1. INSPECTION. Customer acknowledges that Customer has had an opportunity to personally inspect the equipment and finds it suitable for Customer’s needs and in good condition, and that Customer understands its proper use. Customer further acknowledges Customer’s duty to inspect the equipment prior to use and notify Dealer of any defects.

2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use. Customer agrees to discontinue use and notify Dealer who will replace the equipment with a similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.

3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS.

4. POSSESSION/TITLE. Dealer owns the equipment, and title in and to all of it will remain Dealer’s at all times. Customer is entitled only to use and possess the equipment for the Rental Period; subject to the terms of this Contract. If Customer retains the equipment beyond the agreed Term without Dealer’s express written consent, Customer will be deemed to have materially breached this Contract. Customer will not take, grant or permit the taking of any (and Customer hereby waives any and all) liens or other similar claims on any portion of the equipment, and Customer will take such actions as may be necessary, at Customer’s sole cost and expense, to ensure that any and all such liens are released as soon as possible.

5. HOLD HARMLESS/INDEMNITY. Customer assumes all risks associated with the possession, use, transportation and storage of the equipment. ACCORDINGLY, CUSTOMER HEREBY WAIVES ANY AND ALL LIENS AND CLAIMS ARISING FROM OR ASSOCIATED WITH, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEALER FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, CLAIMS FOR BODILY INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF TIME AND/OR INCONVENIENCE) RESULTING FROM OR ARISING IN CONNECTION WITH SUCH POSSESSION, USE, TRANSPORTATION AND/OR STORAGE, REGARDLESS OF THE CAUSE AND INCLUDING ANY INJURIES AND/OR DAMAGES SUFFERED BY CUSTOMER, CUSTOMER’S EMPLOYEES AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM DEALER’S INTENTIONAL MISCONDUCT.

6. ASSIGNMENT AND SUBLETTING. Dealer may, at Dealer’s sole option, assign all or any portion of Dealer’s rights and/or remedies under this Contract without Customer’s consent. CUSTOMER MAY NOT ASSIGN CUSTOMER’S RIGHTS OR REMEDIES UNDER THIS CONTRACT, NOR MAY CUSTOMER SUBLEASE OR LOAN THE EQUIPMENT TO ANY THIRD PARTY WITHOUT DEALER’S PRIOR WRITTEN CONSENT, ANY SUCH ATTEMPTED ASSIGNMENT OR SUBLEASE BY CUSTOMER WILL, AT DEALER’S OPTION BE DEEMED VOID AB INITIO.

7. ASSUMPTION OF RISK. Customer acknowledges that the possession, use, transportation and/or storage of the equipment may give rise to the risk of personal injury and/or property damage. CUSTOMER VOLUNTARILY ASSUMES ALL SUCH RISK AND RELEASES AND DISCHARGES DEALER AND THE EQUIPMENT FROM ANY AND ALL LIENS, LIABILITIES AND CLAIMS ARISING IN CONNECTION WITH THE SAME, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH DEALER’S NEGLIGENCE (OTHER THAN DEALER’S INTENTIONAL MISCONDUCT).

8. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract. (a) Use for illegal purpose or in illegal manner. (b) Use when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or misuse. (d) Use by anyone other than Customer, without Dealer’s written permission. (e) Use at any location outside of the state of Wisconsin.

9. ASSIGNMENTS, SUBLEASES AND LOANS OF THE EQUIPMENT. Dealer may assign its rights under this contract without Customers’ consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dealer’s written permission. Any purported assignment by Customer is void.

10. TIME OF RETURN. Customer’s right to possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.

11. LATE RETURN. Customer agrees to return the rented goods during Dealer’s regular store hours, upon expiration of the rental period. Customer agrees that if the rented equipment is held beyond the expiration of the rental period as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.

12. DAMAGED, DIRTY, OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at their current list price. The cost of repairs will be borne by Customer, whether performed by Dealer, or, at Dealer’s option, by others.

13. TIME OF PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 1.5% per month (ANNUAL RATE OF 18%) will be charged on all overdue accounts.

14. COLLECTION COSTS. Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract.

15. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the equipment from wherever it is, and Dealer and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.

16. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.

17. PROPERTY DAMAGE. Not responsible for any property damage whatsoever as a result of the Customer’s use of the equipment. Customer warrants that the equipment will not be used to trespass on any private property.

18. FEES, LICENSES, PERMITS, TAXES AND FINES. The Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer’s use or operation of the equipment.

19. EQUIPMENT FAILURE. In the event any of the equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, Customer agrees to immediately discontinue use and notify Dealer. Customer further agrees Customer will not repair or have anyone else repair the equipment. Failure to timely notify Dealer will result in Customer being charged for the entire contract.

20. INSURANCE. By signing this agreement, Customer warrants that the Customer has insurance that covers the Customer’s use of the equipment and any property damage or personal injury caused as a result of Customer’s use. A Customer’s use of the equipment without carrying insurance required under this paragraph results in the agreement being, at dealer’s option, void ab initio. All such insurance shall be primary, without any self-insured retention, and shall waive subrogation against Dealer. Any insurance Dealer carries will be deemed to be in excess of Customer’s insurance.

21. WAIVER AND RELEASE. Customer warrants that every person who drives or rides in the equipment has signed the Waiver and Release of Liability form provided by Dealer. If any person who drives or rides in the equipment does not sign the Waiver and Release from Liability, and is injured or causes damage to property or injury to others, Customer agrees to take full responsibility for such damage or injury. Accordingly, Customer agrees to indemnify, defend and hold harmless the dealer from and against any and all liabilities, claims, damages, losses, costs and damages for any such damage or injury.

22. SECURITY DEPOSIT. Customer shall pay a security deposit in the amount indicated on page 1 of this document for the use of the equipment. This deposit shall be held by Dealer electronically or physically. The deposit will be used to pay for any refueling costs, repairs to the equipment or its parts, charges for late-return fees, or any other charge incurred by Dealer as a result of Customer’s use of the equipment. After paying the above-stated costs incurred by Dealer, the Dealer shall return the remaining deposit amount to Customer within three business days after the date the rental term ended. Dealer’s use of the security deposit is not intended to be a penalty. Dealer may mix the security deposit with other funds owned by the dealer. DEALER RESERVES THE RIGHT TO PURSUE ALL AVAILABLE REMEDIES AFTER USING THE ENTIRE SECURITY DEPOSIT.

23. FORM OF PAYMENT. Customer may pay the rental fee and security deposit with cash, cashier’s check, debit card or credit card. Any personal check that is returned NSF will result in a $50 charge against the Customer. Any outstanding balance owed to Dealer shall accrue interest at a rate of 1.5% compounding monthly.

24. WAIVER OF JURY TRIAL. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.

25. CHOICE OF LAW. Each party agrees that any dispute arising out of this contract shall be governed by the laws of the State of Wisconsin and that Green County, WI shall be the appropriate venue.