1. For good and valuable consideration, you and Platinum Equipment Rental L.L.C, a Utah corporation, (“PER”) agree as follows: As used herein, “Page 1” refers to the first page or “face” of this Contract; “Contract” refers to Page 1 together with these Terms and Conditions of Rental Contract, “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on Page 1 (including any “Instructions” and/or safety equipment provided per the terms of Section 5 below); “Site” means the delivery or use address set forth on Page 1; “Customer,” “Lessee,” “you” and “your” mean the customer or “Lessee” identified on Page 1, and “Lessor,” “we,” “us” and “our” mean PER.

2. You agree to rent from PER, and PER agrees to rent to you, the Rented Item(s) for the period(s) specified on Page 1 (the “Term”). You agree to pay us our stated Rental rate(s) (the “Rent”), together with any other charges accruing hereunder, without proration, reduction, or setoff, until all Rented Item(s) is/are returned to and accepted by PEC in the proper return condition as required under Section 6. Unless otherwise specifically agreed in writing by PEC, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 8 hours per day, 40 hours per week, and 173 hours per 4-week period, and otherwise in accordance with the terms hereof and the “Instructions” described in Section 5. Additional prorated Rent will be charged for late returns and overuse. No allowance will be made for weekends, holidays, time in transit or any other period of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay PER: (i) any deposit and the Estimated Rent specified on Page 1 in advance of the Term (the “Prepayment”); and (ii) any other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to PER; and (iv) all Prepayments are NON-REFUNDABLE unless otherwise agreed by PER. Anything remaining with, in or on any Item(s) upon return will, at our option, be deemed surrendered and abandoned.

3. Except with respect to any Rented Item(s) which PER rents from one or more third parties (each, an “Owner”) and then re-rents to you (“Re-Rented Item(s)”), PER owns and will retain title to all Rented Items at all times. Your only right with respect to such Item(s) (including Re-Rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item. You may not loan, transfer, sublease or assign any Rented Item or this Contract without the prior written consent of PER, and if applicable, the Owner(s) of any Re-Rented Item(s) (a transfer of over 50% of the equity or voting control of Lessee will be deemed a “transfer”). We may transfer, sell and/or assign all or any part of our interests in the Rented Item(s) and/or this Contract, in which event, you will attorn to the recipient, who will not be responsible for any pre-existing obligations or liabilities of PER.

4. If we agree to provide any service(s) (including delivery and/or retrieval of the Item(s)), you will: (a) pay our regular charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. PER will not be responsible for any delay(s) caused by the acts or omissions of any other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to indemnify, defend and hold harmless PER. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of PER’s representatives regarding the same (including status, condition and quantities).

5. Upon the earlier of your receipt, or our delivery to the Site, of the Rented Item(s) unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by PER), carefully examined and inspected by you or your agent(s); and (b) you: (i) have received, read and understood all training, instructions, user manuals, maintenance requirements, and other information, if any (including all familiarization and training) per applicable EPA, OSHA, NFPA, IFC, ASME, ASSE, and/or ANSI Standards regarding the proper and safe transportation, installation, fueling, use, maintenance and storage of such Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including EPA Tier 4 regulations, as applicable); (iii) have been made aware of the need to use all recommended and required safety equipment ; (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give any required notice(s) to, and obtain all necessary licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, local utilities and cable companies, and ensure all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to dig or disturb the ground surface (call 811 or go to www.bluestakes.org) at least 2 full business days in advance; (vi) will immediately cease using any Item that is damaged, breaks down, malfunctions or proves defective (a “Malfunction”); and (vii) will ensure that all other users of any Item(s) comply herewith. You will notify PER immediately if any of the above statements is/are or becomes incorrect.

6. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to PER on time, clean and otherwise in good order, condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and lubricants. If you fail to do so, you will pay to PER: (a) Rent for each succeeding full rental period until all Item(s) have been returned or replaced as required; and (b) all costs and expenses PER may incur in connection with such failure.

7. In the event of a Malfunction, you will immediately notify, and return the Malfunctioning Item(s) to, PER, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of any provision of this Contract by, you or anyone you permit to use or deal with such Item(s), we will, at our option: (a) repair the subject Item; (b) provide you with a comparable Item; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. PER will have no other obligation(s) or liabilities regarding Malfunctions, all of which you hereby waive and relinquish.

8. WARNINGS: AERIAL AND POWERED EQUIPMENT AND TOOLS (INCLUDING HAMMERS, DRILLS, EXCAVATORS, TRENCHERS, AND EQUIPMENT USED FOR LIFTING, LOADING, CUTTING, GRINDING, CHIPPING, DIGGING, TRENCHING, SPRAYING, BREAKING, BLASTING HEATING, BORING AND/OR TOWING) CAN BE DANGEROUS AND SHOULD BE TRANSPORTED, SERVICED, MAINTAINED, REPAIRED AND USED WITH GREAT CARE, ONLY FOR THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED, INSTRUCTED, AND IF APPLICABLE, LICENSED, INDIVIDUALS.

9. PER IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEM(S), all of which are provided “AS-IS”. NEITHER PER NOR ANY OWNER MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR WORKMANLIKE PERFORMANCE) regarding any Item(s) or Service(s) provided hereunder, nor does PER or any Owner make any warranty against INTERFERENCE OR INFRINGEMENT, all of which you hereby waive. No depictions, models, samples, descriptions, specifications, recommendations or advertisements shall be deemed to constitute representations or warranties by PER or any Owner.

10. YOU AGREE TO PROVIDE ANY AND ALL NECESSARY TRAINING, FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO ALL USERS OF THE RENTED ITEM(S), and ensure that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by PER on a case-by-case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED AND/OR LICENSED (AS APPLICABLE) OPERATORS; and (e) otherwise in full compliance with the Instructions as well as all applicable laws, rules and regulations, at all times. You will not, nor will you permit anyone else to: (i) abuse, misuse, overuse, remove, conceal, repair, modify, damage or destroy any Rented Item; (ii) violate any applicable law, policy of insurance or warranty; (iii) expose any Rented Item(s) to any flammable, explosive, noxious, caustic, poisonous, radioactive or otherwise harmful or hazardous substance(s); or (iv) take possession of or exercise control over any Rented Item, without our prior consent (which may be granted, conditioned or withheld in our sole and absolute discretion).

11. INDEMNITY/HOLD HARMLESS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL RENTED ITEM(S) AND SERVICE(S) REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ANY AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR RETAKING OF ANY SUCH ITEM(S) OR SERVICE(S), WHETHER OR NOT YOUR FAULT; AND (B) HEREBY RELEASE AND DISCHARGE PER AND EACH OWNER FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PER AND EACH OWNER, AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OWNERS, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL INJURIES, LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR SERVICES. You waive all rights and remedies available under the Uniform Commercial Code as adopted in Utah, as well as all incidental, consequential, special, exemplary and punitive damages, against PER and each Owner.

12. You agree to maintain all insurance PER deems necessary, including at least: (a) commercial general liability insurance with minimum limits of $1,000,000 per occurrence; (b) “all-risk” or inland marine insurance covering all loss of, and damage to, the Rented Item(s) for the full (new) replacement value thereof; and (c) hired auto physical damage (up to Actual Cash Value), and hired auto liability insurance with limits of not less than $1,000,000 per occurrence, for any and all rented vehicle(s)/automobile(s). Shall policies shall (as applicable): (i) name PER as an additional insured and loss payee; (ii) waive subrogation against PER; (iii) be primary (our insurance will be excess); and (iv) include such other provisions (including deductibles) as PER deems appropriate.

13. If and only if, we have offered, and you have elected to purchase the OPTIONAL EQUIPMENT PROTECTION PLAN (“EPP”) and paid the EPP Fee set forth on Page 1 before the Term commences, then only with respect to Item(s) covered by EPP (“Covered Items”), you will have no liability to PER for the cost to repair or replace such Items (up to $10,000) if and to the extent they suffer physical damage during the Term; provided however, that you will remain liable for: (a) all damage to or loss of Covered Item(s) caused in whole or in part by: (i) your breach of this Contract; (ii) theft or any failure to return Covered Item(s); (iii) gross negligence, misuse and/or abuse; (iv) use of alcohol or drugs; (v) use of any Item in violation of any applicable law or policy of insurance; (vi) fire, flood or windstorm, (vii) collision, upset or rollover; (viii) riot, war, military action or civil insurrection; (ix) pollution or contamination; (x) criminal activity; (b) all damage to glass, tires, belts, tracks, booms, blankets, electrical motors, chains, teeth, knobs and/or hoses; and (c) all replacement or repair costs for damage to Covered Item(s) in excess of $10,000 in the aggregate. You may decline EPP if you fully comply with this Contract (including §12). EPP IS NOT INSURANCE, NOR IS IT A WARRANTY.

14. Your duties hereunder are unconditional. If you or any guarantor: (a) fail to timely pay or perform any of your obligations arising under this Contract; (b) otherwise fail to fully and timely comply with any provision of this Contract; (c) provide any incorrect or misleading information to PER; (d) become insolvent; or (e) die or cease conducting business, or if any Rented Item(s) shall be lost, damaged or destroyed (except to the extent covered by EPP, as provided in Section 13), you will be in default, whereupon, PER may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental; (ii) seek relief from any automatic stay; (iii) recover, lock or disable any or all Rented Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless PER); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s) as necessary; (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.

15. You agree to pay all taxes (including all sales, use, transfer, value added and other taxes), fines, fees, assessments and other charges related to each Item. If any performance required of PER is delayed or rendered impractical as a result of any act or omission of any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of any and all statutes of limitations regarding PER’s rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of (a) 18% per annum, or (b) the highest rate permitted under applicable law until paid. You authorize PER to obtain and retain your credit information and history. You agree to pay PER the maximum lawful charge for any check you write which is returned unpaid. PER’s maximum liability in connection with this Contract is limited to the amount(s) actually paid by you hereunder. To the maximum extent permitted under applicable law, you hereby grant to PER a lien on all real and personal property (a) placed in or on; (b) improved with; and/or (c) on which may be located or used, any Rented Item(s). We may, without notice or liability to you, monitor (in person, electronically and/or via telematics) and/or inspect any Rented Item(s) at any time, and all information thereby obtained will be the sole and exclusive property of PER. This Contract allocates to you the risk of injury, loss of, or damage to, persons or property arising in connection with the subject matter of this Contract, and that allocation is reflected in a reduced Rent. In the event any legal action is commenced in connection with this Contract, if PER is the prevailing party, PER will be entitled to recover its costs and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from you. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any right or remedy we may have.

16. This Contract, and any Addenda provided by PER, represent the entire agreement between you and PER, superseding all other oral and written agreements and representations (including PER’s website and advertising). The terms of this Contract are severable. If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make such provision valid and enforceable, or if no such modification shall be possible, deleted, and in either such event, the remainder of this Contract will remain valid and in full force and effect. This Contract cannot otherwise be amended or extended except in a writing signed by PER. Time is of the essence hereof. There are no third-party beneficiaries hereto other than the Owner(s) of any Re-Rented Item(s). You acknowledge that this Contract a) constitutes a true “operating lease” (and not a disguised financing); (b) is fair and reasonable under the circumstances; and (c) shall be interpreted under the laws of the State of Utah, with proper venue for any and all associated civil lawsuits and legal proceedings lying solely and exclusively in the federal and state courts located in or nearest to Salt Lake County, Utah (unless waived by PER). You consent and submit to such jurisdiction and venue and waive all claims that it constitutes an inconvenient forum. These Terms and Conditions will be deemed to apply not only to all Item(s) identified on Page 1, but also to all other Items you obtain from PER at any time (except only as otherwise agreed by PER). Digital, electronic, photocopied and facsimiled signatures and initials included on this Contract shall be deemed the equivalents of originals for all purposes. 17. Warning: Obtaining property or services by deception, threat, force, or any other means designed to avoid the due payment for them and/or knowingly and wrongfully diverting services to one’s benefit or the benefit of another may be deemed THEFT, resulting in CIVIL LIABILITY AND/OR CRIMINAL PROSECUTION. See Utah Crim. Code, §76-6-409 and 410, et seq.

In Short non legal terms, you understand the risk of operating machinery and Platinum Equipment Rental is not responsible for misuse of our equipment resulting in an injury to yourself or others. You also agree that if the machine is damaged during use you will be charged for the repair above the $50 Security deposit (if repair is less, you will be refunded the remaining deposit balance).