This Rental Contract (“Agreement”) is made and entered into between Development 360, inc , DBA Rent ‘n King, (“Owner”) with its principal place of business located at 4385 SR-48, Charlotte, TN 37036 and/or 10296 Highway 46, Bon Aqua, TN 37025, and (“Renter”).
This Agreement is effective as of the date signed by the Renter.
- Equipment: Owner agrees to rent to Renter, and Renter agrees to rent from Owner, the construction equipment and trailer described in the attached Schedule A (“Equipment”).
- Rental Period: The rental period for the Equipment shall begin on [START DATE] and end on [END DATE]. Renter shall promptly return the Equipment to Owner on the end date of the rental period, unless otherwise agreed upon in writing by Owner. Early return of equipment does not alter the rental period chosen since the item has been removed from the available rentals and restricted from others renting the item. No refunds are created by an early return without explicit prior agreement by Rent 'n King.
- Rental Fees and Payment: Renter shall pay to Owner the rental fees for the Equipment as set forth in the attached Schedule A (“Rental Fees”). Payment shall be made in advance and in full before the Equipment is released to Renter. Renter shall also be responsible for any additional charges that may arise from the use of the Equipment, including but not limited to fuel and damage repair costs.
- Security Deposit: Renter shall provide a security deposit to Owner in the amount set forth in the attached Schedule A (“Security Deposit”). The Security Deposit shall be used to cover any damages or loss of the Equipment while in Renter’s possession. If the Equipment is returned to Owner in the same condition as when received, the Security Deposit will be refunded to Renter within 14 business days after the Equipment is returned.
- Maintenance and Repairs: Renter shall keep the Equipment in good condition and promptly notify Owner of any repairs that may be required during the rental period. Renter shall not perform any repairs or modifications to the Equipment without Owner’s prior written consent. Owner shall be responsible for all repairs resulting from normal wear and tear on the Equipment. Dents, scratches, broken glass, broken pins, bent metal, broken teeth, missing items, punctured tires, damaged/cut/excessively worn tracks, punctures, jammed/trapped/wound foreign materials such as rocks, metals, wood, plastics are all examples of items NOT considered “normal wear and tear”.
Failing to maintain the equipment in good condition voids the damage waiver.
Proper Use: The renter agrees to use the power equipment only for its intended purpose and in accordance with the manufacturer's instructions. Renter is responsible for reading the included machine manual and/or watching videos detailing the correct operation and limitations of the equipment.
- Renters must know their soil conditions and use the equipment appropriate for these specific conditions to avoid damage. Damage caused by rocks and other hidden obstacles are the responsibility of the renter.
- Failure to follow the manufacturer's guidelines could result in voiding the damage waiver
Negligence: The renter agrees not to use the power equipment in a negligent or reckless manner that could result in damage to the equipment. Negligence includes, but is not limited to, the following types of activities:
- Operating on an unsafe grade.
- Operating machines under excessive load that cause overheating or other mechanical damages.
- Operating tracked units in a manner that causes the tracks to come off i.e. turning hard on concrete/asphalt, roots, debris, soft soil or other conditions where care must be taken to allow the tracks adequate turning radius for conditions. Excessively short / hard turns are the #1 cause of a “thrown track”.
- Operating under the influence of drugs or alcohol.
- Operating without proper care and maintenance i.e. greasing according to manufacturer’s specs.
- Lifting loads heavier than rated by the manufacturer.
- Operating in conditions where falling objects may contact the equipment.
- Not wearing proper safety equipment i.e. safety belts, harnesses, hearing protection, face/eye protection, body protection.
- Operating at speeds unsuitable for conditions.
- Operating near water, rivers, lakes, ponds, bogs, flood plains or anywhere near standing water.
- Operating in excessive heat or cold.
- Lack of proper rigging for transport.
- Hoses and/or hose couplings damaged from over extension of the attachment or snagging hoses on fixed obstacles / trees / debris.
Cleaning and Maintenance: The renter agrees to keep the power equipment clean and well-maintained during the rental period, and to return it in the same condition it was in at the start of the rental period. When renting a closed cab machine, the DOOR MUST REMAIN CLOSED at all times during operation!
- Standard Cleaning Fee: $150
- Extreme Cleaning Fee: $425
- Closed Cab Cleaning Fee: $675
6. Insurance: Renter shall provide liability insurance coverage for the Equipment in the amount necessary to cover the replacement cost of the Equipment rented or assume full responsibility. Renter shall be responsible for any damage caused to the Equipment or third parties during the rental period. Damage Waiver Protection provides an added layer of Equipment protection but is not a replacement for full coverage insurance.
Damage Waiver: Clarification of Coverage
A Damage Waiver is not insurance and does not provide unlimited liability protection for rented equipment. The Damage Waiver is an optional provision offered to the Renter that provides additional protection against certain damages that may occur during the normal use of the equipment.
What is Covered: The Damage Waiver provides limited protection for damages resulting from ordinary wear and tear or accidental damage that occurs during the normal operation of the rented equipment, as long as the equipment is used according to the manufacturer's guidelines and within the scope of its intended purpose.
Examples of covered items under normal use include:
- General wear and tear on moving parts.
- Damage resulting from typical usage scenarios.
- Hydraulic hoses and couplings that fail due to normal wear and usage.
- Minor dents, scratches, tooth wear due to normal usage.
What is Not Covered: The Damage Waiver does not cover all potential damages and is not a substitute for insurance. Specifically, the waiver does not cover:
- Intentional damage: Any deliberate, reckless or incompetent handling of the equipment. Use of the the equipment in a manner not intended by design or common industry standards.
- Damage to excluded items: As outlined in this agreement, certain items such as hoses, hose couplings, specific attachments, and "thrown tracks" due to operator error are not covered.
- Third-party liability: Any claims involving damage to third parties or property while using the rented equipment.
- Negligence or misuse: Any damage caused by improper operation, carelessness, or use of the equipment outside of the recommended guidelines.
- Acts of theft: Lost or stolen equipment.
- Operator Created Damage: Impact with physical objects, thrown tracks (unless deemed a defective track or poorly maintained i.e. loose, excessively worn), other track damage from work environment i.e. demolition sites, sharp rocks or other materials.
The Renter remains financially responsible for any damages that fall outside of the normal wear and tear covered by the Damage Waiver, as well as any costs associated with repairs or replacement of equipment. The Damage Waiver is simply an added layer of protection and should not be viewed as providing full coverage or releasing the Renter from liability. We strongly encourage renters to assess whether they need additional insurance coverage for certain scenarios, including third-party liability or high-risk usage, which the Damage Waiver does not cover.
7. Rigging: Renter is responsible for the proper rigging of all equipment rented. Proper rigging is essential to prevent equipment from shifting or falling during transport. Use high-quality chains, binders, and tie-down straps that are rated for the weight of the equipment. Chains, straps and binders are readily available to rent from Rent 'n King to safely secure the equipment.
8. Vehicles and Trailers: Renter must ensure you're using a properly rated trailer and truck to safely transport the load.
9. Indemnification: Renter shall indemnify and hold harmless Owner, its agents, employees, and representatives from any and all claims, damages, liabilities, and expenses arising from the use of the Equipment by Renter or any third parties. This includes legal fees, damages, and any financial losses the owner may incur due to third-party claims related to the renter's use of the equipment.
10. Termination: This Agreement may be terminated by either party upon 10 days’ written notice to the other party. Renter shall return the Equipment to Owner upon termination of the Agreement. All volume discounts will be forfeited and the final rental due will be based upon the Daily Rate times the number of days used by the renter.
11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.
12. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties. This Agreement may not be modified except in writing signed by both parties.
13. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
Clause: Damages and Financial Responsibility
- The Renter acknowledges and agrees that they shall be solely responsible for any and all damages incurred to the rented equipment during the rental period, including but not limited to physical damage, loss, theft, or any other form of damage.
- The Renter further acknowledges and agrees that in addition to the cost of repairing or replacing the damaged equipment, they shall be responsible for any administrative time required by the Rental Company to manage and coordinate the repairs, as well as any associated costs incurred.
- The Renter understands and accepts that they shall also be liable for the cost of foregone rental revenue during the repair or replacement period, calculated at the daily rental rate for the duration it takes to restore the equipment to its original working condition or until a replacement is provided.
- The Rental Company shall provide an estimate of the damages and associated costs to the Renter within a reasonable time frame after the damages occur. The Renter shall promptly make full payment for all costs incurred, including repair or replacement expenses, administrative time, and foregone rental revenue, within the specified timeframe outlined in the agreement.
- Failure to pay the full cost of damages and associated expenses within the designated timeframe may result in additional penalties, fees, or legal action, as determined by the Rental Company.
- It is the Renter's responsibility to exercise due care and caution when using the rented equipment, and to promptly notify the Rental Company of any damages, loss, or theft that may occur during the rental period.
- In the event that the rented equipment sustains damage while in the field, requiring the intervention of a service technician for repairs, the Renter shall be responsible for all associated costs of dispatching a field service technician and all appropriate tools and supplies, including any 3rd party services, tools or equipment required to complete the repair or to retrieve the equipment for further repair at a dealership, or at our service center, depending upon which is best suited to resolve the problem.
- For service calls related to equipment damage, a flat fee of 2 hours will be charged. This $297.00 flat fee covers the initial service call, assessment, and up to 2 hours of repair work performed by the technician.
- Any additional time required for repairs beyond the initial 2-hour flat fee will be charged on an hourly basis of $124.00.
- The Renter acknowledges and agrees that all charges associated with service calls and repair work shall be the responsibility of the Renter and will be invoiced accordingly.
- The service technician will document the start and end times for each service call and repair session accurately. The time spent on repairs beyond the initial 2-hour flat fee will be calculated based on the actual time spent by the service technician.
- The Renter understands that the service technician will make reasonable efforts to complete the repairs in a timely manner. However, the actual repair time may vary depending on the extent of the damage, availability of parts, and other unforeseen circumstances.
- The Rental Company reserves the right to determine the need for a service call and the appropriate repair actions to be taken. If the damage is determined to be a result of misuse, negligence, or any actions not covered under the rental agreement terms, the Renter shall be responsible for all associated costs.
- Renters will not be charged for defective machinery, or failures due to normal wear and tear. It is not possible to assess the cause of the failure / damage without an assessment of the equipment by a qualified technician.
- The Renter agrees to pay all charges with the card on file and authorizes Owner to use this payment method at the time of notification of fees.
- Non Sufficient Checks will incur an additional service charge of $45 plus any additional fees required to collect payment.
- All credit card / debit card reversals (Chargebacks) will incur an additional service charge of $75 plus any additional fees required to collect payment.
- All Attachments (including brush cutter, soil conditioner (Harley Rake), box blade, forks, bucket, etc.) are not covered under the damage waiver. All damages done to the attachments will be the renters responsibility unless the attachment is defective and warranted by the manufacturer. Normal wear is expected and included with the rental.
- Hose and Hose Coupling Damage: The Renter is responsible for any damage to hoses and hose couplings due to operator misuse, including but not limited to:
- Physical Impact: Damage caused by direct impacts with foreign objects or obstacles.
- Overextension: Damage resulting from extending the attachment beyond its operational limits.
- Pinching by Mechanical Force: Damage caused by pinching the hoses during operation or transportation.
- Snags on Trees, Buildings, or Debris: Damage from hoses snagging on obstacles during operation.
- Thrown tracks will be covered if the tracks are defective, excessively worn, or loose but this is rarely the cause of a “thrown track”. Almost unanimously, a thrown track is caused due to operator error i.e. rough conditions and / or too much force used make immediate turns that create excessive side forces.
After-Hours Returns and Responsibility for Equipment
If you return equipment after Rent 'n King's normal business hours, you remain fully responsible for the equipment until the business reopens on the next regular business day and a formal inspection and check-in are completed by authorized Rent 'n King personnel.
The condition of the equipment is not considered verified upon your drop-off, nor at any time during closed hours. The equipment's return condition, including verification of damages, cleanliness, fuel levels, and completeness of all accessories or attachments, will be evaluated only during regular business hours by an authorized Rent 'n King employee. Until this formal inspection is completed, all risks of loss, theft, damage, or missing equipment remain your sole responsibility.
No verbal comment, text message, email, photograph, voicemail, or phone call — whether sent or received by any employee, owner, or agent of Rent 'n King — will serve as a waiver of this policy. Only the in-person inspection and official check-in process during regular operating hours can release you from continued responsibility for the rented equipment.
You, as the customer, agree and understand that:
- Responsibility for the equipment continues uninterrupted until Rent 'n King formally accepts and verifies the returned equipment.
- Any claims regarding the condition of the equipment, alleged return time, or drop-off location will not be accepted without formal inspection and documentation by Rent 'n King staff.
- In the event the equipment is found damaged, incomplete, lost, or stolen prior to our formal inspection, you will be held fully liable for all repair costs, replacement costs, rental loss charges, and any other related damages.
It is your responsibility to ensure the equipment is properly secured and safeguarded until Rent 'n King opens and can perform a full evaluation and acceptance of the return.
Inspection of Equipment
Pre-Rental Inspection: Prior to the commencement of the rental period, the Renter shall have the right to conduct a thorough inspection of the equipment. This inspection is intended to allow the Renter to assess and document the condition of the equipment.
Documentation of Condition: The Renter may, at their discretion, document the current state of the equipment using photographs, videos, or written descriptions. This documentation should be comprehensive and include any pre-existing damages, wear, or defects.
Video Documentation: Additionally, both parties agree to video record the condition of the equipment before and after the rental period. The video documentation shall serve as a supplementary means of capturing the equipment's condition and will be considered alongside any other forms of documentation.
Notification of Findings: If the Renter identifies any discrepancies, damages, or concerns during the inspection, they shall promptly notify the Owner in writing before accepting the equipment. The Owner and Renter shall discuss and record any agreed-upon conditions or necessary repairs.
Acknowledgment by Owner: The Owner acknowledges the Renter's right to inspect and document the equipment's condition before the rental period begins. The Owner agrees to cooperate with the Renter during this inspection process and to address any valid concerns raised by the Renter.
Condition at Return: Upon the return of the equipment at the end of the rental period, the condition will be compared to the documented state at the beginning of the rental. Discrepancies not attributable to normal wear and tear shall be subject to the provisions outlined in the "Damages and Financial Responsibility" section of this agreement.
Equipment Usage Limits and Additional Charges
Calendar Day Limits:
- The Renter acknowledges that there are calendar time limits to the usage of the equipment, as specified below regardless of when the item is picked up by the customer. Exceeding the rental period will result in an additional charge for a full day.
1. Daily Rental = 9:00 AM to 9:00 AM the following day
2. Weekend Special Rental = 2:00 PM – Friday to 9:00 AM - Monday
3. Weekly = 9:00 AM on Start Date to 9:00 AM on the Same Day of the Week i.e. 9:00 AM Monday to 9:00 AM Monday of the immediately following week.
4. Monthly = 9:00 AM on Start Date to 9:00 AM of the 29th day i.e. 9:00 AM January 1 to 9:00 AM January 29th.
The standard rental hours are not altered based upon the time the customer picks up the equipment unless specifically agreed upon by Rent ‘n King management. Once the equipment leaves the lot, whether it is picked up by the customer or leaves for delivery to the customer’s job site, the item is considered “rented” for the time period requested.
Hourly Usage Limits:
The Renter acknowledges that there are hourly limits to the usage of the equipment, as specified below. These limits are established to ensure the proper maintenance and longevity of the equipment.
1. Daily Rental = Maximum Machine Time of 8 hours
2. Weekend Special Rental = Maximum Machine Time of 14 hours
3. Weekly Rental = Maximum Machine Time of 40 hours
4. Monthly Rental = Maximum Machine Time of 160 hours
Exceeding Hourly Limits:
- If the Renter exceeds the specified hourly limits for the equipment, additional charges will apply. The excess usage will be calculated on a per-hour basis for each hour over the limit.
- Unpaid rental extensions, whether authorized or unauthorized, will be billed at the standard daily rate. No discounts will be extended for keeping the equipment beyond the original rental term. For example, if you rent for 1-day and then extend the rental to 7-days, you will be charged the daily rate for 7-days versus the discounted weekly rate. Rental extensions need to be paid at the time of the rental extension request and authorization.
Calculation of Additional Charges:
- Additional charges for exceeding hourly limits will be calculated by rounding up any partial hour to the next full hour. The applicable per-hour rate for excess usage is calculated by taking the standard rental rate and dividing it by the “Maximum Machine Time” limits to determine the prorated “per hour cost”.
- Hourly limits exceeded by more than 50% (51%+) will incur a full day charge for the equipment.
Notification of Excess Usage:
- Owner will promptly notify the Renter if it is determined that the hourly limits have been exceeded.
- The Renter agrees to pay the additional charges associated with the excess usage with the card on file and authorizes Owner to use this payment method at the time of notification of the overage fees.
- All overage fees are due immediately and will be charged to the card on file unless paid by an alternatively approved source of payment.
Rental Extensions:
- Rental extensions must be approved and paid at the beginning of the rental extension. While every consideration will be made to honor rental extension requests, rentals cannot be extended simply by “keeping” the rented item longer than the contracted rental duration.
- Rental Extensions must be requested, and approved, at least 12 hours before the end of the current rental period.
- Unpaid rental extensions, whether authorized or unauthorized, will be billed at the standard daily rate. No discounts will be extended for keeping the equipment beyond the original rental term. For example, if you rent for 1-day and then extend the rental to 7-days, you will be charged the daily rate for 7-days versus the discounted weekly rate. Rental extensions need to be paid at the time of the rental extension request and authorization.
- Unpaid / Late Pay Invoices lose all volume discounts and revert back to the Daily Rate times the number of days rented.
Right to Adjust Limits:
- Owner reserves the right to adjust hourly usage limits if, in its discretion, it deems necessary to safeguard the equipment's optimal functioning and to comply with manufacturer recommendations or for any other reason mutually agreed upon prior to the start of the rental period.
Force Majeure Clause:
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, labor disputes, government orders, or other causes.
By signing this agreement, the Renter acknowledges and accepts the financial responsibility, and immediate payment, for damages, administrative time, legal expenses, lawyer fees, court costs, collection expenses, parts, transportation, specialized equipment, and foregone rental revenue as described above.