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Rental Contract

  1. 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. Delivery and Pickup. lf BER agrees to deliver or retrieve an item, Customer agrees to: (a) keep the Site

    clean, safe, and secure; (b) pay all applicable 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 the pickup/dropoff,

    including condition and quantity of ltems.

    6. 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 .

    7. 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.

    8. Care of Equipment. Customer agrees to properly protect, maintain, and store each item, 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.

    9. 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.

    10. 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.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15.Defaults and Remedies. This is a"net"rental, and Customer's obligations are unconditional. 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.

    16. 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

    17. 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) from

    Customer if BER prevails. Disputes arising in connection with this Contract shall, at BER's option, be

    brought exclusively in Marathon County, Wisconsin Small Claims Court, provided the matter falls within that court's

    jurisdictional limits. For any dispute that cannot be filed in small claims court, the parties agree to resolve the

    matter through binding arbitration administered by the American Arbitration Association (AAA) under its

    Commercial Arbitration Rules, before a single arbitrator, with the arbitration held in Marathon County, Wisconsin.

    Judgment on the arbitrator's award shall be final and binding and may be entered in any court of competent jurisdiction.

    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.

    18. Entire Agreement. This Contract represents the entire agreement between Customer and BER,

    superseding all other agreements and representations and cannot otherwise be amended or extended except

    in writing signed by BER. There are no third-party beneficiaries hereto other than the applicable Indemnified

    Parties.