Rental Contract

1. Rental Purpose: The Renter understands that any uses beyond the specified purpose are strictly prohibited by this Agreement. The Renter represents that they possess the necessary knowledge to safely operate the Equipment for the permitted uses or will acquire such knowledge prior to use. The Renter further agrees to comply with all applicable laws, regulations, and safety procedures related to the use of the Equipment.

2. Authorized User of Equipment: The Renter and their employees are exclusively authorized to use the rented equipment. The Renter shall not permit any third parties to use the Equipment without obtaining prior written consent from the Owner. Any unauthorized use by third parties shall constitute a breach of this Agreement, and the Renter shall be liable for any damages or losses resulting from such unauthorized use.

3. Maintenance: If this Agreement states the rental duration is longer than 60 days, the Renter shall be responsible for any and all routine maintenance required while the Equipment is being rented, prior to its return to the Owner. The Renter represents and warrants that it understands the maintenance requirements of the Equipment or will become familiar with them prior to using the Equipment. The Renter agrees to perform all necessary maintenance in accordance with the manufacturer’s guidelines and any additional instructions provided by the Owner. Failure to perform such maintenance may result in the Renter being liable for any damages or additional costs incurred due to neglect or improper maintenance.

4. Damage and Loss: The Renter agrees to return all rented equipment to the Owner in as good as or better condition than when it was initially rented out, except for normal wear and tear. The Renter shall be responsible for any damage beyond normal wear and tear, and shall bear the cost of repair or replacement of the equipment to restore it to its original condition. As permitted given the extent of the law, the Renter shall be responsible for risk of theft, damage, loss, or destruction of the Equipment from any and every cause. If while in the Renter’s possession the Equipment becomes damaged, the Renter agrees to pay for any and all costs of repair, up to the current value of the Equipment. If while in the Renter’s possession, the Equipment becomes lost, the Renter agrees to pay the Owner its current value. If the Equipment is stolen, damaged, destroyed, the Renter shall notify the Owner as soon as reasonably practical, but in no event later than three (3) days following the occurrence of such theft, damage, or destruction.

5. Late Return: If the Equipment is returned to the Owner after the date and time that the rental period ends, the Renter agrees to pay the Owner a charge of $500 per day for each day beyond the end of the rental period, until the Equipment is returned. The Owner is also allowed to add these charges to the final invoice.

6. Insurance: No insurance coverage is required for the Equipment under this Agreement.

7. Equipment Care: It is agreed that the Equipment must only be used in a proper and careful manner consistent with the Owner’s instructions and/or as the Equipment was originally designed.

8. Legal Fees: In the event of a dispute in connection with or arising out of this Agreement resulting in legal action, the prevailing party will be entitled to its legal fees, including, but not limited to its attorney’s fees, collection fees, and the like. The determination of the prevailing party shall be made by the court or arbitrator presiding over the dispute, and such prevailing party shall be entitled to recover its legal fees and costs in addition to any other relief to which it may be entitled.

9. Legal and Binding Agreement: This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement.

10. Limitation of Liability: In no event shall owner be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, or in connection with this agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not owner was advised of the possibility of such damages, (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based, and (iv) the failure of any agreed or other remedy of its essential purpose.

In no event shall owner’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort, or otherwise, exceed the total of the amounts paid to owner for the arrangement sold under this agreement.

11. Indemnity: Renter shall indemnify, defend, and hold harmless Owner, its successors and assigns, and its affiliates and their successors and assigns and the respective directors, officers, managers, members, employees, and other agents of Owner, its successors and assigns, (collectively, “Indemnities”) against any and all losses, injury, death, damages, liabilities, claims, deficiencies, actions, judgements, interest, awards, penalties, fines, costs, or expenses of whatsoever kind and nature, including attorney’s fees and the cost of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers incurred by Indemnities relating to, arising out of, or in connection with the transactions contemplated by this Agreement, including without limitation:

11a) Renter’s possession, use, operation, maintenance, transportation, or storage of the Equipment, including but not limited to property damage, bodily injury, or death, whether suffered by Renter, its employees, agents, subcontractors or any third party;

11b) Any breach of this Agreement by Renter, including failure to comply with applicable laws, regulations, and safety standards;

11c) Renter’s negligence, willful misconduct, or improper use of the Equipment, regardless of whether such claims arise in contract, tort, strict liability, or any other legal theory.

11d) Renter’s indemnification obligations shall survice the termination or expiration of this agreement.

12. Governing Law, Jurisdiction, and Venue: The Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Montana, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Gallatin County, Montana, and the Parties hereby consent to the personal jurisdiction and venue of these courts.

13. Entire Agreement: The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

14. No Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. The failure of any party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. A waiver of any term or condition of this Agreement in one instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.

15. No Assignment: The Renter shall not assign or transfer any rights or obligations under this Rental Agreement without the prior written consent of the Owner. Any attempted assignment or transfer without such consent shall be null and void and of no effect.