1. 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 include The Trailer Team LLC acting managing partner of TonTon Trailer Rentals LLC, BBC LLC dba WPB Trailer Rentals and WPB Trailer Rentals acting managing partner of MoveUrPony LLC 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 and it’s accessories, 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 items or illegal material; ( 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 or anyone under 25 years of age; ( 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; ( 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 when it is reasonable to expect you to know that further operation would damage the Trailer; ( k) using the Trailer in a manner that causes damage 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. Cancellation Policy. You must give us notice of cancellation at least 24 hours prior to your pick-up time. Any cancellations made within 24 hours of your pick-up time will result in your credit card on file being charged 50% of your Total Rental Cost (excluding the security deposit).
   7. Late fees. Failure to return the trailer by your scheduled drop-off time will result in a charge for an additional day of rental at the trailer’s daily rental rate. You agree to call prior to your drop-off time to let us know if you are running late.
   8. 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 cover 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.
   9. Charges. You agree to pay us on demand and for all charges due us 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.
   10. Deposit. We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the Trailer.
   11. Failure to Provide Service. In the event we are unable to give possession of the Trailer to you on the Pickup Date / Time, we will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. A different Trailer of like may be used in place of the originally reserved Trailer. In the event that we can no longer fulfill this Rental Order, and no like trailers are available, we will return the deposit and any other monies paid with the exception of Credit Card Processing Fees and Delivery Fees if a delivery attempt was made.
   12. 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.
   13. 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.
       
   14. Vehicle and Trailer GVWR. You understand that you responsible for verifying your vehicle’s max towing capacity and Gross Vehicle Weight Rating (GVWR) by the automotive manufacture recommendations. You also understand the Trailer ’s weight listed on the Trailer stamp and that the cargo you load into the Trailer is not to exceed the Maximum cargo weight listed.
   15. Card on file. You authorize this business to keep your credit card on file for any future transactions until you request a cancellation. You understand that the terms of this authorization will remain in effect until you request that they be terminated. You acknowledge that you are responsible for making this request in writing.
   16. Equipment Check. You will carefully inspect the trailer, tires, hitch, and towing equipment/supplies at the time of Pick-up and if any of them them are not in satisfactory condition you will report these findings to us prior to proceeding with the Trailer rental.
   17. Trailer Tracking. We use a tracking system to monitor trailer locations for security and recovery in case of theft or unauthorized use. You consent to this tracking during the rental period. Tracking data is confidential and accessed only by authorized personnel or law enforcement for recovery purposes. It will not be shared or used otherwise. You must not tamper with, disable, or remove any tracking devices. Interference may result in penalties and legal action. We are not liable for damages or claims from tracking use, except in cases of negligence or willful misconduct. You release us from liability related to tracking inaccuracies or service disruptions.
   18. Livestock Clause. We are not responsible for any loss or death of animals during livestock transportation. “Livestock” includes cows, horses, pigs, sheep, and other farm animals. You acknowledge and assume the risks involved in transporting livestock and take full responsibility for their safety and well-being. You agree to indemnify us against any claims, liability, costs, or attorney fees arising from the loss or death of animals during the rental period. If a dead animal is found in the trailer upon return, you are responsible for any disposal fees. We are also not liable for any injuries sustained by animals while you use the trailer. 

Customer Acknowledgement

By marking the checkbox, you acknowledge that you have been given an opportunity to read the Terms and Conditions of this Agreement before being asked to agree. You acknowledge that the above information in regard to your Contact Information, Driver’s License, and Insurance Policy are correct. Your acknowledgment authorizes us to process a credit card voucher for all charges due to us under this agreement, including later payment of any traffic, toll, or parking violations assessed against the Trailer. You agree that if you paid with a method different than credit card, that you will pay all monies owed upon acknowledgement/invoice of monies due