COMMERCIAL TRAILER RENTAL AGREEMENT TERMS AND CONDITIONS—PRIMARY

 1. 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.

2. 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.

3. 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.

4. 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, whether or not you are at fault. You are responsible for the cost of repair 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 involving the Trailer to us and the police within 24 hours of occurrence.

5. Prohibited Uses. The following uses of Trailer are prohibited: ( a) transporting dangerous or hazardous item s or illegal materiel; ( b) transporting living persons; ( c) towing the Trailer by anyone under the influence of drugs or alcohol; ( d) allowing the Trailer to be towed by anyone who is not a renter or an Authorized Driver; ( e) any use of the Trailer by anyone who obtained the Trailer or extended the rental period by giving us false, fraudulent or misleading information; ( f) 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; ( g) use of the Trailer outside the United States or Canada; ( h) use of the Trailer when loaded beyond its capacity, as determined by the manufacturer of the Trailer; ( i) towing the Trailer through or under any structure without sufficient overhead or side clearance; ( j) use of the Trailer w hen it is reasonable to expect you to know that further operation would damage the Trailer; ( k) using the Trailer in a manner that causes dam age to it due to inadequately secured cargo; ( l) damaging the Trailer by your intentional, wanton, willful or reckless conduct; and, ( m ) damaging the Trailer by placing signs, lettering or painting on the Trailer.

6. Insurance. We provide primary collision and comprehensive insurance on the Trailer with a per-occurrence deductible. Our insurance has a per-occurrence deductible, the amount of which is shown as Dealers’ Deductible on the reverse. You are responsible for damage to the Trailer up to the deductible amount. The coverage does not extend to the contents of the Trailer. You must provide liability insurance coverage on the Trailer through the motor vehicle insurance policy covering the towing vehicle.

7. Charges. You agree to pay us on demand for all charges due under this Agreement, including, but not limited to: (a) time, and mileage (if applicable), for the period you keep the Trailer; (b) applicable taxes; (c) 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; (d) all costs we incur recovering the Trailer if you fail to return it as agreed above; (e) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a 5% late payment fee on all amounts paid past the due date; (g) $100 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (h) 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.

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

9. 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.

10. 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.

EQUIPMENT RENTAL AGREEMENT 

1. THE PARTIES. This Equipment Rental Agreement (“Agreement”) is made on this date of checkout by and between: Lessor: American Peak LLC (Brandon Peak) with a mailing address of 3203 Pleasant Street Altoona, WI 54720 (“Lessor”), and Lessee: Name & information filled out in checkout (“Lessee”).
   • Lessor and Lessee are each referred to herein as a “Party” and collectively as the "Parties." 
2. EQUIPMENT DESCRIPTION. The Lessor hereby leases to Lessee the following equipment:
   • Items at checkout
     • Hereinafter known as the “Equipment.” 
3. LEASE TYPE. This Agreement shall be considered a: 
   1. ☐ - Fixed Lease. The Lessee shall lease the Equipment for the period of time selected at Checkout (“Lease Term”). At the end of the Lease Term and no renewal is made, the Lessee: (check one) 
      1. X - May continue to lease the Equipment under the same terms of this Agreement under an extended arrangement. 
      2. ☐ - Must return the Equipment to the Lessor. 
4. RENT. The Lessee agrees to pay the Lessor (Checkout Total) for leasing the Equipment (“Rent”) that shall be paid: (check one) 
   1. X - For the Total Amount. 
   2. ☐ - per Month. 
   3. ☐ - per Week 
   4. ☐ - per Day
   5. ☐ -per 4 Hours
5. RENT INSTRUCTIONS. Rent shall be paid by the Lessee to the Lessor in the following manner: 
   1. Square Payment
   2. Cash
   3. Check
   4. Debit or Credit Card
   5. Venmo
   6. Paypal
   7. Stripe
6. LATE CHARGES. If any amount of Rent is late under this Agreement of more than 1 day(s) late, the Lessee will be obligated to pay a late fee of $50 for each:
   1.  ☐ - Occurrence that Rent is Late
   2.  X - Day that Rent is late. 
   3.  ☐ - Other. _________________________________________________. 
7. NON-SUFFICIENT FUNDS. The Lessee shall be charged $20 for each check that is returned to the Lessor for lack of sufficient funds. 
8. SECURITY DEPOSIT. Prior to taking possession of the Equipment, the Lessee shall: 
   1. X - Be required to pay a deposit. The Lessee will be obligated to pay $20 for the performance by the Lessee under this Agreement for damages caused by the Lessee or Lessee’s agents to the Equipment during the Lease Term. In addition, the Security Deposit may be applied to any amount owed by the Lessee to the Lessor.
   2.  ☐ - NOT be required to pay a deposit. 
9. DELIVERY OF EQUIPMENT. The delivery of the Equipment to the Lessee at the start of the Lease Term and returning to the Lessor at the end of the Lease Term shall be the responsibility of the: (check one) 
   1. ☐ - Lessor 
   2. ☐ - Lessee 
   3. X - Shared between the Parties.
10. OPTION TO PURCHASE. During the Lease Term, the Lessee shall: (check one): 
    1. ☐ - Have the option to purchase the Equipment in its entirety for $______________. After payment has been made, title and possession shall revert immediately to the Lessee.
    2. X - NOT have the option to purchase the Equipment. 
11. REPAIRS AND MAINTENANCE. If for any reason the Equipment shall need repairs or maintenance due to wear-and-tear, the following Party shall be responsible: (check one) 
    1. ☐ - Lessor 
    2. ☐ - Lessee 
    3. X - Shared between the Parties. 
12. INSURANCE REQUIREMENT. The Lessor shall require that the Lessee: (check one) 
    1. ☐ - Have insurance of the following types in order to rent the Equipment: (check all that apply) 
       1. ☐ - Disability Insurance. The Lessee shall be required to maintain liability insurance of at least $______________ for workers and other persons that may be operating, handling, or transporting the Equipment during the Lease Term. Such insurance is intended to indemnify and hold harmless the Lessor from any and all wrongdoing in connection with the injury of any person in the operation of the Equipment.
       2.  ☐ - Casualty Insurance. The Lessee shall be required to insure the Equipment in an amount of at least $______________ for its damage or replacement. 
       3. ☐ - Other. ______________________________________. 
    2. X - NOT be required to have or hold insurance on the Equipment. Although, the Lessee shall be held harmless and indemnified from any and all wrongdoing in connection with any injury of any person in the operation of the Equipment.
13. ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item of item and part of the Equipment upon delivery and pursuant to this Agreement. The Lessee shall have twenty-four (24) hours from the delivery date to inform the Lessor of any discrepancies. If for any reason the Lessee claims the Equipment was not the same or as described under this Agreement, the Lessee shall be able to return the Equipment and obtain a full refund for any Rent, Security Deposit, and any other payments made. 
14. NO WARRANTY. The Lessor makes no warranties, express or implied, as to the equipment leased. The Lessee assumes responsibility for the condition of the Equipment. 
15. RISK OF LOSS OR DAMAGE. The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.
    1.  Damaged or Lost Equipment. Unless otherwise provided in this Agreement, if the equipment is damaged or lost, the Lessor shall have the option of requiring the lessee to either repair the Equipment to a state of good working order or to replace the Equipment with like-equipment and in equal condition. The final decision for approval of any lost or damaged Equipment will be ultimately up to the Lessor.
    2. If the Lessee returns the Equipment dirty, unclean, or with any other debris on the Equipment to the Lessor, the Lessor can charge an additional $20 to the Lessee for a “cleaning fee”.
       1. Cleaning Fee: A $20 fee charged from the Lessor to the Lessee for returning unclean Equipment.
16. TAXES AND FEES. During the Lease Term, the Lessee shall be responsible and be required to pay any applicable taxes, assessments, license, registration, or any other fees associated with the handling and operation of the Equipment. 
17. DEFAULT. The occurrence of any of the following shall constitute a default under this Agreement: 
    1. Failure of Payment. The failure of the Lessee to make a required payment under this Agreement;
    2. Violation of Agreement. The violation of any provision of this Agreement that is not corrected within five (5) business days after written notice has been received;
    3. Bankruptcy. The insolvency or bankruptcy of the Lessee; and
    4. Seizure. The subjection of any of the Lessee’s property to any levy, seizure, assignment, application, or sale for or by any creditor or government agency. 
18. RIGHTS UNDER DEFAULT. If the Lessee shall default under this Agreement, and without notice to or demand on the Lessee, the Lessor may take possession of the Equipment as provided by law with the right to deduct the costs of recovery, including any attorney’s fees and legal costs, in addition to any repair or other costs to obtain the Equipment and bring to the same condition as the Lessee received upon initial delivery. 
19. ASSIGNMENT. The Lessee is strictly prohibited from assigning or subletting the Equipment in any manner unless written consent is given by the Lessor. In addition, the Equipment may not be used by any person or associate other than the Lessee and their agents, employees, and subcontractors.
20. SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall constitute to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, that it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 
21. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State of Wisconsin. 
22. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties. This Agreement replaces any and all prior agreements made between the Parties. 
23. ADDITIONAL TERMS & CONDITIONS. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________
24. EXECUTION. Lessee and Lessor each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly authorized to execute and deliver this Agreement on behalf of that party. 

Our Values & Standards at American Peak LLC

• -Honesty
• -Respect
• -Communication
• -American Quality

…We all need standards in life…

Honesty:

I will be 100% honest about our products and services. With this, I will figure out what's best to help you fulfill your needs to get the job done as efficiently & effortlessly as possible. I also expect full honesty in return. This includes constructive criticism so that I can help make American Peak better for you, as well as everyone else.

Respect:

In my opinion, everyone will receive full respect in every regard. However, Respect is a two-way-street, and must be reciprocated and fulfilled on both sides of any relationship, otherwise it may be lost. I respect your time, money, & willingness to support my business. I also have major respect for all of my equipment, and try to keep it in tip-top shape, this being mechanically & cosmetically. I trust that you guys will also love & respect all of my equipment as if it were your own. I grew up with the standards of "if you ever borrow something from somebody, return it in better condition than when you received it".

Communication:

I believe communication is the most important thing in life. Communication with ourselves, our thoughts, our spouse, our family, our coworkers & boss, etc. Without proper & effective communication, Any & All relationships will be poor, or even fail. I will do my absolute best to have fully honest, kind, fast, & helpful communication with all of my customers, and I also expect the same in return. Whether you break something on an item, need to move rental dates, or whatever the topic may be, I fully respect & require adequate communication between all parties.

American Quality:

Small American businesses & local jobs I think are very important to support for our fellow American citizens. Not only is it a duty to boost the American economy, I think it is a moral action we all need to take as well. With this being said, I will try my best to fully support & work with 100% American Made companies; even if this does mean paying a little more money, or sacrificing some convenience.

I also want to thank you all for supporting my small American business, & I can't wait for you guys to witness all of the wonderful things I have planned for our local communities & the US everywhere!!

Keep supporting & loving others, helping neighbors, & being a great human being who stands up for your beliefs!!