For good and valuable consideration, Customer and Badger Equipment Rental LLC, a Wisconsin limited
liability company ("BER "), agree as follows:
1. Definitions. As used herein: "Page 1 " refers to the initial page (or pages) of this Contract; "Contract
" refers to Page 1, these Terms and Conditions, and any pictures, videos and/or addenda we provide,
each of which is incorporated herein;"ltem" means the rented item(s) listed on Page 1;"Site" means the
address on Page 1 where the item(s)will be delivered and/or used; and "Customer" refers to the "Renter,"
"Customer, " "Lessee, " and/or "Guarantor " (as applicable) identified on Page 1.
2. Rates. Customer agrees to rent the ltem from BER for the period shown on Page 1 (the "Term ") and pay
BER's stated rental rate (the "Rent "), plus all additional charges, without reduction for transit time, force
majeure, or other downtime. Customer will also pay all related taxes (including sales and use), tolls, fines,
fees, and assessments.
3. Payment. Rent is estimated based on Customer's projected Term length ("Estimated Rent "). Unless
BER agrees otherwise in writing, Customer agrees to: (a) pay: (i) the Estimated Rent in advance (the
"Prepayment "), and (ii) all other charges upon demand; and (b) acknowledge that: (i) B E R may
deduct any owed amounts from the Prepayment; (ii) Prepayments do not earn interest, limit liability, or
qualify for refunds. Customer authorizes BER to charge all due amounts to any card provided, up to one
hundred twenty-five percent (125o/o) of the item's replacement cost.
4. Terms. Unless BER agrees otherwise in writing, rental rates cover normal item use, not exceeding: (i)
eight (8) hours per twenty-four (24) hour "Rental Day "; (ii) forty (40) hours per seven (7) day period; or
(iii) one hundred sixty (160) hours per twenty-eight (28) day period. Late returns and overuse are charged
at BER's highest incremental rate.
5. Limited Damage Waiver. lf offered by BER and purchased in advance, the limited damage waiver ("LDW ") reduces Customer's liability for eighty percent (80%) of the first Fifteen Thousand and No/100ths
Dollars ( $15,000 .00) in repair/replacement costs for physical damage caused to covered ltem ( "Covered
Items "). LDW does not cover: (a) any ltem except the Covered ltems; (b) Covered ltems damaged during
transit or due to: (i) Contract breaches, (ii) theft, disappearance, or late return, (iii) negligence or misuse
(e.9., submersion, rollover, striking overheads, or overloading); (c) keys, glass, tires, tubes, tracks, hoses;
(d)twenty percent (20%) of the first Fifteen Thousand and No/100ths Dollar s ($15,000 .00) in covered
damage; or (e) costs over Fifteen Thousand and No/100ths Dollars ( $1S,OOO .00) total. Customer may
decline LDW. Customer 's insurance remains primary. Customer agrees to assist BER in recovering
covered losses. LDW is not insurance or a warranty.
0. Delivery and Pickup. lf BER agrees to deliver or retrieve an ltem, Customer agrees to: (a) keep the Site
clean, safe, and secure; (b) pay allapplicable delivery/pickup charges; (c) be present at agreed times; and (d)
ensure BER has full Site access. lf Customer is absent, Customer accepts BER 's account of the
delivery/pickup, including condition and quantity of ltems.lf Customer picks up or drops off an ltem and
BER staff are not present or available, Customer accepts BER's account of thepickup/dropoff,
including condition and quantity of ltems.
z. lnspection and Safety. Upon receipt or delivery of the ltem to the Site (whichever occurs first), unless
rejected by Customer at that time, Customer represents and agrees that: (a) each ltem: (i) is complete, in
good condition and repair, and fully charged/fueled (as applicable) ; (ii) is suitable and acceptable for
Customer's purposes; and (iii) has been selected, examined, counted, and tested by Customer or its
agent(s); and (b) Customer: (i) has reviewed and understands all applicable laws, regulations, instructions,
manuals, and maintenance requirements ( "lnstructions "); (ii) willcomply with all lnstructions, including those
related to training, charging, fueling, cleaning, and site assessment; (iii) is aware of and will use required
personal protective equipment; (iv) will use the ltem safely and only for its intended purpose; (v) will provide
all necessary notices and obtain all required permits, approvals, and marklngs before disturbing the ground;
and (vi) will ensure compliance with this Contract by all users. Customer must promptly notify (A) authorities
and BER in the event of theft or accident, and (B) BER if any of the above conditions are breached or found
incorrect .
8. Use of Equipment . ltem(s) are potentially dangerous and must be fueled, charged, serviced, and used
with care, only by trained, qualified, adult users. Customer will ensure all such individuals receive necessary
training and use each item safely, only: (a)for its intended use; (b)within rated capacity; (c) at the Site
(unless BER agrees otherwise); (d) by qualified, certified adults; and (e) in compliance with this Contract, all
Instructions, and applicable warranties/insurance. Customer shall not, and shall not permit others to: (i) use
handheld devices while operating ltems; (ii) operate under the influence of intoxicants (including alcohol and
cannabis); (iii)abuse, misuse, conceal, store with third parties, repair, or damage ltems; (iv) violate
instructions, insurance, or warranties; (v) expose ltems to hazardous substances or conditions; (vi) disable or
bypass safety devices; or (vii) take or control any item without BER's written consent.
g. Care of Equipment. Customeragreesto properly protect, maintain, and store each ltem, keeping it
secured when not in use, and to return it on time, complete (including original batteries, cords, attachments,
and peripherals), clean, uncontaminated, fully serviced, and in good condition - with full fuel, and/or charge if
applicable. lf not, Customer will promptly pay, in addition to any payments specified on Page 1, the following:
(a) Rent at BER's highest incremental rate until the ltem is returned or replaced; (b) any cleaning or repair
fees charged by BER; and (c)all related costs BER incurs.
10. Malfunctions. lf any ltem is damaged, defective, or breaks down ("Malfunction"), Customer (and all
users) must stop using it immediately, notify BER, and return it. lf the Malfunction was not caused by
Customer's breach, negligence, or misuse, BER may, at its option: (i) repair it, (ii) provide a comparable
replacement, or (iii) cancel the Contract for that ltem and refund unused Rent. These are Customer's sole
remedies. BER disclaims all other liability for Malfuiictions, and Customer waives all other claims, including
incidental, consequential, or punitive damages.
11. Title. Except for ltems rented by BER from thilb parties and re-rented to Customer ("Re-Rented ltems "),
BER owns and retains title to all ltems. Customer has exclusive control of the ltems during the Term, subject
to full and timely compliance with this contract. Customer shall not: (a) allow any lien, claim, security interest,
or encumbrance on any ltem; (b) acquire ,ny o*n"rlhip interest in any ltem; or (c) loan, share, sublease,
store, transfer, assign, or surrender any ltem or this Contract without BER 's prior written consent (at BER 's
sole discretion). BER may substitute ltems or sell or assign any interest in the ltems or this Contract, in which
case Customer will attorn to the assignee, who assumes no prior obligations or liabilities of BER.
12. Monitoring . BER may, without notice or liability to Customer, monitor and/or inspect, in person and/or
electronically (including via Telematics/GPS systemg) ltem(s) at any time. Customer consents thereto and
agrees that all information thereby obtained will be BER 's property. Anything remaining with, in or on any ltem
upon return will, at BER's option, be deemed abandoned.
13. lndemnity. Customershall indemnify, defend, and hold harmless BERand itsofficers, members,
directors, managers, employees, agents, affiliates, successors, and permitted assigns (collectively,
"lndemnified Party ") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable
attorneys' fees, fees and the costs of enforcing any right to indemnification under this Contract, and the cost
of pursuing any insurance providers, arising out of or resulting from any claim of a third party arising out of or
occurring in connection with the ltems or Customer's negligence, willful misconduct, or breach of this
Contract. Customer shall not enter into any settlement without BER 's prior written consent. Customer
assumes all risk of personaland bodily injury, electric shock, illness, products liability, loss, theft, damage, and
contamination of, to, and/or arising in connection with, the ltems referenced in this Contract.
14. Disclaimer of Warranties . EXCEPT AS SET FORTH HEREIN , BER MAKES NO
REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE ITEMS, AND HEREBY
DISCLAIMS ALL WARRANTIES OF EVERY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANry OF FITNESS FOR PARTICULAR
PU RPOSE AND M ERCHANTABILITY.
15. Limitation of Liability. lN NO EVENT SHALL (BER'S) AGGREGATE LIABILITY ARISING OUT OF
OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
coNTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWTSE, EXCEED THE AGGREGATE
AMOUNTS PAID OR PAYABLE TO BER PURSUANT TO THIS CONTRACT.
l6.DefaultsandRemedies.Thisisa"net"rental,andCustomer'sobligationsareunconditional. lf
Customer: (a)fails to timely pay, perform, or comply with any obligation under this Contract; (b) provides
incorrect or misleading information; (c) becomes insolvent; (d)dies or ceases business operations; or (e) if
any ltem is lost or, except as covered by LDW in Section 5, damaged, Customer will be in DEFAULT. ln the
event of a default, HRL may, with or without notice or legal process (and without liability to Customer), to the
fullest extent allowed by law: (i) cancel the Term or Contract; (ii) seek relief from stay; (iii) recover, lock,
restrict, or disable any ltem, without being liable for damage or injury, including to crops or wildlife (for which
Customer will indemnify BER); (iv) perform Customer's obligations on their behalf; (v) purchase a
replacement ltem; or (vi) recover damages, costs, and losses from Customer or any guarantor, including Rent
for the remaining Term, replacement costs, interest, attorney fees, and collection costs. Customer
acknowledges that these damages are reasonable in light of the potential harm from breach.
17. Governing Law: The parties agree that this transaction shall be governed by, and this Agreement shall
be construed and enforced in accordance with, the laws of the State of Wisconsin
18. Venue, Arbitration, Jury Trial. lf legal action is commenced in connection with this Contract, BER will
be entitled to recover BER's associated costs and expenses (including without limitation, attorneys' fees)frorn
Customer if BER prevails. Disputes arising in connection with this Contract shall, at BER's option, be
submitted to binding arbitration in accordance with the Rules of the American Arbitration Association before a
single arbitrator and in a location selected by BER. Judgment on the arbitrator's award shall be final and
binding and may be entered in any court of competent jurisdiction. Proper venue for all other civil legal
actions commenced in connection herewith shall lie solely and exclusively in the federal state, and local
courts located in Marathon County, Wisconsin. Customer hereby waives Customer's: (a) right(s), if any, to
participate in any class, collective or other joint action against BER; and (b) right to trial by jury.
19. Entire Agreement. This Contract represents the entire agreement between Customer and BER,
superseding all other agreements and representations and cannot othenrvise be amended or extended except
in writing signed by BER. There are no third-party beneficiaries hereto other than the applicable lndemnified
Parties.