Terms of Service Agreement for ExcellRent, LLC

1.Introduction

1.1 ExcellRent, LLC (“ExcellRent”, “we”, “us”, “our”, or “The Company”) provides a platform for customers to rent restroom trailers and other equipment (“equipment”, “products”) through our website or other reservation methods. By accessing or using our services, you (“The Customer”, “you”, or “your”) agree to be bound by the following terms and conditions.

2.Authority to Sign

2.1. This Agreement is binding on the Customer, its affiliates and its successors. The Customer represents and warrants that the individual signing this Agreement on behalf of the Customer has the authority to bind the Customer to the terms of this Agreement.

3.Inspection of Equipment

3.1. The Customer is responsible for inspecting the equipment rented under this Agreement before use. The Customer must immediately notify ExcellRent, LLC of any damages or defects found upon inspection. If the Customer uses the equipment without first inspecting it, the Customer is deemed to have accepted the equipment in its then-current condition.

4.Reservations and Payment

4.1. Reservation: To make a reservation, The Customer must provide ExcellRent, LLC with all necessary information, including The Customer’s name, contact information, and payment details. ExcellRent, LLC will confirm your reservation by email. You are permitted to modify your reservation at any time without incurring any additional charges. Changes are subject to availability.

4.2. Deposit: To secure rental of our equipment, we may require a non-refundable deposit at the time of reservation. The deposit will be credited towards the final invoice. The Customer acknowledges and agrees the deposit is non-refundable and will be forfeited in the event of cancellation of the rental agreement beyond 48 hours of the initial reservation, regardless of the reason for cancellation. In the event the customer seeks to modify the reservation after the 48-hour grace period and the desired date is unavailable, the deposit will not be refunded.

4.3. Payment: Payment for the rental of the equipment must be made in full before the rental period begins. ExcellRent, LLC can accept payment by credit/debit card, cash, check, venmo, or PayPal. Failure to pay the full balance may result in the cancellation of the rental agreement.

4.4. By remitting payment and completing steps to make a reservation, the customer automatically consents to the terms of this agreement.

5.Equipment Rental

5.1. Availability: ExcellRent, LLC will make every effort to ensure that the equipment is available for your event. In the unlikely event that the equipment is not available on the date of your reservation, ExcellRent, LLC will provide The Customer with a full refund.

5.2. Condition: ExcellRent, LLC will seek to ensure the rented equipment is in good condition, clean and sanitary at the beginning of the rental period. It is the responsibility of the customer to notify us if the equipment is deemed unacceptable prior to the start of the rental period and before remitting payment. The Customer is responsible for returning the equipment in the same condition it was received, or as close to this condition as could be reasonably expected.

5.3. Set-up and Take-Down: ExcellRent, LLC will make every reasonable effort to deliver, set-up and take-down the equipment on the agreed upon date(s).

5.4. Add-ons: If The Customer has elected to purchase an add-on such as a generator, ExcellRent, LLC will make every reasonable effort to set-up the equipment for usage.

5.5. Water and Electric Hook Up: If the Customer chooses to provide their own water and/or electric supply for the equipment, the Customer is solely responsible for any expenses related to such hook up and for any damages that may be caused to the equipment as a result. ExcellRent, LLC shall not be liable for any damages caused by the Customer's failure to properly connect or maintain the water and/or electric supply.

5.6. Usage: The equipment is intended for the exclusive use of The Customer and guests of The Customer. Unlawful or abusive usage of the equipment will result in termination of the rental agreement and additional charges.

6.Title/No Purchase Option/No Liens

6.1. This Agreement is a rental agreement between ExcellRent LLC and the Customer, and is not a contract of sale. Title to the equipment shall at all times remain with ExcellRent LLC. Unless covered by a specific supplemental agreement signed by ExcellRent LLC, the Customer has no option or right to purchase the equipment. The Customer shall keep the equipment free and clear of all mechanics and other liens and encumbrances.

7.Subletting

7.1. The Customer agrees not to sublet, transfer, or assign this rental agreement, or allow any other person to use the equipment without the express written consent of ExcellRent, LLC. The Customer shall be solely responsible for the use and care of the equipment during the rental period and shall not permit any other person to use the equipment for any purpose.

8.Limitation of Liability

8.1. ExcellRent, LLC shall not be liable for any damages or loss of any kind arising from the rental of the equipment, including but not limited to damage or loss to property or personal injury.

8.2. The Customer agrees to protect ExcellRent, LLC and its affiliates, employees, and agents from any claims, losses, damages, or costs that result from the use, possession, installation, or alteration of the equipment. This also includes any claims against the customer for failing to disclose information or obtain consent for data collection. The Customer cannot be held responsible if The Company’s own intentional misconduct or negligence caused the loss or damage. The Customer's obligation to indemnify will continue even after the agreement ends and will not be affected by any legal limitations.

9.Termination

9.1. Either party may terminate this agreement at any time by giving written notice to the other party. In the event of termination, the Customer shall be responsible for any outstanding charges.

10.Governing Law

10.1. This agreement shall be governed by and construed in accordance with the laws of New York State.

11.Class Action Waiver

11.1. The parties to this Agreement waive their right to bring class actions against each other and agree to bring any dispute arising under this Agreement solely in an individual capacity.

12.Jury Waiver

12.1. The parties to this Agreement waive their right to a trial by jury in any action or proceeding arising out of this Agreement.

13.Arbitration

13.1. In the event that informal efforts to resolve disputes pursuant to this agreement are unsuccessful, any dispute between the Company and the customer arising out of or related to any of the provisions of this Agreement, shall be determined not in a court of law, but instead by arbitration. Such disputes shall be referred in writing to the American Arbitration Association for selection of an arbitrator. Selection of the arbitrator shall be made in accordance with the Rules of the American Arbitration Association, and the arbitrator's decision shall be final and binding in all respects. The arbitrator shall have the right to determine the extent of discovery permitted. The arbitrator shall consider the matter in controversy and may hold hearings regarding the same. The arbitrator may grant any remedy or relief that he or she deems just and equitable, including, but not limited to, any remedy or relief that would have been available to the parties under any applicable statutes or common law.

14.Privacy

14.1. ExcellRent, LLC may utilize GPS tracking devices to monitor the location and usage of its equipment. The Customer consents to such tracking and acknowledges that the information obtained may be used for billing purposes and for the protection of The Company’s equipment.

14.2. Unless the customer requests against, ExcellRent, LLC reserves the right to use customer contact information in future marketing efforts.

15.Force Majeure

15.1. ExcellRent, LLC shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its control, including without limitation acts of God, fires, floods, earthquakes, storms, strikes, embargoes, wars, acts of terrorism, acts of civil or military authority, or acts of the public enemy.

16.Compliance with Applicable Laws

16.1. Compliance: The Customer agrees to comply with all applicable laws, rules, and regulations related to the rental and use of The Company’s equipment. This includes, but is not limited to, compliance with all local laws regarding the use of temporary structures, waste disposal, and other relevant regulations.

16.2. Violation: ExcellRent LLC assumes no responsibility for any violation of local laws by The Customer during the rental period. The Customer is solely responsible for ensuring that they comply with all applicable laws and regulations in their local area. In the event that The Customer fails to comply with applicable laws, ExcellRent, LLC reserves the right to terminate the rental agreement and may withhold any applicable fees or deposits as necessary to cover any damages or fines resulting from the customer's noncompliance.

17.Malfunctioning Equipment

ExcellRent LLC takes great care to ensure that our equipment is maintained to the highest standard. However, in the event of a malfunction or breakdown of any equipment or component of the equipment, the following terms will apply:

17.1. Notification of Malfunction: If you experience a malfunction or breakdown of any equipment or component of the equipment during your rental period, you must notify ExcellRent, LLC immediately. Our contact information can be found on the rental agreement or on our website.

17.2. Repair or Replacement: ExcellRent, LLC will make every reasonable effort to repair or replace any malfunctioning equipment as soon as possible. However, in the event that repair or replacement is not possible, ExcellRent, LLC reserves the right to provide a refund or credit to the customer for any time lost due to the malfunctioning equipment.

17.3. Liability: ExcellRent, LLC assumes no liability for any damages or injuries resulting from the malfunctioning equipment, except in cases where the malfunction is directly attributable to The Company’s negligence or willful misconduct.

17.4. Limitations: ExcellRent, LLC is not responsible for any loss or inconvenience suffered by the customer due to the malfunction of equipment beyond our reasonable control, such as power outages, extreme weather conditions, or other acts of nature as stated in Section 13 of this Agreement.

18.Personal Property Damaged or Lost

18.1. ExcellRent, LLC assumes no responsibility for any personal property damaged or lost during the rental period. Customers are advised to take all necessary precautions to safeguard their personal property and valuables, and to ensure that they are covered by their own insurance policies. In the event that ExcellRent LLC is found to be responsible for damage to personal property or loss of personal property, our liability shall be limited to the actual cost of repair or replacement of the property, up to a maximum of the rental fee paid by the customer for the equipment.

19.Smoking, Drug Use, and Illegal Activity

19.1. Smoking of cigarettes and e-cigarettes is strictly prohibited in or around the equipment. The Customer agrees to not smoke, use, or allow anyone else to smoke or use any tobacco, e-cigarettes, or any other substance in or around the equipment during the rental period. The Customer further agrees that they will not use, consume, or allow anyone else to use or consume any illegal drugs, or engage in any illegal activity in or around the equipment during the rental period.

20.Customer Responsibilities

20.1. The Customer is responsible for ensuring that the equipment is used in a safe and appropriate manner during the rental period. This includes, but is not limited to, complying with all local laws, rules, and regulations related to the use of the equipment, ensuring that the equipment is operated and used only by qualified personnel, and taking all necessary precautions to prevent damage to the equipment or injury to persons while the equipment is in use.

20.2. The Customer is responsible for all costs associated with any damage to the equipment during the rental period, including damage caused by the negligence or misuse of the equipment. The Customer shall immediately report any damage or issues with the equipment to ExcellRent, LLC and will be responsible for any costs incurred by ExcellRent, LLC to repair the damage.

20.3. The Customer is responsible for returning the equipment to ExcellRent, LLC in the same condition as it was received, with the exception of normal wear and tear. The Customer shall be responsible for any costs associated with cleaning the equipment if it is not returned in a reasonably clean condition.

21.Changes to Rental Agreement

21.1. ExcellRent, LLC may change the terms of this Agreement at any time by providing written notice to the Customer. The Customer's continued use of the equipment after the effective date of any changes shall constitute the Customer's acceptance of such changes.

22.Changes to Terms

22.1. ExcellRent, LLC reserves the right to modify these terms of service at any time. Your continued use of our services following any changes to these terms constitutes your acceptance of the revised terms.

23.Entire Agreement

23.1. This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, relating to the subject matter of this agreement.