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Rental Agreement

DOORDROP RENTALS, LLC

CONSTRUCTION EQUIPMENT RENTAL AGREEMENT

Version 2.2

IMPORTANT — PLEASE READ ENTIRELY PRIOR TO CHECKING THE CONFIRMATION BOX IN THE RESERVATION

This Construction Equipment Rental Agreement (“Agreement”) governs the rental of equipment from DoorDrop Rentals, LLC (“DoorDrop Rentals,” “we,” “us,” or “our”) to the individual or entity identified on the reservation (“Renter,” “you,” or “your”).

The reservation confirmation, rental schedule, equipment description, pricing, delivery and pickup information, and any additional terms presented during checkout are incorporated into this Agreement.

By checking the “I have read and agree to the Construction Equipment Rental Agreement” box and completing the reservation, Renter acknowledges that Renter has read, understands, and agrees to be legally bound by this Agreement.

TERMS AND CONDITIONS

1. Equipment Covered

This Agreement applies to all equipment provided by DoorDrop Rentals in connection with the reservation, including construction equipment, machinery, trailers, attachments, buckets, forks, implements, accessories, batteries, chargers, keys, locks, chains, binders, straps, manuals, and other items supplied with the rental (collectively, the “Equipment”).

The specific Equipment rented, rental dates, rates, delivery charges, and other transaction-specific information will be identified on the reservation or Rental Schedule.

2. Authorized and Qualified Operators

Only the Renter and operators authorized by the Renter may operate the Equipment.

Renter is responsible for ensuring that every operator is legally permitted, physically capable, properly trained, experienced, and qualified to safely operate the Equipment.

Renter shall not allow children, untrained individuals, unauthorized persons, or persons impaired by alcohol, drugs, medication, fatigue, or any other condition affecting safe operation to operate the Equipment.

Renter remains fully responsible for the Equipment and for the acts and omissions of every person who operates, possesses, transports, or uses the Equipment during the rental period.

3. Inspection and Acceptance of Equipment

Renter shall inspect the Equipment before operation.

Unless Renter reports a defect, shortage, or existing damage to DoorDrop Rentals before using the Equipment, Renter acknowledges that the Equipment was received in reasonably good operating condition and without apparent damage except as previously documented by DoorDrop Rentals or Renter.

Photos, videos, inspection records, telematics information, and other documentation may be used by DoorDrop Rentals to document Equipment condition before and after the rental.

Renter shall not operate Equipment that Renter believes is unsafe or defective.

4. Rental Period

The rental period begins at the scheduled Rental Start Date and Time shown on the Rental Schedule, regardless of whether DoorDrop Rentals delivers the Equipment before that time.

Early delivery is provided solely as a convenience and does not authorize use before the scheduled rental period unless DoorDrop Rentals expressly approves such use.

The rental does not end merely because Renter has stopped using the Equipment.

At the scheduled return or pickup time, all Equipment must be:

  • No longer in use;
  • Reasonably clean;
  • Refueled to the same fuel level provided at the beginning of the rental;
  • Complete with all rented attachments and accessories;
  • Parked in a safe and accessible location;
  • Free from materials, debris, or obstructions preventing pickup; and
  • Fully staged and ready for immediate pickup.

Renter is responsible for refueling the Equipment before the scheduled pickup time. Equipment that has not been refueled as required will not be considered fully ready for pickup and may be subject to refueling and other applicable charges.

Rental charges may continue until these requirements are satisfied and the Equipment is available for return or pickup.

5. Late Returns and Equipment Not Ready for Pickup

Renter shall have the Equipment completely ready at the scheduled return or pickup time.

If Equipment is unavailable, inaccessible, excessively dirty, not properly refueled, still being used, missing attachments or accessories, blocked from pickup, or otherwise not ready, DoorDrop Rentals may charge Renter for additional rental time and reasonable waiting, labor, cleaning, refueling, transportation, rescheduling, and return-trip expenses.

Late Equipment may also affect another customer's reservation. Renter agrees to promptly notify DoorDrop Rentals if a delay is anticipated.

6. Rental Charges, Payment, and Security Authorization Hold

Renter agrees to pay all amounts arising from the rental, including applicable:

  • Rental charges;
  • Delivery and pickup charges;
  • Taxes and governmental fees;
  • Fuel and refueling charges;
  • Cleaning charges;
  • Excess-use or additional-time charges;
  • Late-return charges;
  • Damage and repair charges;
  • Replacement costs for lost, stolen, or destroyed Equipment;
  • Missing-item charges;
  • Transportation and recovery expenses;
  • Collection costs; and
  • Other charges authorized by this Agreement or disclosed during the reservation process.

Amounts due after completion of the rental may be charged to the payment method provided by Renter, to the extent permitted by applicable law and the payment authorization provided during checkout.

Renter remains responsible for amounts due even if those amounts exceed any deposit, authorization hold, preauthorization, or initial payment.

$1,500 Security Authorization Hold

By accepting this Agreement and completing the reservation, Renter authorizes DoorDrop Rentals to place a $1,500 authorization hold on the credit or debit card provided for the reservation as security for the Equipment and Renter's obligations under this Agreement.

The authorization hold may be applied toward amounts properly owed by Renter under this Agreement, including, as applicable:

  • Damage to the Equipment;
  • Loss or theft;
  • Missing Equipment, attachments, accessories, keys, or other items;
  • Fuel and refueling charges;
  • Excessive cleaning;
  • Late return or additional rental time;
  • Waiting time;
  • Equipment that is inaccessible or not properly prepared for pickup;
  • Additional pickup, recovery, or transportation expenses; and
  • Other authorized incidental charges arising from the rental.

If the Equipment is returned or made available for pickup on time, properly refueled, reasonably clean, complete with all Equipment, attachments and accessories, accessible and ready for pickup, and without damage or other amounts due under this Agreement, DoorDrop Rentals will release the full $1,500 authorization hold following completion of the return inspection.

Renter understands that the time required for released funds to become available is determined by Renter's card issuer or financial institution and is outside DoorDrop Rentals' control.

If charges are properly due under this Agreement, DoorDrop Rentals may apply all or a portion of the authorization hold toward those amounts. Any remaining portion of the hold will be released after applicable charges have been determined.

The $1,500 authorization hold is security only and does not limit Renter's financial responsibility under this Agreement. If amounts owed by Renter exceed $1,500, Renter remains responsible for the additional amount, and DoorDrop Rentals may charge the payment method provided or otherwise seek payment as permitted by this Agreement and applicable law.

7. Fuel and Cleaning

Renter is responsible for refueling the Equipment before the scheduled return or pickup time.

Equipment must be returned with at least the same fuel level provided at the beginning of the rental, unless otherwise expressly stated on the Rental Schedule.

For Equipment being picked up by DoorDrop Rentals, the required fuel must be added before DoorDrop Rentals arrives for the scheduled pickup. Renter should not rely on DoorDrop Rentals' driver to wait while the Equipment is being refueled.

If Equipment is returned or presented for pickup without the required fuel level, DoorDrop Rentals may charge Renter for the fuel required to restore the Equipment to the proper level, together with a reasonable refueling/service charge as disclosed in the reservation, Rental Schedule, or applicable fee schedule.

Equipment must also be returned reasonably clean and free from excessive mud, concrete, asphalt, paint, manure, hazardous materials, trash, or other contamination.

Ordinary jobsite dust and normal dirt associated with reasonable use are expected. Excessive cleaning may result in additional charges.

8. Daily Inspection and Maintenance

Before each use, Renter shall perform a reasonable walk-around inspection and check items appropriate for the Equipment, including:

  • Engine oil and other required fluids;
  • Coolant;
  • Hydraulic fluid and visible hydraulic leaks;
  • Tires or tracks;
  • Hoses and fittings;
  • Attachments and locking mechanisms;
  • Safety devices and guards;
  • Warning indicators; and
  • Visible damage or unsafe conditions.

Renter shall immediately stop operation if warning lights, abnormal noises, overheating, leaks, low fluid conditions, damaged components, or other potentially unsafe conditions occur.

Renter shall not continue operating Equipment when doing so could reasonably cause additional damage.

9. Proper and Safe Use

Renter shall operate Equipment safely, carefully, and only for its intended purpose and within all manufacturer-rated capacities and limitations.

Renter shall comply with applicable laws, safety requirements, operating instructions, warning labels, and manufacturer recommendations.

Without DoorDrop Rentals' written permission, Renter shall not:

  • Modify or alter the Equipment;
  • Disable or bypass safety systems;
  • Remove guards or protective devices;
  • Exceed rated operating or lifting capacities;
  • Use improper attachments;
  • Use the Equipment for racing, stunts, competitions, or unlawful activities;
  • Permit passengers where passenger seating is not specifically provided;
  • Sublease or loan the Equipment to another person or entity; or
  • Take the Equipment outside the agreed rental area.

10. Underground Utilities and Excavation

Renter is solely responsible for identifying underground and overhead hazards before operating excavation, trenching, drilling, grading, or similar Equipment.

Renter shall contact 811 and any other appropriate utility-location services before digging when required or appropriate.

Renter is responsible for complying with applicable excavation and utility-location laws and for verifying marked utilities before beginning work.

DoorDrop Rentals does not inspect or approve the Renter's worksite and makes no representation concerning underground utilities, soil conditions, slopes, overhead power lines, structures, or other site hazards.

Renter is responsible for damage, claims, fines, costs, and expenses resulting from utility strikes or other worksite hazards to the extent caused by Renter's use or operation of the Equipment.

11. Transportation and Load Securement

When DoorDrop Rentals provides delivery and pickup, DoorDrop Rentals is responsible for its transportation of the Equipment.

If Renter transports the Equipment, Renter is solely responsible for determining that the tow vehicle, trailer, hitch, coupler, braking system, tires, chains, binders, straps, and other securement equipment are appropriate and legally sufficient.

Renter shall comply with applicable vehicle weight, towing, licensing, trailer-brake, and cargo-securement requirements.

DoorDrop Rentals may refuse to release Equipment when DoorDrop Rentals reasonably believes the proposed transportation method is unsafe or unlawful.

12. Trailer Responsibility

If a trailer is included in the rental, Renter shall inspect it before use and is responsible for its safe operation and condition while in Renter's possession.

Renter shall properly connect the hitch, safety chains, breakaway system, electrical connection, and trailer brakes and shall properly secure all cargo.

Renter is responsible for damage caused by overloading, improper loading, improper hitching, inadequate clearance, backing accidents, curb strikes, tire damage caused by misuse, or improper securement.

13. Damage, Loss, and Theft

Except for ordinary wear from proper use, Renter is responsible for loss of or damage to the Equipment occurring while the Equipment is in Renter's possession, custody, or control, to the extent permitted by applicable law.

This responsibility includes, as applicable, damage or loss resulting from:

  • Collision;
  • Rollover;
  • Theft;
  • Vandalism;
  • Fire;
  • Flood or water exposure;
  • Broken glass;
  • Tire or track damage beyond normal wear;
  • Hydraulic-system damage;
  • Engine or drivetrain damage;
  • Attachment damage;
  • Improper transportation;
  • Improper securement;
  • Abuse or misuse;
  • Contamination;
  • Utility strikes; or
  • Failure to reasonably protect the Equipment.

Renter shall immediately notify DoorDrop Rentals of any accident, theft, vandalism, significant damage, or loss.

Theft or suspected criminal activity must also be reported promptly to appropriate law-enforcement authorities.

14. Negligence, Misuse, and Preventable Damage

Renter is responsible for preventable damage caused by misuse, abuse, negligence, improper operation, or failure to follow operating requirements.

Examples include damage resulting from:

  • Operating with low oil, coolant, hydraulic fluid, or other required fluids;
  • Continuing operation after a warning light or abnormal condition occurs;
  • Overloading or exceeding rated capacities;
  • Fuel contamination or use of incorrect fuel;
  • Improper attachment installation;
  • Operating on unsafe slopes or terrain;
  • Improper towing or transportation;
  • Failure to secure Equipment;
  • Unauthorized repairs or modifications;
  • Utility strikes; or
  • Allowing unauthorized or unqualified persons to operate the Equipment.

15. Normal Wear and Tear

Renter is not responsible for ordinary mechanical wear resulting from proper operation during the rental period.

Normal wear does not include damage caused by abuse, misuse, impact, collision, improper operation, neglect, contamination, failure to perform required checks, or continued operation after an Equipment warning or malfunction.

16. Insurance

Renter is responsible for maintaining insurance appropriate for Renter's activities and the Equipment being rented.

DoorDrop Rentals may require proof of insurance before releasing Equipment.

Renter understands that DoorDrop Rentals' insurance, if any, does not necessarily provide coverage for Renter, Renter's property, Renter's employees, Renter's operators, or Renter's liability arising from use of the Equipment.

Unless DoorDrop Rentals expressly provides a separate written damage-waiver or protection plan, no payment made under this Agreement should be interpreted as a waiver of Renter's responsibility for loss or damage.

17. Accidents and Injuries

Renter shall immediately stop operation and notify DoorDrop Rentals following any serious accident, rollover, collision, injury, property damage, or significant Equipment damage.

Renter shall cooperate in documenting the incident and shall provide information reasonably requested by DoorDrop Rentals or its insurer.

Renter shall not conceal or intentionally misrepresent the circumstances of an accident or Equipment damage.

18. Assumption of Risk

Renter acknowledges that construction equipment, excavation equipment, trailers, powered machinery, and attachments can cause serious injury, death, and property damage.

Hazards may include rollover, crushing, falling objects, moving components, hydraulic pressure, unstable terrain, underground utilities, overhead utilities, traffic, towing, loading, unloading, and other jobsite conditions.

Renter knowingly assumes the risks associated with possession, transportation, and operation of the Equipment, except to the extent liability cannot legally be waived or allocated under applicable law.

19. Indemnification

To the fullest extent permitted by applicable law, Renter agrees to defend, indemnify, and hold harmless DoorDrop Rentals, LLC and its owners, managers, employees, agents, and representatives from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising from Renter's possession, transportation, storage, or use of the Equipment or the acts or omissions of Renter's operators or other persons permitted access to the Equipment.

This provision does not require Renter to indemnify DoorDrop Rentals for liability that applicable law prohibits DoorDrop Rentals from transferring to Renter, including liability finally determined to have resulted solely from DoorDrop Rentals' gross negligence or willful misconduct where such liability cannot legally be waived.

20. Limitation of Liability

To the fullest extent permitted by law, DoorDrop Rentals shall not be liable for indirect, incidental, special, exemplary, or consequential damages arising from the rental or use of the Equipment, including lost profits, lost business, project delays, loss of productivity, substitute-equipment costs, or downtime.

Nothing in this Agreement limits liability that cannot lawfully be limited or excluded.

21. Mechanical Failure and Breakdown

Mechanical failures can occur even when Equipment has been properly maintained.

If Equipment malfunctions, Renter shall:

  1. Stop operation as soon as it is safe to do so;
  2. Secure the Equipment;
  3. Notify DoorDrop Rentals promptly; and
  4. Follow reasonable instructions provided by DoorDrop Rentals.

Renter shall not perform or authorize repairs, disassemble components, or hire a third party to repair Equipment without prior authorization from DoorDrop Rentals, except when reasonably necessary to address an immediate emergency involving safety.

DoorDrop Rentals is not responsible for project delays, lost labor, lost profits, or other consequential losses resulting from Equipment breakdown or unavailability, to the extent permitted by law.

22. Security and Theft Prevention

Renter shall take reasonable precautions to protect the Equipment from theft, vandalism, and unauthorized use.

When Equipment is unattended, Renter shall remove keys when practical and use supplied locks, security devices, or other reasonable theft-prevention measures.

Renter shall not intentionally disable, remove, interfere with, or obstruct any installed GPS, telematics, tracking, hour-meter, or security device.

23. GPS and Telematics

Renter acknowledges that certain Equipment may contain GPS, telematics, hour meters, diagnostic systems, or similar technology.

These systems may record information concerning Equipment location, operating hours, fault codes, maintenance information, and Equipment status.

DoorDrop Rentals may use this information for legitimate rental-business purposes, including Equipment recovery, theft prevention, maintenance, billing, safety, and verification of Equipment use, subject to applicable law.

24. No Subleasing or Transfer

Renter may not sell, pledge, sublease, rent, loan, transfer, conceal, or otherwise dispose of the Equipment or allow another person or business to take possession of it except as permitted by this Agreement.

25. Default and Recovery of Equipment

Renter is in default if Renter:

  • Fails to pay amounts when due;
  • Fails to return Equipment as required;
  • Materially violates this Agreement;
  • Provides materially false information;
  • Abandons or improperly transfers the Equipment;
  • Uses the Equipment unlawfully or dangerously; or
  • Unreasonably prevents DoorDrop Rentals from recovering Equipment after the rental has ended or following a material default.

Upon default, DoorDrop Rentals may terminate the rental and exercise remedies available under applicable law, including recovery of its Equipment.

Renter is responsible for reasonable recovery, transportation, collection, and legal expenses to the extent permitted by law.

DoorDrop Rentals will not breach the peace when recovering Equipment.

26. Credit Card and Payment Authorization

Renter authorizes DoorDrop Rentals to charge the payment method provided for amounts Renter owes under the reservation and this Agreement, subject to applicable law and the authorization provided through the payment system.

This may include amounts determined after return of the Equipment for fuel, cleaning, late return, missing items, damage, repair, replacement, or other properly documented charges.

DoorDrop Rentals may provide invoices, photographs, repair estimates, receipts, inspection records, or other supporting documentation for post-rental charges when appropriate.

The authorization provided in this Section is in addition to the $1,500 security authorization hold described in Section 6, and the existence or release of that hold does not waive Renter's responsibility for other amounts properly due under this Agreement.

27. Collections

Renter remains responsible for unpaid balances.

If an unpaid account is referred for collection or legal enforcement, Renter may be responsible for reasonable collection costs, court costs, and attorney fees to the extent permitted by applicable law.

28. Reservation and Cancellation Terms

Reservation deposits, cancellation charges, refund eligibility, weather-related cancellations, and rescheduling are governed by the cancellation and reservation policies disclosed to Renter during checkout or on the Rental Schedule.

Renter acknowledges that reserving Equipment may cause DoorDrop Rentals to remove that Equipment from availability for other customers.

29. No Warranty of Suitability for Renter's Particular Project

DoorDrop Rentals may provide general information regarding Equipment capabilities; however, Renter is responsible for determining whether the Equipment is appropriate for Renter's particular project, terrain, soil, load, access conditions, towing vehicle, worksite, and intended use.

Manufacturer specifications and rated capacities must be followed.

30. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Utah, without regard to conflict-of-law principles.

Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction as permitted by applicable law.

Where permitted by law, the prevailing party in an action to enforce this Agreement may recover reasonable attorney fees and costs.

31. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect.

32. Entire Agreement

This Agreement, together with the Rental Schedule, reservation details, checkout disclosures, and any separately accepted addenda or policies, constitutes the agreement between DoorDrop Rentals and Renter concerning the rental.

No verbal statement modifies this Agreement unless confirmed by DoorDrop Rentals in writing.

33. Electronic Records and Acceptance

Renter agrees that this Agreement and related rental documents may be provided electronically.

Renter's electronic acceptance, including checking the confirmation box and completing the reservation, is intended to constitute Renter's electronic signature and agreement to these terms to the extent permitted by applicable law.

DoorDrop Rentals may maintain electronic records showing the Agreement version accepted, date and time of acceptance, reservation information, and other transaction records.

CUSTOMER ACKNOWLEDGMENT

PLEASE READ THIS AGREEMENT ENTIRELY PRIOR TO CHECKING THE CONFIRMATION BOX IN THE RESERVATION.

By checking the confirmation box in the reservation and completing the reservation, Renter acknowledges and agrees that:

  • Renter has had the opportunity to read this entire Construction Equipment Rental Agreement;
  • Renter understands and agrees to its terms;
  • Renter understands that operating construction equipment involves risk of serious injury, death, and property damage;
  • Renter accepts responsibility for the Equipment as described in this Agreement;
  • Renter authorizes the $1,500 security authorization hold described in Section 6;
  • Renter agrees to pay applicable charges arising under the rental and this Agreement; and
  • Renter intends the electronic acceptance to be legally binding.