Terms & Conditions

MASTER RENTAL AGREEMENT

This Master Rental User Agreement (the “Agreement”) is made and entered into by and between Kings Rental Club (hereinafter referred to as “Member or Lessor”), and the undersigned customer (hereinafter referred to as “Member or Lessee”). By executing this Agreement once, Lessee acknowledges and agrees that all current and future rentals of equipment from Lessor shall be governed by the terms and conditions contained herein. Each subsequent rental transaction shall be documented by a separate Check-Out/Check-In Form, which shall incorporate this Agreement by reference.

1. DEFINITIONS

1.1 Equipment means any tools, machinery, vehicles, attachments, or accessories rented from Lessor.

1.2 Normal Wear and Tear means minor cosmetic blemishes, superficial scratches, or paint wear that do not impair the safe or intended function of the Equipment. All other damage shall be deemed Lessee’s responsibility.

2. RENTAL PERIOD AND USE

2.1 The rental period shall commence upon execution of the Check-Out/Check-In Form and shall terminate upon Lessor’s physical inspection and acceptance of the Equipment upon return. The rental period will be extended until the equipment is back in usable condition and all repairs have been completed.

2.2 Lessee shall use the Equipment in a safe and prudent manner, solely for its intended purpose, and in compliance with all applicable laws, regulations, and manufacturer’s guidelines.

3. CARE, CUSTODY, AND CONTROL

3.1 Lessee assumes full responsibility, custody, and control of the Equipment from the time of check-out until the time of return and check-in by Lessor. This responsibility includes, without limitation, all loss, theft, destruction, or damage to the Equipment, regardless of cause, except for Normal Wear and Tear.

4. DAMAGE MISUSE LIABILITY

4.1 Lessee agrees to return the Equipment in the same condition as received, ordinary wear and tear excepted. Lessee shall be liable for all costs to repair or replace Equipment damaged by misuse, negligence, accident, abuse, failure to maintain, or any other cause beyond Normal Wear and Tear.

4.2 The Damage & Misuse Liability Schedule attached hereto as Appendix A specifies minimum liquidated damage amounts for specific types of misuse or damage. Lessee acknowledges that such amounts are not penalties but constitute a reasonable pre-estimate of Lessor’s actual anticipated losses, including downtime, diminished value, repair costs, and administrative expenses.

5. RENTAL PROTECTION PLAN (if purchased)

5.1 If Lessee purchases the optional Rental Protection Plan (“RPP”), Lessee’s liability for accidental damage shall be reduced in accordance with the terms of the RPP.

5.2 The RPP expressly excludes coverage for misuse, negligence, abuse, theft, vandalism, failure to maintain fluid levels, or operation in violation of this Agreement. Lessee shall remain fully liable for such excluded losses.

6. INSURANCE

6.1 Lessee agrees to provide proof of insurance upon request and acknowledges responsibility for any loss or damage not covered by Lessee’s insurance or the RPP.

7. INDEMNIFICATION / HOLD HARMLESS

7.1 Lessee shall indemnify, defend, and hold harmless Lessor, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising out of or related to Lessee’s use, operation, possession, transportation, or misuse of the Equipment, including without limitation claims for bodily injury, death, and property damage.

To the fullest extent permitted by law, Lessee/Member agrees to indemnify, defend and hold Kings Rental Club, and all of its respective officers, agents, servants or employees, and affiliates, parents and subsidiaries, harmless from and against any and all liability, claims, loss, damage or costs (including, but not limited to, legal fees, loss of profit, business interruption, other special or consequential damages, damages relating to property damage, bodily injury or damages relating to wrongful death) arising out of or related to the:

1. installation, operation, use, alteration, modification, removal, possession of the equipment,
2. claims by any Member, independent contractor or Member Employee, against Lessee/Member, including but not limited to any claim that Member failed to disclose or obtain consent to data collection contemplated under this agreement, or
3. errors, omissions, inaccuracies or misrepresentations (whether intentional or inadvertent) in the documents or other information provided by Member, or obtained from others (including any third-party documents or documentation), upon which Kings Rental Club relies when providing the equipment or services.

This indemnity provision also applies to any claims asserted against Kings Rental Club based upon strict or product liability causes of action. However, Member shall not be obligated to indemnify Kings Rental Club for that part of any loss, damage or liability caused solely by the intentional misconduct or sole negligence of Kings Rental Club.

In furtherance of, but not in limitation of the indemnity provisions in this agreement, Member expressly and specifically agrees that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability or immunity Member enjoys from suits by its own employees.

The duty to indemnify will continue in full force and effect notwithstanding the expiration or early termination of the Service Agreement.

8. GOVERNING LAW

8.1 This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any dispute, claim, or cause of action arising hereunder shall be brought exclusively in the state courts of Bedford County, Virginia.

9. MISCELLANEOUS

9.1 Entire Agreement: This Agreement, together with Appendix A, constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral.

9.2 Severability: If any provision herein is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Waiver: No waiver of any provision shall be effective unless in writing signed by Lessor. Failure to enforce any right shall not constitute a waiver of such right.

9.4 Attorneys’ Fees: In the event of default by Lessee, Lessee shall be liable for all costs of collection, including reasonable attorneys’ fees.

9.5 Remedies: Lessor shall be entitled to pursue any and all remedies available at law or equity in the event of Lessee’s breach.

CUSTOMER ACKNOWLEDGMENT

By signing below, Lessee acknowledges that they have read, understood, and agree to be bound by this Master Rental Agreement, including Appendix A – Damage & Misuse Liability Schedule.

APPENDIX A – DAMAGE & MISUSE LIABILITY SCHEDULE

Lessee acknowledges and agrees to be responsible for the following minimum liquidated damages for misuse, negligence, or damage to equipment. These charges are not penalties but represent a fair and reasonable pre-estimate of anticipated losses, including downtime, administrative costs, diminished equipment value, and repair expenses.

Misuse Scenario	Minimum Liquidated Damages	Notes
Track torn off / derailed due to improper use	$1,200	Full track replacement may be required
Hydraulic line or fitting damage from improper use	$1,000	Includes hoses, seals, labor
Rollover or cab/ROPS damage	$9,000	Structural repair, welding, fabrication
Bucket/attachment misuse	$1,800	Cracked, bent, or warped parts
Electrical damage (misuse, unauthorized access/wiring)	$4,500	Control modules, wiring harnesses, relays
Control system or joystick damage	$1,250	May require full system replacement
Frame damage from impacts or overloading	$14,000	Includes weld repairs, inspections
Total loss due to abuse (actual replacement cost)	$105,000	Full machine replacement liability
Scratches, lettering, logo and paint damage	$475.00	Cost of the repairs
All other damages during the rental period	Actual cost	All other damages during the rental period actual cost of repairs
Hydraulic line, cylinder or fitting damage from improper use	$1,000	Includes hoses, seals, labor
Engine damage - Diagnostic evaluation required	$6,500	Diagnostic evaluation required

It is the responsibility of the Member/Lessee renter to take photos of the equipment prior to and after the rental to validate the equipment condition and the hours or fuel levels as applicable.