Last Updated as of January 1, 2025
Version 2025.1
1. TERMS AND CONDITIONS. LiftOne’s Standard Rental Terms and Conditions (this “Agreement”) are for the rental of the vehicles and equipment and related services described in this Agreement including any parts and attachments and accessories to such vehicles or equipment (“Equipment”). This Agreement is between the customer (“Renter) and LiftOne LLC (“Company” or “LiftOne”). This Agreement is solely for the purpose of creating a rental transaction between Renter and Company, which allows Renter to use the Equipment as permitted by this Agreement.
2. TERM. This term for this Agreement shall commence on the date that is executed by both Renter and Company and shall terminate on the date Equipment is returned to Company’s branch location from which the Equipment was rented and all amounts owing under the Agreement to Company are paid in full unless earlier terminated by Company as provided in this Agreement.
3. RENTAL CHARGES. Renter will pay Company on demand at the Company branch from which the Equipment was rented, all rental, time, mileage, service, transportation, refueling service charge, and other charges and sums provided in this Agreement, all sales and use taxes, privilege and/or rental taxes, or tax reimbursement imposed with respect to the Equipment and this Agreement, and all expenses, including attorney’s fees and fees incurred in the collections of any obligations under this Agreement. Notwithstanding anything contained herein or otherwise, Company reserves the right to change the rental unit list and/or net pricing due to market conditions, manufacturer pricing, and/or availability. The period for which the rent is due shall begin when the Equipment leaves the Company’s premises and shall end when the Company acknowledges the return of the Equipment. Acceptance of any Equipment by Company shall not relieve Renter of any of its obligations under this Agreement. The period for which rent is due shall begin when the Equipment leaves Company premises and shall terminate when return of the Equipment is accepted by Company. All rentals of Equipment for more than 3 days but not more than one week shall incur the full weekly rental charge. All rentals of Equipment for more than three weeks but not more than four weeks shall incur the full 4-week rental charge. The basic daily, weekly and 4-week rental will entitle the Renter to “Normal Use” defined as 8 hours per day, 40 hours per week, and 160 hours per month. Renter will be billed “Excessive Use” for hours incurred beyond Normal Use. Dates of delivery and return are counted as full rental days. Use in excess of one shift will be payable at the overtime rate set forth on the Rental Agreement. All charges are subject to audit by Company. Company shall have a lien as allowed by law for unpaid charges incurred hereunder upon the premises and improvements upon which the Equipment is employed. Rentals are F.O.B. the Company Branch unless otherwise agreed. Shipping charges to the Renter’s destination and return and all loading, unloading, assembling and dismantling will be paid by Renter. All rates for rentals in excess of 4 weeks are subject to change on 30 days’ notice in writing to the Renter with respect to any portion of the rental period remaining. Renter and any person to whom, with Company’s consent, Renter expressly directs the charges incurred under this Agreement to be billed are jointly and severally responsible for payment of all charges. Equipment returned in less than satisfactory condition will continue to require rent payment until Company is satisfied with Equipment condition. Rent is payable in advance. Rent is due regardless of Renter’s dispute or Renter’s loss of use of Equipment and will be paid regardless of any set-off, counterclaim or recoupment. Renter will pay Company’s transportation charges. Company may repossess Equipment at any time. Renter acknowledges that a refueling service charge (“Refueling Service Charge”) will be applied to all Equipment not returned with a full tank of fuel. The exact cost of the Refueling Service Charge may vary depending on the rate being charged by the Company Branch on the date Renter returns the Equipment. Renter acknowledges that the Refueling Service Charge is not a retail sale of fuel. Renter may avoid the Refueling Service Charge if Renter returns the Equipment with full fuel tank(s).
4. OTHER CHARGES and COLLECTION. Renter may be charged a reasonable fee for any returned check, any cleaning required to restore any returned Equipment to its condition when it left Company’s premises and each unreturned key to the Equipment. Interest shall accrue daily at an amount equal to one and one-half percent (1.5%) per month on any overdue unpaid balance and be added to the unpaid balance. All payments to Company on Renter’s account shall be applied first to all accrued interest, second to all past due amounts in order of their maturity, and finally to all other amounts due Company. If Company uses an attorney to enforce any section of this Agreement, Renter will be responsible for reimbursing Company for reasonable attorney fees as well as any ancillary court fees.
5. LIMITATION OF LIABILITY and DISCLAIMER OF WARRANTY. Renter hereby acknowledges that it has inspected the Equipment and found it in good working order and accepted delivery of the Equipment “AS-IS.” COMPANY SHALL NOT BE LIABLE TO RENTER FOR, AND RENTER HEREBY WAIVES AND AGREES NOT TO ASSERT ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY CLAIMS, DEMANDS, OR LIABILITIES FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION CLAIMS, DEMANDS OR LIABILITIES ARISING OUT OF, OR RELATING TO, COMPANY’S NEGLIGENCE. If for any reason, Company is unable to provide the Equipment to Renter, Company, at its option, may terminate this Agreement entirely or as to the Equipment that Company is unable to supply and Company shall have no further obligation to Renter with respect thereto. THE MAXIMUM LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES UNDER THIS AGREEMENT (REGARDLESS OF WHETHER A CLAIM IS BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID TO COMPANY BY RENTER UNDER THIS AGREEMENT FOR THE EQUIPMENT INVOLVED IN THE LOSS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED: (A) AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT; (B) AS TO THE MATERIAL OR WORKMANSHIP IN THE EQUIPMENT: OR (C) AS TO MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE.
6. INDEMNIFICATION. Renter shall indemnify, defend, and hold Company, and its affiliated companies and their officers, agents and employees, harmless from and against all claims, demands, costs, attorney’s fees, liabilities and obligations however arising or incurred, or relating to, damage to property, use, operation, custody or control (or lack thereof) of the Equipment, including, but not limited to, all personal injury or death of any person, and property damage and loss claims of any employee or agent of Renter or any other person or entity, contamination or alleged contamination, or violation of law or regulation caused by or connected with Renter’s (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY RENTER OR ANY THIRD PARTY THAT RENTER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. Renter shall give Company verbal and written notice of all damage to or loss or destruction of the Equipment and all personal injury and property damage claims arising out of or relating to use, possession or control of the Equipment during the term of this Agreement promptly (and in any event within 24 hours) after Renter has notice of same. Renter also agrees to waive its workers’ compensation immunity, to the extent applicable. Renter’s indemnify obligations shall survive the expiration or termination of this Agreement. All of Renter’s indemnification obligations under this paragraph shall be joint and several.
7. RISK OF LOSS. Renter shall have the exclusive possession, control, and use of the Equipment during the term of this Agreement and shall assume complete responsibility of the operation of the Equipment during the term of this Agreement. Renter bears all risk of loss of, damage to, or destruction of Equipment regardless of cause whether or not in Renter’s care, custody or control, and whether or not due to fault of Renter, including, but not limited to: fire, flood, storm, theft, vandalism, comprehensive loss, malicious mischief, collision, rollover, Acts of God, Acts of War or Terrorism or other casualty including personal injury, death, rental charges, theft, losses, damages and destruction, including Renter transportation, loading and unloading will be the sole responsibility of Renter and the amount of such loss or damage will be paid to Company promptly upon Renter’s receipt of an invoice therefore. Such responsibility is limited to the full value of the Equipment at the time it was lost or damaged, less its salvage value, plus an administrative fee and Company’s expenses, including loss of use, appraisal fees or recovery costs. Renter assumes sole responsibility for Equipment use, possession and control. If Equipment is damaged or destroyed, Renter, at Company’s option, shall immediately: (a) repair the Equipment, (b) replace Equipment with like equipment in good condition with free and clear title, or (c) pay Company fair market value for the Equipment. Rent requirement will continue until obligation is fulfilled. THE COST OF LABOR FOR SUCH REPAIRS WILL BE EITHER COMPANY’S THEN PREVAILING HOURLY RATE FOR LABOR OR THE REPAIRER’S HOURLY RATE FOR LABOR CHARGE TO COMPANY FOR SUCH REPAIRS AS THE CASE MAY BE. Except as expressly provided in Paragraph 10 and then only to the extent applicable, Company reserves all rights to seek all remedies available, including, but not limited to, filing suit for any damage or loss to the Equipment. Any deductible, retention or self-insurance on the required insurance will be the full responsibility of the Renter.
8. INSURANCE. Renter is to maintain the following insurance and shall comply with the requirements of 49 CFR 387: (a) all-risk physical damage insurance for rented equipment, (b) commercial general liability (“CGL”) insurance with a single limit for bodily injury, death and property damage of at least $1,000,000 per occurrence, on a primary basis and not on an excess or contributory basis with Company insurance, for Renter’s liability for property damage, damages or injuries, including death, sustained by any person, including, but not limited to, agents or employees of Renter, as a result of the maintenance, use, operation, possession, storage, erection, dismantling, servicing or transportation of Equipment, (c) automobile liability insurance, (d) workers’ compensation insurance, (e) employers’ liability insurance, (f) property insurance in the amount of replacement cost value of the Equipment to cover any damages to, or loss of, the Equipment, including but not limited to damage from collision, non-collision events such as theft, vandalism, natural disasters, falling objects, and animal collisions, and it will provide that Renter’s employees and authorized operators are insureds) and it is the Renter’s responsibility and the responsibility of any Authorized Operators to provide automobile liability insurance on a primary basis and not on an excess or contributory basis with Company insurance arising from the Renters and/or any Authorized Operators use or possession of a motor vehicle. Any liability and automobile insurance held by Company will not extend to Renter and/or any Authorized Operators unless otherwise required by law and (g) in the event the rental includes motor vehicle(s), business automobile liability insurance for the rental motor vehicle(s) (such policy shall include a combined single limit of liability of at least $2,000,000 per claim for bodily injury and property damage and will provide that Renter’s employees are insured) and it is the Renter’s responsibility and the responsibility of any Authorized Operator to provide primary insurance for liability arising from the use or possession of a motor vehicle. Any liability and automobile insurance held by Company will be excess to insurance held by the Renter and/or any Authorized Operator unless otherwise required by law. Any deductible, retention or self-insurance on the required insurance will be the full responsibility of the Renter. Renter agrees to abide by all terms and conditions of said insurance. Renter, its agents and employees will cooperate fully with Company and Renter’s insurer in any investigation, prosecution or defense of any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. Company’s acceptance of Renter’s Certificate of Insurance will not be deemed a waiver, limitation or modification of Renter’s insurance, indemnity or other obligations under this Agreement or Renter’s liability hereunder. Amount of all-risk physical damage insurance shall not be less than the greater of full replacement value or original cost of the Equipment. Such physical damage, commercial general liability and workers compensation insurance shall contain a waiver of subrogation clause in favor of Company. Each physical damage policy will name Company as Loss Payee. The CGL insurance policy and auto liability policy will name Company as additional insured. Each insurance policy covering Renter will require the insurer to give Company at least 30 days prior written notice of any alteration in or cancellation of the terms of such policy and require that Company’s interest continue to be insured regardless of any breach or violation by Renter or others of any warranties, declarations or conditions contained in such insurance policy. Renter shall provide a certificate of insurance or other evidence of coverage deemed satisfactory by Company showing that such coverage is in effect, but Company shall have no duty to ascertain or confirm the existence, sufficiency or adequacy of such insurance. Renter’s insurance shall be primary in all cases without any right of contribution from insurance which may be maintained by Company. Renter will be liable for all deductible portions of required insurance coverage. The proceeds of physical damage insurance, at the option of Company, shall be applied (a) toward the replacement, restoration, or repair of Equipment, or (b) toward payment of the obligations of Renter hereunder. Renter hereby appoints Company as Renter’s attorney-in-fact to make claim for, receive payment of, and execute and endorse all documents, checks or drafts for loss or damage under any insurance policy required hereunder. If Renter does not obtain or maintain any of the policies aforementioned, then Company, at its sole discretion, may obtain and maintain such policies and Renter shall reimburse Company immediately for all premiums and/or other costs incurred by Company to acquire the required insurance. To the fullest extent provided by law, Renter and all Authorized Operators will indemnify and hold Company, its agents, and employees harmless from and against any loss, liability and expense beyond the scope of the protection provided for above, arising from the use or possession of the motor vehicle by Renter or any operators with or without Renter’s or any Authorized Operator’s permission. Renter will be responsible to use only drivers that have a valid driver license, are licensed to operate the Equipment, meet the Department of Transportation (“DOT”) minimum driver criteria standards, and have a Commercial Driver’s License (“CDL”) if required by the DOT driver standards to operate the Equipment.
9. RENTER RESPONSIBILITY. Renter shall carry a copy of this Agreement within the Equipment during the term of this Agreement. Renter must return the Equipment to Company in the same good and clean condition it was in when Renter received Equipment. Unless Company is advised within 24 hours of initial delivery or Renter pickup, Equipment will be deemed to have an operator’s manual and/or ignition key. Renter shall reimburse Company for the cost of replacement of the operator’s manual and/or ignition key if either is discovered missing upon return of the Equipment to Company. Only Renter and Renter’s employees (“Authorized Operator”) may operate the Equipment, and the Equipment will be used solely in the ordinary course of Renter’s business and in compliance with (a) manufacturer’s instructions within its rated capacity; (b) all applicable federal, state and local laws and regulations; and (c) all applicable OSHA, federal and state safety laws, including but not limited to any laws requiring operator training and certification with respect to use of the Equipment. All Authorized Operators shall be of legal age to operate the Equipment, be properly qualified and trained to operate the Equipment, and have a valid operator’s license with respect to the Equipment where required by law. Renter is solely responsible for determining that the Authorized Operators have met the requirements of this Section and are properly qualified and trained to use the Equipment prior to operating the Equipment. Renter is solely responsible for limiting the use of the Equipment to Authorized Operators meeting the requirements of this Section and for the acts and omissions of any person that operates, uses, stores or moves the Equipment regardless of whether that person is an Authorized Operator. If the Equipment is used in a manner that would constitute a breach of this paragraph, or in violation of this agreement, or it is obtained from Company by fraud or misrepresentation, or is used to further any illegal purpose, all such use of the Equipment is without Company’s permission. Renter shall permit operation of Equipment only by competent and properly trained employees of Renter. Renter shall not permit overloading of the equipment beyond its capacity. Renter shall not allow Equipment to be used to push or pull static loads. Renter shall not permit Equipment to be used in any manner subjecting it to adverse environmental conditions, including but not limited to fire, corrosion, radiation, water, excessive heat or unsuitable floor or ground conditions. Renter shall not permit Equipment to be lifted by a crane or, unless the rental includes motor vehicle(s), be operated on a public street. Renter will perform, or cause to be performed and pay for, all normal periodic and other basic maintenance services, adjustments and lubrication of Equipment including, but not limited to: providing appropriate fuel for the Equipment type, oil and any other consumables required to keep Equipment in proper working order; check Equipment before each shift; check and maintain crankcase, transmission, cooling and fluid systems daily and check tire pressure and battery fluid and charge levels weekly. Renter is to make daily checks of Equipment, as recommended in the operator’s manual, and report faults to Company and not allow Equipment to be used until the faults have been corrected by Company or Renter. Daily checks are to include oil, electrolyte, battery acid levels and coolant levels. Renter is to keep Equipment clean. Renter is to recharge batteries in accordance with manufacturer’s recommendation. Renter is to ensure pneumatic tires have manufacturer’s recommended air pressure. Renter is to ensure that the operator’s manual is carried in the equipment and has been read by employees who operate Equipment. Renter shall be responsible for the maintenance or replacement of any tires on Equipment. Renter shall keep any engine hour meter or similar device on Equipment attached and operating and shall promptly inform Company of any malfunction of any such device. If Company is called to Renter’s premises to repair or service Equipment, the Renter will provide a suitable well lighted, heated and ventilated area where Company’s employees may service and repair Equipment. Renter is not to make any alterations, additions or improvements to Equipment. Any alterations, additions or improvements made by Renter become property of Company. Company shall have the immediate right, but not obligation, to reclaim any Equipment involved in any incident. Upon Equipment return, Renter shall return all, and the same, LP tanks to Company as were provided to Renter by Company. Renter acknowledges that it must confirm receipt of Equipment by Company at the expiration or earlier termination of the Agreement. Until Company takes physical possession of Equipment, Renter agrees to hold said Equipment in a safe and secure manner. In the event of an accident, loss of, theft of, or damage to, spill or leak of hazardous materials from, the Equipment, Renter agrees to notify Company within one (1) hour of any incident by telephone, and in any event within seventy-two (72) hours of the incident, report in writing to Company all information deemed by Company to be relevant to the incident and, thereafter, to immediately report in writing to Company and to the public authorities (where required by law or Company) all necessary information relating to the loss or action. Renter will cause its employees, agents, and representatives to fully and timely cooperate with Company and any applicable law enforcement authorities in the investigation and prosecution of any matter relating to any loss or damage of the Equipment, including, but not limited to, providing such statements, documents, or other information as may be requested. ALL USE OF THE EQUIPMENT IN ANY MANNER THAT WOULD CONSTITUTE A BREACH OF THIS PARAGRAPH, OR IN VIOLATION OF THIS AGREEMENT, OR IF IT IS OBTAINED FROM COMPANY BY FRAUD OR MISREPRESENTATION, OR IF IT IS USED TO FURTHER ANY ILLEGAL PURPOSE IS WITHOUT COMPANY’S PERMISSION.
10. RENTER DOT NUMBER. In the event the rental includes motor vehicle(s), Renter shall display Renter’s legal trade name and Renter’s DOT Number on the Equipment during the term of this Agreement.
11. LOCATION OF EQUIPMENT and RIGHT TO INSPECT. Unless otherwise agreed prior to moving Equipment, Renter shall keep Equipment only at the location(s) identified on the Agreement or the Release/Receiving Form. Under no circumstances is equipment to be transferred across State lines without prior consent of Company. Company reserves the right to inspect Equipment at all reasonable times wherever Equipment may be located.
12. TITLE and ASSIGNMENT. Title to Equipment remains with Company. Renter may not reassign Agreement without prior written consent of Company. Renter may not transfer, pledge or assign this Agreement, the Equipment or any interest in either without prior written consent of Company. Company shall have the right to assign this Agreement or any interest therein without the consent of, and/or notice to, Renter.
13. TAXES and FEES. Renter is responsible for all applicable license fees, registration fees, and all taxes, including, but not limited to, fuel taxes, sales and use taxes, privilege taxes, and rental taxes, tolls and ferries, as well as assessments and charges relating to use, possession or control of Equipment except taxes on, or measured by, Company’s income. Without limiting the foregoing, Renter is responsible for registration, reporting, and payment of all applicable motor fuel taxes, including, if applicable, compliance with the requirements of the International Fuel Tax Agreement (IFTA). Any failure on the part of Renter to comply with all tax requirements and pay sums due may result in Company making required payments and Renter shall immediately reimburse Company for all sums paid. If applicable, Renter shall provide the Company with a copy of Renter’s IFTA fuel tax license which shall be valid during the term of this Agreement.
14. DEFAULT BY RENTER. The occurrence of any of the following shall constitute an event of default by Renter under this Agreement and any/all other agreements between Company and Renter: (a) Renter’s failure to pay rent or any other sum of money as and when due under this Agreement or any other agreement with Company; (b) Renter’s breach of any of its obligations or its representations in this Agreement or any other agreement with Company, which if capable of being cured, is not cured within 5 days after Company gives Renter written notice of the breach; (c) Renter becomes insolvent or ceases to do business as a going concern, of if a petition in bankruptcy is filed by or against Renter; (d) Renter obtains Equipment from Company through fraud or misrepresentation; (e) Renter stores or uses the Equipment in violation of any law or ordinance including without limitation, any local state or federal law or regulation involved hazardous materials including DOT Hazardous Materials as set forth in 49 C.F.R. 171-180; (f) Renter uses or stores the Equipment in a negligent or abusive manner; or (g) Renter uses or stores the Equipment in any manner for which the Equipment was not designed or beyond the manufacturer’s rated capacity for the Equipment. Upon the occurrence of an event of default by Renter under this Agreement and in addition to any other rights and remedies that Company may have, Company shall have the right, at its option, to take one or more of the following actions: (i) terminate this Agreement immediately without notice to or demand on Renter; (ii) require Renter to assemble the Equipment deliver it to the Company branch location from which it was rented at Renter’s expense; (iii) retake possession of the Equipment without notice to, or demand of, Renter where Equipment shall be located without any court order or other process of law (Renter hereby waives all claims, demands and liabilities that may arise from any such repossession); (iv) collect from Renter all sums due for the full term of this Agreement without prejudice to its right to terminate this Agreement, including reasonable costs of collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein; and (v) pursue any other right or remedy at law or in equity. Company shall not be liable due to seizure of Equipment by order of governmental authority.
15. REMEDIES CUMULATIVE; NON-WAIVER. No remedy under this Agreement or otherwise conferred upon or reserved to Company shall be considered exclusive of any other remedy, but the same shall be distinct, separate and cumulative and shall be in addition to every other remedy or right given under this Agreement or now or hereafter existing at law or in equity. Every power and remedy given by this Agreement to Company may be exercised severally, concurrently or in any combination from time to time as often as occasion may arise or as Company may deem expedient. No delay or omission of Company to exercise any right or power arising from any default on the part of Renter shall impair any such right or power or shall be construed to be a waiver of any such default.
16. NOTICES. Any notice permitted or required under this Agreement shall be deemed given if in writing and delivered personally or deposited in the United States mail, certified, return receipt requested, first class postage prepaid, to the respective address of Company and Renter specified in this Agreement or such other addresses as the receiving party gives the other party written notice.
17. FORCE MAJEURE. Company shall not be liable or responsible to Renter, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond Company’s control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of Company.
18. MISCELLANEOUS. This Agreement may be modified only by an agreement in writing, signed by both parties, expressly purporting to modify this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provision of this Agreement or affect the validity or enforceability of any of the terms or provisions of this Agreement in any jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only as broad as is enforceable. The provisions of this Agreement are severable and the invalidity or enforceability of any one or more of the provisions of this Agreement, or any part thereof, shall not affect the validity or enforceability of any other provision. This Agreement shall be binding upon, and shall inure for the benefit of, the parties and their respective successors and permitted assigns. This Agreement and any controversy relating hereto shall be governed by and construed in accordance with the laws of the State of North Carolina. Renter consents to the jurisdiction of the courts of North Carolina and specifically consents to venue in Mecklenburg County, North Carolina, any action or proceeding that might occur with respect to this Agreement. Nothing in this Agreement or the activities contemplated by the parties hereunder shall be deemed to create an agency, partnership, employment or joint venture relationship between the parties. Each party hereby waives and releases all right to trial by jury in any action, proceeding or counterclaim brought by either party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities). Renter agrees that any legal dispute arising under or relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any claim or proceeding brought by Renter may not be consolidated with any claim or proceeding brought by any other person. Renter shall not sue Company as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Company to the extent Renter’s role in such class action would be predicated upon this Agreement or its relationship with Company hereunder. For avoidance of doubt, nothing in this Section limits Renter’s right to bring any claim or proceeding as an individual plaintiff. Renter acknowledges that it has had equal opportunity to review and negotiate the Agreement, including to obtain its own counsel to advise it regarding this Agreement, prior to entering into the Agreement. Accordingly, Renter acknowledges and agrees that any principle that ambiguities in a contract should be interpreted against the drafter of the contract shall not apply to the Agreement but rather the Agreement shall be construed as if equally drafted by both parties.
19. CONTRACT DOCUMENTS. The agreement between the parties hereto includes the written contract, proposal or quote submitted by Company and accepted by Renter, the Rental Agreement, and this Agreement, and the delivery & release forms prepared by Company and delivered to the Renter (collectively, the “Contract Documents”). Any terms and conditions set forth in Renter documents which are inconsistent with the Contract Documents are not accepted by Company unless specifically acknowledged and accepted in writing. This Agreement is published on LiftOne’s website (www.liftone.net/rental-terms) and may be updated or amended from time to time. The Agreement in effect at the time of each delivery shall be those on the website at the time of such delivery.
