RENTAL AGREEMENT

 In order to rent a trailer from Tri-State Trailer Rental, Inc,  you must complete the form at the bottom of this page in addition to renting your trailer on this site. 

Upon completion of the form below, you will be redirected to the Shopping Cart to check out.

THIS TRAILER LEASE AGREEMENT (“LEASE”) is hereby made and entered into on the date entered by the Renter at the bottom of this page by and between Tri-State Trailer Rental, LLC, a the individual listed at the bottom of this page, (hereinafter called “Renter”).

WITNESSETH:
For and in consideration of the rentals, undertakings and mutual covenants hereinafter set forth, and for the mutual benefit of the parties, Owner hereby leases to Renter, and Renter hereby leases and hires from Owner, subject to the terms and conditions hereinafter expressed, a trailer to be rented online by Renter at www.TriStateTrailerRental.com. The parties hereto mutually agree as follows, this Lease being expressly subject to the terms and conditions hereinafter set out:

1. Term
The term of this Lease shall be for a period beginning at a time and date to be specified by Renter during the rental reservation process.

2. Rent
Renter agrees to pay to Owner the sum to be specified during the online reservation process at www.TriStateTrailerRental.com, due in advance on or before the initial day of the rental term.

3. Conditions
Renter takes temporary possession of the Trailer having inspected its condition and having determined that it is suitable for the use that Renter intends. No refunds, charges, repayments, or other compensation will be provided to Renter in the event that the Trailer is not suitable for the purpose that Renter intends. Renter further affirms that the Trailer is free of material defects and damage at the inception of this Lease.

4. Use
Renter will use the Trailer in a manner consistent with all applicable laws and regulations, including but not limited to the traffic and safety laws of any jurisdiction in which Renter operates the Trailer. Renter will not overload the Trailer beyond its manufacturer-certified capacity, nor will Renter transport any inherently hazardous or toxic materials on the Trailer. Renter will not alter the Trailer in any way, including reducing or increasing the tire pressure. Renter will not use the Trailer with any accessories unless those accessories are expressly approved by the
Owner prior to use.

5. Taxes
Renter is responsible for all sales and use taxes due on this rental transaction. These taxes will be collected by Owner at the start of the Lease.

6. Assumption of Risk
Renter understands and acknowledges that operating a Trailer can cause or contribute to property damage or bodily injury. Renter understands and agrees that property damage or bodily injury can result from patent or latent defects in the Trailer, towing equipment, items
carried on the Trailer, or the vehicle towing the Trailer. Renter knowingly and voluntarily assumes the risk of property damage and bodily injury arising from Renter’s use of the Trailer, or by use of the Trailer by any other person while the Trailer is leased to Renter, whatever the cause of such property damage and/or bodily injury. Renter agrees to maintain liability insurance coverage at least meeting state minimum coverages and covering the Renter’s use of the Trailer for the entire rental term.

7. Security Deposit / Damage to Property
Renter has delivered to Owner a security deposit in the amount of $300. Renter agrees to return the leased Trailer in substantially the same condition in which he receives it, usual and reasonable wear and tear excepted. Renter’s security deposit will be returned to Renter, less the cost of repair or replacement of any damage to the Trailer. Renter agrees to reimburse Owner for all damage to the Trailer during the rental term, whatever the cause. Renter’s security deposit will first be charged for any damage to the Trailer. If damage exceeds the amount of the security deposit, Renter agrees to fully reimburse Owner for all such damage no later than 10 days after the Owner informs the Renter of the amount of such damage.

8. DAMAGE PHOTO POLICY – As a renter, you are required to take photos of all damage to trailer prior to leaving our property at the start of your rental. Photos taken with a cell phone are time / date stamped and may be used as proof that you did not cause damage.  Failure to take photos of any damage to the trailer prior to leaving the property will result in you being held liable for all damage to our trailer at the time of return.

9. Surrender
Renter agrees to surrender the Trailer to the Owner, at the Owner’s premises, without demand, at the conclusion of the rental term.

10. Indemnification/Hold Harmless
Renter agrees to indemnify and hold harmless Owner for all claims, causes of action, damages, harms, costs, fees, taxes, penalties, fines, or any other amount of money assessed against the Owner for any reason arising out of or related to the Renter’s use of the Trailer.

11. Default
Upon any default by the Renter of any of Renter’s obligations under this Agreement, Owner may, at Owner’s sole discretion, terminate this Lease and immediately take physical possession of the rented Trailer, with or without notice to Renter and without incurring any liability to Renter for any damages, direct or indirect, including consequential damages.

12. Late Return Fee
In the event that Renter fails to return the Trailer at the end of the Lease term described above, Renter shall pay to Owner a late fee of $20 per hour (if less than 24 hours late) or $500 per full day (if more than 24 hours late). Late fees may be assessed against the security deposit referred to in Paragraph 7.

13. Owner/Renter Relationship
The only relationship between Owner and Renter is that of owner and renter. The parties to this Lease are not in joint venture, partnership, or co-ownership. Neither party is the agent or employee of the other by virtue of this Lease.

14. Assignment / Use by Non-Renter Parties
Renter may not assign or sublet any interest in the Trailer, or in the use thereof. Renter shall not permit any person other than Renter to operate the Trailer.

15. Entire Agreement
This Lease Agreement and the Liability Waiver together constitute the entire agreement between the parties concerning the rental of the Trailer. All previous negotiations and discussions among the parties are incorporated into and superseded by this Lease. There are no agreements among the parties to this Lease outside of the four corners of this Lease Agreement and the Liability Waiver.

16. Applicable Law
This Lease shall be interpreted under the laws of the Commonwealth of Kentucky, without regard to its choice of law principles.

17. Attorney’s Fee
In the event that Owner finds it advisable, in Owner’s sole discretion, to retain counsel to enforce any provision of this Lease, Owner shall be entitled to recover reasonable attorney’s fees from the Renter.

18. Mandatory Arbitration
The parties agree that all disputes arising out of this Lease or any use or rental of the Trailer by Renter shall be submitted to mandatory arbitration, conducted under the rules of the American Arbitration Association in McCracken County Kentucky, before a qualified arbitrator. The parties agree to be bound by the decision of such arbitrator, and acknowledge that by this Lease Agreement they intend to and do WAIVE FOREVER THEIR RIGHT TO A JURY TRIAL CONCERNING ANY MATTER ARISING FROM OR RELATED TO THIS LEASE. 

WAIVER OF ALL LIABILITY

RENTER: READ AND UNDERSTAND THIS WAIVER FULLY BEFORE YOU SIGN IT. THIS WAIVER GIVES UP SUBSTANTIAL LEGAL RIGHTS THAT YOU MAY HAVE. IT IS AN IMPORTANT LEGAL DOCUMENT.

The undersigned Renter understands and agrees that Renter’s rental and use of the Trailer is at Renter’s own risk and that special and extraordinary risks to health, life, and property may arise from Renter’s use of the rented Trailer. Renter understands and agrees that using the Trailer in a manner consistent with all applicable laws, regulations, instructions, and manufacturer recommendations is absolutely necessary to reduce the risk of harm. Renter also understands and agrees that harm may result even from the proper
and lawful use of the Trailer.

Renter accepts full responsibility for any property damage, physical injury, death, disability, or other harm arising out of or related in any way to use of the Trailer by Renter or any other person during the rental term. Renter hereby waives, releases, surrenders, and abandons forever any claim that Renter may have, now or in the future, against Owner or any of Owner’s members, employees, agents, representatives, owners, managers, affiliates, contractors, family members, or any others for any property damage, physical injury, death, disability, or other harm arising out of or related in any way to use of the Trailer by Renter or any other person during the rental term. Renter understands that Renter’s agreement to this Waiver of All Liability is essential to the bargain between Renter and Owner, that this Waiver of All Liability is part of the consideration given by Renter for renting the Trailer, and that the Trailer cannot be rented without this Waiver of All Liability.