Rental Agreement & Conditions

"Agreement" means all terms and conditions found in this form, any addenda and any additional materials we provide at the time of rental. "Renter" means the person identified as the renter on this form, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the Renter's direction. "We", "our" and "us" means the business renting the towed Trailer to Renter. "Trailer" means the non-motorized towed cooling unit 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 damage to the Trailer until it is repaired or replaced times the daily rental rate.

This is a contract for rental of the Trailer. We may repossess the Trailer at Renter's expense without notice to Renter, if the Trailer is abandoned or used in violation of law or this agreement. Renter agrees 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 Renter's use of the Trailer.

Renter must return the Trailer to our rental office or other location we specify, on the date and time specified in this Agreement, and in the condition that renter received it, except for ordinary wear. If the Trailer is returned after closing hours, renter remains 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.

Renter is responsible for all damage to, loss, or theft of the Trailer, during the rental period. This includes 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, loss of use, diminished value of the Trailer caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative and labor expenses connected with any damage claim. Renter must report all accidents involving the Trailer to us, and the police within 24 hours of occurrence and provide police report or incident number to us.

The following acts or uses of the Trailer are prohibited: (A) Towing the Trailer by anyone not authorized by this Agreement; by anyone under the influence of drugs or alcohol; by anyone who obtained the Trailer by giving false or fraudulent information; in furtherance of any illegal purpose; to carry persons or property for hire; to carry dangerous, hazardous, or illegal materials; outside the United States; when loaded beyond manufacturer capacity; when there is insufficient overhead or side clearance; when further operation would damage the Trailer; in a manner causing damage due to inadequately secured cargo; or on unpaved or non-public roads. (B) Failing to summon police to any accident involving personal injury or property damage. (C) Damaging the Trailer by intentional, wanton, willful, or reckless conduct. (D) Damaging the Trailer by an animal being transported in it. (E) Damaging the Trailer by sitting, standing, or lying on the roof. (F) Placing tire chains on the Trailer. (G) Using a generator with less than 3,500 watts.

Transportation: If the equipment is transported (delivered) by us, any incidents and/or damage en-route and/or during set-up will be assumed by Pre-Cooler Party Trailers LLC. If transported by the renter or renter's appointee, any incidents and/or damage en-route and/or during set-up will be assumed by the renter and/or the renter's insurer. Physical Damage: If the equipment is damaged or destroyed as the result of a natural occurrence (storm damage), mechanical failure (fire), normal wear, or circumstances not under the renter's control (damage from a 3rd party), then responsibility will be assumed by Pre-Cooler Party Trailers LLC. If the equipment is damaged or destroyed as the result of negligence or misuse, then the renter and/or the renter's insurer will assume responsibility and the deposit will be forfeited. Content Loss: Content loss is defined as any contents that cannot be used due to damage or equipment failure. Beverages in secure containers that can be chilled again are not considered content loss. Food items that were chilled and subjected to warm temperatures to the point of being unsafe to consume due to a mechanical failure are considered content loss. Contents not secured properly during transport are exempt from responsibility of Pre-Cooler Party Trailers LLC.

Renter agrees to pay us on demand for all charges due under this Agreement, including but not limited to: (A) Time for the period during which renter keeps the trailer. (B) Charges for optional services. (C) Applicable taxes. (D) All traffic, toll, or parking violations, fines, penalties, citations, forfeitures, court costs, towing charges, and other expenses involving the Trailer assessed against us or the Trailer; if renter fails to pay a traffic or toll charge, renter will pay us all fees owed plus our administrative fee of $50 for each such charge. (E) $100, plus $1/mile for every mile between the renting location and the place where the Trailer is returned, repossessed, or abandoned, plus any additional recovery expenses. (F) All costs, including pre- and post-judgment attorney fees, incurred collecting payment from renter. (G) A 5% late fee, or the maximum amount allowed by law, on all amounts paid after the Trailer is returned. (H) $50 or the maximum amount permitted by law, whichever is greater, if renter pays with a check returned unpaid for any reason. (I) A reasonable fee not to exceed $100 to clean the Trailer if returned substantially less clean than when rented. (J) No refund of rental fees if Trailer is returned earlier than the date or time due. (K) We may use Renter's deposit to pay any monies owed under this Agreement. (L) Renter releases us from all claims of loss of, or damage to, Renter's personal property left in or on the Trailer or in any service vehicle or our offices. (M) No term of this Agreement can be waived or modified except by a writing that we have signed. (N) A waiver by us of any breach of this Agreement is not a waiver of any additional breach. Unless prohibited by law, Renter releases us from any liability for consequential, special, or punitive damages in connection with this rental.