DUMPSTER RENTAL AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY PRIOR TO SIGNING AS IT IS A BINDING LEGAL CONTRACT

This Dumpster Rental Agreement (the “Agreement”) is made and entered into by and between the undersigned (“Lessee”) and 413 Dumpster Inc. (“Lessor”).  As used herein, “the Parties to this Agreement” or “the Parties” shall refer collectively the Lessee and 413 Dumpster, Inc.  This Agreement has been executed contemporaneously with an Invoice that details 1) the size(s) of dumpster(s) requested by Lessee; 2) the service price charged by Lessor; and 3) the rental term (referred to herein as “Invoice”). The Invoice is deemed to be subsumed within this Agreement and is expressly incorporated herein.  Equipment rented by Lessor is referred to herein as “equipment”, “dumpsters”, or “containers”, and these terms shall be interchangeable for the purposes of this Agreement.

1. Consideration.  Lessor shall provide Lessee the size of Dumpster specified in the Invoice for the full rental term specified in the Invoice at the price agreed upon therein.  Such price shall include tax, delivery, pickup, environmental/disposal fees, and all other fees except as otherwise specified in this Agreement.  In consideration thereof, Lessee shall abide by all terms of this Agreement, shall provide a valid credit card for payment prior to Dumpster delivery, and shall pay the full dumpster rental cost as outlined in the Invoice, along with any additional fees contemplated in this Agreement, upon Lessor’s disposal of the dumpster contents.

2. Lessor Duty of Care, Defense, and Indemnification. Lessee acknowledges that he or she has the responsibility for care, custody and control of any equipment owned by Lessor during the course of a rental period. Lessee accepts responsibility for the equipment and its contents while it is on the Lessee’s property. Lessee agrees to hold harmless, defend, and indemnify Lessor and any and all of its agents, employees, insurers, managers, stockholders, and representatives of any of them, (all listed entities are included in the collective definition of “Lessor”), from and against any and all claims for loss, damages, costs, interest, contribution, indemnification, or any other thing whatsoever, on account of, or in any way growing out of, all personal injuries, death, property damage and any other type of damage of any kind, whether now known or unknown, arising out of Lessee’s use, operation or possession of any equipment furnished, rented, or utilized under this Agreement. The Lessee’s duty to hold harmless, defend, and indemnify Lessor shall exist even if the damages are alleged to have been the result of the Lessor’s negligence, except under the circumstances articulated by M.G.L. c. 149, § 29C.

3. Consent to Enter and Damage Waiver. Lessee acknowledges that Lessor and its employees may drive vehicles onto Lessee’s property during the course of the rental. The Lessee grants the Lessor express consent to enter the Lessee’s property for the duration of the rental period and during any period that Lessor’s equipment remains on the Lessee’s property for the limited purposes of dropping off, retrieving, servicing, maintaining, inspecting, and/or otherwise overseeing the use of rented equipment during the term specified in the Invoice. The Lessee agrees that responsibility for any and all damages that may occur from Lessor’s use of vehicles or equipment on Lessee’s property is subject to the provisions of Paragraph 2, above. This includes damage to roads, buildings, culverts, fences, landscaping or other areas that vehicles or equipment may contact while attempting to service the Lessee’s dumpsters. Without prejudice to the provisions of Paragraph 2, above, the Lessee further expressly agrees to waive any claims of liability or right of recovery against the Lessor for any damages articulated in this paragraph. Lessee agrees that Lessor reserves the right to remove any equipment without notice to the Lessee.

4. Warranties by Lessor.  Lessor warrants that it shall abide by the terms of the Invoice and that all rental dumpsters shall be fit for the disposal of solid waste.5. Warranties by Lessee.  Lessee warrants that all waste placed in any rented container is of non-hazardous nature and that no liquids will be placed in the container. Lessee expressly agrees that it has adequate supervision and oversight to ensure that hazardous materials are not disposed of in rented containers. Lessee agrees to keep children away from any rented equipment.  Lessee warrants that it shall not use rented containers for any purpose except the disposal of solid waste. The Lessee agrees that responsibility for any and all damages that may occur from improper disposal of hazardous material in containers on Lessee’s property is subject to the provisions of Paragraph 2, above. Hazardous material that is prohibited includes, but is not limited to: tires, Freon appliances, televisions, computers, video consoles, wet paint, asbestos, batteries, oils, gasoline, and railroad ties. A more comprehensive list can be found in Enclosure 1 to this Agreement.  Lessees are responsible for knowing prohibitions on hazardous materials in their area and coordinating with Lessor to resolve any questions or disputes as to whether materials can be disposed of in containers owned by the Lessor. If hazardous materials are disposed of in a rented container, in addition to the other provisions of this Agreement, the Lessee agrees to pay the fees assessed by the disposal facility and agrees to have their card charged after disposal.

6. Unpaid Invoices and Additional Fees. Lessee agrees that Lessor has the right to charge Lessee without notice for any additional fees or weight overages contemplated by this Agreement. If Lessee fails to pay the Lessor any additional costs that are due within thirty (30) days of disposal, Lessor reserves the right to levy an administrative fee equal to 33% of the total contract price, which shall include the price noted on the invoice and any fees accrued pursuant to this Agreement.  Lessee is on notice that unpaid invoices and fees may be submitted to a collection agency for collection.

7. Dumpster Weight Limits and Tonnage Fees.  Each dumpster provided by lessor has a weight limit.  The Rental includes disposal fees based on the intended tonnage of each dumpster.  Dumpsters filled over the included weight limitations below will be charged additional tonnage fees as calculated by the disposal facility.  Lessee agrees that Lessor will charge any ton overage fees assessed at the landfill. Please reference the table below to understand the weight limit for your dumpster size:

6 yd dumpster: 2,000 lbs included (1 ton) ($110 fee per additional ton of weight)
8 yd dumpster: 2,000 lbs included (1 ton) ($110 fee per additional ton of weight)
10 yd dumpster: 2,000 lbs included (1 ton) ($110 fee per additional ton of weight)
12 yd dumpster: 3,000 lbs included (1.5 tons) ($110 fee per additional ton of weight)
15 yd dumpster: 4,000 lbs included (2 tons) ($110 fee per additional ton of weight)
20 yd dumpster: 6,000 lbs included (3 ton) ($110 fee per additional ton of weight)
30 yd dumpster: 8,000 lbs included (4 ton) ($110 fee per additional ton of weight)

Lessor will provide a copy of the weight ticket from the disposal facility upon request. Lessee agrees that the card provided at the time of rental to the Rental will be charged automatically for any weight or tonnage overages, or any additional fees contemplated under this Agreement. If equipment located on Lessee property is too heavy to be removed from being overweight by the Lessee, Lessor reserves the right to empty equipment on Lessee property.

8. Other Fees.

a. Lessee agrees that Lessor has the right to charge additional fees for the prohibited items detailed in Enclosure 1 of this Agreement.

b. Lessee agrees that Lessor has the right to charge $100 for a dry run, which is defined as a failed delivery or pick up attempt made with previous notice to Lessee. The Lessor being unable to deliver equipment owned by the Lessor for the Lessee on agreed delivery date will result in a dry run charge. Blocking or impeding retrieval of equipment owned by the Lessor and rented by the Lessee on the agreed collection date will result in a dry run charge.

c. Cleaning due to loading of prohibited or hazardous materials may be billed at a 3rd party rate plus reasonable mark up and will be determined on a case-by-case basis.

d. Lessee agrees that Lessor has the right to charge for any material beyond the "Max Fill Line" located on all equipment, or if material is sticking beyond the rim of equipment. Lessee agrees that the charge for any material beyond the "Max Fill Line" is at discretion of the Lessor and can total $80.00. Lessee agrees that the Lessor is able to remove material from equipment if beyond the "Max Fill Line." Lessee agrees that Lessor reserves the right to empty equipment on Lessee property without notice.

e. Lessee agrees that the Lessor has the right to charge an additional fee for equipment that is extremely overweight or unable to be removed off the property using Lessor equipment or available third-party equipment, including any charges for third-party equipment billed to Lessor plus reasonable mark up to remove the equipment off of Lessee property. Lessee agrees that it may not move or alter the location of any equipment owned by the Lessor that is placed on Lessee property by the Lessor without notice to the Lessor. Lessee agrees that by moving Lessor equipment without notice, a fee will be assessed.

9. Date Changes.  Lessor will make all reasonable efforts to maintain the schedule agreed-upon in the invoice.  Lessee understands that Lessor reserves the right to change, without notice, any rental period and rental dates for equipment being rented by the Lessee from the Lessor. Lessee must give 48-hour notice, prior to the expiration of the rental period, if extending beyond the rental period or extension may not be granted. Lessor reserves the right to deny rental extension requests.

10. Binding Arbitration.  Lessee agrees that Lessor may, at its discretion, elect to resolve any disputes arising out of this Agreement or the Invoice, including but not limited to disputes over the terms, scope, and requirements of this Agreement or the Invoice; disputes pertaining to any damages or liability addressed by this Agreement or the Invoice; and disputes pertaining to the execution of this Agreement or the Invoice through binding arbitration. Disputes over arbitrability are expressly resolved to an Arbitrator’s discretion.  The Parties shall conduct arbitration and arbitrator selection according to the rules set forth by JAMS. Lessee’s failure to participate in such arbitration is breach under this agreement and will result in damages owed to the Lessor.  The cost of arbitration shall be borne by the Parties as determined by the Arbitrator.

11. Knowing and Voluntary Agreement.  The Parties to this Agreement acknowledge and agree that each of them has had a full opportunity to review the terms and provisions of this Agreement and that each of them enters into this Agreement after appropriate investigation and consideration of the meaning and effect of the terms of this Agreement and without reliance upon any representation of any other Party to this Agreement other than those specifically set out herein.  By executing this Agreement, the Parties represent and agree that they have carefully read and fully understand all the provisions of this Agreement, and that they are knowingly and voluntarily entering into this Agreement.

12. Severability.  The provisions of this Agreement are severable.  If any provision of this Agreement, or any portion thereof, is held, by a court of competent jurisdiction or arbitrator, to be invalid or unenforceable or to conflict with any federal, state or local law, such portion or portions of this Agreement are hereby declared to be of no force or effect in such jurisdiction, and this Agreement shall otherwise remain in full force and effect and be construed as if such portion had not been included.  In the event that any provision of this Agreement is held to be unenforceable for being unduly broad as written, such provision shall be deemed amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law and shall be enforced as amended.

13. Modification.  No modification, amendment, or waiver of any of the provisions of this Agreement shall be effective unless made in writing and signed by both Parties.

14. Governing Law and Forum.  This Agreement and any disputes arising in connection with it shall be construed and governed by the laws of the Commonwealth of Massachusetts.  Any dispute arising under or in connection with this Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Massachusetts.

15. Entire Agreement.  This Agreement and the associated Invoice contains the entire agreement between the Parties with respect to the matters set forth herein and supersedes and replaces any and all prior and contemporaneous agreements, representations, promises or understandings of any kind between the Parties.  No modification, amendment, or waiver of any of the provisions of this Agreement shall be effective unless made in writing and signed by all Parties.

16. Headings and Captions.  The headings and captions used in this Agreement are for convenience or reference only, and shall in no way define, limit, expand or otherwise affect the meaning or instruction of any provisions of this Agreement.

17. Execution.  By signing below, Lessee certifies that they have reviewed, understood, and agreed to be bound by all of the terms and conditions articulated above and within Enclosure 1. By signing below, Lessee certifies that digital signature and copy of this contract is valid effective immediately. 

By signing below, I am acknowledging that I have read and agree to terms listed in the entirety of the contract, including all enclosures. By signing below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By signing below, you consent to be legally bound by this Agreement's terms and conditions.

Customer Name: ______________________________________ Date: _____________________________

Service Address: ___________________________________________________________________________

Customer Signature: _______________________________________________________________________