Liability Waiver & Rental Agreement

1. Equipment Condition & Inspection Renter acknowledges that they have inspected the equipment at the time of pickup and that it is in good working condition, free of visible damage, and suitable for the intended use. Any pre-existing damage must be reported to Company staff before leaving the premises. Failure to report pre-existing damage may result in Renter being held responsible for that damage upon return.

2. Proper Use Renter agrees to use the equipment only for its intended purpose and in accordance with the operating instructions provided by the Company. Renter agrees not to use the equipment in a reckless, negligent, or unlawful manner. Renter agrees not to allow any person other than themselves to operate the equipment without prior written consent from the Company.

3. Assumption of Risk Renter acknowledges that the use of heavy equipment involves inherent risks, including but not limited to: personal injury, property damage, and death. Renter voluntarily assumes all risks associated with the use of the rented equipment. Renter confirms that they are physically capable of safely operating the equipment and have reviewed the applicable safety guide.

4. Release of Liability To the fullest extent permitted by law, Renter releases, waives, and discharges DIY Equipment Rentals, its owners, employees, and agents from any and all claims, demands, losses, damages, costs, and expenses arising out of or related to the use of the rented equipment, including claims arising from the Company's own negligence.

5. Indemnification Renter agrees to indemnify, defend, and hold harmless DIY Equipment Rentals, its owners, employees, and agents from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or related to Renter's use of the equipment, Renter's breach of this Agreement, or any injury or damage caused by Renter to any third party.

6. Damage & Loss Renter is responsible for any damage to the equipment beyond normal wear and tear that occurs during the rental period. Renter is responsible for the full replacement cost of any equipment that is lost, stolen, or destroyed during the rental period. The security deposit will be applied toward any damage or loss costs. If damage or loss costs exceed the deposit amount, Renter agrees to pay the difference.

7. Return of Equipment Renter agrees to return all equipment by the agreed return time in the same condition as received, clean and free of excessive debris. Late returns will be charged at the applicable late fee rate. Equipment must be returned to the Company's location — delivery and pickup services may be provided.

8. Fuel Policy & Consumables All gas-powered equipment is provided with a full tank of fuel. A supplementary 6-gallon fuel can is included with the rental to accommodate additional fuel needs during the project period. IMPORTANT: This equipment strictly requires Ethanol-Free Gasoline only. Renter assumes full liability for any engine damage, repair costs, or maintenance fees resulting from the use of incorrect, contaminated, or standard ethanol-blended gasoline. Renter is financially responsible for all fuel consumed during the rental period. Upon return, the total gallons used will be calculated by the Company and billed at a rate of $5.25 per gallon for consumed fuel. This rate is subject to change without prior notice based on fluctuating market rates. The 6-gallon fuel can must be returned with the equipment. Loss or damage to the fuel can will result in a replacement fee charged against the deposit.

9. Equipment Maintenance & Lubrication Renter agrees to grease all equipment lubrication points every eight (8) hours of operation, or as specified in the operating instructions provided at pickup. Proper lubrication is a condition of the rental agreement. Failure to maintain adequate lubrication during the rental period may result in additional charges for excessive wear or mechanical damage, and Renter assumes full liability for any resulting mechanical damage attributable to neglected lubrication.

10. Compliance with Laws Renter agrees to comply with all applicable federal, state, and local laws and regulations in connection with the use of the equipment, including but not limited to Utah Code Section 54-8a-5 (Call Before You Dig / 811 requirements) for any excavation or trenching work.

11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any disputes arising under this Agreement shall be resolved in the courts of Iron County, Utah.

12. Severability If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings.

14. Delivery & Transport Liability If Renter requests delivery and/or pickup of equipment to a specified location, Renter assumes full responsibility for ensuring that the delivery site is accessible, safe, and suitable for equipment transport. Renter agrees to provide accurate delivery address and site access information at the time of reservation. DIY Equipment Rentals is not liable for any damage to driveways, landscaping, underground utilities, or other property resulting from delivery or pickup transport. Delivery and pickup fees are non-refundable once the equipment has been dispatched. Renter is responsible for ensuring that a responsible adult is present at the delivery site to receive and inspect the equipment. Any damage or discrepancy noted at delivery must be reported to the Company immediately and before use. Delivery availability is subject to scheduling and geographic limitations at the Company's sole discretion.