Landscape Pro Rentals

Rental Agreement

COMBINED 1) EQUIPMENT RENTAL AGREEMENT, 2) ACKNOWLEDGEMENT OF RISK, WAIVER AND RELEASE OF CLAIMS,

AND 3) INDEMNFICIATION AGREEMENT

The undersigned (“You”) agrees to these terms and acknowledgement of risks, waivers and claims with respects to the rental/lease/use of equipment or goods from ________________ and (referred to as “Company”) and ____________ (referred to as “Renter” and “You” or “Your” throughout this agreement). You hereby agree to the following:

  1. Acknowledgement of Risk: You acknowledge there is an inherent risk in the use of equipment and associated attachments (collectively, the "Equipment"). You further acknowledge that such risk includes, but is not limited to physical injury, illness, death, or damage to personal property. You acknowledge that the risks inherent in the use of the "Equipment" are always present and that such risks are increased when the "Equipment" is used incorrectly or unsafely. You represent and warrant to COMPANY that you have all of the necessary and proper training and knowledge for any and all uses (collectively "Your Use") of the "Equipment" and that you will not intentionally engage in unsafe or improper use of said "Equipment". Your Use will be in accordance with any and all rules, guidance and protocols set forth by COMPANY. You assume all risk of any injury, damage or loss. This Release applies to all use of the "Equipment" regardless of your authorization for such use. Waiver and Release Claims. You waive, relinquish, discharge, release, and covenant not to sue COMPANY, or any of its affiliates, owners, directors, managers, officers, employees, representatives, representatives, board members, agents, assigns or insurers (collectively, the “Waived Parties”), from any and all rights, claims, demands, causes of action, damages, liabilities or losses, that you, your employer, your assigns, your family members or kin may have or could have had that may arise from or are related to "Your Use" (INCLUDING NEGLIGENCE BUT NOT INTENTIONAL OR RECKLESS MISCONDUCT BY COMPANY).
  2. Disclaimer of Liability: In no event shall any waived party be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, however caused and on any theory of liability, whether, of liability, whether in contract, strict liability of tort (INCLUDING NEGLIGENCE BUT NOT INTENTIONAL OR RECKLESS MISCONDUCT BY A WAIVER PARTY) arising in any way out of Renter’s use, even if such Waived Party has been advised of the possibility of such damage. This disclaimer of liability applies to any damages, injuries or losses including, without limitation, personal injury, death or property damage, under any cause of action. Additional Representations. You acknowledge you have had an opportunity to object to any or all the terms described herein and, after careful consideration, fully understand the extent of the waiver represented by such terms in their aggregate and waive any right to bargain for different terms.
  3. Indemnification/Hold Harmless/Defense Obligations: To the fullest extent permitted by law, the Renter shall indemnify, hold harmless and defend Company and their officers, partners, managers, employees, agents, representatives and consultants from any and all claims for bodily injury, death, damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses, including but not limited to attorneys’ fees arising out of or resulting from either the performance of work and/or any association of Equipment usage, provided that any such claim, damage, loss or expense (1) is attributed to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or part by any negligent act or omission of the Renter or any Renter-utilized Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose act of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any part of persons described in this paragraph. In any claims against the Company or any of their officers, partners, managers, employees, agents, representatives and consultants by any employee of the Renter or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this agreement shall not be limited in any way by any limitation to the amount or type of damages, compensation or benefits payable by or for the Renter or any Renter-associated Subcontractors under workers’ or Workers’ Compensation coverage/acts, disability benefits, payroll and compensation obligations (including wage & hour) acts or other employee benefit acts. Renter shall not be obligated to indemnify and defend Company for claims found to be due to the sole negligence or willful misconduct of Indemnified Parties.
  4. Insurance:
    1. Company will not provide insurance of any kind, liability or property, for any equipment, operations, risks, claims, accidents, or otherwise for any equipment and/or while equipment is rented by You and/or is under your control, custody or management.
    2. Renter is required to provide the following insurance coverages detailed below:

[Applies to Commercial Accounts]

  1. Commercial General Liability:
    1. Per Occurrence $1,000,000
    2. General Aggregate - $2,000,000
    3. Products - Comp/Op Aggregate $2,000,000
    4. Personal & Advertising Injury $1,000,000
    5. Medical Expense Coverage $5,000

Required coverages:

  • ISO form CG 00 01 or equivalent
  • Additional Insured coverage to benefit Company
  • Waiver of Subrogation to benefit Company
  • Primary/Non-Contributory coverage to benefit Company
  1. Commercial Automobile: Combined Single Limit of $1,000,000

Required coverages:

  • Must include coverage for all Includes Owned, Non-Owned & Hired Autos
  • Liability must include Symbol 1 coverage
  • Additional Insured coverage to benefit Company
  1. Workers’ Compensation:

Required coverages:

  • Statutory Benefits for All Employees in the state where the project/operations are taking place
  • Employers’ Liability coverage of $500,000 Each Accident, $500,000 Disease Policy Limit, $500,000 Disease each Employee
  • Waiver of Subrogation to benefit Company
  1. Commercial Property / Inland Marine (Contractors Equipment): $25,000

Required coverages:

  • Policy must include coverage for “Rented, leased or borrowed” from others
  • Company must be listed as a Loss Payee on either blanket or individual endorsement basis

[Applies to Individual Accounts]

  1. Personal Automobile:
    • Per Occurrence $100,000
    • Renter shall provide evidence of insurance at inception of the contract and annually thereafter, in the form of a Certificate of Insurance for Liability coverage, and an Evidence of Insurance document for proof of Equipment (property or contractors equipment) insurance coverage. Policy endorsements for Additional Insured coverage, Waivers of Subrogation, Primary/Non-Contributory and Loss Payee coverages shall also be delivered with the Broker-provided proof of insurance coverage documents. Not supplying these documents to completion or a lack of response of notification from the Company of the required documentation does not relieve Renter of its obligations to provide.
    • Pricing: Company and Renter shall have separate written agreements with respect to daily use rates of Equipment and not detailed in this Agreement and Release.

      Loss & Damage: You will be responsible for risk of loss, theft, damage or destruction to the Equipment form any and every cause. If Equipment is lost or damaged, you will continue to be responsible for rent obligations until Equipment is either fully repaired or replaced, should the Equipment be of a total loss. If the Equipment is deemed to be a total loss by a qualified 3rd party Contractor, you should be responsible for the value subject to market value, as determined by Company via investigation and research of comparable products in the immediate Mid-Atlantic territory.

      Term: This agreement is to be considered a year-long agreement, and automatically renewable and agreed to between the parties on the anniversary of the original agreement date execution, unless either party is notified by the other at least 5 days prior to automatic renewal.

      YOU HAVE READ THIS RELEASE THOROUGHLY. YOU SIGN THIS RELEASE VOLUNTARILY ON BEHALF OF YOURSELF, YOUR HEIRS, NEXT OF KIN, ASSIGNS, PERSONAL REPRESENTATIVES AND RELATED INDIVIDUALS. NO ONE HAS MADE ANY REPRESENTATIONS, STATEMENTS OR INDUCEMENTS THAT CHANGE OR MODIFY ANYTHING WRITTEN IN THIS RELEASE.

      Signatures

      ___________________________________________ _______________________Renter Authorized Name (Printed) Date

      ___________________________________________Renter Authorized Name (Signature)





      NOTE: Company NOT responsible for any damages to vehicle or trailer of any nature
      Renter Initials ______