Rental Agreement

Rental Period

MTR's standard minimum rental period is fourteen (14) days. Should the Renter require the Equipment for a shorter period of time, the Renter will still be charged for the full rental period selected at booking, regardless of whether the Equipment is returned before the end of the Rental Period. MTR may accommodate longer-term rentals through the addition of extra weeks at the applicable weekly rate, subject to equipment availability.

Delivery Area

MTR provides services to Renters located within our service area, which includes Milwaukee County, Waukesha County, Ozaukee County, Racine County, and surrounding suburbs. MTR reserves the right to decline service to locations outside our service area at our sole discretion.

Reserving Equipment

The Renter must complete a booking through our website at www.mketoterentals.com, selecting the desired package, rental period, delivery date, and pickup date. Once the Renter has submitted their booking, MTR will confirm availability and send the Renter an email confirming the rental. For greater certainty, submitting a booking is NOT a guarantee of equipment availability until confirmed by MTR.

Cancellation Policy

If the Renter cancels their booking more than twenty-four (24) hours prior to the scheduled delivery time, the Renter will receive a full refund with no cancellation fee.

If the Renter cancels their booking within twenty-four (24) hours of the scheduled delivery time, MTR may, at its sole discretion, apply a cancellation fee of $25.00.

If the Renter cancels after delivery of the Equipment has occurred, no refund will be issued.

Changes to Order

The Renter must contact MTR immediately by phone, text, or email upon requiring any change to their Rental Period or Equipment. MTR will make every effort to accommodate changes subject to equipment availability. Changes to rental dates that do not affect the total length of the Rental Period will be accommodated at no charge, subject to availability. Changes that increase the length of the Rental Period will be charged at the applicable weekly rate. MTR cannot guarantee the ability to accommodate last-minute changes.

Delivery

MTR will deliver the Equipment to the Renter's specified delivery address on the confirmed delivery date. Free delivery is included with every rental within MTR's service area. MTR will make reasonable efforts to contact the Renter prior to arrival. The Renter agrees to be available at the delivery address at the time of delivery. MTR expressly reserves the right to reschedule delivery in the event of an emergency or unforeseen circumstance, and shall not be liable for any damages resulting from such a change.

Pickup

MTR will pick up the Equipment from the Renter's specified pickup address on the confirmed pickup date. Free pickup is included with every rental within MTR's service area. The Renter agrees to have all Equipment ready and accessible at the pickup address on the confirmed pickup date. MTR expressly reserves the right to reschedule pickup in the event of an emergency or unforeseen circumstance, and shall not be liable for any damages resulting from such a change.

Refused or Failed Pickup

If the Renter fails to make the Equipment available for pickup on the confirmed pickup date, refuses pickup, or is not present at the confirmed pickup address at the scheduled time, MTR shall be entitled to charge the applicable weekly overage rate for each additional week or partial week that the Equipment remains with the Renter beyond the end of the Rental Period. MTR shall also be entitled to charge any additional costs incurred in attempting to recover the Equipment. If the Equipment cannot be recovered within fourteen (14) days of the end of the Rental Period, the Renter will be charged the full replacement fees for all unreturned Equipment as specified below.

Condition of Equipment

MTR warrants that all Equipment will be delivered in satisfactory operating condition, cleaned and inspected prior to delivery. The Renter is encouraged to inspect the Equipment immediately upon delivery. If the Renter identifies any damage at the time of delivery, the Renter must notify MTR within twenty-four (24) hours of delivery. Failure to notify MTR within this period shall constitute the Renter's acceptance of the Equipment as being in acceptable condition.

Damage Waiver

MTR offers an optional Damage Waiver for a one-time fee of $15.00. The Damage Waiver covers up to five (5) totes that are returned in a damaged condition at the conclusion of the Rental Period. The Damage Waiver does not cover unreturned or missing Equipment, excessive cleaning fees, or damage to dollies.

Cleaning Fee

The Renter agrees that all Equipment shall be returned free of damage and free of any heavy soil or contamination. MTR may, at its sole discretion, apply a cleaning fee of $10.00 per tote that is returned in a condition that exceeds normal wear and tear or incidental dust and debris.

Disclaimer and Limitation of Liability

By booking and/or using our services and/or Equipment, you acknowledge and agree that you have satisfied yourself that you and all who will be using the Equipment are physically able to do so safely, and that the sole risk and responsibility for personal safety in the use of our Equipment remains with you.

To the fullest extent permitted by law, MTR excludes all liability for damages arising out of or in connection with your use of our services and/or Equipment, including but not limited to personal injury, death, or property damage. In no event will MTR be liable for any special, indirect, incidental, consequential, or punitive damages arising out of or in connection with our services.

By booking our services, you hereby RELEASE and FOREVER DISCHARGE Milwaukee Tote Rentals LLC from any claims, losses, damages, liabilities, and expenses arising out of or related to: (a) your violation of any provision of this Agreement; and (b) your booking and/or use of our services and/or Equipment.

Indemnification

By booking and/or using our services and/or Equipment, the Renter agrees to indemnify and hold harmless Milwaukee Tote Rentals LLC and its members, employees, representatives, and agents from any and all claims, losses, damages, liabilities, and expenses, including legal fees, arising out of or related to: (a) the Renter's violation of any provision of this Agreement; and (b) the Renter's booking and/or use of our services and/or Equipment.

Termination of Service

MTR reserves the right to terminate service at any time at its sole discretion. In the event of a breach of this Agreement by the Renter, MTR shall be entitled to recover the Equipment and all costs incurred in doing so, including legal fees, shall be immediately due and payable by the Renter.

Force Majeure

MTR is not liable for any failure to perform any obligation due to an event beyond our reasonable control, including but not limited to acts of God, severe weather, natural disaster, pandemic, civil unrest, or governmental action.

Governing Law

This Agreement is governed by the laws of the State of Wisconsin and applicable federal law. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Milwaukee County, Wisconsin.

General

By booking and/or using our services, you represent that you are at least 18 years of age. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. MTR's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision. This Agreement may not be amended except in writing signed by MTR.

Notification of Changes

MTR reserves the right to update these Terms at any time. Continued use of our services following any update constitutes acceptance of the revised Terms. The Renter is advised to review this Agreement periodically.

Payment

Pay at Delivery: No payment is collected at booking. The full rental fee, refundable deposit, and any selected add-ons are collected at the time of delivery via Stripe card reader. By selecting this option, the Renter authorizes MTR to collect payment at delivery and to retain a card on file for any applicable damage, cleaning, or unreturned equipment fees.

Pay in Full Now: Full payment is collected at the time of booking via Stripe's secure hosted checkout. MTR uses Stripe as its payment processor and does not have access to the Renter's full card number. By selecting this option, the Renter's card is saved on file for any applicable damage, cleaning, or unreturned equipment fees.

By agreeing to these Terms, the Renter agrees to pay all fees and charges applicable to their booking. MTR reserves the right to charge any outstanding fees or amounts owed to the card on file.

Refundable Deposit

A refundable deposit of $50.00 is collected from every Renter at the time of delivery or payment. This deposit will be refunded in full upon the return of all Equipment in acceptable condition at the conclusion of the Rental Period. MTR reserves the right to retain all or part of the deposit to cover any applicable damage, cleaning, replacement, or other fees as set out in this Agreement.

Replacement Fees

Proper care of the Equipment during the Rental Period is the sole responsibility of the Renter. The following replacement fees apply in the event that Equipment is damaged beyond repair, lost, stolen, or not returned:

MTR reserves the right to charge the above fees to the card on file. If the Damage Waiver was selected, up to five (5) damaged totes returned at pickup are covered at no charge. The Damage Waiver does not apply to unreturned totes or dollies.

The Renter shall NOT use tape, labels, paint, markers, or any adhesive materials on any Equipment without prior written consent from MTR.

Rules and Safe Use

The following rules apply to all use of the Equipment:

• •Totes shall not be stacked more than four (4) totes high when packed
• •Totes shall not be filled beyond a weight capacity of sixty-six (66) pounds per tote
• •Children shall not be permitted to use the Equipment unsupervised
• •Animals shall not be placed in or on the Equipment
• •Equipment shall not be used for any unlawful purpose
• •Equipment should be stored indoors to reduce the risk of theft or weather damage
• •The Renter is solely responsible for determining the appropriateness and safety of how Equipment is lifted, carried, and stacked