TRAILER RENTAL TERMS & CONDITIONS 

This Trailer Rental Agreement (“Agreement”) is entered into between 1000532458 Ontario Inc. DBA Hitch Haul (“Owner”) and the party booking and picking-up the trailer (“Renter”). For good and valuable consideration, the parties agree as follows: 

1. Description of Trailer 

The Owner leases to Renter the Trailer as outlined on the invoice corresponding with the Renter’s booking and payment. The Trailer is the exclusive property of the Owner and will remain so throughout the Term of this Agreement. All conditions of this Agreement apply whether the Trailer is attached, detached, moving, at a standstill, or parked. 

2. Term 

The Trailer lease will begin on the date and time specified on the associated booking and end on the date and time specified on the associated booking (“Term”), unless otherwise terminated consistent with this Agreement or extended by the Renter. At the end of the Term, Renter must immediately return the Trailer to the Owner. This agreement is valid for one booking and applies from the time the Trailer has entered the possession of the Renter until the time the Renter properly and completely returns the Trailer to the appropriate location and has secured the Trailer in accordance with the Owner’s policies and Guidelines.

3. Payment 

Renter agrees to pay rent to Owner for the Trailer in the amount specified at the time of booking (“Rent”), plus any other fees (including, without limitation, damage repair costs, trailer clean-out costs, time and mileage, traffic, tolls or parking violation fees, towing and storage fees, and other expenses involving the Trailer) incurred. Rent payment is due prior to the commencement of the lease period. If Renter pays any amount due under this Agreement more than 1 day late, Renter will pay a late fee of $35 per day plus the regular daily rental rate for the corresponding Trailer. Owner will add additional charges if the Trailer is damaged, missing any parts or requires clean-out to return the Trailer to rentable condition Renter will be charged $60 for each returned cheque. 

4. Security Deposit 

Before taking possession of the Trailer, Renter will deposit with the Owner a security deposit of $300.00 (“Security Deposit”) for cash or debit transactions. For online and credit card transactions a security deposit is not required, but the Renter agrees that any fees incurred will be processed on the card on file after this agreement is terminated, Owner will return the Security Deposit to Renter upon termination of this Agreement. Owner may use part or all of the Security Deposit to repair any damage to the Trailer caused by Renter or Renter’s agents. If the Security Deposit does not fully cover the cost of necessary repairs, Renter is liable for the balance. If Renter breaches any material portion of this Agreement, Renter will forfeit any deposit, as permitted by law.

5. Delivery and Return of Trailer  

Renter will be responsible for all expenses and costs incurred in shipping or delivering the Trailer to Renter’s premises at the beginning of the Term. 

Renter will be responsible for all expenses and costs incurred in shipping or delivering the Trailer back to the Owner’s premises at the end of the Term. 

Renter must return the Trailer to Owner no later than the date indicated at the time of booking in the same condition that Renter received it, except for ordinary wear. The Trailer must be returned to the location it was originally picked up from or where the rental originated. 

6. Maintenance, Care, and Operation 

Renter or Renter’s agent has inspected the Trailer and acknowledges that the Trailer is in good and acceptable condition. The Trailer must only be used properly. Its use must comply with the manufacturer’s  instructions, Owner’s instructions, laws, ordinances, and regulations. Renter shall not alter the Trailer without prior express permission from the Owner. Renter must maintain the Trailer in good repair and shall do so at the Renter’s expense. Owner may repossess the Trailer at Renter’s expense without notice if Trailer is abandoned or used in violation of law or this Agreement. The Trailer must be returned upon completion of the Rental clean and free of debris and/or chemical or substance residue.

7. Prohibited Uses of Trailer 

Any loan or subletting of the Trailer or assignment of this Agreement by Renter without Owner’s prior written consent is prohibited. Renter is also prohibited from using the Trailer to transport hazardous or illegal materials or for any other illegal purpose; transporting living persons; towing by anyone under the influence; towing under or through any structure without adequate overhead clearance; use outside the United States or Canada; use beyond Trailer’s load capacity as indicated on the trailer load capacity decal; and use that can be reasonably expected to damage Trailer.  

8. Insurance, Taxes, Fines, Tolls, Penalties and Fees 

The Renter shall insure the Trailer for at least $10,000.00 or the replacement cost of the Trailer in the event of total loss. Renter will be responsible for all taxes, assessments, and fees on the Trailer during the Term. If Total Insurance Coverage is purchased at the time of booking the Trailer rental, the Total Insurance Coverage will cover costs of damages in excess of $1000.

Throughout the duration of the rental period, any fines, tolls, penalties or fees that are charged against the trailer will be the sole responsibility of the Renter. In the event the Renter has not paid the corresponding fines, tolls, penalties or fees, the Owner will charge the Renter, the full amount of the fines, tolls, penalties or fees, along with an additional $100 administration fee and any additional charges related to the handling and processing of the corresponding fines, tolls, penalties or fees.

9. Safety  

Renter will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Trailer. Renter must comply with all applicable laws and regulations relating to the safety of persons using or encountering the Trailer. 

10. Breach 

If Renter fails to fulfill any obligation or engages in any prohibited conduct under this Agreement, Renter will have breached this Agreement. Unless contrary to law, Owner may add all costs arising from the breach, including attorney’s fees and related costs, to Renter’s payment due. Further, if Renter breaches, Owner may, as allowed by law, take immediate possession of the Trailer and the contents within. If Owner cannot re-lease the Trailer during any remaining term of  this Agreement, after default by Renter, Owner may hold Renter liable for the balance of  the unpaid rent. 

11. Limitation of Liability 

To the extent allowed by law, Owner shall not be liable to Renter, and Renter will not bring a claim against Owner under any legal theory, including contract, tort, strict liability, product liability, or other statutory or common law basis, for any incidental, special,  exemplary, consequential, or statutory damages or any damages resulting from lost profits,  interruption of business, or loss of goodwill. Renter waives any claim to pursue damages in an amount that exceeds the fees paid by Renter to Owner under this Agreement. Owner is not responsible for any injuries, accidents, harm, damage, loss, or death of any persons,  animals, or contents in, on, or out of the Trailer. It is Renter’s responsibility to properly tie  down or otherwise secure items being transported via the Trailer. 

12. Indemnification 

Except for harm caused by Owner’s acts or omissions, Renter, to the fullest extent allowed by law, will indemnify Owner from any liability for losses, claims, injury to, or death of any person, including Renter, or for damage to property arising from Renter’s use and possession of the Trailer or anyone else’s use or possession of the Trailer with Renter’s express or implied permission.  

13.Notice 

Any notice given under this Agreement will be in writing and mailed certified, postage prepaid, or delivered by overnight delivery service to: 

Owner: 1000458532 Ontario Inc. DBA Hitch Haul of 1306 Butler Street, Innisfil, ON L9S 0H1 

14.Jurisdiction 

This Agreement will be construed in accordance with and governed by the law of the Province of Ontario. Any action arising out of or related to this Agreement must be brought in a Simcoe County court.

15. Entire Agreement 

This Agreement is the entire agreement between the parties. Modifications must be in writing and signed by both parties.