Rental Policy

Freedom Rolloffs Dumpster Rental Customer Service Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY. They contain important information

regarding your legal rights and remedies including information about future changes to these

Gray Family Transportation Company LLC DBA Freedom Rolloffs ("Company"), agrees to rent

certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms

and conditions as set forth herein. Equipment and service may be provided by Company. Except

as specifically set forth herein, or as otherwise communicated by Company to Customer, the

following terms and conditions, including the Rental Documents (as defined herein) shall apply

to and govern both commercial and residential rentals.

1. Acceptance; Contract Formation

This transaction, including Company’s Equipment to Customer, is expressly limited to and made

conditional upon Customer’s assent to and acceptance of all the terms and conditions

contained herein and as set forth in any related rental document, including, but not limited to

any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as

the “Rental Documents”). The terms and conditions stated herein shall apply to and govern all

Rental Documents, including any agreement, order and/or rental that may result herefrom, and

these terms and conditions, along with the Rental Documents, constitute the entire agreement

between Company and Customer. Any of Customer’s terms contained in any request for

quotation, purchase order, release, acknowledgement or any other Customer document which

are in addition to or different from the terms contained herein are hereby specifically objected

to, rejected and excluded, and shall be of no force or effect.

2. Ordering Process

Company intakes and processes all Equipment rental orders either via telephone or via our

website which is located at kansascityrolloffs.com (the “Website”). Customer acknowledges

and agrees that upon Customer’s placement of an order for a rental of Equipment (either via

telephone or via the Website), and Company’s acceptance of such order, then a binding and

enforceable rental agreement shall exist between Company and Customer with respect to such

Equipment based upon these terms and conditions, as well any applicable Rental Documents.

All rental orders accepted by Company are accepted with the understanding that each such

order is subject to Company’s ability to obtain and furnish the Equipment to Customer.

Customer is solely responsible for contacting Company (either via telephone or via the Website)

in order to initiate the commencement of the Services, as well as the final pick-up of the

Equipment (in accordance with the terms of Section 4 herein). Customer acknowledges that any

telephone numbers posted on and/or adhered to the Equipment belong to third parties and

should not be used for the purpose of attempting to contact Company.

3. Delivery and Pick Up of EquipmentCompany will use commercially reasonable efforts to ensure timely delivery and pick up of

Equipment; provided that, due to circumstances beyond our control, including, but not limited to,

inclement weather, hazardous roads and/or driving conditions, traﬃc delays, motor vehicle

accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery

times or dates. Company will not be liable to Customer under any circumstances for costs,

expenses, losses and/or damages incurred by Customer in any manner relating to such delays.

Upon the delivery of the Equipment to the location as designated by Customer, Customer shall

not move, transport or attempt to move or transport (either directly or indirectly) the Equipment

from the designated site without prior notice to and consent from Company, which may be

withheld within the sole discretion of Company. In the event that Company attempts to deliver or

pick up Equipment and is unable to do so for any reason beyond Company’s control, including,

but not limited to, overloaded Equipment, low-lying power lines or tree branches, blocked access

to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots,

inaccessible driveways and/or the storage of prohibited items or substances in the Equipment

(collectively referred to as “dry run”), then Company shall be entitled to a dry run inconvenience

fee. The Company may charge a dry run inconvenience fee in an amount necessary to recoup

any such charges, fees, fines, penalties costs and/or expenses related to the dry run at the

Company’s sole discretion. Customer acknowledges and agrees that Company is authorized

and entitled to charge to Customer’s credit card, debit card, or other payment method ("Payment

Method") the amount of any such dry run inconvenience fee. Customer shall be solely

responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted

by a third party (including, without limitation, a towing company) incurred in connection with the

movement, placement and/or use of the Equipment. Company is not responsible or liable for

any damage to the Customer’s property from normal use of the equipment rental, this includes

but is not limited to: driveway scratches and damage to the lawn or grass. In the event of

Customer’s violation and/or breach of the terms of the Rental Agreement (including these

Terms and Conditions), Company may, within Company’s sole discretion and without prior

notice to Customer and without any liability to Customer, pick up the Equipment. In addition,

Company may pick up the Equipment at any time if required to do so by local, county and/or

state law or as required by order of any local, county and/or state government or agency.

4. Prices and Payment Terms

Prices for Equipment rentals are stated on the Website or communicated via a quote either

online, over the phone or in person, as modified from time to time within the sole discretion of

Company; provided that applicable prices for each Equipment rental transaction will be

confirmed by Company at the time of Customer’s placement of an order for such Equipment.

Except as otherwise mutually agreed in writing between Customer and Company, Customer will

pay Company the applicable rental term via credit card or debit card payment before delivery.

Customer hereby expressly authorizes Company to retain your Payment Method information

and charge your Payment Method when charges occur for rental fees and all other charges to

which Company is entitled hereunder. Customer acknowledges and agrees that such Payment

Method authorization shall remain valid and in full force and effect during the applicable rentalperiod and for a period of time not to exceed 120 days beyond the last day of your Equipment

rental. If, at any time during a rental term, Company’s authorization to charge your Payment

Method is revoked and/or canceled by Customer or any third party, then Company, within its

sole discretion, may immediately terminate the Equipment rental and recover the Equipment

without notice or liability to Customer, and without prejudice to or waiver of any of Company’s

remedies against Customer.

5. Cancellation and Cancellation Fees

Any rental order, once placed with and accepted by Company, may not be canceled by Customer

except upon the consent of Company, which may be withheld within the sole discretion of

Company. In the event that Company agrees to accept a cancellation after acceptance of

Customer’s order, then Company shall be entitled to a cancellation fee (which may be charged to

Customer’s Payment Method).

6. Weight Restrictions and Overload Fees

Customer is solely responsible for complying with the weight restrictions applicable to the rental

Equipment. Customer acknowledges that: (a) each item/unit of Equipment has a designated

weight specification and corresponding weight limitation (which varies based on the size and

type of the Equipment, as well as other factors); (b) the size and/or volume of the particular

item/unit of Equipment is not determinative of the applicable designated weight specification

and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or

state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of

material that can be legally stored in and/or transported in the Equipment; and (d) rain, water,

snow, ice permitted by Customer to accumulate in the Equipment can increase (and under

certain circumstances) exceed the applicable weight restriction relating to specific Equipment.

Customer acknowledges that Customer is solely and exclusively responsible for determining the

weight restrictions applicable to Customer’s Equipment and for strictly complying with such

restrictions, including, but not limited to covering and/or tarping the Equipment in order to

prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby acknowledges

that Company incurs charges and expenses in connection with the transport of loaded

Equipment to landfills, and that such charges and expenses are based upon the weight of the

Equipment. If Customer fails to comply with applicable weight restrictions, Company may incur

any pay for charges, expenses, penalties and/or fines from a landfill or other third party, whether

private or public, including, but not limited to traﬃc fines and penalties or other consequential

damages (collectively the “Overload Expenses”). In the event that Company incurs any Overload

Expenses relating to or in connection with Customer’s failure to comply with applicable weight

restrictions, then, in addition to all other remedies to which Company is entitled and in addition

to all other amounts, fees, charges and expenses due from Customer to Company (including

Customer’s reimbursement of all such Overload Expenses to Company), Customer will pay

Company a fee per ton or pound in excess of the applicable weight restriction for the Equipment

(“Overload Fee”), as determined within the sole discretion of Company. Customer acknowledges

and agrees that all Overload Fees assessed by Company against Customer may be charged toCustomer’s Payment Method. Customer agrees to not load material above the top of the

Equipment and is solely responsible for complying. If the Customer loads material past top rim

of the Equipment Customer may be charged a fee at the sole discretion of Company. Customer

agrees that Company may charge said fee directly onto the Customer’s Payment Method.

7. Permits

Customer acknowledges that certain locations and/or uses of the Equipment may require a

permit, license, certification or other local, municipal, city, county and/or state approval relating

to the possession, placement, storage and/or transportation of the Equipment (collectively

referred to hereinafter as a “Permit”). Customer represents and warrants to Company that

Customer (and not Company) is solely and exclusively responsible for obtaining and

maintaining all necessary and required Permits relating to Customer’s possession and use of

the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and

required Permits, Company may pick up the Equipment without prior notice to Customer and

without any liability to Company.

8. Prohibited Substances

Customer acknowledges that local, municipal, city, county, state and/or federal laws,

regulations, rules and ordinances prohibit the storage of certain items, materials and

substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without

limitation, tires, batteries, tree stumps, railroad ties, chemically treated lumber, paints and

lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins,

industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants and

other toxic and/or hazardous materials and substances. A non-exclusive list of certain

Prohibited Substances is available from the Company at the request of the Customer. Customer

acknowledges and agrees that Customer is solely and exclusively responsible for complying

with all applicable laws relating to Prohibiting Substances, and Customer shall be liable for any

charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traﬃc

fines and penalties) relating to Customer’s storage and/or transportation of Prohibited

Substances in the Equipment.

9. Equipment

All equipment furnished by Company shall remain the property of the Company; however,

Customer shall have care, custody and control of the equipment and shall bear responsibility

and liability for all loss or damage to the equipment and for its contents while at Customer’s

location. Customer shall pay, if charged by Company, any additional fee for repairs or damages

to the dumpster while in the Customer's care and custody. Customer shall not overload, move or

alter the equipment and shall use the equipment only for its intended purpose. At the

termination of this Agreement, customer shall return the equipment to Company in the condition

in which was provided, normal wear and tear excepted. Customer shall provide unobstructed

access to the equipment on the scheduled collection day. Customer shall pay, if charged byCompany, any additional fee for any service modifications caused by or resulting from

Customer’s failure to provide access.

10. Indemnification

Customer agrees to indemnify, defend and hold harmless Company, including its oﬃcers,

directors, members, employees, agents, aﬃliates, partners, subsidiaries, successors and

assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of

action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges,

expenses, costs or other liabilities of whatsoever kind or nature (collectively,

“Losses”) asserted

or alleged by any third-party arising from or related to: (a) Overload Expenses; (b) Customer’s

failure to obtain and/or maintain any required Permit; (c) Customer’s use or storage of

Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or

destruction of the Equipment during the applicable rental term; (f) personal injury and/or

property damage relating to Customer’s use and/or possession of the Equipment; (g) physical

damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems,

septic systems and/or underground utilities caused by the Equipment (h) Customer’s breach of

the these terms and conditions or the terms of any of the Rental Documents; and (i) any fees,

penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including,

without limitation, a towing company) incurred in connection with the movement, placement

and/or use of the Equipment.

11. Waiver; Limitation of Liability and Disclaimer of Warranties

EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF

Company, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST

Company RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT

AND/OR Company’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT

LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS,

WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS AND/OR

UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF

THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY

DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S

USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN

“AS-IS” BASIS, AND Company MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS

FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR

REQUIREMENTS.

12. Governing Law; Severability

Any and all disputes arising from or in connection with the Equipment rental transaction

between Company and Customer, including, but not limited to, these terms and conditions, the

Rental Documents and/or Customer’s possession and use of the Equipment, shall be construed

in accordance with and governed by the laws of the State of [insert state], U.S.A., including allmatters of construction, validity and performance, without giving effect to the conflict of laws

provisions of such State. Any provision hereof which may be prohibited by applicable law shall

be ineffective to the extent of such prohibition and without invalidating the remaining provisions

hereof.

13. Jurisdiction and Venue

Any action arising from or in connection with the Equipment rental transaction between

Company and Customer, including, but not limited to, these terms and conditions, the Rental

Documents and/or Customer’s possession and use of the Equipment, shall be commenced and

prosecuted in the Court of Common Pleas of Jackson County, MO, U.S.A., or in the United States

Federal District Court for the District of Missouri. Customer hereby waives any objection or

defense based on improper jurisdiction and/or forum non conveniens.

14. Assignment

Neither this rental transaction (including the Rental Documents), nor any part or portion of

Customer’s performance hereunder is assignable by Customer in whole or part without the prior

written consent of Company, which may be withheld within the sole discretion of Company.

15. Reservation of Rights

Company expressly reserves all rights and remedies which are available to it at law or in equity.

16. Entire Agreement and Modification

Upon Company’s acceptance of the Customer’s order for the rental of the Equipment, the terms

and conditions set forth herein and as set forth in the Rental Documents (including, but not

limited to all requirements as set forth in Company’s Website), shall constitute the entire

agreement between Customer and Company, and no statement, correspondence, or other terms

shall modify or affect the terms hereof or thereof. No change in these terms and conditions will

be valid unless approved by Company in writing.

17. The Federal Motor Carrier Safety Administration (FMCSA) regulates interstate

household goods movers. Household goods movers who engage in interstate

transportation of household goods must comply with the arbitration requirements

contained in 49 CFR 375.211.

Any controversy or claim arising out of or relating to this Agreement, or the breach

thereof (including any monetary disputes or declaratory relief actions) will be settled by

arbitration administered by Ejudicate, Inc. d/b/a BRIEF (“BRIEF”) in accordance with

Brief’s then published rules, [EDT-A3C] E-Judge selection procedures, discovery

restrictions, document and evidentiary review, and live-hearing conditions found at

www.thinkbrief.com. The parties to this Agreement agree that hearings and live

testimony are limited and will be initiated solely at the discretion of the Arbitrator and

that the Arbitrator may, at his or her sole discretion, make a ruling based solely on the

evidence, documents and written testimony submitted by the parties.The arbitrator shall be chosen in accordance with the procedures of Brief. The arbitrator

shall base the award on applicable law of the Chosen State of Missouri.

The Brief. arbitrator’s decision is final and binding on the parties and judgment may be

entered thereon. Judgment on the award rendered by the arbitrator may be entered in

any court that has proper jurisdiction. In the event a party fails to proceed with

arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with

arbitrator’s award, the other party is entitled to costs of suit including reasonable

attorney fees and costs for having to compel arbitration or defend or enforce the award.

The arbitrator shall award attorneys’ fees and expenses to the Party which is required to

receive payment from the other Party pursuant to the award resulting from this

arbitration.

TO INITIATE A CLAIM/DISPUTE: In the event that a dispute arises and the parties are

not able to resolve the dispute between themselves, either party may initial a dispute by

visiting https://www.resolve-dispute.co/ to register and to start an arbitration claim.