SERVICES RENDERED: PEKLO Portables LLC (Company) agrees to furnish the Portable Restroom equipment for the rental and servicing.

BINDING EFFECT: This Agreement is a legally binding contract on both the part of PEKLO Portables LLC and Customer and their respective heirs, successors, and assignees in accordance with the terms and conditions put forth herein.

RESTROOM TRAILER AND PORTABLE RESTROOM UNIT RENTAL: This agreement shall include the rental of a restroom trailer or other portable restroom, along with the collection and disposal of waste, replenishment of supplies as applicable to rental and the cleaning of the interiors. Restroom trailer and/or portable restroom shall be clean and ready for use by Customer prior to departure of Company. Customer acknowledges that in order to provide service, the unit must remain clear of debris and any other materials. PEKLO Portables LLC must be able to access the unit for servicing and/or removal at all times. If the restroom trailer or portable restroom is not accessible on service day, the restroom will not be serviced again until the next scheduled service day. Only human waste is permitted in the toilet. No garbage, hazardous waste, infectious waste, or toxic materials of any kind are permitted to be disposed of in the toilet. PEKLO Portables LLC reserves the right to remove the unit from a site that is not in compliance. No refunds will be given for days not used for non-compliant toilets. Customer agrees to notify Company of any damage to equipment as soon as it is observed so that Proper repairs may be made to ensure serviceability and safety. Customer accepts full responsibility for all damages to Company property due to fire, theft or vandalism and agrees to pay reasonable costs of repair and/or replacement of the equipment or its components. The Customer shall have a representative present at the time of delivery unless alternative arrangements have been agreed upon prior to delivery. The Customer shall inspect the unit(s) immediately upon delivery. If the customer objects to the condition of the unit(s) prior to any use, they must notify the Company immediately.

DEPOSIT AND RESERVATIONS: Reservations are made on a first come first serve basis.

PAYMENT: Upon entering into this agreement: Unless otherwise agreed, the customer shall make PAYMENT IN ADVANCE for all quoted service, by either Check, Cash, or Major Credit Card. Company reserves the right to charge credit card transaction fees. The customer further agrees to pay any and all additional charges, such as additional rental fees, damages, failure to deliver, or any costs as a result of damage to company equipment from customer negligence, or from removal of hazardous or prohibited material. Customer’s that pay by credit card and incur additional fees will have the credit card charged for those fees. In the event Customer fails to perform its obligation to remit payment, and payment is collected through an attorney, collection agency or other proceedings, then Customer agrees to pay in addition to the amount due, reasonable attorney’s fees, court costs, interests and other applicable fees.

DELIVERY OF EQUIPMENT: Company shall have no liability for failure or delay in delivery or failure to notify Customer of any delay or non-delivery. Company is not responsible for Customer’s failure to designate unit placement at delivery. If unit is set in an undesired area because Customer failed to designate placement area and Company is asked to return, Company reserves the right to charge additional fees. Relocation of the unit will be performed at Company’s earliest convenience. Customer agrees not to remove units from site or permit the units to be removed from the site without PEKLO Portables LLC expressed written consent. Company will not set up in severe weather such as but not limited to snow, ice, freezing temperatures, high winds, etc. If there is a threat of damage to Company equipment or bodily injury, Company reserves the right to pick up equipment at any time without notice.

SITE MOVE: Do not move restroom trailers or portable restrooms. You will be responsible for any damage caused by moving the toilet. Please contact Company to move a unit to a new location. Scheduling a toilet move will incur a new rental fee.

COMPLIANCE WITH LAWS AND USE OF EQUIPMENT: Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner. Customer acknowledges that Company has no physical control over the use of the equipment. Customer agrees at his/her sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations (including O.S.H.A.) which may apply to the use of the equipment during the rental period. Customer agrees to not allow any person to use the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without Company’s written permission, or, allow a lien to be placed upon the equipment. Customer acknowledges Company has no responsibility to inspect the equipment while it is in Customer’s possession, unless prior arrangements have been made. If equipment becomes unsafe or requires repair, Customer shall discontinue using it, and notify Company immediately. Customer agrees not to sublet, loan or assign the equipment. Customer shall not attach any materials to PEKLO Portables LLC equipment (adhesives, posters, staples, mesh..etc) without the written permission of Company.

RETURN OF EQUIPMENT: Company will remove restroom trailer or portable restroom at agreed upon date/time with Customer. Customer agrees to return the equipment rented in as good of condition as when received with the exception of normal wear and tear.

LIMITATION OF LIABILITY: PEKLO Portables LLC shall not be liable for damage to pavements, lawn, soil, driveways or other surfaces resulting from placement or servicing of restroom trailers, nor for any damages incurred while executing Customer’s directions. Company will not be responsible for damage done to pavements, culverts, lawn, soil, driveways or other surfaces due to its equipment traveling on customer property, nor will Company be responsible for damage done to pavements, culverts, lawn, soil, driveways or other surfaces on property or easements leading to or from the location at which the service is performed. In no event shall PEKLO Portables LLC, its members, managers, employees, agents, attorneys, insurers, affiliates, successors, or assigns be liable for: i) any claim, loss, damage or expense of any kind (including strict liability in tort) arising out of or related to the ownership, selection, possession, lease, operation, control, use, maintenance, delivery or return of the equipment; ii) incidental, indirect, special or consequential damages (including loss of profits or production), whether suffered by Customer or any third party, no matter the cause; or, iii) any amount in excess of the amount Company receives from Customer as payment under this Agreement. Customer has custody and control of equipment owned by Company and accepts responsibility and liabilities for the use of the equipment and its contents. THEREFORE, THE CUSTOMER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PEKLO Portables LLC FROM AND AGAINST ANY AND ALL CLAIMS FOR LOSS OF OR DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF PERSON OR PERSONS RESULTING FROM OR ARISING IN ANY MANNER OUT OF CUSTOMER’S USE OF THE EQUIPMENT FURNISHED UNDER THIS AGREEMENT.

DAMAGE TO UNIT: Customer agrees to return all equipment furnished under this Agreement to Company in the same condition as delivered, subject only to normal wear and tear. Customer shall bear the risk of loss and damage to equipment. In the event of damage, Customer shall pay the lesser of (a) the cost or repair, or (b) the cost of replacement. No loss or damage to equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement.

RETURNED CHECK POLICY: There will be a set fee of $75.00 for any payment received by Michigan Luxury Restroom Rentals LLC that is deemed insufficient funds.