Parties and Equipment This Equipment Rental Agreement ("Agreement") is entered into by and between Tom's Toy Rental, LLC, a Texas limited liability company with its principal place of business in Katy, Texas ("Owner," "we," "us"), and the individual or entity identified as the renter at checkout ("Renter," "you"). This Agreement governs the rental of equipment owned by or made available through Owner, including without limitation: utility trailers, horse and stock trailers, flatbed trailers, electric golf carts (sold under the TomCarts™ sub-brand), and related accessories (collectively, the "Equipment"). Boat charter is not covered by this Agreement. All boat reservations occur through Boatsetter.com and are governed by Boatsetter's separate terms and conditions, peer-to-peer insurance program, and platform rules.
Reservation, Payment, and Security Deposit • Reservations are made through our online storefront at tomstoyrentals.com and are confirmed when payment of the full rental amount is captured. • The full rental amount, applicable taxes, and any delivery or service fees are charged at the time of booking via the Renter's payment method through our payment processor (Stripe). • A refundable security deposit is required for each rental. The security deposit amount is set per item and is shown to the Renter at checkout. • The security deposit is collected at the time of pickup, not at the time of booking. By accepting this Agreement, the Renter authorizes Owner to place a pre-authorization hold or capture against the payment method on file in the deposit amount when the Renter (or a person authorized by the Renter) takes possession of the Equipment. • The security deposit (or portion thereof) will be released within ten (10) business days after the Equipment is returned, subject to any deductions for damage, loss, theft, late return, cleaning, fuel/charging, or other charges expressly permitted by this Agreement. • Payment-method changes after booking require Owner's written consent. Owner may refuse a substituted payment method that does not support card-network pre-authorization.
Equipment Use and Operator Requirements 3.1 General • The Equipment may only be operated by the Renter or by an Authorized Operator (defined below). The Renter is responsible for the acts and omissions of all Authorized Operators and any third party who uses the Equipment with the Renter's permission. • The Equipment shall be used solely for lawful purposes and in a manner consistent with its design and intended use. Off-road use, racing, towing in excess of rated capacity, and any use prohibited by applicable law are strictly forbidden. • The Renter shall not modify, paint, mark, sublease, sell, encumber, or transfer the Equipment, and shall not remove the Equipment from the State of Texas without Owner's prior written consent. 3.2 Authorized Operator • "Authorized Operator" means an individual who is at least eighteen (18) years of age, holds a valid driver's license appropriate to the Equipment, and has been disclosed to and approved by Owner in advance. • For golf cart rentals, the operator must be at least sixteen (16) years of age with a valid driver's license. Use on public roadways is permitted only to the extent allowed by Texas Transportation Code §551.404 and applicable local ordinances. • For trailer rentals, the towing vehicle must satisfy the manufacturer's recommended Gross Vehicle Weight Rating (GVWR), Gross Combined Weight Rating (GCWR), and hitch class requirements. Trailer brakes, lights, and safety chains must be properly connected and functional before each trip. 3.3 Prohibited Uses • Use under the influence of alcohol, marijuana, or any controlled substance is strictly prohibited. • The Equipment shall not be used to transport hazardous materials, illegal substances, or live cargo beyond the rated capacity of the Equipment. • Commercial subleasing, ride-share, or for-hire transportation services are prohibited without Owner's prior written consent.
Pickup, Delivery, and Return • The Renter shall pick up and return the Equipment at the date, time, and location specified in the booking confirmation. Delivery and pickup services, if any, are subject to separate fees. • A pre-rental inspection will be conducted jointly by Owner (or an authorized agent) and the Renter at pickup. The Renter's signature or electronic acceptance constitutes acknowledgment that the Equipment is in good working order at the time of pickup. • Late return: Equipment returned more than thirty (30) minutes after the scheduled return time will be charged at the prorated daily rate plus a late fee equal to twenty-five percent (25%) of the daily rental rate, with a minimum of $50.00 per occurrence. • Failure to return: If the Equipment is not returned within twenty-four (24) hours of the scheduled return time and the Renter has not communicated a reason acceptable to Owner, the Equipment may be considered unlawfully retained, and Owner may report the Equipment as stolen, repossess the Equipment using any lawful means, and charge the Renter the full replacement value of the Equipment plus all collection and recovery costs. • Return condition: The Equipment must be returned in the same condition received, ordinary wear and tear excepted, and reasonably clean. A cleaning fee starting at $75.00 may be assessed for Equipment returned in an unreasonably soiled condition. Fuel, propane, charging, and similar consumables must be returned at the level provided, or the cost of replenishment will be deducted from the security deposit.
Damage, Loss, and Theft • The Renter assumes full financial responsibility for any damage to, loss of, or theft of the Equipment during the rental period, from the moment of pickup until Owner's acceptance of return. • "Damage" includes, without limitation: physical damage; mechanical damage caused by misuse or negligence; damage from collisions, rollovers, submersion, or impact; interior damage; tire damage beyond ordinary wear; missing or damaged accessories; and damage from improper towing, loading, or operation. • If the Equipment is damaged, the Renter shall pay the lesser of (a) the reasonable cost of repair, including parts, labor, and loss-of-use rental income during the repair period, or (b) the fair market replacement value of the Equipment, in either case as reasonably determined by Owner. • If the Equipment is lost, stolen, or otherwise not returned, the Renter shall pay the full fair market replacement value of the Equipment plus reasonable recovery, investigation, and administrative costs. • The Renter shall promptly notify Owner of any accident, damage, or loss, file a police report when applicable, and cooperate with Owner's investigation and any insurance claim. • Owner's collection of the security deposit, or any portion thereof, does not limit the Renter's liability under this Section if actual damages, repair, or replacement costs exceed the security deposit amount.
Renter's Indemnification of Owner (Third-Party Claims) This Section is a material part of the consideration for which Owner is willing to rent the Equipment. Please read it carefully. • To the fullest extent permitted by Texas law, the Renter shall indemnify, defend, and hold harmless Owner, its members, managers, employees, agents, contractors, and the captain or driver employed or contracted by Owner (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, judgments, fines, penalties, losses, damages, costs, and expenses, including reasonable attorneys' fees and costs of defense, arising out of or related to: (a) the Renter's use, operation, maintenance, possession, control, or condition of the Equipment during the rental period; (b) any bodily injury (including death) to, or property damage suffered by, any person other than the Renter, including third parties, passengers, livestock, bystanders, and other motorists; (c) any breach by the Renter of this Agreement or of any applicable law; and (d) any act or omission of any Authorized Operator or any person to whom the Renter has entrusted the Equipment. • This indemnity obligation applies even if a claim alleges negligence on the part of the Indemnified Parties, except to the extent such claim arises from the Indemnified Parties' sole gross negligence or willful misconduct. • The Renter's indemnity obligations survive the termination of this Agreement and the return of the Equipment.
Insurance • The Renter is solely responsible for maintaining adequate insurance for the use of the Equipment during the rental period. Owner does not provide automobile liability, collision, comprehensive, or general liability insurance to the Renter. • Recommended minimum coverage includes: automobile liability insurance with a combined single limit of not less than $250,000 (or as required by Texas law, whichever is greater); physical damage coverage adequate to cover the replacement value of the Equipment; and personal liability coverage for non-vehicle uses (such as golf cart use at private events). • By accepting this Agreement, the Renter represents that the Renter's existing insurance policies extend coverage to the Equipment and the rental use, or that the Renter has obtained separate coverage adequate for the rental. • Failure to maintain adequate insurance does not relieve the Renter of any liability under Sections 5 and 6.
Cancellation, Modification, and No-Show • Cancellations more than seventy-two (72) hours before the scheduled pickup time: full refund of the rental amount paid. • Cancellations between seventy-two (72) and twenty-four (24) hours before pickup: fifty percent (50%) refund. • Cancellations less than twenty-four (24) hours before pickup, or no-shows: no refund. • Date or duration changes are subject to availability and may be granted at Owner's discretion. Owner reserves the right to apply a rebooking fee for material changes made within seventytwo (72) hours of pickup. • If Owner cancels a reservation because the Equipment becomes unavailable through no fault of the Renter, the Renter is entitled to a full refund of the rental amount, and Owner's liability is expressly limited to that refund.
Assumption of Risk The Renter acknowledges and agrees that the use of motorized and towed equipment, including golf carts and trailers carrying livestock or heavy loads, involves inherent risks of bodily injury, property damage, and death. The Renter freely and voluntarily assumes all such risks on behalf of the Renter, any Authorized Operator, and any passenger, livestock, or third party associated with the Renter's use of the Equipment.
Disclaimer of Warranties • The Equipment is provided "AS IS" and "WITH ALL FAULTS." • OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. • Owner makes no representation that the Equipment is suitable for any particular use intended by the Renter, and the Renter is solely responsible for confirming the Equipment's suitability for the Renter's intended use before accepting the Equipment at pickup.
Limitation of Liability • To the fullest extent permitted by Texas law, Owner's total cumulative liability to the Renter and any party claiming through the Renter, arising out of or related to this Agreement or the rental, whether in contract, tort, strict liability, or otherwise, shall not exceed the total rental fee actually paid by the Renter for the specific rental that gave rise to the claim. • In no event shall Owner be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation lost profits, lost wages, lost data, loss of use, business interruption, or emotional distress, even if Owner has been advised of the possibility of such damages. • The Renter acknowledges that the rental rates would be materially higher without these limitations and that these limitations are a fundamental part of the bargain between the parties.
Force Majeure Owner shall not be liable for any failure or delay in performance arising out of causes beyond Owner's reasonable control, including without limitation acts of God, severe weather, flood, fire, earthquake, pandemic, government order, civil unrest, labor disputes, or supply-chain disruption. In the event of force majeure, Owner may, in its sole discretion, reschedule the reservation or issue a refund of amounts paid.
Governing Law; Venue; Dispute Resolution • This Agreement is governed by the laws of the State of Texas, without regard to its conflict-oflaws principles. • Any dispute, claim, or controversy arising out of or related to this Agreement that cannot be resolved through good-faith negotiation shall be brought exclusively in the state or federal courts located in Harris County or Fort Bend County, Texas, and each party irrevocably consents to the personal jurisdiction and venue of such courts. • The parties may, by mutual written agreement, submit any dispute to binding arbitration under the rules of the American Arbitration Association before commencing litigation. • Each party waives any right to a jury trial of any claim arising out of or related to this Agreement to the maximum extent permitted by law.
Miscellaneous 14.1 Entire Agreement This Agreement, together with the booking confirmation and any written addenda signed or electronically accepted by the parties, constitutes the entire agreement between the parties with respect to the rental and supersedes all prior or contemporaneous communications and proposals, whether oral or written. 14.2 Severability If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced with an enforceable provision that most closely reflects the parties' original intent. 14.3 Waiver No waiver of any provision of this Agreement is effective unless in writing and signed by Owner. No failure or delay by Owner in exercising any right under this Agreement is a waiver of that right. 14.4 Assignment The Renter may not assign, transfer, or delegate this Agreement or any rights or obligations under it without Owner's prior written consent. Owner may assign this Agreement freely. 14.5 Notices Notices to Owner shall be sent to [email protected] or to the registered business address of Tom's Toy Rental, LLC. Notices to the Renter shall be sent to the email address provided at booking. 14.6 Electronic Signature The Renter agrees that electronic acceptance of this Agreement at checkout has the same legal effect as a handwritten signature on a paper original.
Acceptance By checking the box marked "I have read and agree to the Tom's Toys Rental Terms and Conditions" at checkout, the Renter acknowledges that the Renter has read, understood, and agrees to be bound by every term of this Agreement, including without limitation Sections 5 (Damage, Loss, and Theft), 6 (Indemnification), 7 (Insurance), 9 (Assumption of Risk), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), and 13 (Governing Law and Venue).
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