Rental Contract

ATTENTION: BY LAW THIS EQUIPMENT MAY REQUIRE BRAKE AND/OR SAFETY DEVICES. WE ASSUME NO RESPONSIBILITY IF PURCHASED OR RENTED WITHOUT.

COPY OF DRIVER’S LICENSE AND PROOF OF CURRENT INSURANCE REQUIRED ON ALL RENTALS.

LATE FEE MAY APPLY IF EQUIPMENT IS NOT RETURNED BY 5 PM ON SCHEDULED DATE OF RETURN

CUSTOMER RESPONSIBILITIES:

CHARGES WILL APPLY IF:

MACHINE IS ABUSED, MISUSED OR DAMAGED.

MACHINE IS NOT RETURNED FULL OF FUEL.

MACHINE IS NOT RETURNED CLEAN.

CUSTOMER IS RESPONSIBLE FOR ALL TIRE REPAIRS.

OT CHARGES APPLY.

I CERTIFY THAT I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS ON THIS CONTRACT.

INITIALS _____________

TERMS AND CONDITIONS OF RENTAL CONTRACT – ABC EQUIPMENT RENTAL LLC

LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE

For good and valuable consideration, you, and ABC EQUIPMENT RENTAL LLC a Missouri limited liability

company (also referred to herein as “Lessor,” “ABC,” “we,” “us,” and “our”) agree as follows:

1. DEFINITIONS: As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1

together with these Terms and Conditions; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as

identified on P.1 (including any “Instructions” and/or safety devices provided per Section [or “§”] 5 below); “Site”

means the address set forth on P.1 where the Item(s) is/are to be delivered and/or used; and “Customer,” “Lessee,”

“you” and “your” mean the “Renter,” “Customer,” “Lessee” and/or “Guarantor” (as applicable) identified on P.1.

2. TERMS: You agree to rent from ABC the Rented Item(s) for the period(s) specified on P.1 (the “Term”), to

pay us our stated rental rate(s) (the “Rent”) together with all other charges accruing hereunder, without proration,

reduction or setoff, and to remain liable for all loss, theft, injuries, and damages of, to, or associated with such

Item(s), until all Rented Item(s) is/are returned to and accepted by ABC in the return condition required under this

Contract (including § 6). Unless otherwise specifically agreed by ABC in writing, all rental rates are for normal use

of the Rented Item(s) on a single-shift basis during the Term, not exceeding 8 hours per 24-hour period for which

Rent is charged hereunder (each, a “Rental Day”), 40 hours per 7-Rental Day period, or 160 hours per 28-Rental

Day period (zero hours are permitted for any and all uncharged-for periods). Additional Rent at our highest

incremental rate will be charged for late returns and overuse. You will not be entitled to any cancellation right or

reduction of Rent or other amounts coming due hereunder to account for time in transit, Act(s) of God, event(s) of

force majeure, or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length

of the Term (the “Estimated Rent”). Unless otherwise agreed by ABC in writing, you agree: (a) to pay us the Rent

specified on P.1 together with any deposit specified on P.1 in advance of the Term (together, the “Prepayment”);

and all other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount(s) you

owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a

limit of your liability to us; and (iv) all Prepayments are NON-REFUNDABLE. You agree to fully and timely pay all

taxes (including all sales, use and other taxes), tolls, fines, fees, assessments, and other charges related to each

Item and/or the transactions contemplated in this Contract allowable under Missouri law, including without limitation

all local sales tax(es) levied by the political subdivision where our business is located. See Mo. Ann. Stat. §

144.020, Mo. Code Regs. Ann. tit. 12, § 10-117.100 and its/their successor provision(s), if any, for details. All

amounts due hereunder but not timely paid will bear interest at the lesser of 18% per annum or the highest rate

permitted under applicable law. You authorize us to charge all amounts coming due hereunder to any debit and/or

credit card(s) you provide (up to 150% of the new replacement cost of the Item(s)). You agree to pay us the

maximum lawful charge for any check you write which is returned unpaid.

3. DELIVERY/RETRIEVAL: You will ensure that the Site is reasonably clean, safe, secure, and fit for delivery

and use of the Item(s). If we agree to provide any services (including delivery), you will: (a) pay our regular

charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our

personnel have full access to the Site at all times. We will not be responsible for delay(s) caused by any acts or

omissions of/by you, your agents, employees or contractors, or any other parties, including providers of other

equipment or services (“Other Providers”) for which you agree to indemnify, defend, and hold harmless ABC, its

agents, employees, and contractors. If you are not present upon delivery or retrieval of any Item(s), you agree to

accept the statements of our personnel regarding the same (including status, condition, quality, utility, defects, and

quantities of or with respect to the Item(s) and the Site).

4. TITLE/OWNERSHIP: ABC owns and will retain title to all Rented Item(s) at all times. You will have exclusive

control over the Rented Item(s) during the Term; subject to your obligation to always fully and timely comply

with this Contract. You SHALL NOT (nor shall you allow anyone else to) permit the taking or existence of any

lien, claim, security interest, or encumbrance on any Rented Item(s); have any title or ownership interest in or with

respect to any Rented Item(s), or loan, share, transfer, sublease, store, surrender or assign any Rented

Item(s) or this Contract, without our prior written consent (in our sole and absolute discretion). ABC may,

from time to time, substitute Rented Item(s) and/or sell or assign all or any part of its interests in one or more

Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for

any pre-existing obligations or liabilities of ABC.

5. INSTRUCTIONS: Upon the earlier of your receipt or the delivery to the Site of the Rented Item(s), unless you

immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and

in good order, condition and repair, fully charged and/or fueled (as applicable); (ii) is appropriate for your purposes

and in all ways acceptable to you; and (iii) was selected not based on any recommendation by us, carefully

examined, counted and tested by you and/or your agent(s); and (b) you: (i) have carefully reviewed and fully

understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other

information, if any, including all EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, UL, ASSP, DOT, FMCSA, IFTA, ANSI

and other standards, applicable to the Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including

Tier 4, Silica Dust, Ventilation, AWP/MEWP training and familiarization, charging, fueling, cleaning, voltage, and

site assessment requirements); (iii) have been made aware of the need to use all applicable personal protective

equipment and safety devices (including, but not limited to, FALL AND RESPIRATORY PROTECTION DEVICES);

(iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all

applicable notices to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected

parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that

all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to disturb the

ground surface (Call 811 and go to https://call811.com at least 3 full business days in advance, excluding

state and federal holidays); (vi) will promptly notify the authorities and ABC in the event of any theft or accident

involving the Rented Item(s); (vii) will comply and ensure that all others fully comply, with this Contract at all times,

and (viii) agree to notify ABC if any of the above requirements is/are breached, incorrect, or misleading.

6. CARE OF RENTED ITEMS: You agree to protect, properly maintain and care for all Rented Item(s) at all

times, keep Items safely stored and locked when not in use, and return the Item(s) to us on time at the end of the

Term, properly secured to the delivery vehicle, complete (with all original batteries, cords, attachments and

peripherals), clean, free of contamination (including without limitation, asbestos, beryllium, silica and pathogens),

in good order, condition, and repair, properly serviced and maintained, and if applicable, fully charged and/or full

of the appropriate fuel, fluids, and lubricants. If you fail to comply, you will promptly pay ABC, in addition to the

amounts specified on P.1: (a) Rent at our highest incremental rate(s) until all such Rented Item(s) have been

returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You

shall not, nor shall you permit anyone else to: (i) text, email or otherwise use any handheld communication

device while operating any Rented Item; (ii) use any Rented Item while under the influence of any intoxicant(s)

(including, without limitation, CANNABIS, CANNABINOIDS, AND ALCOHOL, WHETHER OR NOT LEGAL OR

MEDICINAL); (iii) abuse, misuse, overuse, conceal, store with any third party, repair, modify or damage any

Rented Item(s); (iv) violate any law, Instruction, insurance policy, or warranty; (v) expose any Rented Item(s) to

any flammable, explosive, harmful or hazardous substance(s) or circumstance(s); (vi) disable, misuse or

circumvent any safety equipment or device(s) in, on or with any Item(s); or (vii) take possession of or exercise

control over any Rented Item(s), without our prior consent.

7. MALFUNCTIONS: You agree (and shall cause all others using the Items) to immediately cease using any

Item that is damaged, breaks down, or proves defective (a “Malfunction”). In the event of a Malfunction, you will

immediately notify and return the Malfunctioning Item(s) to ABC. Provided that the Malfunction did not result from

or in connection with any wrongful or negligent act or omission of/by you or anyone you permit to use or otherwise

deal with any Rented Item, or your breach of any provision of this Contract, ABC will, at its option: (i) repair the

Malfunctioning Item; (ii) provide you with a comparable item; or (iii) solely with respect to the Malfunctioning Item,

return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. ABC

shall not have any other obligation(s) regarding Malfunctions, all of which YOU WAIVE, TOGETHER WITH ALL

INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES.

8. SAFETY WARNINGS: The Item(s) can be DANGEROUS and should be fueled, charged, maintained, and

used with EXTREME CARE, ONLY FOR THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY

QUALIFIED, INSTRUCTED, TRAINED, FAMILIARIZED, AND (IF APPLICABLE) LICENSED, ADULT USERS

AND OPERATORS. YOU AGREE TO PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING,

INSTRUCTIONS, AND WARNINGS TO ALL SUCH PARTIES and ensure that each such Item is fueled, charged,

used, operated and occupied safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) at

the Site (unless otherwise specifically agreed by ABC); (d) by properly trained, familiarized, qualified, certified and

licensed adults; and (e) in full compliance with this Contract, the Instructions, and all applicable warranties and

insurance policies, at all times.

9. NO WARRANTIES: ABC IS NOT THE MANUFACTURER OR DESIGNER OF ANY ITEM(S), ALL OF

WHICH ARE PROVIDED “AS-IS.” ABC DOES NOT MAKE ANY WARRANTY(IES), EXPRESS OR IMPLIED

(INCLUDING ANY AND ALL WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A

PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND

GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(IES) ARISING FROM

COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) regarding any Item(s) or

service(s) provided by or at the direction of ABC, nor does ABC make any warranty against INTERFERENCE OR

INFRINGEMENT, ALL OF WHICH WARRANTIES YOU HEREBY WAIVE. NO DESCRIPTIONS,

SPECIFICATIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY ABC.

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

10. ASSUMPTION OF RISK / INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE

LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ELECTRIC SHOCK, ILLNESS,

PRODUCTS LIABILITY, LOSS, THEFT, DAMAGE, AND CONTAMINATION OF, TO, AND/OR ARISING IN

CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING

ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES ARISING FROM AND/OR IN

CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, FUELING,

CHARGING, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION,

CLEANING, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF SUCH

ITEM(S) AND/OR SERVICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE

AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ABC, its respective

parents, affiliates, subsidiaries, owners, shareholders, members, managers, officers, directors, agents, employees,

insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all

such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses arising from and/or in

connection with the Item(s), this Contract, our negligence, and/or your breach of any one or more of the terms

hereof; and (C) except only to the extent provided in § 7, WAIVE all rights, remedies and defenses available under

the Uniform Commercial Code, as well as all DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL,

SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, against each Indemnitee. Our maximum liability in

connection with this Contract is limited to the amount(s) actually paid by you and received by us hereunder for the

Rented Item(s) identified on P.1.

11. INSURANCE: You agree to maintain all insurance we may require, including: (a) liability insurance with

minimum limits of $1,000,000 per occurrence and $2,000,000 in aggregate; (b) property damage/inland marine

insurance covering all Items for the full (new) replacement cost thereof; (c) workers’ compensation insurance; and

(d) for all vehicles and trailers included with or in the Item(s): (i) hired auto liability insurance with minimum limits

of $1,000,000; (ii) hired auto physical damage insurance for actual cash value; and (iii) replacement cost contents

insurance for all contents thereof. Such policies shall, whenever possible: (A) name ABC as an additional insured

and loss payee; (B) waive subrogation against us; (C) be primary and non-contributory; and (D) include a

severability of interests clause and such other provisions (including deductibles) as we may require. You

irrevocably appoint ABC as your agent and attorney-in-fact to submit, negotiate, and settle claims on such policies.

12. RENTAL DAMAGE WAIVER: If and only if, we have offered, and you have paid for our OPTIONAL RENTAL

DAMAGE WAIVER (“RDW”) (set forth on P.1, if available) in advance of the Term, you will have no liability to us

for repair/replacement costs for accidental physical damage to Item(s) covered by RDW (“Covered Item(s)”) in

excess of $2500 per Covered Item (maximum of $500,000 per Item/$3,000,000 in the aggregate). You will, remain

fully liable for: (a) all loss of and damage to Item(s) as a result of misuse, abuse, wear and tear, improper

maintenance, ingestion of foreign objects, exceeding rated load capacity, mysterious disappearance, theft, striking

overhead objects, falling tree limbs, or mechanical breakdown; (b) a deductible of $2500 per Covered Item; and

(c) all loss of and damage to GPS and telematics systems, data, batteries, keys, glass, tires, tubes, tracks, booms,

belts, chains, knobs and hoses. You may decline RDW ONLY if you provide the property/physical

damage/inland marine insurance referenced in § 11. Your insurance (if any) will continue to apply and will

remain primary. RDW IS NOT INSURANCE OR A WARRANTY.

13. FORCE MAJEURE/LIENS: To the maximum extent permitted under applicable law, you grant to ABC a lien

on all real and personal property: (a) placed in or on; and/or (b) improved with, any Rented Item(s). We may,

without notice or liability to you, monitor and/or inspect, in person and/or electronically (including via

Telematics/GPS systems), the Rented Item(s) at any time. You consent thereto and agree that all information

thereby obtained will be ABC’s property. If any performance required of ABC shall be delayed, impaired or made

more costly as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God,” event of force

majeure (including fire, flood, storm, earthquake, tsunami, slide, subsidence, collapse, riot, war, violence, threat,

theft, terrorism, cyber-attack, supplier delay, strike, shutdown, power surge or outage, epidemic, pandemic, and

governmental and regulatory actions) or other events, facts or circumstances beyond our reasonable control, we

will be excused from such performance.

14. RIGHTS/REMEDIES: This is a “net” rental. Accordingly, your duties hereunder are unconditional and shall

not be subject to any reduction, setoff, or counterclaim. If you or any Guarantor shall: (a) fail to fully and timely

honor, pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection

herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent; or (d) die or cease

conducting business, or if any Rented Item(s) shall be lost or, except to the extent covered by LDW per § 12,

damaged, you will be in DEFAULT under this Contract, whereupon, ABC may with or without legal process or

notice (and without liability to you or any Guarantor), to the maximum extent permitted under applicable law: (i)

cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Rented Item(s)); (ii)

seek relief from stay; (iii) recover, empty, lock, restrict and/or disable any Item(s) without being guilty of breach,

trespass or wrongful interference, or liable for any injuries or property damage, including without limitation, any

and all damage to crops, flora and/or fauna (for which you will indemnify, defend and hold harmless each

Indemnitee); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase

replacement Item(s); (vi) recover from you and/or any Guarantor our associated damages, losses, costs and

expenses FOR WHICH YOU WILL BE PERSONALLY LIABLE (including without limitation, Rent for the entire

scheduled Term, overtime, loss of use, interest, attorneys’ fees, repossession costs and collection costs; and if

civil fraud has maliciously occurred, punitive damages for civil fraud); and/or (vii) pursue any one or more other

rights and/or remedies available in connection (t)herewith, all of which shall be cumulative. You acknowledge that

in the event of default, the damages provided in this Contract are reasonable in light of the anticipated harm that

would result from your breach. You waive all statutes of limitations regarding our rights and remedies. Neither our

exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will

constitute an election of remedies or a waiver of any of our rights or remedies.

15. LAW/VENUE: This Contract shall be governed by and enforceable under Missouri law (unless waived by

ABC). At ABC’s option, disputes arising hereunder shall be submitted to binding ARBITRATION in accordance

with the Rules of the American Arbitration Association before a single arbitrator and in a location selected by ABC.

Judgment on the arbitrator’s award shall be final and binding and may be entered in any court of competent

jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely and

exclusively in the federal, state, and local courts located in or nearest to Taney County, MO. You consent and

submit thereto and waive all claims that such venue lies in an inconvenient forum. The terms of this Contract are

severable. If any provision (or part thereof) is deemed invalid or unenforceable by any court or arbitrator of

competent jurisdiction, such provision (or part thereof) will be deleted, and the remainder of this Contract will remain

valid and enforceable. If legal action is commenced in connection herewith, we will be entitled to recover

our associated costs and expenses (including, without limitation, attorneys’ fees) from you if we prevail.

YOU HEREBY WAIVE: (A) YOUR RIGHT(S), IF ANY, TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR

OTHER JOINT ACTION AGAINST ABC; AND (B) YOUR RIGHT TO TRIAL BY JURY.

16. MISCELLANEOUS: There are no third-party beneficiaries hereto other than the applicable Indemnitees.

These Terms and Conditions apply to all Item(s) identified on P.1 and to all other Items you obtain from us at any

time (except only as we may otherwise agree). This Contract, and any pictures, videos and/or addenda we provide,

each of which is incorporated herein, represent(s) the entire agreement between you and ABC, superseding all

other agreements and representations (including our website and advertising) and cannot otherwise be amended

or extended except in a writing signed by ABC. Time is of the essence. This Contract: (i) is a true operating lease,

and not a financing; (ii) is fair and reasonable; and (iii) shall bind and be enforceable by you, ABC, the other

Indemnitees, and their respective insurers, subrogees, successors and permitted assigns. Digital, electronic,

photocopied, and facsimiled signatures and initials appearing on this Contract will be deemed originals.

17. THEFT WARNING: Failing to timely return the Rented Item(s), obtaining or exercising control over the

property of another with the intent to deprive the other person of the property and/or obtaining services by

deception, threat, force, or any other means designed to avoid the due payment for services may be deemed

STEALING, resulting in CRIMINAL PROSECUTION AND/OR CIVIL PENALTY(IES). See Mo. Ann. Stat. §

570.030; Mo. Ann. Stat. § 570.057 and its/their successor(s), if any, for details.

Copyright © JWL International. All rights reserved. Unauthorized reproduction and/or distribution expressly prohibited.