6301 US HWY 281 N, Spring Branch, Texas
. RENTALS AT SPRING BRANCH LLC
1. DEFINITIONS “Lessor” means Rentals at Spring Branch, including its owners, officers, employees, and agents. “Customer” or “Lessee” means the individual or entity renting Equipment and any person signing on its behalf. “Authorized Operators” means individuals approved by Customer who are properly trained, legally permitted, at least eighteen (18) years of age, and not impaired by alcohol, drugs, or any substance. “Equipment” includes all heavy equipment, trailers, attachments, accessories, replacement parts, and future rentals. “Incident” includes any theft, accident, loss, damage, rollover, injury, death, citation, seizure, or claim involving the Equipment. “Rental Period” begins when Equipment leaves Lessor’s yard or is delivered and ends only when returned, inspected, and accepted by Lessor. “FMV” means fair market value of the Equipment immediately prior to the Incident.
2. ACCEPTANCE OF TERMS Customer’s execution of this Agreement or taking possession of Equipment constitutes acceptance of these Terms for this rental with Lessor. This Agreement is a true lease. Title remains solely with Lessor at all times.
3. PERMITTED USE Customer represents and warrants that Lessor has no control over the use or operation of the Equipment after release. Customer has inspected the Equipment before use and upon return. The Equipment will be used only as intended and within rated capacity. Only Authorized Operators may use the Equipment. The Equipment will be operated in compliance with all federal, state, and local laws, including OSHA and DOT regulations. The Equipment shall remain at the approved location unless written consent is obtained from Lessor. Customer shall immediately cease use and notify Lessor upon any malfunction, damage, warning light, seizure threat, loss, or Incident.
4. PROHIBITED USE Customer shall not alter, remove, or cover decals, serial numbers, or safety devices; shall not sublease, lend, assign, or transfer the Equipment; shall not use the Equipment negligently, illegally, recklessly, or beyond rated capacity; shall not permit operation by unauthorized operators; and shall not use the Equipment for public demonstrations, advertising, or media purposes without written consent.
5. MAINTENANCE & CARE Customer is responsible for daily inspection, cleaning, fueling, lubrication, tires, tracks, brakes, lights, chains, and safe operation of the Equipment. All non-routine repairs must be performed only by Lessor or its authorized agents. Damage beyond ordinary wear shall be billed at full repair cost plus downtime rental.
6. TRANSFER OF RISK & CUSTOMER LIABILITY All risk transfers to Customer upon release of the Equipment, including theft, loss, rollover, fire, flood, vandalism, transport, loading, and unloading, whether or not Customer is at fault. Customer shall immediately notify Lessor and law enforcement if required following any Incident. Customer shall secure the Equipment after an Incident and continue paying rent until repair or replacement. Customer shall pay either the full repair cost or the FMV of the Equipment. Rental charges do not offset damage or loss amounts.
7. AS-IS; NO WARRANTIES The Equipment is rented AS-IS, WHERE-IS, WITH ALL FAULTS. Lessor disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Customer assumes all risks and releases Lessor from all claims, including consequential damages, loss of profits, or personal injury, to the fullest extent permitted by Texas law.
8. INDEMNIFICATION To the fullest extent permitted by law, Customer shall indemnify, defend, and hold harmless Lessor from all claims, damages, losses, liabilities, and expenses, including attorney’s fees, arising from the use, possession, transport, or control of the Equipment, any Incident, any breach of this Agreement, or any act or omission of Customer or Authorized Operators, regardless of negligence or strict liability. These obligations survive termination.
9. INSURANCE REQUIREMENTS Customer shall maintain, at its sole expense, commercial general liability insurance, property insurance covering the Equipment for its full FMV, and automobile liability insurance if the Equipment is transported on public roads. Such insurance shall not limit Customer’s liability under this Agreement.
10. RENTAL PROTECTION (IF ELECTED) Any damage waiver or protection plan offered by Lessor is NOT insurance and only modifies damage liability if all conditions are met. All exclusions remain Customer’s responsibility, including misuse, theft without police report, acts of God, water damage, or unauthorized use.
11. RENTAL RATES & CHARGES Rental rates accrue daily, including weekends and holidays. Customer is responsible for fuel, refueling charges, transportation, recovery costs, downtime, and lost keys, tires, or accessories.
12. PAYMENT TERMS All charges are due in advance. Customer authorizes Lessor to charge any payment method on file for all amounts owed, including damage, loss, and extensions.
13. RETURN OF EQUIPMENT Equipment must be returned during business hours, in the same condition as received, ordinary wear excepted, and free of hazardous materials. Customer remains liable until the Equipment is inspected and accepted by Lessor.
14. DEFAULT & REPOSSESSION Customer is in default if it fails to pay, breaches any term, fails to insure, or places the Equipment at risk. Lessor may repossess without notice, recover all costs, and pursue all available legal remedies. Customer waives any claim arising from repossession.
15. CRIMINAL NOTICE Failure to return Equipment or use of false identification to obtain Equipment may constitute theft and result in criminal prosecution.
16. GOVERNING LAW & VENUE This Agreement shall be governed by the laws of the State of Texas, and venue shall lie exclusively in Texas courts.
17. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions or representations. No oral modification is valid. If any provision is unenforceable, the remainder shall remain in full force and effect.