Rental Contract Terms, Conditions, and Agreements

PLEASE CAREFULLY READ AND UNDERSTAND THESE ACG DUMPSTER RENTALS LLC DBA ACG RENTAL TRAILER EQUIPMENT TERMS AND CONDITIONS AND AGREEMENTS (THESE "TERMS"). BY CREATING A RESERVATION FOR ACG RENTAL TRAILER EQUIPMENT, CUSTOMER AGREES TO AND ACCEPTS THESE TERMS.
1. Definitions: "Agreement" means all terms and conditions found on this form page and any other documents you sign or that we give you at the time of rental. "the Customer," "You," or "your" means the person identified as the renter or additional renter on this form, all Authorized Drivers, and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as "Customer," "you" or "your" are jointly and severally bound by this Agreement. ACG Dumpster Rentals LLC DBA ACG Rental Trailer referred to as "we," "us," "our," "Company." “Authorized Driver" means you and any additional driver listed by us on this Agreement. "Trailer," "Towable Equipment," or “Equipment” means the non-motorized trailer or equipment identified in this Agreement and any trailer or equipment we substitute for it, including all of its parts. "Cargo" means the property transported in trailer or equipment. "Loss of Use" means the loss of our right to use the trailer or equipment for any reason because of damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date of loss or damage to the trailer or equipment until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the trailer or equipment just prior to damage or loss less the value of the trailer or equipment after its repair. If we elect not to repair the trailer or equipment “Diminished Value” means the difference between the actual cash value of the trailer or equipment just prior to damage or loss less the salvage or sale value of the trailer or equipment. "Tow Vehicle" means any land motor vehicle designed for use principally upon public roads used to tow towable trailers or equipment. "Vehicle-in-Tow" means that land motor vehicle designed for use principally upon public roads which is attached to covered towable trailer or equipment and the Tow Vehicle.
2. Rental, Indemnity and Warranties: This is a contract for rental of the trailer or equipment. ACG Rental Trailer may repossess the trailer or equipment at the Customer’s expense without notice to the Customer, if the trailer or equipment is abandoned or used in violation of law or this agreement. The Customer agrees to indemnify ACG Rental Trailer, defend ACG Rental Trailer and hold ACG Rental Trailer harmless from all claims, liability, costs and attorney fees ACG Rental Trailer incurs resulting from, or arising out of, this rental and the Customer’s use of the trailer or equipment. ACG Rental Trailer makes no warranties, express, implied or apparent, regarding the trailer equipment, no warranty of merchantability and no warranty that the trailer or equipment is fit for a particular purpose.
3. Reservation Creation: The Customer must be 18 years of age or older and provide adequate identification and payment information to complete the reservation process. Reservations made for minors and/or reservations made with invalid payment or personal information are subject to immediate cancellation. When the Customer provides credit card information at reservation, the Customer's credit card will be charged at that time. However, the Customer acknowledges and agrees that the provided credit card may be charged for any and all future charges, fees, or taxes, including payment for the ultimate rental, overages, damages, and late fees. The prices indicated on acgrentaltrailer.com or at a local ACG Rental Trailer rental locations are subject to availability and additional selections made by the Customer. Rates, including any special offers or discounts, are subject to change if the Customer cancels or changes their reservation. Rates/prices quoted do include tax. The Customer is responsible for paying all applicable taxes and other fees required by local, state, provincial, or national law. ACG Rental Trailer reserves the right, in its sole discretion, to schedule an alternate pick-up location and/or substitute reserved trailer or equipment based on the most convenient location with available trailer or equipment. The Customer agrees that ACG Rental Trailer reserves the right to substitute reserved trailer or equipment for other trailer or equipment of equal or greater value at no additional charge to the Customer. The number of hours the Customer may reserve for a rental is based on trailer or equipment availability.
4. Reservation Modification or Cancellation: The Customer may edit their reservation details at any time via by contacting their local ACG Rental Trailer representative. If the Customer does not pick up rented trailer or equipment within 1 hour of their scheduled rental time, ACG Rental Trailer reserves the right to cancel the reservation, collecting all charges and fees associated with the rental reservation.
5. Reservation Guarantee: Should ACG Rental Trailer, through no fault of the Customer, fail to meet the agreed upon rental time, place, and trailer or equipment size, ACG Rental Trailer shall pay to the Customer a $1.00 Reservation Guarantee fee and still attempt to fill the reservation request within reason.
6. Condition and Return of Trailer: The Customer must return the trailer or equipment to the place and on the date and time specified in this Agreement, and in the same condition that the Customer received it, except for ordinary wear. If the trailer or equipment is returned after closing hours, the Customer remains responsible for the safety of, and any damage to, the trailer or equipment until ACG Rental Trailer inspects it upon our next opening for business. Service to the trailer or equipment or replacement of parts or accessories during the rental must have ACG Rental Trailer’s prior approval.
7. Responsibility for Damage or Loss; Reporting to Police: The Customer is responsible for all damage to, or loss or theft of, the trailer or equipment, including damage caused by weather, road conditions and acts of nature, whether or not the Customer is at fault. The Customer is responsible for the cost of repair or the actual retail cash value of the trailer or equipment if it is not repairable or if ACG Rental Trailer elects not to repair the trailer or equipment. The Customer is also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover ACG Rental Trailer’s administrative expenses connected with any damage claim, the Customer must report all accidents involving the trailer or equipment to ACG Rental Trailer and the appropriate police department or law enforcement agency within 24 hours of occurrence.
8. Responsibility for Damage or Loss; Equipment Included: The Customer acknowledges receiving all items above and knows that the Customer is responsible for returning all items in good working condition or else the Customer will be expected to pay for that item. The Customer has carefully inspected the trailer or equipment, tires, hitch, and find them all in satisfactory condition. The Customer understands that the Customer is responsible for any and all damages up to and including theft.
9. Prohibited Uses: The following uses of trailer or equipment are prohibited: (a) transporting dangerous or hazardous item(s) or illegal material; (b) transporting animals or human beings, corpses, or body parts, regardless of how animals or human beings are stored or transported; (c) operate the trailer or equipment under the influence of alcohol, drugs, intoxicants, or any other substance that can impair driving ability; (d) allowing the trailer or equipment to be towed by anyone who is not a renter or an authorized Driver; (e) any use of the trailer or equipment by anyone who obtained the trailer or equipment or extended the rental period by giving ACG Rental Trailer false, fraudulent or misleading information; (f) use of the trailer or equipment in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; (g) take the trailer or equipment into Mexico or Canada, including temporary border crossings; (h) use of the trailer or equipment when loaded beyond its capacity, as determined by the manufacturer of the trailer or equipment; (i) towing the trailer or equipment through or under any structure without sufficient overhead or side clearance; (j) use of the trailer or equipment when it is reasonable to expect the Customer to know that further operation would damage the trailer; (k) using the trailer or equipment in a manner that causes damage to it due to inadequately secured cargo; (l) damaging the trailer or equipment by your intentional, wanton, willful or reckless conduct; and, (m) damaging the trailer equipment by placing signs, lettering or painting on the trailer or equipment; (n) the commission of a felony or in an intentional, criminal, willful, wanton, or reckless manner; (o) Operate trailer or equipment when any defect in the operation or safety of trailer or equipment has been noticed; (p) Store or transport any firearms; explosive, flammable, alcoholic, toxic, hazardous, volatile, poisonous, venomous, dangerous, or illegal substances, chemicals, items, or waste; (q) improperly sealed or leaking containers containing any liquid or other slippery substance; (r) using the trailer or equipment as a residential dwelling (as defined by law in the applicable jurisdiction) or for residential purposes, including sleeping in trailer or equipment; (s) using the trailer or equipment as living or napping quarters, congregating with others in trailer or equipment, or any other similar conduct consistent with using the trailer or equipment for residential purposes; (t) whether individually or on behalf of another, use, facilitate, or support the use of trailer or equipment or the ACG Rental Trailer® trademark, or the likeness of the same, in any television program, movie, web site, social media, or other medium without the prior written consent of an ACG Rental Trailer officer; (u) whether individually or on behalf of another, allow, facilitate, or support the disassembly or dismantling of trailer or equipment or a component thereof; (v) change the Tow Vehicle or Vehicle-in-Tow listed on the ACG Rental Trailer Rental Contract without the prior written approval of Company or its agent.
10. Use Of Trailer or Equipment: The Customer represents and warrants their rental of trailer or equipment is for the sole purpose of Do-It-Yourself moving. Customer agrees rental of trailer or equipment with the intent to use trailer or equipment for a purpose other than Do-It-Yourself moving (or in a manner prohibited by these Terms) may be construed as fraudulent, constitute a Material Breach of these Terms, and void any coverage provided or purchased. The Customer and any Authorized Driver shall: Require passengers to ride only in the cab of the Tow Vehicle towing any towable trailer or equipment; Inspect trailer or equipment periodically; Be fully and solely responsible for complying with any NHTSA vehicle recall covering a personal Tow Vehicle or Vehicle-in-Tow. Vehicle recalls can be found at safercar.gov; and immediately report damaged, lost, or stolen trailer or equipment to the ACG Rental Trailer and, if directed, to law enforcement, and fully cooperate with efforts to recover ACG Rental Trailer’s trailer or equipment. The Customer understands and agrees Equipment rented is water resistant and not waterproof. The Customer acknowledges this hook-up may be inconsistent with the towing recommendations in their Tow Vehicle Owner's Manual. The Customer acknowledges their responsibility to provide true and correct Tow Vehicle and hitch system information at the time of their reservation and rental.
11. Payment; Financial Responsibility: The Customer agrees they are fully responsible for paying all charges, fees, duties, taxes, incidentals, assessments, and other amounts arising out of the reservation and rental when due, including additional taxes and fees that may not be included in the quoted rate, regardless of whether Customer, an Authorized Driver, or another individual picks up trailer and equipment. The Customer expressly authorizes ACG Rental Trailer or its agent to apply any and all charges on the credit card used to create the reservation or to pay for the rental. The Customer may update their method of payment at any time during the reservation process, dispatch process, or rental period. The Customer is solely responsible for updating their method of payment, including any credit card information, by editing their information by contacting their local ACG Rental Trailer representative. The Customer is responsible for paying all estimated rental charges at the time of rental. Depending on the ACG Rental Trailer rental location, Customer may pay via credit card or debit card, cash, or a combination of both. ACG Rental Trailer does not accept checks as a form of payment. LATE PAYMENT FEE. Failure to pay additional charges within 7 calendar days from completion of the rental is subject to a $30 Late Payment Fee for additional charges up to $500 or 6% of the additional charges if more than $500 is owed. Customer understands and agrees that failure to pay all amounts owed may result in ACG Rental Trailer or its agent reporting the Customer to one or more credit reporting and/or collection agencies. Furthermore, ACG Rental Trailer reserves the right to initiate collections proceedings for any unpaid balance and to add any and all collections fees, including court costs, attorneys' fees, late fees, and other costs associated with obtaining a judgment with respect to the amount owed.
12. Charges: The Customer agrees to pay us on demand for all charges due to us under this Agreement, including, but not limited to: (a) time, and mileage (if applicable), for the period the Customer keeps the trailer or equipment; (b) applicable taxes; (c) all traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the trailer assessed against us or the trailer or equipment; if the Customer fails to pay a traffic or toll charge to the charging authority, the Customer will pay ACG Rental Trailer all fees owed to the charging authority plus our administrative fee of $100 for each such charge; (d) all costs ACG Rental Trailer incurs recovering the trailer or equipment if the Customer fails to return it as agreed above; (e) all costs, including pre- and post-judgment attorney fees ACG Rental Trailer incurs collecting payment from the Customer or otherwise enforcing ACG Rental Trailer’s rights under this Agreement; (g) $500 or the maximum amount permitted by law, whichever is greater, if the Customer pays ACG Rental Trailer with a chargeback or unpaid balance for any reason; (h) a reasonable fee not to exceed $500 to clean the trailer or equipment, if returned substantially less clean than when rented. ACG Rental Trailer will not refund any of the time or mileage charges if the Customer returns the trailer or equipment earlier than the date or time due in; and (i) any fees, charges, taxes, penalties, or, any reimbursements ACG Rental Trailer requires which are associated with the repair process of the trailer or equipment when returned with damages.
13. Deposit: ACG Rental Trailer may use the Customer’s deposit to pay any monies owed to us under this Agreement, including cost to repair damages to the trailer or equipment.
14. Dispatch of Equipment: A. Authorized Drivers - An Authorized Driver is anyone who (1) is at least 25 years of age, (2) possesses a government issued Driver's License, Driver's Privilege Card, or other government issued driver's card, and (3) is listed on the ACG Rental Trailer Rental Contract as authorized by Company to operate the Tow Vehicle, trailer and/or equipment. The Customer acknowledges and agrees that only Authorized Drivers may operate the Tow Vehicle, trailer and/or equipment. The Customer and any Authorized Driver acknowledge and agree they are solely responsible for reading, understanding, and complying with the ACG Rental Trailer’s Rental Contract and applicable trailer or equipment terms and conditions received at the time of dispatch. Customer and any Authorized Driver should keep a copy of the ACG Rental Trailer rental Contract and applicable trailer or equipment terms and conditions with them at all times during the rental period. B. Coverages - Customer acknowledges that their personal automobile insurance policy may not cover the trailer or equipment and agrees to confer with their insurance carrier prior to picking up the trailer or equipment. Even if the Customer's personal automobile insurance covers rental of the trailer or equipment, the Customer agrees to reimburse ACG Rental Trailer for the full damage amount upon return of the trailer or equipment.
15. ACG Rental Trailer User Instructions: The Customer acknowledges and agrees they are responsible for fully reading, understanding, and complying with applicable ACG Rental Trailer User Instructions and/or videos provided by ACG Rental Trailer before and while operating the trailer or equipment, including instructions on attaching the trailer or equipment to their Tow Vehicle. The Customer acknowledges and agrees to provide to and ensure all Authorized Drivers fully read, understand, and comply with applicable ACG Rental Trailer User Instructions and videos before and while operating the trailer or equipment. The Customer agrees to assume full responsibility for properly attaching the trailer or equipment to their Tow Vehicle.
16. Equipment Return; Disposal of Cargo: The Customer is solely responsible for ensuring the return of trailer or equipment at the time, to the place, in the condition agreed to, stated and agreed to on the ACG Rental Trailer Rental Contract. The failure to timely return the trailer or equipment as agreed, without extending the rental, shall constitute theft, conversion, or another crime, subject to applicable law. AFTER-HOURS RETURN. The Customer understands and agrees the trailer or equipment returned after business hours will result in a $20 convenience fee being charged. The Customer understands and agrees that any operation of the trailer or equipment outside of the time agreed and stated is without ACG Rental Trailer's consent and additional charges will be assessed (if applicable, including Damage Waiver fees). The Customer agrees the Customer is responsible for any loss or damage to the trailer or equipment, including loss or damage caused by any Authorized Driver, and any remaining portion of their estimated charges will be applied toward the loss or damage if Damage Waiver is not purchased. The Customer's failure to return the trailer or equipment as agreed will result in ACG Rental Trailer incurring damages. The Customer expressly authorizes ACG Rental Trailer or its agent to apply any and all additional charges, including for lost rental revenue and loss or damage, on the credit card used to reserve the trailer or equipment or pay for the rental. The Customer understands and agrees that failure to pay for loss, damage, or additional charges may result in ACG Rental Trailer or its agent reporting the Customer to one or more credit reporting and/or collection agencies. In the event ACG Rental Trailer or its agent is required to recover the trailer or equipment, ACG Rental Trailer or its agent will provide the Customer notice of the recovery at the contact information provided at the time of reservation or rental. Notice shall be provided by text, e-mail, and/or phone to all contact information provided. Upon ACG Rental Trailer's or its agent's service of notice, the Customer shall contact ACG Rental Trailer or its agent within 72 hours to make arrangements for removal of Cargo, if any. If the Customer does not contact ACG Rental Trailer or its agent within that time, the Customer understands and agrees ACG Rental Trailer or its agent will dispose of all Cargo in a means and manner at ACG Rental Trailer’s or its agent's sole discretion and cost. The Customer and any authorized driver understand and agree that ACG Rental Trailer is not a bailee of Cargo and that ACG Rental Trailer does not accept control, custody, or responsibility for the care of Cargo.
17. Speed Limit Compliance: The Customer acknowledges and agrees to strictly adhere to all posted speed limit signs and regulations during the rental period. Exceeding the posted speed limits can lead to significant potential damage to the trailer or equipment. The Customer shall be solely responsible for any and all damages resulting from exceeding the posted speed limits. The Customer agrees to cover all repair costs, including but not limited to, mechanical, structural, and cosmetic damages to the trailer or equipment caused by such actions. ACG Rental Trailer reserves the unequivocal right to terminate this agreement and rental contract immediately, without prior notice or refund, if it is determined that the Customer has exceeded the posted speed limits at any time during your rental period. In the event of such termination, the Customer shall bear full financial responsibility for the remainder of the rental period, including any additional charges incurred due to early termination. The ACG Rental Trailer may utilize GPS or other tracking devices to monitor speed and compliance with this clause. The Customer consents to such monitoring and agrees to comply with all regulations to ensure the safety and integrity of the rental vehicle.
18. Tolls: The Customer is responsible for payment of all tolls incurred during the rental period. ACG Rental Trailer does not offer any service that allows Customers to use electronic toll lanes on highways, bridges, tunnels, and other tolled passages. All ACG Rental Trailer the trailer or equipment are not pre-equipped to electronically process tolls. Toll violations will result in an administrative fee not to exceed $50 per toll issuer. THE CUSTOMER CAN AVOID THE CONVENIENCE FEE AND ANY OTHER TOLL CHARGES BY PAYING THE TOLL IN CASH, USING THE CUSTOMER’S OWN ELECTRONIC TOLL DEVICE, OR AVOIDING ANY CASHLESS TOLL ROAD OR PASSAGE. Unless the Customer directly pays the toll as described below, the Customer agrees to pay the fees and tolls described herein if the Customer drives through an electronic toll: (a) Toll fees (Standard) - If the Customer uses toll lanes on highways, bridges, tunnels, and other tolled passages at any time during the Customer’s rental, the Customer agrees to pay a convenience fee of $6.95 for each day on which the Customer incurs a toll up to a maximum amount of $34.95 per rental period (not to exceed 30 days). In addition, the Customer will pay all tolls incurred at the maximum prevailing non-discounted or cash rates posted by the toll authority, regardless of the actual toll amount. (b) Congestion Pricing Toll - In areas where congestion pricing is in effect, such as the Congestion Relief Zone in Manhattan, the Customer is responsible for payment of the applicable congestion pricing toll at the highest prevailing rate and agree to pay a $1.95 convenience fee for each congestion pricing toll the Customer incurs during the Customer’s rental. The congestion pricing toll and convenience fee are billed separate and apart from fees and tolls as described in Section 18(a). (c): Video-Plate-Based Electronic Tolling - If the Customer does not pay cash for tolls at an issuer-designated toll payment station, or if the roadway does not accept cash payment, once the Customer passes through an in-network electronic toll, a photo will be taken of the license plate and the Customer automatically accept liability for all fees and tolls. (d) Third Party Collection and/or Administrative Agent - In the event ACG Rental Trailer uses a third-party collection and/or administrative agent, the Customer agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest. The Customer authorizes ACG Rental Trailer to release the rental and credit/debit card information regarding the Customer’s rental to ACG Rental Trailer’s selected third-party collection and/or administrative agent as ACG Rental Trailer’s agent for the purpose of processing and billing the Customer for tolls and toll violations incurred by the Customer or assessed against ACG Rental Trailer or the trailer or equipment during your rental. The Customer authorizes ACG Rental Trailer’s selected third-party collection and/or administrative agent as an ACG Rental Trailer agent to bill the credit/debit card the Customer used to rent the vehicle or the Customer will be invoiced in the absence of a card on file. The Customer authorizes ACG Rental Trailer’s third-party collection and/or administrative agent to contact the Customer directly regarding any tolls, toll violations, tickets, citations, fines and penalties incurred by the Customer or assessed against ACG Rental Trailer or to ACG Rental Trailer’s trailer or equipment while the trailer or equipment was rented to the Customer. The Customer agrees to indemnify and hold ACG Rental Trailer and ACG Rental Trailer’s third-party collection and/or administrative agent harmless for any tolls, tickets, citations, fines, penalties and administrative fees.
19. Repossessing The Equipment: ACG Rental Trailer may terminate this agreement and repossess the trailer or equipment at any time in ACG Rental Trailer’s sole discretion for reasons that include, but are not limited to the following: whenever we find it, without notice to the Customer, if it is found illegally parked, being used in violation of the law or the terms of this agreement (such as if ACG Rental Trailer learns that the equipment was obtained upon the basis of false or misleading information, or the Customer attempts to transfer the trailer or equipment), or if the trailer or equipment appears to be abandoned or ACG Rental Trailer is notified that the trailer or equipment is about to be towed, impounded or damaged in any way or if the trailer or equipment is being used in a manner likely to cause reputational harm to ACG Rental Trailer. All costs and expenses of ACG Rental Trailer having to repossess the trailer or equipment, such fines, towing, impound fees and reasonable attorney fees will be the Customer’s sole responsibility and the Customer will pay ACG Rental Trailer for such fines, towing, impound fees and reasonable attorney fees. If the Customer does not return the trailer or equipment in the time specified for its return, or sooner on our demand, or if ACG Rental Trailer learns that the trailer or equipment was obtained upon the basis of false or misleading information, we may consider the trailer or equipment converted or stolen by the Customer and take any legal action to recover it without any notice, or further notice, to the Customer.
20. Towing/Impound/Vehicle Delivery Fees: The Customer will be charged actual towing charges and a commercially reasonable administrative charge. If the customer returns the trailer or equipment to a location different from the location where the rental began (even if it is the Designated Return Location), ACG Rental Trailer may charge an additional fee. If the trailer or equipment is not returned as required by this Agreement, in addition to any continued accrual of daily charges and late fees until ACG Rental Trailer locates and takes possession of the trailer or equipment, ACG Rental Trailer may charge reasonable costs ACG Rental Trailer incurs in releasing the trailer or equipment from impound or storage and/or towing or delivering the trailer or equipment from where it was recovered.
21. Use of GPS Tracking Devices: ACG Rental Trailer uses GPS tracking devices to track or locate equipment which may be deemed missing, abandoned or otherwise reported stolen, suspected of being stolen or as may be required by law enforcement, or to identify equipment which have been damaged and may require roadside assistance, when we a good faith belief that there is an emergency that poses a threat to the safety of your or another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. In addition, if equipped and where permitted by law, the GPS device in the equipment, in connection with your smart phone, may also be used to process the rental including when your rental may start, when it may end, the mileage on the equipment. Reasons as described in Section 17.
22. Name and Likeness: The Customer hereby assigns, and grants to ACG Rental Trailer all right, title, and interest to and permission, but not the obligation, and at no cost to ACG Rental Trailer, to copyright, use, publish, authorize others to use, and republish the Customer’s name(s) and likeness, voice, image, photograph, picture, personal characteristics, signature, actual or simulated likeness, expressions, performance, attributes, personal experiences, and biographical information (collectively “Name and Likeness”) in, and in connection with, the advertising, publicity, promotion, merchandising, exhibition and other exploitation of the Customer’s Name and Likeness, any and all media or distribution now known or hereafter developed taken or recorded during transaction(s), interaction(s), or dealing(s) with ACG Rental Trailer including but not limited to electronic, digital, or conventional, blurred, altered, or distorted. in color or black and white, video or otherwise art, trade, internal distribution or any other lawful purpose in any lawful manner anywhere in the world, the world wide web, and/or throughout the known universe; and all Content in all versions and formats and the businesses, services, programs or products of ACG Rental Trailer, and their licensees, sublicensees, assigns, advertisers and sponsors (including all advertising, publicity, promotion, and materials associated therewith), in any manner, in any and all media and by any means now known or later devised (including, but not limited to, use in and in connection with publishing, by-products, tie-ins, merchandise, commodities, in non-traditional digital advertising media, including, without limitation, in connection with non-fungible tokens, and reproduced for digital games and services of every kind) and no payment shall be required for any such uses; provided however that ACG Rental Trailer shall not use such name and likeness in a manner substantially inconsistent with the current use of my name and likeness. The Customer hereby waves any right, title, and interest to inspect or approve any final product using the Customer Name and Likeness. The Customer hereby releases and discharges ACG Rental Trailer from any and all actions, claims, and demands of any nature which the Customer may have any time now or in the future arising of or related to the right, title, and interest to and permission granted above for the Customer’s Name and Likeness. The Customer does so now and henceforth going forward in perpetuity for all time. The right, title, and interest to, granted hereunder shall survive any expiration or termination of this Agreement.
23. Fines, Expenses, Costs, and Administrative Fees: The Customer agrees to pay all fines, tickets, penalties, and court costs (including on appeal) for parking, traffic, red-light, toll and other violations, including storage liens and charges, if assessed directly against the Customer or ACG Rental Trailer. The Customer also agrees that ACG Rental Trailer may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction. To the extent any tickets, citations, fines, penalties, or administrative fees are assessed against ACG Rental Trailer because of the operation or use of the trailer or equipment from the time the Customer takes possession of it until it is returned to ACG Rental Trailer, the Customer agrees to indemnify ACG Rental Trailer from all resulting damages, losses, costs, and expenses. ACG Rental Trailer has no obligation to contest or otherwise defend the Customer against any alleged infraction. The Customer agrees that ACG Rental Trailer may, in ACG Rental Trailer’s sole discretion, if Applicable Law allows the fine to be assessed against ACG Rental Trailer or the trailer or equipment, pay all tickets, citations, fines, and penalties on the Customer’s behalf directly to the issuing authority and charge the Customer unilaterally for the fine or penalty, plus court costs, attorneys’ fees, bonds or sureties, or other costs incurred by ACG Rental Trailer as a result, including but not limited to impound fees or other costs to recover possession of the trailer or equipment. ACG Rental Trailer may also charge the Customer a reasonable administrative fee, to the extent permitted by Applicable Law, for each infraction, not to exceed the lesser of $25 or 10% of the amount ACG Rental Trailer incurs. The Customer is strongly encouraged to promptly pay all fines, penalties, court costs, monetary assessments, fees, surcharges, or other charges assessed against the Customer directly to the court, county government, or other appropriate government agency, and to provide proof of payment to ACG Rental Trailer, to avoid these additional charges.
24. Modifications: No term of this Agreement can be waived or modified except by a writing that ACG Rental Trailer has signed. This Agreement constitutes the entire agreement between ACG Rental Trailer and the Customer. All prior representations and agreements between the Customer and ACG Rental Trailer regarding this rental are merged into this Agreement.
25. Waiver: A waiver by ACG Rental Trailer of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of the Customer’s obligations under this Agreement. ACG Rental Trailer’s acceptance of payment from the Customer or ACG Rental Trailer’s failure, refusal or neglect to exercise any of ACG Rental Trailer’s rights under this Agreement does not constitute a waiver of any other provision of this Agreement. The Customer releases us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a trailer or equipment.
26. Arbitration: The Customer acknowledges and agrees that these terms include the arbitration agreement, available at acgrentaltrailer.com/pages/arbitration and incorporated herein by reference, that governs any disputes between customer and company. This arbitration agreement will: eliminate customer's right to a jury trial; and substantially affect customer's rights, including preventing customer from bringing, joining, or participating in class action or consolidated proceedings.
27. Material Representations; Material Breach: the Customer agrees that all the information provided to ACG Rental Trailer for the purposes of reserving and renting the trailer or equipment is true and correct. Any such misrepresentation is a Material Breach of these Terms and may subject reservation or rental to immediate cancellation and may void any coverage provided or purchased.
28. Severability: If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.