Terms of Service — Tote It & Leave It LLC Rental Agreement

1. Payment Authorization — Customer authorizes Company to charge any payment method provided for rental charges, extensions, late fees, cleaning fees, repair costs, replacement costs, unpaid balances, and taxes permitted by law.

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2. Ownership / No Transfer — All Equipment remains the sole property of Company at all times. Customer shall not sell, lend, sublease, pledge, or transfer possession of Equipment to any third party.

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3. Safe Use of Equipment — Customer agrees to inspect Equipment upon receipt and use it safely and only for intended purposes. Customer shall not overload totes, stand or ride on totes or dollies, use dollies on stairs, transport persons or animals, modify Equipment, expose Equipment to fire or hazardous substances, or use Equipment in any reckless or unlawful manner.

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4. Assumption of Risk — Customer understands moving activities involve inherent risks including lifting injuries, strains, cuts, slips, falls, and property damage. Customer voluntarily assumes all risks arising from possession, loading, transport, unloading, and use of Equipment.

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5. Release of Liability — To the fullest extent permitted by law, Customer releases and holds harmless Tote It & Leave It LLC and its owners, officers, employees, and agents from any claims for bodily injury, death, property damage, or other losses arising from delivery, pickup, possession, or use of Equipment, except to the extent directly caused by Company's gross negligence or willful misconduct.

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6. Indemnification — Customer shall defend, indemnify, and hold harmless Company from all claims, damages, costs, and attorney fees arising out of Customer's possession or use of Equipment or breach of this Agreement.

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7. Condition / Return Obligations — Customer shall return all Equipment empty, reasonably clean, undamaged, and available for pickup on the scheduled date. Missing or damaged parts will be charged at replacement cost at the discretion of Company.

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8. Damage / Loss / Theft — Customer is responsible for all Equipment from delivery until Company retakes possession. Customer shall pay full repair or replacement value for Equipment that is damaged, lost, stolen, or rendered unusable.

 

Replacement costs:
- Replacement Tote: $20
- Replacement Dolly: $70

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9. Late Returns / Auto Extension — If Equipment is not returned on the scheduled date, the rental automatically continues at Company's then-current rates until recovered. Additional pickup attempts may incur extra fees.

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10. Access / Delivery Conditions — Customer shall provide safe and reasonable access for delivery and pickup including clear walkways, parking, and entry permission. Company may refuse service or reschedule if conditions are unsafe.

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11. Right to Recover Equipment — If Customer fails to return Equipment when due, Company may use any lawful remedy to recover Company property.

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12. Default / Collections — Any unpaid balance may accrue interest at the maximum lawful rate. Customer shall pay all collection fees, attorney fees, and recovery expenses.

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13. Photo / Documentation — Customer authorizes Company to photograph Equipment, delivery locations, and returned condition for documentation and dispute purposes.

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14. Governing Law / Venue — This Agreement shall be governed by the laws of the State of South Dakota. Any dispute shall be brought in a court of competent jurisdiction in Minnehaha County, South Dakota.

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15. Severability / Entire Agreement — If any provision is unenforceable, remaining provisions stay in effect. This Agreement is the complete agreement and may only be modified in writing signed by Company.