Rental Contract

As used herein, the word "Lessee" means the person or persons who signed the first page of this agreement and all persons who take custody of or use the Equipment with the permission or on his instruction. The word "Equipment" means all equipment, machinery, tools and supplies listed on the first page of this contract. The word “FER LLC" means Foxfire Equipment Rentals LLC.

In consideration of the lease without an operator, of the Equipment by the Lessee from FER LLC for the fees specified herein, the Lessee and FER LLC agree as follows:

1. TERMS OF LEASE The term of this lease begins on the date and time specified as "taken out" or "Delivered" on the first page and ends when all Equipment is returned to or picked up by FER LLC.

2. RETURN OF EQUIPMENT Lessee assumes all responsibility for the Equipment while it is out of the possession of FER LLC and agrees to return it in the same condition as when taken, except for ordinary wear and tear. Ordinary wear and tear means normal deterioration caused by reasonable use on an eight hour per day, five day per week basis. Lessee agrees to return the Equipment by the specified date and time and to pay additional charges for late return. Lessee agrees to pay cleaning charges for Equipment returned unclean. Lessee agrees to return Equipment full of fuel or pay a fuel fee. Lessee is liable for any loss, theft, damage, or destruction. Lost or destroyed Equipment will be paid for at replacement cost. Damaged Equipment will be repaired by FER LLC at Lessee’s expense. Rental charges do not apply toward replacement or repair. Lessee is responsible for transportation charges related to repair or replacement. Equipment returned outside business hours remains Lessee’s responsibility until business hours resume and may result in forfeiture of deposit and possible criminal prosecution.

3. CONDITION OF EQUIPMENT Lessee accepts the Equipment as is, acknowledges that it is in good working condition, and understands proper operation and use. Lessee agrees he has examined any towing or securing equipment used to transport it.

4. DETERIORATION OF EQUIPMENT Lessee agrees to stop using the Equipment if it becomes unsafe and to notify FER LLC immediately. Lessee will take reasonable steps to prevent injury or damage until FER LLC regains possession.

5. COMPLIANCE WITH LAWS Lessee agrees to comply with all municipal, county, state, and federal laws and regulations related to Equipment use. Lessee shall not allow use by any person not legally qualified to operate it.

6. LESSEE’S LIABILITY FOR MISUSE Lessee shall not abuse, harm, misuse, or permit unauthorized repairs to the Equipment. Lessee agrees to accept all responsibility for accidents or injuries arising from use and to hold FER LLC harmless. Lessee agrees to provide a full written report of any accident including names and addresses of all parties and witnesses.

7. DISCLAIMER OF WARRANTIES FER LLC makes no warranties, express or implied, including merchantability or fitness for a particular purpose. Lessee’s only remedy for Equipment failure is termination of rental charges starting at the time of failure, provided Equipment is returned to FER LLC within 24 hours. FER LLC is not responsible for any loss or damage to Lessee or Lessee’s property, including incidental or consequential damages.

8. USE OF DEPOSIT AND LATE PAYMENT Deposit is used to secure payment and guarantee performance of this agreement.

9. INDEMNIFICATION Lessee indemnifies and holds FER LLC harmless against all claims, losses, damages, attorney’s fees, and liability related to Equipment use or legal recovery of Equipment.

10. THEFT Failure to return Equipment by the due date may be considered theft and may result in criminal prosecution.

11. TAXES Lessee agrees to pay any taxes, license fees, or permit fees arising out of the lease or use of the Equipment, whether listed on this agreement or assessed later.

12. TITLE Title remains with FER LLC. If the Equipment is levied upon or seized, FER LLC may repossess it without notice.

13. CONSTRUCTION Paragraph headings are for convenience only and do not affect meaning.

14. COLLECTION COSTS Lessee agrees to pay attorney fees, court costs, collection fees, and expenses incurred in enforcing this contract or recovering Equipment.

Lessee agrees that FER LLC is subrogated to Lessee’s insurance rights for damage to Equipment and agrees to assign insurance claims or proceeds to FER LLC. Lessee shall provide insurance company and policy information upon request.