision occurring to the police.

Renter Initials: ________

Prohibited Uses

The following uses of Trailer are prohibited:

Transporting dangerous or hazardous items or illegal materiel;
Transporting living persons;
Towing the Trailer by anyone under the influence of drugs or alcohol;
Allowing the Trailer to be towed by anyone who is not a renter or an Authorized Driver;
Any use of the Trailer by anyone who obtained the Trailer or extended the rental period by giving us false, fraudulent or misleading information;
Use of the Trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation;
Use of the Trailer outside the continental United States or Canada;
Use of the Trailer when loaded beyond its capacity, as determined by the manufacturer of the Trailer;
Towing the Trailer through or under any structure without sufficient overhead or side clearance;
Use of the Trailer when it is reasonable to expect you to know that further operation would damage the Trailer;
Using the Trailer in a manner that causes damage to it due to inadequately secured cargo;
Damaging the Trailer by your intentional, wanton, willful or reckless conduct;
Damaging the Trailer by placing signs, lettering or painting on the Trailer.

Renter Initials: ________

Insurance

You have notified your insurance agent of your intention to haul the Trailer. You have been advised by your agent that your liability and property damage insurance covers your risk of liability for injury and/or damage to others or their property and your insurance policy has been endorsed accordingly. You must provide liability insurance coverage on the Trailer during the entire length of the rental period that will cover any and all incidents or accidents while the trailer is in your possession through the motor vehicle insurance policy covering the towing vehicle

Renter Initials: ________

Charges

You agree to pay us on demand for all charges due us under this Agreement, including, but not limited to:

Time, and mileage (if applicable), for the period you keep the Trailer;
Applicable taxes;
All traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the Trailer assessed against us or the Trailer; 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;
All costs we incur by recovering the Trailer if you fail to return it as agreed above;
All costs, including pre-judgment and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement;
A 5% late payment fee on all amounts paid past the due date;
$100 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason;

A reasonable fee not to exceed $500 to clean the Trailer, if returned substantially less clean than when rented. We will not refund any of the time or mileage charges if you return the Trailer earlier than the date or time due in.

Renter Initials: ________

Deposit

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

Renter Initials: ________

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.

Renter Initials: ________

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

Renter Initials: ________

Governing and Venue

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. You agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the courts of Tuscaloosa County, Alabama, and you irrevocably submit to the jurisdiction of such courts.

Renter Initials: ________

Safety and Compliance

You agree 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. You are solely responsible for ensuring that the towing vehicle is properly equipped to safely tow the Trailer in compliance with such laws.

Renter Initials: ________

Credit Card Authorization

By signing this Agreement, you expressly authorize us to charge your 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 you.

Renter Initials: ________

Condition Documentation

Prior to departure, you and we shall inspect the Trailer together, and you acknowledge that photographs may be taken by us to document its condition. You agree that these photographs and inspection notes are conclusive evidence of the Trailer’s condition at the time of rental. You are encouraged to take your own photographs for your records.

Renter Initials: ________

Towing Vehicle Responsibility

You are solely responsible for ensuring that your 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 your sole responsibility.

Renter Initials: ________

Insurance Election

At the time of rental, you will complete and sign the Supplemental Insurance & Waiver Form acknowledging whether you 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). Your signature on that form is incorporated into and made part of this Agreement.

Renter Initials: ________

Early Termination

We reserve the right to terminate this Agreement immediately and repossess the Trailer, at your expense, without prior notice if you breach any term of this Agreement, misuse the Trailer, or if continued possession of the Trailer by you would expose us to risk of loss, damage, or liability.

Renter Initials: ________

Electronic Signatures

You agree that electronic signatures, whether digital or encrypted, and signatures delivered by electronic means (including via DocuSign or similar services), shall be deemed valid and binding to the same extent as an original handwritten signature.

Renter Initials: ________

Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Renter Initials: ________

Renter Signature: _______________________ Date: ___________

Nomad Trailer Rentals Representative: _______________________ Date: ___________