Equipment Rental Agreement

Effective October 22, 2026

This agreement may be updated; the version in effect at booking applies.

Mountains Reign Equipment • 16975 Falcon Hwy, Peyton, CO 80831 • (719) 800-1863 • support@mountainsreignequipment.com

Please read this Agreement carefully. It explains your responsibilities for our equipment, the jobsite, and payment.

1. PARTIES; JOINT AND SEVERAL LIABILITY

This Equipment Rental Agreement ("Agreement") is between Mountains Reign Equipment ("MRE," "we," "us") and the renter named on the Rental Schedule or your order confirmation ("Renter," "you"). The Rental Schedule or your order confirmation and any approved work order are part of this Agreement.

If a property owner, spouse, or other person signs as Co-Signer, that person is jointly and severally liable with Renter for every obligation under this Agreement. This means MRE may collect the full amount owed from Renter, from the Co-Signer, or from both. If Renter signs for a company, the company and the person signing are both bound. "Renter" includes any Co-Signer unless the context says otherwise.

2. RENTAL PERIOD

The rental period begins when the equipment is handed over at Customer Pickup or unloaded at the jobsite at Company Delivery. It ends only when the equipment is back in MRE's possession by Customer Return or Company Pickup and MRE has completed its return inspection. Rental charges are based on the start and end dates and times on the Rental Schedule or your order confirmation. Equipment returned early is not refunded unless MRE agrees in writing. A Company Pickup is scheduled when you call or text MRE that the equipment is ready; rental continues until the scheduled pickup time, and the equipment must be accessible, secured, and ready to load at that time.

3. PAYMENT, DEPOSIT, AND CARD AUTHORIZATION

Due at booking. The full rental charge and transport fee are due when you book, whether online through our store or by phone. Equipment will not be released until payment is received. Company Delivery and Company Pickup are charged per MRE's current delivery rates shown at checkout or quoted.

Payment methods. We accept card or PayPal at booking. Invoiced jobs of $1,000 or more may receive a QuickBooks invoice, which also accepts ACH bank transfer.

Sales tax. Colorado sales tax is charged at the rate for the delivery or pickup location.

Deposit or card on file. Before the rental begins, you must provide a refundable $100 security deposit or a credit/debit card authorization, unless your order confirmation states otherwise. MRE may hold this amount and apply it to anything you owe. Any unused deposit is returned within 10 business days after final inspection and payment of all charges.

Authorization to charge. You authorize MRE to charge the card on file (and to apply any deposit) for damage, loss, recovery, cleaning, fuel, late-return fees, overtime, additional services you approved, and any other unpaid balance under this Agreement. MRE will send you an itemized notice by text or email before charging, and will give you a reasonable opportunity to respond before charging, unless you approve sooner. Charges above the authorization amount remain your responsibility. You agree not to dispute a valid charge with your card issuer instead of raising it with MRE first.

4. CONDITION INSPECTION

At the start and end of the rental, MRE will photograph (or video) the equipment and record the hour meter and fuel level on the Rental Schedule or your order confirmation. You may inspect the equipment and write any pre-existing damage or issues on the Rental Schedule or your order confirmation before use. If you do not note an issue before you begin using the equipment, you accept the equipment as clean, complete, and in good working order. MRE's photos and records control unless you provide clear evidence otherwise. If you return equipment after hours or when MRE is not present, MRE's inspection at its next business opening controls.

5. SITE CONDITIONS AND HAZARDS

You are responsible for the jobsite. Before the equipment is delivered or used, you must tell MRE about, and clearly mark on site (with flags, paint, or stakes), all septic tanks, leach fields, wells, buried utilities, sprinkler and irrigation lines, steep slopes, drop-offs, and soft, wet, or unstable ground, as well as overhead lines and any other hazard. You must provide safe access for delivery and pickup trucks, including any gate, driveway, or surface that can support a loaded truck and trailer.

You must contact Colorado 811 (dial 811 or colorado811.org) at least three business days before any digging, trenching, or grading, as Colorado law requires, and wait until utilities are marked. Private lines (such as septic, wells, irrigation, and private electric or gas) are not marked by 811 and are your responsibility to locate.

You are responsible for all damage to your own property and to third-party property, utilities, and improvements caused while the equipment is in your care, including damage to septic systems, leach fields, wells, lawns, driveways, concrete, and fences, and for any damage to the equipment caused by site conditions. MRE's delivery driver may refuse to unload or may stop work if the site appears unsafe; transport fees still apply.

6. USE, OPERATORS, AND PROHIBITED USES

Renter must be at least 21 years old, show a valid government-issued photo ID, and provide proof of insurance. Only you and the authorized operators listed on the Rental Schedule or your order confirmation may operate the equipment, and each must be competent, trained, and familiar with the machine and its safety rules. You will follow the operator's manual and all decals, laws, and safety requirements, and perform Daily Care as described below.

Daily Care (all rentals, including one-day rentals). For every day you have the equipment, at your own cost, you will: (1) inspect the equipment before each shift using the walk-around in the operator's manual, including tracks or tires (and tire pressure), undercarriage, hoses, lights, guards, glass, cutting edges, teeth, and attachments; (2) grease all grease points at the manufacturer's intervals, and at least once each day of use; (3) keep it fueled only with clean fuel of the type the manufacturer specifies (ultra-low-sulfur diesel for diesel engines) and correct DEF, and check and top off engine oil, coolant, hydraulic fluid, and DEF with fluids that meet the manufacturer's specifications; (4) check battery condition and protect the equipment from freezing; (5) clean air filter screens, pre-cleaners, and radiator or cooler fins as needed; and (6) keep the equipment reasonably clean and free of hazardous materials and contaminants. Daily Care is not an alteration or repair prohibited by this Section. MRE has no duty to inspect or service the equipment while it is in your possession unless MRE agrees in writing. Damage resulting from lack of lubrication, wrong or contaminated fuel or fluids, low fluid levels, running out of fuel or DEF, overheating, cavitation, freezing, or missed Daily Care or manufacturer-recommended service is not normal wear and tear, and you are responsible for it under Section 9.

You may not: sublease, lend, or allow unlisted operators to use the equipment; operate it while impaired by alcohol, drugs, or fatigue; exceed its rated capacity or use it for any purpose it was not designed for; use it to tow, push, or pull other vehicles or equipment; operate on slopes, in water, or on ground beyond the machine's limits; carry passengers; demolish structures or work near power lines without MRE's written approval; move it off the jobsite listed on the Rental Schedule or your order confirmation; or alter, repair, or disable any part, meter, or safety device. If the equipment malfunctions, stop using it and call MRE.

Subleasing and unauthorized use. Subleasing, lending, or renting out the equipment, letting anyone not listed on the Rental Schedule or your order confirmation operate it, or moving it off the listed jobsite without MRE's written approval is a material breach and a default under Section 14. MRE may end the rental immediately and take back the equipment wherever it is, without breach of the peace. You remain responsible for: (a) rental charges through the end of the scheduled rental period (or any Snow Season minimum), less any rent MRE earns from re-renting that equipment during the same period; (b) all damage, loss, and theft under Section 9, no matter who was operating it; (c) recovery, transport, and repossession costs; and (d) collection costs and attorney fees under Section 11.

Engine Hours and Overtime (all rentals, including one-day rentals). Rental rates allow up to 8 engine hours for each rental day, 40 for each rental week, and 160 for each 4-week period, measured by the hour meter readings recorded on the Rental Schedule. The allowance matches the rate charged: a one-day rental at the daily rate allows 8 hours; a rental billed at more than one daily rate allows 8 hours times the number of days billed; weekly and 4-week rates allow 40 and 160 hours for each period billed. Each hour (or part of an hour) over the allowance is charged at 1/8 of the daily rate, 1/40 of the weekly rate, or 1/160 of the 4-week rate, matching the rate used, plus tax. Example: a one-day rental at $400 with 11 hours used owes 3 overtime hours at $50 each, or $150. Overtime may be charged under Section 3. You may not disconnect, alter, or tamper with the hour meter (see this Section's ban on disabling meters).

Telematics (all rentals, if equipped). If the equipment has a GPS, telematics, or other monitoring device, you will not disable, remove, cover, or tamper with it, and you consent to MRE collecting and using its location, hour, and machine data for any purpose related to MRE's business and this Agreement. This adds to this Section's ban on disabling meters and safety devices.

Long-Term Rentals (possession of more than 27 days). This paragraph applies whenever you have the equipment in your possession for more than 27 consecutive days, whether under the original rental period or any extension, renewal, replacement rental of the same unit, or holdover, starting on day 28. It is in addition to Daily Care and every other term of this Agreement.

(a) Scheduled service. At your own cost, you will perform all maintenance the manufacturer schedules for the hours used, including filters, fluids, greasing, belts, and adjustments, using genuine or equivalent parts and fluids that meet the manufacturer's specifications. MRE will give you the service intervals at the start of the rental (text or email is enough). At MRE's option, MRE may perform scheduled service itself and bill you at its standard shop rates plus parts. You will keep a service log (date, hour meter, work done, parts and fluids used) and give it, with receipts, to MRE on request and at return. Parts installed on the equipment become MRE's property, with no credit to you.

(b) Repairs. You will pay to repair any damage or failure that is not normal wear and tear (as defined in Section 9 and above), including damage to tires, tracks, undercarriage, cutting edges, glass, hoses, and lights. MRE determines the cause of a failure from its inspection, the service log, the hour meter, and any machine data; if you have not kept the service log, the failure is presumed to result from missed service unless you show otherwise. Nothing in this Section obligates MRE to repair the equipment or pay for any repair; MRE's only obligation for a failure that is not your fault is the remedy in Section 13.

(c) Reporting and shutdown. If the equipment malfunctions, shows a warning light, leaks, or is damaged, you will stop using it immediately and call MRE, as Section 6 requires, and notify MRE in writing (text or email) no later than 24 hours afterward. Incidents covered by Section 7 must still be reported within 2 hours. You will not have repairs done by anyone other than MRE unless MRE approves in writing (text or email is enough) in advance; any approved outside repair is at your cost unless MRE agrees otherwise in writing.

(d) Inspection and substitution. MRE may inspect, service, read meters and data from, and photograph the equipment at reasonable times on reasonable notice, and at any time without notice in an emergency or under Section 14. If you miss required service, MRE may perform it and charge you under Sections 3 and 9. MRE may replace the equipment with reasonably similar equipment at any time to perform service or repairs.

(e) Rate changes. For rentals longer than 4 weeks, MRE may change the rental rate for any part of the rental period not yet paid for, including extensions, on 30 days' written notice (text or email is enough).

(f) No change to other terms. This paragraph adds to, and does not limit, Sections 3, 4, 6, 7, 9, 10, 13, and 14. Rent continues, and is not reduced, while the equipment is down for service or for repairs that are your responsibility.

7. STUCK, DISABLED, OR OVERTURNED EQUIPMENT; RECOVERY

If the equipment becomes stuck, disabled, tipped, overturned, or damaged, you must stop immediately and call MRE at (719) 800-1863, and report the incident within 2 hours. Do not try to free or recover the equipment with other equipment, vehicles, chains, or straps. Self-recovery attempts often cause more damage, and you are responsible for any damage they cause.

MRE, or a contractor MRE chooses, will perform the recovery. Recovery is charged at MRE's current recovery rates, available on request and quoted before work begins when practical, plus actual third-party costs. Rental charges continue to accrue while the equipment is stuck, down, or being repaired due to your use or site conditions.

Recovery often requires driving heavy equipment and trucks across your property. MRE and its contractors are not liable for damage to your property reasonably caused by the recovery, including to septic systems, leach fields, lawns, landscaping, driveways, and fences. Repairs to the equipment after recovery are charged under Section 9.

8. ADDITIONAL SERVICES AND WORK ORDERS

If you ask MRE to perform any service beyond the booked rental and transport (for example, extra trips, operator services, grading, cleanup, or repairs to your property), MRE will give you a written quote. A text message or email counts as written. Work starts only after you approve the quote in writing (a reply such as "approved" or "yes" is enough). The approved price is due when the work is complete. Quoted totals are final and include applicable sales tax unless the quote states otherwise; they are not open to renegotiation after the work is done. Emergency recovery under Section 7 does not require a separate quote and is billed at MRE's current recovery rates.

9. DAMAGE, LOSS, AND THEFT

From the start to the end of the rental period, you are fully responsible for the equipment and any loss, theft, or damage to it, from any cause other than normal wear and tear. You will pay: (a) the cost to repair the equipment at MRE's standard shop rates plus parts, or, if MRE determines it cannot be reasonably repaired, or if it is lost or stolen, its current market value; (b) loss of use at the daily rental rate for each day the equipment is out of service until it is repaired or replaced; and (c) related costs such as recovery, transport, inspection, and appraisal. Report theft to law enforcement and to MRE immediately, and give MRE a copy of the police report. Normal wear and tear means gradual deterioration from proper use, not damage from impact, misuse, overloading, or site conditions.

10. RETURN, LATE FEES, CLEANING, AND FUEL

Return the equipment by the end date and time on the Rental Schedule or your order confirmation, clean, fueled to the level at the start, with all attachments and keys, and in the same condition as received except for normal wear and tear. Late return. If equipment is returned, or ready for Company Pickup, up to 4 hours after the scheduled end time, you will be charged half of the daily rate. If it is more than 4 hours late, you will be charged the full daily rate for each day or part of a day until it is returned or ready for Company Pickup. If equipment is not ready at a scheduled Company Pickup, a $250 return-trip fee applies, and the daily rate continues until it is ready. Equipment returned dirty (mud, concrete, debris, or contamination) is charged a $200 cleaning fee, plus any additional cost if heavy cleaning is required. Equipment is provided with a full tank. You may refuel with the same fuel type before return. If equipment is returned with less than a full tank, we will refill it and bill the fuel used as a separate line item at our current market price per gallon. Applicable sales tax is charged where required by law.

11. LATE PAYMENT, INTEREST, AND COLLECTION COSTS

Any balance not paid within 10 days after the invoice date accrues interest at 8% per year (the Colorado statutory rate) or the maximum allowed by law, whichever is less, from the invoice date until paid. You will pay MRE's reasonable costs of collection, including collection-agency fees, court costs, and reasonable attorney fees, whether or not a lawsuit is filed. Any payment that is returned, declined, or reversed incurs a returned-payment fee as allowed by Colorado law, and MRE may require future payments by certified funds. Disputes about a charge must be raised in writing within 10 days after the invoice; undisputed amounts must still be paid on time.

12. INSURANCE

Throughout the rental period you must carry, at your cost: (a) general liability insurance covering bodily injury and property damage arising from your use of the equipment, and (b) inland marine (rented or leased equipment) insurance covering physical damage to and theft of the equipment for its full replacement value. Both policies must name Mountains Reign Equipment as additional insured (and as loss payee on the inland marine policy). Provide a certificate of insurance before the rental begins. Your insurance is primary. Having insurance does not limit your responsibility; you owe any amounts your insurer does not pay, including deductibles.

13. INDEMNIFICATION; AS-IS; LIMITATION OF MRE'S LIABILITY

Indemnification. To the fullest extent allowed by law, you will defend, indemnify, and hold harmless MRE and its owners, family members, employees, and contractors from all claims, losses, injuries, deaths, damages, fines, and costs (including attorney fees) arising from the equipment's transport at your direction, possession, use, or operation during the rental period, from site conditions, or from your breach of this Agreement, except to the extent caused by MRE's gross negligence or willful misconduct.

AS-IS. You have the right to inspect the equipment before use and accept it AS-IS. EXCEPT AS STATED IN THIS AGREEMENT, MRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If the equipment fails through no fault of yours, your sole remedy is for MRE, at its option, to repair or replace it within a reasonable time, or to end the rental and refund the rental charge for the unused period.

Limitation of liability. MRE is not liable for downtime, delays, lost profits, lost work, or any indirect, incidental, or consequential damages. MRE's total liability arising from any rental will not exceed the rental charges you paid for that rental. These limits do not apply to MRE's gross negligence or willful misconduct or where the law does not allow them.

14. DEFAULT AND REPOSSESSION

You are in default if you fail to pay any amount when due, misuse the equipment, breach any part of this Agreement, provide false information, or let your insurance lapse, or if the equipment appears abandoned or at risk. On default, MRE may, after a call, text, or email to you where practical: end the rental; enter the jobsite during reasonable hours to disable and take back the equipment, without breach of the peace; and recover all amounts owed. You give MRE and its agents permission to enter the jobsite for this purpose, and you confirm that you have authority to give it (or that the property owner has signed as Co-Signer). All repossession costs, transport, recovery, and rental charges through the date of repossession are at your expense. MRE's rights are cumulative and in addition to any other rights under law.

15. GOVERNING LAW AND VENUE

This Agreement is governed by Colorado law. Any lawsuit about this Agreement or a rental must be filed in the courts of El Paso County, Colorado, including the El Paso County Court and its Small Claims Division, and you consent to those courts' jurisdiction.

16. ELECTRONIC RECORDS, SIGNATURES, AND NOTICES

This Agreement, the Rental Schedule or your order confirmation, quotes, approvals, and invoices may be signed and kept electronically, including by online checkbox, typed name, or e-signature service. Electronic signatures and records have the same effect as signed paper originals. Notices, quotes, invoices, and approvals may be given by text message or email to the phone number and email address on the Rental Schedule or your order confirmation (or for MRE, (719) 800-1863 and support@mountainsreignequipment.com) and are effective when sent. You consent to receive calls and texts from MRE about your rental and account. You must tell MRE promptly if your contact information changes.

17. ENTIRE AGREEMENT; CONFLICTS; SEVERABILITY

This Agreement (including the Rental Schedule or your order confirmation, each Rental Order, any accepted schedule or addendum, and approved work orders) is the entire agreement between you and MRE about the rental and replaces any prior discussions. If anything on MRE's website, store listings, Terms of Service, advertising, or in conversation conflicts with this Agreement, this Agreement controls. Section 18 governs conflicts among those documents. Changes must be in writing (text or email counts) and accepted by both parties. If any part of this Agreement is found unenforceable, it will be enforced to the maximum extent allowed and the rest remains in effect. MRE's delay in enforcing any right is not a waiver. Sections 3, 5, 7, 9, 11, 13, 14, and 15, and the Daily Care and Long-Term Rentals obligations in Section 6, survive the end of the rental.

18. MASTER AGREEMENT; FUTURE RENTALS

(a) Covers all rentals. Once signed, this Agreement applies to this rental and to every later rental, delivery, or service MRE provides to Renter, whether booked by phone, text, email, in person, through our online store, or by QuickBooks or Shopify invoice. Renter does not need to sign again for each rental.

(b) Each rental. Each later rental is governed by this Agreement as signed, plus that rental's order, invoice, or rental confirmation, which states the equipment, rental dates, rates, transport, and charges (the "Rental Order"). Each Rental Order is part of this Agreement and serves as the Rental Schedule for that rental.

(c) Updates. MRE may update these terms by written notice to Renter (email or text to the contact information on file counts), with the updated terms attached or linked. An update applies only to rentals that start after the notice is sent. Rentals already in progress stay under the terms in effect when they started. Renter may decline an update by not booking further rentals.

(d) Order of precedence. If documents conflict, this order controls: (1) a written change signed or accepted in writing by both parties for a specific rental; (2) any schedule or addendum to this Agreement that Renter has accepted (for example, the Snow Season Schedule), for the rentals it covers; (3) this Agreement; (4) the Rental Order, but only for equipment, dates, rates, transport, and charges; (5) MRE's Terms of Service; (6) anything else, including website and product pages, advertising, and any purchase order or other document from Renter. Terms in a Renter purchase order or similar document that differ from or add to this Agreement are rejected and have no effect unless MRE agrees to them in a signed writing.

(e) Electronic signature consent. Renter agrees to do business with MRE electronically and agrees that this Agreement, any update, and any Rental Order may be signed, accepted, and kept electronically under the Colorado Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 et seq., and the federal E-SIGN Act. An electronic signature or record has the same effect as a signed paper original.

(f) Ending. Either party may end this Agreement for future rentals by written notice. Ending it does not affect rentals already started or amounts already owed, and the sections listed in §17 still survive.