TRAILER RENTAL TERMS & CONDITIONS 

Introduction 

This Trailer Rental Agreement (“Agreement”) is entered into between 1000532458 Ontario Inc. dba Hitch Haul (“Owner”) and the individual or entity booking and/or taking possession of the trailer (“Renter”). The purpose of this Agreement is to establish binding legal terms governing the rental, use, operation, and return of the trailer, and to ensure that the Owner’s rights and interests are fully protected under the laws of Canada and the relevant province or territory of rental. The Renter acknowledges that the Trailer remains at all times the property of the Owner, and that failure to comply with these terms may result in civil liability and criminal prosecution. 

1. Ownership and Description of Trailer 

The Owner leases to the Renter the trailer identified in the corresponding booking invoice (the “Trailer”). The Trailer shall remain the sole property of the Owner. This Agreement applies at all times while the Trailer is in the possession, custody, or control of the Renter, whether moving, stationary, attached, detached, or parked. The Renter shall have no right, title, or interest in the Trailer other than the right to use it strictly in accordance with the terms of this Agreement. 

2. Term of Rental

The Term of this Agreement begins at the date and time specified in the booking and ends at the scheduled return date and time, unless otherwise extended by express written agreement of the Owner. The Renter must return the Trailer immediately at the end of the Term to the designated location. Failure to return the Trailer as required shall constitute unlawful possession and may be treated as theft under the Criminal Code of Canada, R.S.C. 1985, c. C-46, s. 322, subjecting the Renter to criminal prosecution and civil recovery of damages. 

3. Payment and Charges

The Renter agrees to pay all rental fees as set at the time of booking (“Rent”) in advance of possession. In addition, the Renter shall be liable for: • All costs of damages, repairs, cleaning, loss, missing parts, towing, storage, parking fines, tolls, or other charges incurred during the Term; • A late return fee of $50 per day, plus the daily rental rate of the Trailer, plus any consequential losses incurred by the Owner due to unavailability of the Trailer for subsequent rentals; • A returned payment or chargeback fee of $75 for dishonoured payments. If the Renter fails to pay late fees, damage charges, or other amounts owed within three (3) business days of demand, the Owner will pursue immediate civil remedies, including but not limited to debt collection, lien enforcement under applicable provincial statutes, garnishment proceedings, and small claims or superior court actions. Non-payment or default will also result in the Renter being permanently banned from Hitch Haul services, in accordance with the Ban Notice. The Renter acknowledges that interest may accrue on unpaid balances at the rate of 2% per month (24% annually) or the maximum permitted by law. 

4. Security Deposit

Where applicable, a Security Deposit shall be provided in the amount determined by the Owner. The Owner may apply the Security Deposit to any unpaid amounts, damages, legal costs, or other losses arising from this Agreement. The Renter remains fully liable for any deficiency not covered by theSecurity Deposit. The Owner reserves the right to charge additional amounts directly to the payment method on file. 

5. Delivery and Return Obligations

The Renter must return the Trailer on or before the scheduled return date and time, to the same location from which it was picked up, unless otherwise authorized in writing by the Owner, and in the same condition as received, ordinary wear excepted. Failure to return the Trailer within three (3) days of the scheduled date, and after the Owner’s reasonable attempts to contact the Renter, will result in the Trailer being deemed stolen property. The Owner will immediately report the Trailer as stolen to law enforcement and pursue criminal charges under the Criminal Code of Canada, s. 322 (Theft) and s. 334 (Punishment for theft under or over $5,000). The Renter acknowledges that continued unauthorized possession constitutes theft and may expose the Renter to imprisonment, fines, and restitution orders, in addition to civil liability. 

6. Maintenance, Care, and Operation

The Renter acknowledges the Trailer is in good condition at pickup and agrees to maintain it in good condition. The Renter shall: • Use the Trailer in compliance with all laws, bylaws, ordinances, and manufacturer specifications; • Not alter, modify, or tamper with the Trailer; • Bear all costs of operation and maintenance during the Term. The Owner reserves the right to repossess the Trailer without notice and at the Renter’s expense if it is abandoned, used illegally, or otherwise in violation of this Agreement. The Renter waives any right to contest repossession under these circumstances.

7. Prohibited Uses

The following uses are strictly prohibited and shall constitute a breach of this Agreement: • Subleasing or loaning the Trailer; • Transporting hazardous, flammable, or illegal goods (contrary to the Transportation of Dangerous Goods Act, 1992, S.C. 1992, c. 34); • Use outside Canada or the United States without written permission; • Operating under the influence of alcohol or drugs (contrary to the Criminal Code of Canada, s. 320.14); • Exceeding posted load capacity; • Use in any manner reasonably expected to cause damage or to endanger public safety. 

8. Insurance and Liability for Fines

The Renter shall maintain valid insurance on the Trailer equal to the greater of $10,000 or the replacement value. The Renter shall also provide proof of valid automobile insurance before possession. The Renter is fully responsible for all traffic violations, fines, tolls, penalties, or impound charges incurred during the Term. Unpaid fines will be charged to the Renter along with an additional $100 administrative fee and all related processing costs. 

9. Safety and Compliance

The Renter assumes full responsibility for compliance with all applicable provincial and federal laws, including traffic, highway safety, and load regulations. The Renter shall ensure that all towed loads are properly secured and shall indemnify the Owner for any accidents or claims arising from improper use. 

10. Limitation of Liability

To the maximum extent permitted by law, the Owner shall not be liable for any injury, loss, damage, or death to persons, animals, or property arising from the use or operation of the Trailer. The Renter assumes full responsibility for safe operation. The Renter waives all claims against the Owner for indirect, incidental, consequential, or punitive damages.

11. Indemnification

The Renter agrees to indemnify, defend, and hold harmless the Owner from all claims, demands, actions, damages, or expenses, including legal fees, arising out of the Renter’s use or possession of the Trailer, except where caused solely by the Owner’s gross negligence or willful misconduct. 

12. Remedies for Breach

If the Renter breaches any term: • The Owner may immediately terminate this Agreement and repossess the Trailer; • The Owner may recover all enforcement costs, including legal fees, bailiff or repossession fees, and interest; • The Renter shall remain liable for all unpaid rent, damages, and consequential losses. 

13. GPS Tracking Consent

The Renter expressly consents to the use of GPS tracking devices on the Trailer for theft prevention, recovery, and enforcement of this Agreement. The Renter acknowledges that location data may be shared with law enforcement in the event of theft or breach. 

14. Force Majeure

The Owner shall not be liable for any delay or failure caused by events beyond its reasonable control, including natural disasters, acts of God, pandemics, labour disputes, or government restrictions.

15. Severability

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be severed, and the remainder shall remain in full force and effect. 

16. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Province in which the rental originated and by the federal laws of Canada applicable therein. Jurisdiction is conferred upon the courts of that Province. 

17. Entire Agreement

This Agreement constitutes the entire understanding between the parties. No oral representations or modifications shall be binding unless reduced to writing and signed by both parties. The Renter acknowledges having read and understood all terms prior to signing.