TRAILER  RENTAL  TERMS  &  CONDITIONS 

NOTICE: THIS IS A LEGALLY BINDING CONTRACT. READ CAREFULLY BEFORE EXECUTING. BY BOOKING AND TAKING POSSESSION OF THE RENTAL ASSET, YOU AGREE TO BE BOUND BY ALL TERMS CONTAINED HEREIN.

1. PARTIES TO THE AGREEMENT

This Agreement is made and entered into by and between the party initiating the booking and/or taking possession of the trailer (the “Renter”) and the legal owner of the specific rental asset identified on the invoice (the “Owner”).

• Facilitation Disclosure: The Renter acknowledges that 1000532458 Ontario Inc. dba Hitch Haul (“Hitch Haul”) acts as a technology and service facilitator for the transaction.

• Direct Privity: Where the rental occurs at a franchised location, the Renter acknowledges that the Owner is a legally independent Franchisee of Hitch Haul, who maintains exclusive title to the equipment.

• Liability Limitation: Hitch Haul shall not be deemed a party to the rental relationship between the Renter and a Franchisee-Owner unless expressly stated on the invoice.

2. LEASE OF EQUIPMENT AND TERM

The Owner hereby leases to the Renter the trailer unit identified by the serial/unit number on the booking confirmation (the “Trailer”).

• Term of Possession: The lease commences at the date and time of the digital code activation and terminates at the scheduled return time as recorded in the Lockii management system (the “Term”).

• Unattended Possession: The Renter accepts full responsibility for the Trailer from the moment the digital lock is disengaged until the Trailer is returned to the designated location, secured, and the return inspection is completed via the on-site QR code system.

3. COMPLIANCE WITH THE CRIMINAL CODE OF CANADA

The Renter is hereby placed on formal notice regarding the following legislative provisions:

• Criminal Theft: Failure to return the Trailer within seventy-two (72) hours of the expiration of the Term, coupled with a failure to respond to the Owner’s communication attempts, shall be deemed an intentional conversion of property.

• Theft Reporting: In such events, the Owner will immediately report the Trailer as stolen to the Ontario Provincial Police or local law enforcement and pursue criminal prosecution under the Criminal Code of Canada, R.S.C. 1985, c. C-46, s. 322.

4. FINANCIAL OBLIGATIONS AND ENFORCEMENT

The Renter agrees to remit all fees, including Rent, insurance, and specialized equipment charges, prior to the commencement of the Term.

• Late Return Penalties: In accordance with the Hitch Haul Operating Manual, any return exceeding the Term by one (1) hour or more shall incur a flat penalty of $50.00 CAD, plus the full applicable daily rate for each twenty-four (24) hour period of continued possession.

• Declined Payments: In the event a credit card charge for damages or late fees is declined, the Renter must settle the balance via an alternative method within three (3) business days.

• Civil Action and Collections: Failure to settle arrears will trigger immediate civil litigation in the Ontario Small Claims Court. The Renter agrees to be liable for all collection costs, including a $100.00 administrative fee and all reasonable legal fees on a substantial indemnity basis.

• Service Ban: Defaulting on any payment will result in a permanent and irrevocable ban from the Hitch Haul network pursuant to the Notice of Ban protocols.

5. OPERATIONAL STANDARDS AND TOWING REQUIREMENTS

The Renter warrants that the towing vehicle meets all safety and technical specifications required for the Trailer:

• Hardware Specifications: The Renter must utilize a hitch ball of the exact size (2” or 2-5/16”) as specified on the Trailer’s decal and a functional 7-pin or 4-flat electrical connector.

• Safe Operation: The Renter shall comply with the Highway Traffic Act, R.S.O. 1990, c. H.8, and all regulations regarding load securement, speed limits, and lighting.

• Prohibited Materials: The transport of hazardous, flammable, or explosive materials is strictly prohibited under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, c. 34.

6. INDEMNIFICATION AND WAIVER OF LIABILITY

• Risk Assumption: The Renter acknowledges that towing involves inherent risks and hereby assumes all risks of injury, death, or property damage to themselves or third parties.

• Indemnity: The Renter shall defend, indemnify, and hold harmless the Owner, Hitch Haul, and their respective directors, officers, and employees from any and all claims, suits, or liabilities arising directly or indirectly from the Renter's use, possession, or operation of the Trailer.

• Limitation of Damages: The Owner’s liability for any breach of this Agreement is strictly limited to the amount of Rent paid by the Renter.

7. INSURANCE AND FINES

• Mandatory Coverage: The Renter warrants that they maintain a valid automobile insurance policy that extends liability coverage to the Trailer while being towed.

• Replacement Value: In the event of total loss or theft, the Renter is liable for the full replacement cost of the Trailer, regardless of insurance coverage.

• Violations and Tolls: The Renter is solely liable for all traffic citations, automated toll charges (e.g., 407 ETR), and parking violations incurred during the Term.

8. GOVERNING LAW AND JURISDICTION