Equipment Rental Terms and Conditions

Please read carefully. This agreement includes an indemnification clause, and limitations of JBL Equipment Rental, LLC’s (Owner) liability. By accepting delivery of the Equipment or Services or making payment(s) to Owner for the same, Renter agrees to be bound by this Equipment Rental Terms and Conditions.

1. Operation and Safety Compliance

The Renter warrants that the equipment will be operated only by competent, trained, and (where applicable) certified personnel.

  • Safety Guidelines: I acknowledge that I have been provided with (or have downloaded from jbl-equipment.com) the specific Safety & Operation Guides for the equipment being rented.
  • Regulations: Renters must comply with all local, state, and federal safety regulations, including any applicable OSHA standards.
  • No Modifications: The Renter shall not remove shields, safety decals, or alter the machinery in any way.
  • Personal Protective Equipment (PPE) Compliance: The Renter acknowledges that operating heavy machinery, including mini skid steers and hydraulic attachments, involves inherent risks. The Renter assumes all responsibility for providing and ensuring that any operators or bystanders wear appropriate PPE while operating or near operating equipment, including but not limited to:
    • ANSI-rated Safety Glasses to protect against flying debris, dust, and hydraulic spray.
    • Hearing Protection with a minimum Noise Reduction Rating (NRR) of 25dB to prevent long-term hearing loss from engine and attachment noise.
    • Sturdy, Closed-toe Footwear (preferably steel-toed boots).
  • Failure to utilize proper safety equipment is at the Renter’s sole risk.

2. Prohibited Use and Site Conditions

  • Skid Steer/Excavator Capacity: Renter shall not lift more than the published capacity of the rented equipment.
  • Dump Trailers: The Renter shall not overload the trailer with more than the published capacity of the trailer. The Renter is responsible for damage if the trailer is overloaded. The Renter shall not load materials that are of sufficient weight or shape as to damage the floor or the sides of the trailer beyond normal use.
  • Surface Conditions: The Renter is responsible for ensuring the ground/site can support the weight of the machinery.
  • Subletting: The equipment may not be moved to a different work site or sublet to another person without written consent.

3. Maintenance and Fuel

  • Daily Checks: The Renter agrees to check fluid levels daily and stop operation immediately if any warning lights or mechanical issues occur. The Renter understands they are responsible for damage caused by "corkscrewing" augers, hitting underground utilities (Call 811), or running pumps dry.
  • Greasing: Renter agrees to grease all equipment lubrication points every eight (8) hours of operation. Failure to maintain proper lubrication may result in additional charges for excessive wear or liability for resulting mechanical damage.
  • Fuel: Equipment is sent out with a full tank and must be returned full unless the Fuel Service is purchased or provided as a promotion by JBL. Renter acknowledges that the Refueling Service Charge is not a retail sale of fuel. Renter may avoid the Refueling Service Charge if Renter returns the Equipment with a full tank of fuel. Most of the heavy equipment utilizes diesel fuel. Please pay attention to the fuel type (diesel or gasoline) labeled on each piece of equipment.
  • Breakdowns: If the equipment malfunctions, the Renter must stop use immediately and notify the Owner. The Owner (Lessor) is not responsible for any labor costs or project delays caused by equipment failure.

4. Condition of Equipment

The Renter acknowledges that they have inspected the equipment and that it is in good working order. The Renter agrees to:

  • Use the equipment only for its intended purpose following the specifications and usage guidelines outlined for each piece of equipment.
  • Keep the equipment in a secure, protected environment when not in use.
  • Return the equipment in the same condition as received (minus normal wear and tear).
  • Equipment returned with excessive concrete, mud, or asphalt will incur a minimum cleaning fee of $75.00 per hour for required labor.

5. Rental Protection Plan and Asset Protection

The rental rate includes a Rental Protection Plan. This is not insurance; it is a contractual agreement where the Owner waives its right to recover certain costs of accidental physical damage to the Equipment during normal, authorized use.

Renter’s Initial Responsibility: Notwithstanding the Protection Plan, the Renter shall remain responsible for the first $500.00 of the cost of any covered accidental damage per item. The Protection Plan shall only apply to repair or replacement costs exceeding this $500.00 threshold, up to the limits of the Owner’s primary insurance.

Exclusions (Renter Remains 100% Liable): The Protection Plan and the $500.00 responsibility cap do not apply, and the Renter remains fully responsible for the total cost of repair or replacement, in the following circumstances:

  • Gross Negligence or Abuse: Damage caused by overloading beyond rated capacity, "corkscrewing" augers, or continuing to operate the machine after a warning light or mechanical failure is detected.
  • Lack of Maintenance: Damage resulting from the failure to grease all lubrication points every eight (8) hours of operation or failure to maintain proper fluid levels.
  • Tires and Tracks: All damage to tires, tubes, or rubber tracks—including punctures, cuts, or de-tracking—is the Renter's sole responsibility.
  • Theft: Loss due to theft where the Renter fails to (1) secure the equipment, (2) provide a formal police report to the Owner within 24 hours, and (3) return all original ignition keys.
  • Unauthorized Use: Damage occurring while the equipment is operated by any person other than the Renter or their pre-authorized, trained employees, or use for any purpose other than the equipment's intended design.
  • Underground Utilities: Damage resulting from a failure to notify "Call Before You Dig" (811) or striking known/marked underground pipes or wires.

Repair Costs: For any damage not covered by the Plan, or for the initial $500.00 responsibility, the Renter will be charged immediately using the payment method on file. If the equipment is lost, stolen, or damaged beyond repair due to an excluded event, the Renter agrees to pay the full current retail replacement value.

Subrogation: In the event of a covered loss, the Renter agrees to cooperate fully with the Owner’s insurance carrier and assign all rights of recovery against third parties to the Owner.

6. Limitation of Liability

To the maximum extent permitted by law, the Owner (Lessor) shall not be held liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use the equipment. This includes, but is not limited to, loss of profits, personal injury, or property damage, even if the Owner has been advised of the possibility of such damages. The Owner’s total liability under this agreement shall not exceed the total rental fee paid by the Renter.

7. Hold Harmless Clause

Renter agrees to indemnify, defend, and hold harmless Owner, its officers, and employees from and against any and all liability, claims, loss, damages, or costs (including legal fees) arising out of or related to the operation, possession, or use of the Equipment during the Rental Period. The Renter assumes all risks associated with the custody and operation of the equipment.

Renter is 100% responsible for "Call Before You Dig" (811) and all damage to underground pipes/wires. If you are doing any digging—even in your own backyard—Utah law requires you to notify Blue Stakes of Utah by dialing 811 or visiting bluestakes.org.

Renter is liable for environmental contamination or hazardous material spills caused by the equipment while in the Renter's possession. Renter is responsible for the immediate containment and reporting of any hydraulic or fuel leaks. Renter shall be liable for all costs associated with hazardous material remediation and soil disposal.

8. Security Deposit & Payment Authorization

  • A 15% Deposit will be collected at the time of reservation to hold the equipment. The balance will be collected the day before the scheduled delivery date. Reservations canceled within 24 hours of the scheduled delivery will be subject to the 15% cancellation fee. Cancellations prior to 24 hours will be refunded.
  • Security Deposit Hold: At the time of rental, a security deposit in the amount based on the equipment being rented will be required. This deposit will be processed as a pre-authorization hold on the Renters’ credit card. This is not a charge, but a temporary restriction on the available credit limit.
  • Purpose of Hold: This deposit serves as security for the return of the equipment in the same condition as received. We reserve the right to "capture" or apply these funds toward any additional costs incurred during the rental period, including but not limited to:
    • Physical damage to the equipment or trailers due to Renter negligence.
    • Excessive cleaning requirements.
    • Refueling fees (if equipment is returned below the agreed-upon fuel level).
    • Late return fees or unauthorized rental extensions.
  • Release and Processing Time: Upon successful return and inspection of the equipment, the hold will be released by Owner. The Renter acknowledges that while the release is immediate on the merchant side, individual banks and credit card issuers may take 7 to 10 business days to reflect the updated balance on the Renter’s statement.
  • Payment Method Preference: The use of a Credit Card is strongly recommended for security deposits. If a Debit Card is used, the bank will physically withdraw the funds from the associated checking account immediately, and the return of those funds is subject to the bank’s standard processing delays, for which Owner assumes no liability.

9. Rental Period and Late Fees

The rental period begins at the time of pickup/delivery and ends at the agreed-upon return time.

  • Late Returns: Equipment shall be ready for pickup by 5:00PM on the last day of the rental term. Equipment not ready for pickup will be subject to a late fee of the daily rental rate.
  • Right of Entry (Repossession): Owner and its agents shall have the right to enter the premises where the Equipment is located at any time for the purpose of inspection or repossession. Renter hereby waives any right of action for trespass or damages against Owner for such entry.
  • Extensions: Extensions must be requested at least 3 hours in advance and are subject to availability.
  • Daily Usage Limits: A daily rental rate is based on a maximum of 8 engine-meter hours per 24-hour period. Excess engine hours will be billed pro-rata.

10. Governing Law

This agreement shall be governed by the laws of the State of Utah.

11. General Provisions

Severability: In the event that any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall remain in full force and effect. The invalid or unenforceable provision shall be modified only to the extent necessary to make it valid and enforceable while preserving the original intent of the parties.

Entire Agreement: This Agreement, including any signed schedules or attachments, constitutes the entire agreement between JBL Equipment Rental, LLC and the Renter regarding the subject matter herein. It supersedes all prior or contemporaneous oral or written communications, representations, or agreements. No amendment or modification of this Agreement shall be binding unless it is in writing and signed by an authorized representative of both parties.