1. USE OF THE ITEM(S)                      

You agree that you are satisfied with the instruction given by Blacks Fork Equipment Rentals LLC in the proper and safe manner of using the item(s) or that you are so familiar and told Blacks Fork Equipment Rentals LLC that you were. You further agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) was manufactured and intended. Subleasing or improper use is prohibited. You have read and understood all manuals, written operating instructions and warnings as supplied for the equipment.

2. RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIES

You are responsible for the use of the rented item(s). You assume all risks inherent in the operation and use of the item(s) and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold Blacks Fork Equipment Rentals LLC harmless from, and hereby release Blacks Fork Equipment Rentals LLC from, any and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the item(s), whether or not it be claimed or found that such damage or injury resulted in whole or in part from Blacks Fork Equipment Rentals LLC negligence, from the defective condition of the item(s) or from any cause. YOU AGREE THAT NO WARRANTIES, EXPRESSED OR IMPLIED INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.

3. RESPONSIBILITY FOR EQUIPMENT

From the time the item(s) is rented out until it is returned, you are responsible for it. If the item(s) is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the item(s). If the item(s) is returned not clean, a $50 cleaning charge will be imposed.

4. ITEM(S) FAILURE

You agree immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify Blacks Fork Equipment Rentals LLC of the facts. Blacks Fork Equipment Rentals LLC agrees in its discretion to make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time, or adjust the rental charges. This provision does not relieve you from the obligations imposed by other paragraphs, including 3 and 5. In all events, Blacks Fork Equipment Rentals LLC shall not be responsible for any injury or damage, including consequential damage, resulting from failure or defect of rented item(s).

5. RETURN OF ITEM(S)

The rented item(s) is Blacks Fork Equipment Rentals LLC property and it is rented to you subject to this contract for rental charges and for the period of time noted on the contract. If you desire to extend the term of this rental beyond the time and date specified on the contract you must immediately notify Blacks Fork Equipment Rental LLC to obtain our approval, the terms for such extension and modification of this contract (see paragraph 8). If this agreement has not been extended and you fail to return the item(s) when due in, Blacks Fork Equipment Rentals LLC, to enforce its property ownership of the item(s) and to protect its interest under this contract, may retake the item(s) at any time and to do so Blacks Fork Equipment Rentals LLC or its representatives may enter your property and you hereby waive any right of action against Blacks Fork Equipment Rentals LLC for such entry and retaking. In addition, you acknowledge that the failure to return rented item(s) within the contracted time and the sale or concealment of rented item(s) are prohibited, and that such action may constitute a crime. Blacks Fork Equipment Rentals LLC, in addition to any other action we may take, may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to criminal prosecution. 

6. RESPONSIBLE PARTY

You are responsible for rental charges from the time the item(s) is rented out as stated on this contract until it is returned and other charges here under. Return the item(s) promptly, clean and in good condition. You and your representative, agent, or principal shall be responsible for and shall pay Blacks Fork Equipment Rentals LLC all charges hereunder. All charges are due upon return of the item(s) and on demand. If the rental charges are charged to someone other than the Renter, the Renter represents he/she is the agent of such party and has the right to charge this rental; the Renter nevertheless will remain liable for the charges and for other obligations and responsibilities of the Renter hereunder.

7. COLLECTION COSTS

You agree to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in retaking the rented item(s) or otherwise in enforcing the terms of this contract.

8. MODIFICATION OF CONTRACT

This document represents our entire contract, and there are no collateral, oral, or other agreements outstanding. None of Blacks Fork Equipment Rentals LLC rights may be changed and no extension of the term of this contract may be made except in writing signed by Blacks Fork Equipment Rentals LLC and made a part of this contract.

9. LONG TERM RENTALS

If you rent equipment for more than thirty (days), you will be required to provide all service of the equipment set forth in the owner’s manual that will be provided to you on the day the equipment is rented. This includes, but is not limited to, lubrication and oil changes. If equipment service has been required, you must, when the equipment is returned, provide written receipts evidencing the time and place the service was performed or you will be billed at a reasonable rate for the costs of required service at the time of its return. You will be responsible for all damage to the equipment as a result of your failure to provide service as required.

10. CONDITION OF EQUIPMENT

The undersigned has had full opportunity to inspect the equipment rented and agrees that the only existing damage to the equipment is noted on the attached Equipment Condition Worksheet.

11. Driver's License, Insurance & Age limit

A valid driver's license and proof of insurance will be required when renting out any of our machines and powersports. Blacks Fork Equipment Rentals require all renters to be age 21 or older to rent with us.