This Rental Agreement (this "Rental Agreement") is made and entered into by and between RoundAbout Labs LLC (the "Lender"), and _________________ (the "Borrower"). By clicking the "Accept" button or checking the appropriate box to accept this Rental Agreement, the Borrower acknowledges that it shall, and agrees to be bound by, and be subject to, this Rental Agreement, the date of which shall be considered the "Effective Date" of this Rental Agreement. Each of the parties hereto is sometimes referred to herein, individually, as a "Party", and, collectively, as the "Parties".

1. Rental Terms

• Subject to the terms and conditions of this Rental Agreement and any associated rental form describing the applicable items and the amount of time such Rental Inventory will be rented for and which incorporates the terms of this Rental Agreement (each, a "Rental Form"), the Lender agrees to rent to the Borrower, and the Borrower agrees to rent from the Lender, the Rental Inventory. This includes all replacements, parts, additions, accessories, and substitutions associated with the Rental Inventory. The Rental Form is as displayed on your personalized payment page. In the event of any conflict between the terms of this Rental Agreement and those of a Rental Form, the terms of this Rental Agreement shall prevail.
• For purposes of this Rental Agreement, Rental Inventory refers to any functionally integrated and independently marketable unit or group of Rental Inventory subject to rental under this Rental Agreement. Each Rental Form shall be treated as a separate and independent transaction, creating distinct obligations for the Borrower.
• References to "this Rental Agreement," "the Rental Agreement," "hereof," "herein," or "hereunder" shall include this Rental Agreement, all Rental Forms incorporating its terms, and any related exhibits, schedules, addenda, riders, certificates, or other documents executed in connection with this Rental Agreement, as amended from time to time.
• While this Rental Agreement remains in effect, the Borrower may rent and return various Rental Inventory on a revolving basis by executing one or more Rental Forms with the Lender. Each Rental Form shall specify the Rental Inventory being rented and the applicable terms.
• The specific Rental Inventory to be provided under each Rental Form shall be clearly identified therein. No Rental Form shall be binding on Lender unless and until it is accepted by both Parties.
• The rental period ("Rental Period") for each Rental Inventory shall begin on the date specified as the "Rental Date" and end on the "Return Date," as set forth in the applicable Rental Form. The Renter shall have the right to possess and use the Rental Inventory only during the Rental Period, unless extended in writing by mutual agreement of the Parties.
• The Rental Inventory shall be deemed received and accepted by the Borrower on the Rental Date, at the time specified in the Rental Form. The Borrower is responsible for returning the Rental Inventory on or before the Return Date. Any extension of the Rental Period must be agreed to in writing by both Parties.
• The Borrower acknowledges that certain Rental Inventory may be subject to additional terms, conditions, or usage requirements. In such cases, the Parties shall execute supplemental riders or addenda specific to the Rental Inventory in question, which shall be incorporated into and governed by this Rental Agreement.

2. Rental of Rental Inventory

The Lender acknowledges, agrees, represents, warrants, and covenants to the Borrower that:

• The Lender has inspected (or will inspect prior to Borrower taking possession) the Rental Inventory to confirm that it is in good condition, without defects and is suitable for such Rental Inventory's intended use, as understood by the manufacturers of such Rental Inventory;
• The Lender shall maintain proper levels of fuel, oil, lubrication, and other consumables required or recommended by the manufacturer for the Rental Inventory. However, the Lender may not provide all consumables necessary for operation. Borrowers are responsible for reviewing the detailed description of each item in the Rental Inventory on the Lender's website to determine which consumables are included and which must be supplied by the Borrower. Examples of consumables that may need to be provided by the Borrower include, without limitation, sandpaper, drill bits, saw blades, and batteries.
• The Lender has performed routine inspections of the Rental Inventory so as to ensure proper performance of the Rental Inventory in accordance with the manufacturer's specifications;
• The Lender will keep the Rental Inventory free and clear of all liens, charges, and encumbrances for as long as the Lender owns such Rental Inventory;
• The Lender will not alter or cover up any decal or insignia on the Rental Inventory, or remove any operational or safety instructions; and
• The Lender has not and will not rent any Rental Inventory upon the basis of false or misleading information or through any fraudulent or unlawful act.

3. Use of Rental Inventory

The Borrower acknowledges, agrees, represents, warrants, and covenants to the Lender that:

• The Borrower shall use the Rental Inventory solely for its customary purpose and in compliance with all operating and safety instructions. If the Rental Inventory appears unsafe, becomes unfit, or enters a state of disrepair, the Borrower shall immediately discontinue use.
• The Borrower will use the Rental Inventory in a good and careful manner and will comply with all of the manufacturer's recommendations respecting the operation, safety, and maintenance of the Rental Inventory;
• The Borrower will inspect the Rental Inventory before its use so as to confirm the Rental Inventory is in good condition, free of defects, and suitable for the intended use.
• The Borrower will use the Rental Inventory solely for its intended and customary purpose, in accordance with all operating and safety instructions, and will immediately discontinue use if the Rental Inventory becomes unsafe or in disrepair.
• The Borrower will maintain proper levels of fuel, oil, lubrication, and other consumables as recommended by the manufacturer, and perform routine inspections including checks for leaks, cooling systems, batteries, cutting edges, and cleanliness.
• The Borrower will store the Rental Inventory in a safe and secure location when not in use.
• The Borrower will use the Rental Inventory with the highest standard of care and in compliance with all applicable laws and regulations.
• The Borrower will obtain and maintain all necessary permits and licenses required for the operation of the Rental Inventory.
• The Borrower will maintain possession of the Rental Inventory at all times during the rental period and will not sublease, sell, or assign the Rental Inventory or this Agreement.
• The Borrower will keep the Rental Inventory free and clear of all liens, charges, and encumbrances, and will not pledge the Rental Inventory as security or collateral.
• The Borrower will not alter or modify the Rental Inventory in any manner and shall take care not to damage the Rental Inventory's functionality or value.
• The Borrower will not remove, alter, or obscure any decals, insignia, operational/safety instructions, or identifying marks affixed to the Rental Inventory.
• The Borrower will not use the Rental Inventory in a negligent, illegal, unauthorized, or abusive manner, and will not operate the Rental Inventory while intoxicated or under the influence of any impairing substance.
• The Borrower will not aid or permit vandalism or theft of the Rental Inventory, and will take such care so as to proactively prevent any vandalism or theft of the Rental Inventory.
• The Borrower will not remove, operate, or utilize the Rental Inventory outside of the United States without prior written consent.
• The Borrower affirms that the rental is not based on false or misleading information and has not been obtained through fraudulent or unlawful means.

The Borrower further acknowledges and agrees that:

• The Lender has no control over the manner in which the Rental Inventory is utilized or operated by Borrower during the Rental Period;
• The Lender is not responsible for providing the operator or any others training in connection with the Rental Inventory; and
• The Lender has no responsibility for servicing or maintaining any Rental Inventory during the Rental Period, while it is in the Borrower's possession.
• The Borrower is solely and exclusively responsible for the use or misuse of the Rental Inventory (including any acts or omissions in connection with the Rental Inventory and consequences resulting from use of the Rental Inventory inconsistent with the representations and warranties in Section 3 above).

4. Payment

• The Borrower agrees to pay the Lender, in full, the amount specified in each Rental Form for the use of the Rental Inventory listed therein (the "Rental Fee").
• The Rental Fee shall be due and payable in full on the Rental Date for the entire duration of the Rental Period. However, the Lender may, at its sole discretion, defer collection of the Rental Fee or a portion thereof to a later date, including, for example, after the Return Date.
• The Lender may, at its discretion, require the Borrower to provide a refundable deposit of One Hundred Dollars USD ($100.00) (the "Security Deposit") on the Rental Date, prior to taking possession of the Rental Inventory, as specified in the applicable Rental Form. The Borrower expressly authorizes the Lender to apply the Security Deposit toward any loss, damage, or failure to return the Rental Inventory. The Lender will refund any remaining balance of the Security Deposit, less applicable deductions, within thirty (30) days following the Return Date.
• The Borrower shall provide the Lender with valid credit card information as requested on the Rental Form (the "Payment Card"). The Borrower expressly authorizes the Lender to charge the Payment Card for all amounts due under this Rental Agreement, including but not limited to Rental Fees, Security Deposits, administrative charges, and any fines or penalties related to traffic violations or citations.
• If any Rental Fee or other amount due under this Rental Agreement is not paid within twenty-four (24) hours of its due date, the Borrower shall incur administrative and late fees as set forth in the applicable Rental Form.
• The Borrower must notify the Lender in writing of any disputed charges, including those made to the Payment Card, within twenty-five (25) days of the Return Date for the applicable Rental Form and Rental Inventory. Failure to do so shall constitute a waiver of the Borrower's right to dispute such charges. The Borrower shall also be responsible for all direct costs of collection, including reasonable attorney's fees, court costs, and interest at the highest rate permitted by law on any past-due amounts.

5. Term and Termination

5.1 Rental Agreement Term

This Rental Agreement shall commence on the Effective Date set forth below and shall remain in effect for the duration specified in the applicable Rental Form, unless terminated earlier in accordance with the terms of this Rental Agreement (the "Term"). Upon completion of the Term, this Rental Agreement shall not automatically renew for any subsequent term unless expressly stated otherwise in writing within the Rental Form.

5.2 Rental Form Term

Each Rental Form issued under this Rental Agreement shall remain in effect for the duration of the Rental Period specified therein. The Borrower acknowledges and agrees that the obligations associated with each Rental Form are binding for the entirety of the stated Rental Period, unless otherwise modified or terminated in accordance with the terms of this Rental Agreement. Any extension, renewal, or early termination of a Rental Form must be agreed to in writing by both Parties and documented within the applicable Rental Form or an authorized amendment thereto.

5.3 Lender Termination for Convenience

The Lender reserves the right to terminate this Rental Agreement, in whole or in part, at any time and for any reason, by providing the Borrower with at least ten (10) days' prior written notice (a "Lender Convenience Termination"). Upon the effective date of such termination, the Borrower shall no longer be permitted to request or rent any Rental Inventory from the Lender or enter into any new Rental Agreements or Rental Forms. Notwithstanding the foregoing, any Rental Forms that are active and in effect as of the date of the Lender Convenience Termination shall remain valid and enforceable for the remainder of their respective Rental Periods, and shall continue to be governed by the terms and conditions of this Rental Agreement.

5.4 Termination For-Cause

The Lender shall have the right to terminate this Rental Agreement, including, without limitation, the all Rental Forms then in effect, immediately upon determining, in its sole discretion, that the Borrower has breached any term of this Rental Agreement, including, but not limited to, any payment obligations (a "For-Cause Termination"). In the event of a For-Cause Termination, this Rental Agreement shall terminate immediately, along with all active Rental Forms and their respective Rental Periods. Accordingly, the Borrower shall: (i) promptly return all Rental Inventory in its possession to the Lender without delay; and (ii) immediately pay all outstanding Rental Fees owed to the Lender, which shall be deemed accelerated and due in full upon termination. The Borrower expressly agrees and acknowledges that it is not entitled to any notice of default or notice of enforcement action by the Lender, except as expressly provided for in this Rental Agreement.

5.5 Borrower Termination

The Borrower shall have the right to terminate this Rental Agreement if the Lender materially breaches any term of this Rental Agreement and does not or is not able to cure such breach within fourteen (14) days of notice of such breach by the Borrower. Upon such termination, the Borrower shall promptly return all Rental Inventory in its possession to the Lender without delay and shall pay all outstanding Rental Fees owed to the Lender that are not subject to a good faith dispute.

6. Possession of Equipment

• No right, title, or interest in the Rental Inventory shall pass to the Borrower other than the right to maintain possession and use of the Rental Inventory for the Rental Period (provided no breach of this Rental Agreement has occurred). The Rental Inventory shall always remain personal property even though the Rental Inventory may hereafter become attached or affixed to real property. The Borrower agrees to give and record such notices and to take such other action at its own expense as may be necessary to prevent any third party (other than anyone claiming by, through, or under the Lender, including, but not limited to, an assignee of the Lender) from acquiring or having the right under any circumstances to acquire any interest in the Rental Inventory, this Rental Agreement or any additional collateral given in connection with this Rental Agreement.
• Upon the Rental Date, the Lender shall deliver possession of the Rental Inventory, or otherwise arrange for the pick-up or delivery of the Rental Inventory, at such time mutually agreed upon and at such location designated within the Rental Form.
• Prior to or upon receipt of possession of the Rental Inventory, the Borrower shall be permitted to inspect the Rental Inventory. Any damage to the Rental Inventory, including issues with the Rental Inventory's performance, shall be documented in writing by the Borrower and promptly provided to the Lender (the "Documented Damage"). Throughout the Term and upon return of the Rental Inventory, the Borrower shall not be responsible, or otherwise liable to the Lender, for such Documented Damages to the Rental Inventory.

7. Return of Rental Inventory

• On or before the designated Return Date, and, if applicable, by the time specified in the corresponding Rental Form, the Borrower shall make the Rental Inventory available for pickup by RoundAbout at the Borrower's address as entered on the Rental Form. The Rental Inventory must be returned in the same condition as when it was received, subject only to reasonable wear and tear.
• If the Rental Inventory is not returned by the end of the business day on the Return Date, or if the Lender determines in its sole discretion that the Rental Inventory is no longer in the Borrower's possession, the Borrower shall be deemed unlawfully in possession of the Rental Inventory. In such cases, the Borrower will incur late fees as specified in the Rental Form for each day the equipment remains unreturned. If the Rental Inventory is not returned within 5 days after the Return Date, the Lender may pursue applicable legal remedies, including recovery of the equipment and associated costs.
• Select Rental Inventory may be equipped with a telematics device that enables Lender to monitor its usage and location. The Lender may use the data collected for purposes including, but not limited to: locating lost or stolen Rental Inventory; analyzing and improving its rental program; enforcing the terms of this Rental Agreement; and providing support, assistance, or services to the Borrower. The Lender may share this data with third-party service providers and, as deemed necessary, to comply with legal processes or governmental requests, or to protect the Lender's rights and property.
• The Borrower agrees to promptly complete incident reports, provide the Lender with copies of all related documentation, and fully cooperate with the Lender's investigation of any vandalism, theft, accident, claim, or legal proceeding involving the Rental Inventory. This obligation to cooperate does not create any duty or obligation for the Lender to defend or indemnify the Borrower in connection with such matters.

8. Rental Inventory Damage and Repairs

8.1 Damage

Regardless of fault, the Borrower is responsible for all loss of, and damage to, any Rental Inventory (including loss or damage due to normal use, caused by theft, abuse, misuse, neglect, or intentional acts). The Borrower is responsible for the Lender's loss of use and any administrative charges for expenses associated with processing any loss and damage claims.

8.2 Repairs

The Borrower agrees to pay for and/or reimburse the Lender for all costs and expenses resulting from Rental Inventory returned with damage. The Lender shall, at its sole option, repair or replace the damaged Rental Inventory, provided that the costs charged to the Borrower shall be the lesser of (i) cost of repair; or (ii) cost of replacement of the damaged Rental Inventory with an item that is as close to a direct replacement as possible. All maintenance or repairs must be performed by or at the direction of the Lender.

9. Borrower's Representations and Warranties

The Borrower represents, warrants, and covenants to the Lender that: (i) the Borrower has full authority to enter into this Rental Agreement; (ii) this Rental Agreement constitutes a legal, valid, and binding obligation of the Borrower, enforceable in accordance with its terms; (iii) the Borrower has not and will not, directly or indirectly, create, incur, or permit to exist any lien, encumbrance, mortgage, pledge, attachment, or security interest on or with respect to any Rental Inventory or this Rental Agreement; and (iv) the Rental Inventory will be used solely in connection with its intended purpose.

10. Lender's Representations and Warranties

The Lender represents and warrants that (i) it is the owner of, or otherwise has the right to lend out, the Rental Inventory, free and clear of all liens and encumbrances; (ii) it has the right and authority to enter into this Rental Agreement; (iii) entering into this Rental Agreement will not constitute a breach of any agreement to which the Lender is a party; and (iv) upon delivery, the Rental Inventory will be in good working order and condition, of merchantable quality and fit for its intended purpose.

11. Indemnity

The Borrower assumes all risks of liability and hereby agrees to indemnify, defend, and hold harmless the Lender, its parent entities, subsidiaries, affiliates, and each of their respective shareholders, members, directors, managers, officers, employees, and agents from and against any and all liabilities, losses, damages, claims, and expenses (including attorneys' fees and other legal costs) arising out of or relating to: (i) the use or misuse of the Rental Inventory by the Borrower, its agents, or any third party to whom the Borrower provides access to the Rental Inventory; (ii) any loss of or damage to the Rental Inventory; (iii) the shipment and delivery of the Rental Inventory to the Borrower, as well as its acceptance, rejection, ownership, titling, registration, leasing, possession, operation, use, return, or other disposition, including, without limitation, any liabilities arising from patent or latent defects in the Rental Inventory (whether or not discoverable by the Borrower), claims based on strict tort liability or breach of warranty, and claims involving patent, trademark, or copyright infringement; (iv) any negligent, willful, fraudulent, unlawful, or otherwise improper acts or omissions of the Borrower or its agents; and (v) any third-party claims against the Lender resulting from death, personal injury, or property damage caused by the Borrower or its agents.

12. Liability

IN NO EVENT SHALL THE LENDER, ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OR ANY OF ITS OR THEIR SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR LOSS OF LIFE), WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS RENTAL AGREEMENT. THIS INCLUDES, WITHOUT LIMITATION, ANY DEFECT IN OR MECHANICAL FAILURE OF THE RENTAL INVENTORY (HOWEVER ARISING AND OF WHATEVER NATURE), OR THE FAILURE OF THE LENDER TO DETECT DEFECTS IN OR MECHANICAL PROBLEMS WITH THE RENTAL INVENTORY. SUCH LOSS OR DAMAGE MAY RESULT FROM BREACH OF CONTRACT, VIOLATION OF LAW (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND MAY BE SUFFERED BY THE BORROWER OR ANY THIRD PARTY. THE LENDER'S TOTAL AGGREGATE LIABILITY TO THE BORROWER UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF RENTAL FEES ACTUALLY RECEIVED BY THE LENDER FROM THE BORROWER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Miscellaneous

13.1 Authority

Each Party hereto warrants that such Party has the ability and authority to lawfully enter into this Agreement.

13.2 Governing Law

This Agreement and any actions taken hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, applied without regard to conflicts of law principles.

13.3 Security Interest

The Lender hereby retains a security interest in all Rental Inventory subject to and more specifically described in this Rental Agreement, including, without limitation, those identified in any applicable Rental Forms, in which the Borrower now has or may hereafter acquire any rights. This security interest extends to all parts, accessories, accessions, and attachments to such Rental Inventory, as well as all replacements, substitutions, and exchanges (including trade-ins) related thereto. Where applicable, the Lender shall hold a purchase money security interest in any Rental Inventory provided under this Agreement that qualifies as such pursuant to Section 1-201(37) of the Uniform Commercial Code ("UCC").

13.4 Mandatory Binding Arbitration

Any controversy or claim arising out of or relating to this Rental Agreement--including its breach, termination, or validity--shall be resolved exclusively through final and binding arbitration administered by JAMS. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the "Arbitrator") appointed in accordance with the then-prevailing JAMS rules for commercial arbitration. The arbitration shall take place in Atlanta, Georgia, and shall be conducted in the English language. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. The Parties shall attempt to mutually agree on the appointment of the Arbitrator. If the Parties are unable to reach agreement within fifteen (15) days of initiating arbitration proceedings, JAMS shall appoint the Arbitrator in accordance with its rules. The Arbitrator shall have exclusive authority to determine issues of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and shall have the power to grant permanent equitable relief.

13.5 Notice

The Lender may deliver any notices to the Borrower using any method it deems appropriate. If the Borrower has provided the Lender with an email address, the Lender may send notices via email, and such email communications shall constitute valid and effective notice for purposes of this Rental Agreement. All notices to the Lender must be delivered via the email address set forth on the Rental Form. Such notices shall be deemed received only upon actual receipt and acknowledgment by the Lender.

13.6 Assignment

The Lender may assign this Rental Agreement, along with its rights and obligations hereunder, to its parent, subsidiary, affiliate, joint venture, successor, or any third party at any time, in its sole discretion, and without notice to or consent from the Borrower. The Borrower may not assign or delegate this Rental Agreement or any of its rights or obligations under it without the prior written consent of the Lender, which may be granted or withheld at the Lender's sole discretion.

13.7 Successors and Assigns

This Agreement shall inure to the benefit of the Lender and be binding upon any successor in interest of the Lender.

13.8 Severability

Each provision of this Rental Agreement shall be deemed a separate and independent covenant. If any provision or covenant of this Rental Agreement is determined to be invalid, illegal, or unenforceable under applicable law, such determination shall not affect the validity or enforceability of the remaining provisions. To the extent permitted by law, any invalid or unenforceable provision shall be reformed, construed, or modified to the minimum extent necessary to render it valid and enforceable, while preserving its original intent as closely as possible.

13.9 Amendment and Modification; Waiver

This Rental Agreement may be amended, modified, or supplemented only by a written agreement signed by both Parties. No waiver of any provision of this Rental Agreement shall be effective unless expressly set forth in writing and signed by the Party granting the waiver. Except as otherwise provided herein, the failure of either Party to exercise, or any delay in exercising, any right, remedy, power, or privilege under this Rental Agreement shall not operate as a waiver thereof. Likewise, any single or partial exercise of any right, remedy, power, or privilege shall not preclude any further or future exercise of that right or the exercise of any other right, remedy, power, or privilege.

13.10 Headings

The headings and captions used in this Rental Agreement are for convenience of reference only and shall in no way define, limit, expand or otherwise affect the meaning or construction of any provision of this Rental Agreement. Use of the singular or plural number, or masculine, feminine or neutral gender, shall include all other appropriate counterpart references.

13.11 Entire Agreement; Integration

This Rental Agreement constitutes the entire agreement between the Lender and the Borrower with respect to the subject matter of this Rental Agreement and supersedes any prior agreements or understandings between the parties.

14. Contact Information

For questions or support related to this Rental Agreement, contact us at:

Email: support@tryroundabout.com
Mail: RoundAbout Labs LLC
6725 Center Grove St.
Cumming, GA 30040