1. Definitions

“Agreement” means all terms in this contract.
“Renter / You” means the individual or business renting the trailer, including authorized drivers.
“Lessor / We / Us” means GKW Enterprises LLC DBA GKW Trailer Rentals of NWFL.
“Trailer” means the rented trailer and any replacement.
“Loss of Use” means daily rental rate multiplied by the days the trailer is unavailable.
“Diminished Value” means any reduction in market value after damage.
“Accessories” means all equipment included with the rental.

2. Rental Terms and Indemnity

You are renting the trailer only; ownership remains with us.
We may repossess the trailer at your expense if abandoned, impounded, misused, or used in violation of this Agreement.
You agree to indemnify and hold us harmless from all claims, damages, or attorney fees arising from your use of the trailer.
The parties waive any right to a trial by jury in any action arising from or related to this Agreement.
No warranties are provided.

3. Condition, Inspection, and Return

You acknowledge the trailer and accessories are received in good condition.
You must return the trailer in the same condition, except for normal wear.
After-hours returns remain your responsibility until inspected.
No repairs or service may be performed without our approval.

3A. Contactless Pickup and Return

The Renter agrees that pickup and/or return of the trailer may occur without a representative of the Lessor present (“contactless exchange”).

By taking possession of the trailer, the Renter acknowledges that they have had a reasonable opportunity to inspect the trailer and accept it in its then-existing condition. Any undisclosed defects must be reported to the Lessor before moving the trailer.

For contactless returns, the trailer remains in the Renter’s custody and responsibility until the Lessor completes a post-return inspection, regardless of where the trailer is parked or stored.

The Renter agrees that photos, video, GPS records, and/or inspection notes made by the Lessor may be used to document condition at pickup and return.

The absence of a joint walkthrough does not waive the Renter’s responsibility for damage, loss, missing accessories, or cleaning.

4. Accessories Provided and Replacement Costs

By renting, you agree to return all items or pay the following replacement costs:

-Ratchet Straps (each): $20
-Bottle Jack: $50
-Spare Tire: $250
-Winch with Wireless Remote: $450
-Binders (each): $50
-Chains (each): $70

5. Coupling and Decoupling Responsibilities

You must:
Properly secure the hitch, coupler, safety chains, and electrical connections.
Safely decouple the trailer upon return.
Inspect all coupling components before each trip.
Not modify or repair the coupling system without approval.
You accept full responsibility for damage or injury caused by improper coupling or decoupling.

6. Responsibility for Damage or Loss

You are responsible for all damage, loss, or theft, including damage caused by:

-Weather
-Road conditions or hazards
-Acts of nature
-Improper loading or unsecured cargo
-Mechanical failure due to misuse
-Negligence or reckless behavior

You are responsible for:
-Loss of Use
-Diminished Value
-Missing equipment
-Administrative fees related to claims
All accidents must be reported to us and law enforcement within 24 hours.

6B. Responsibility When Using Rental or Third-Party Tow Vehicles

If the Renter uses a rental vehicle, borrowed vehicle, employer vehicle, or any vehicle not owned by the Renter to tow the trailer, the Renter remains fully and solely responsible for any and all damage, loss, theft, or impairment to the trailer, including:

Cost of repairs

Loss of Use

Diminished Value

Recovery, storage, or impound fees

Administrative and processing fees

Any applicable insurance deductibles

The Renter’s responsibility applies regardless of whether the towing vehicle’s insurance, rental company, or third-party insurer denies coverage, limits coverage, delays payment, or disputes liability.

Disputes with a rental vehicle company or its insurer do not relieve the Renter of any payment obligations to the Lessor. The Renter must pay the Lessor in full and may seek reimbursement from any third party separately at their own expense.

7. Employer/Owner Responsibility for Employee Operators

If this Agreement is signed by a business owner, employer, or authorized representative:

1.Employees become Authorized Users, and the Employer assumes full responsibility for their actions.
2.Employer is fully liable for all damage, misuse, improper securement, speeding, and prohibited uses committed by employees.
3.Employer must ensure employees are trained and comply with all terms.
4.Employer indemnifies and holds Lessor harmless from all claims caused by employee use, including legal and attorney fees.
5.Employer is responsible for all insurance deductibles, regardless of who caused the incident.

The signer warrants they have authority to bind the business.

8. Prohibited Uses

The trailer may NOT be used for:

-Transporting hazardous or illegal materials
-Transporting people
-Operation under the influence
-Operation by unauthorized drivers
-Illegal or fraudulent activity
-Travel outside the United States
-Exceeding manufacturer weight limits
-Driving under low-clearance structures
-Carrying unsecured loads
-Intentional misuse
-Painting or applying signage

9. Interstate and International Use Restriction

The trailer may not be transported outside the United States under any circumstances, including but not limited to travel into Canada, Mexico, or any foreign territory.

Unless prior written authorization is provided by the Lessor, the trailer must remain within the continental United States at all times.

Any unauthorized removal of the trailer outside the United States constitutes a material breach of this Agreement and may result in:

Immediate repossession of the trailer

Forfeiture of any deposits paid

Full responsibility for all recovery, towing, transportation, storage, damages, loss of use, diminished value, legal fees, and attorney costs

10. Speed Limit and Operation

Maximum towing speed is 75 mph.
If the trailer is operated above 75 mph, you assume full liability for all resulting damage, including tire, bearing, axle, and suspension damage.
Speed may be verified by GPS.

11. Insurance and Deductibles

We may obtain Supplemental Liability Insurance (SLI) or Trailer Liability Insurance on your behalf.

You are responsible for:

-All deductibles
-Any claims not covered
-Any exclusions or limits imposed by the insurer

Your auto insurance may be primary depending on insurer policies.-

12. Charges

You agree to pay:

-All rental fees and taxes
-All fines, tolls, and violations
-$20 administrative fee per unpaid toll or violation
-All recovery costs if the trailer is not returned
-Any and all legal fees, court costs, and attorney fees arising from or related
to any dispute, claim, lawsuit, or legal action involving your use of the trailer, your breach of this Agreement, or the enforcement of this Agreement
-5% late payment fee
-Any and all deductibles applicable under any insurance policy used for coverage, including policies provided by the Lessor or Lessor own insurance.
-$100 or the legal maximum for returned checks
-Up to $500 cleaning fee for excessive mud, grease, chemicals, or debris

Early returns do not reduce charges.

13. Security Deposit

Your deposit ( If Collected ) may be applied to any balance due.
The deposit does not limit your liability.

14. Rental Date Modification

We may modify or cancel rental dates due to weather, maintenance, or operational needs.
We are not liable for costs resulting from such changes.

If a rental extension is requested by the Renter, a new rental agreement does not need to be drawn; the existing Agreement will govern the extended period.

15. Liability Waiver and Release

You assume all risk of injury, death, or property damage arising from towing, loading, unloading, or use of the trailer.
This includes risks caused by weather, road hazards, mechanical failure, your negligence, or our ordinary negligence.

You acknowledge that you inspected all securement devices (including straps, chains, binders, winches, hooks, and attachment points) and confirmed they were in good condition at the time of rental.

You understand and agree that we are not responsible for improper or poor securement of cargo, shifting loads, or any damage resulting from the failure to properly secure your load. All securement is the renter’s sole responsibility.

You agree to indemnify and defend us from all related claims.
If any part is found invalid, the remainder still applies.

16. Authorized Signatory

If signing for a business or another person, you confirm you have authority to bind them.
If not, you agree to be personally responsible.

17. Entire Agreement

This Agreement contains all terms.
Modifications must be in writing and signed by us.