EQUIPMENT RENTAL AMERICA
New Smyrna Beach, Florida
This Trailer Rental Agreement (“Agreement”) is entered into by and between Equipment Rental America, LLC, a Florida limited liability company with its principal place of business in New Smyrna Beach, Florida (“Company”), and the undersigned renter (“Renter”).
Acknowledgment
By signing below, Renter acknowledges that they have read, understood, and agree to all terms of this Agreement. Renter further acknowledges full assumption of risk and release of all liability of Equipment Rental America.
1. Rental Terms
Equipment: The trailer(s) identified at the time of rental.
Rental Period: As agreed upon at the time of reservation and confirmed on the rental invoice. Condition of Equipment: Renter acknowledges receipt of the trailer in good condition and agrees to return the trailer in the same condition, normal wear and tear excepted.
2. Use of Equipment
- Trailer shall only be used for lawful purposes.
- Renter shall not overload, misuse, or operate the trailer in an unsafe manner.
- Renter shall comply with all federal, state, and local laws and regulations while using the trailer.
3. Renter’s Responsibilities
- Renter assumes full responsibility for all damages to the trailer, whether caused by collision, misuse, negligence, theft, fire, vandalism, or otherwise.
- Renter is solely responsible for securing their own insurance coverage.
- Renter shall be liable for all costs of repair or replacement of the trailer, regardless of fault.
4. Liability and Indemnification
- Company bears no responsibility or liability for any accidents, injuries, property damage, loss of life, or any other damages arising from the use of the trailer. Renter agrees to indemnify, defend, and hold harmless Company, its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, lawsuits, costs, and expenses (including attorney’s fees) arising out of or related to the rental or use of the trailer.
- In the event of an accident, Renter’s insurance shall be solely liable for any and all damages to other parties, property, or persons, including death.
5. No Warranty
- Company provides the trailer “AS IS” with no warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose or merchantability.
6. Return of Equipment
- Renter shall return the trailer by the agreed date and time in clean condition.
- Failure to return the trailer may constitute theft and be prosecuted under Florida law.
7. Default
If Renter fails to comply with this Agreement, Company may immediately terminate the rental, repossess the trailer, and pursue all available remedies under Florida law.
8. Governing Law & Venue
- This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
- Venue for any legal disputes shall be exclusive to Volusia County, Florida.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties. No oral statements or prior agreements shall modify its terms.
10. Acknowledgment
By signing below, Renter acknowledges that they have read, understood, and agree to all terms of this Agreement. Renter further acknowledges full assumption of risk and release of all liability of Equipment Rental America.