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DUMP TRAILER RENTAL AGREEMENT
Version 1.4 · May 6, 2026
LESSOR: Rhyolite Cross LLC, a Wyoming limited liability company, dba Dump Trailers Utah, 9675 S High Oak View Dr, Salem, UT 84653 (“Lessor”).
RENTER: The individual or entity identified in the booking submission and signing this Agreement (“Renter”).
This Agreement materially shifts risk to Renter and contains a binding arbitration clause and class-action waiver. Read it carefully.
1. Rental of Trailer
1.1 Trailer. Lessor rents to Renter the Big Tex Model 14LP heavy-duty ultra-low-profile dump trailer described in the booking submission (the “Trailer”), with approx. 14,000 lb GVWR, approx. 9,820 lb max payload, and a tandem-axle scissor-hoist hydraulic dump system.
1.2 Term. Begins at agreed pickup date/time (“Pickup”) and ends at agreed return date/time (“Return”). Time is of the essence.
1.3 Location. Pickup and return at 9675 S High Oak View Dr, Salem, UT 84653 unless otherwise agreed in writing.
2. Rental Fees and Payment
2.1 Renter pays the rental fee in full at booking. Reservations are not confirmed until payment clears.
2.2 Late Return. $25/hr late fee, max one additional rental day per 24 hours of delay. If Renter’s late return prevents Lessor from delivering the Trailer to any subsequent confirmed reservation, Renter shall additionally pay Lessor the full rental amount of each affected reservation as compensatory damages, in addition to all other fees owed under this Agreement. Both late fees and lost-revenue damages may be charged to the payment method on file without further notice.
2.3 Failure to Return. If not returned within 48 hours of Return time without written approval, Renter shall pay full replacement value of $15,000 plus all costs of recovery, towing, storage, and reasonable attorneys’ fees.
2.4 Cleaning. $75 fee if returned with debris, mud caking, or material residue not removable by sweeping.
2.5 Payment Authorization; Refundable Hold. At booking, Lessor will (a) charge Renter’s payment method for the rental fee plus applicable tax, and (b) place a refundable pre-authorization hold of $150.00 on the same payment method as security for damages, late fees, cleaning, and any other amounts owed under this Agreement. The hold is not a charge; funds are reserved by Renter’s card issuer and remain Renter’s property until and unless captured. The hold will be released upon timely, undamaged return of the Trailer (release timing is set by Renter’s card issuer; typically instant for credit cards and 3–5 business days for debit). For rentals exceeding the issuer’s authorization window, Lessor may periodically re-authorize the hold to maintain coverage through the rental term. If damage or other amounts are owed, Lessor may capture all or part of the hold. Renter further authorizes Lessor to charge the payment method on file for any amounts owed in excess of the hold, including late fees, cleaning fees, damage (including Liquidated Damages in Section 7), the Damage Administrative Fee, replacement value, recovery costs, and indemnification, without further notice or consent.
3. Authorized Use; Drivers
3.1 Trailer may only be towed and operated by Authorized Drivers (those listed on the booking and present at Pickup with valid licenses). All Authorized Drivers must be at least 25.
3.2 Strictly prohibited (material breach): (a) operation by anyone not listed; (b) subletting/lending/transferring to third parties; (c) hazardous materials (petroleum, paint, solvents, asbestos, batteries, electronics, propane, biohazards, hazardous waste); (d) loading beyond 9,820 lb payload or above the side walls (overfilling); (e) off-road use beyond reasonable site access; (f) use outside Utah without written approval; (g) any race, contest, or speed test.
3.3 Trailer may not leave Utah without Lessor’s prior written consent.
3.4 No Modification. Renter shall not modify, alter, repair, repaint, affix decals or signs to, or in any way change the Trailer. Renter shall not remove or alter any decals, warning labels, or identification markings.
3.5 Towing Capacity Certification. Renter represents and warrants that Renter’s tow vehicle has a manufacturer-rated towing capacity of at least 14,000 pounds and is equipped with (a) a 2-5/16" ball hitch rated for at least 14,000 lbs, (b) a 7-pin trailer wiring connector, and (c) a working trailer brake controller. Renter is solely liable for any damage, injury, or loss caused by inadequate or improper tow equipment.
4. Renter’s Insurance
4.1 Renter represents and warrants that throughout the term Renter maintains: (a) Utah-minimum auto liability ($30k/$65k/$25k); (b) coverage extending to all Authorized Drivers; (c) comprehensive and collision extending to non-owned trailers, covering damage to or loss of the Trailer.
4.2 Primary Coverage. Renter’s insurance is primary and non-contributing. Lessor’s insurance, if any responds, is excess only. Renter waives subrogation against Lessor.
4.3 Renter provides proof of insurance (declarations page) at booking. Failure entitles Lessor to refuse Pickup and retain rental fee as liquidated damages.
5. Inspection; Condition; GPS Tracking; Reporting
5.1 Renter inspects at Pickup and signs the Pickup Checklist. Defects not noted are deemed accepted.
5.2 Renter consents to Lessor photographing the Trailer at Pickup and Return as conclusive evidence of condition.
5.3 Renter returns the Trailer in same condition (ordinary wear excepted) and signs the Return Checklist. Damage at Return not noted at Pickup is presumed to have occurred during the rental.
5.4 GPS Tracking. Renter consents to GPS / telematics tracking of the Trailer at all times during the rental for theft prevention, recovery, fleet management, and operational monitoring. Renter shall not disable, remove, obstruct, or tamper with any GPS device on the Trailer; doing so is a material breach.
5.5 24-Hour Reporting. Renter shall notify Lessor within 24 hours of any accident, theft, vandalism, mechanical failure, citation, breakdown, or damage. Renter shall file a police report for any theft or accident involving injury or third-party property damage and provide Lessor a copy. Failure to report timely is a material breach and may forfeit insurance coverage.
6. Damage Responsibility
6.1 From Pickup until Lessor takes physical possession at Return, Renter is responsible for all loss or damage regardless of cause or fault: theft, vandalism, fire, flood, weather, road debris, collision, mechanical damage from misuse, hydraulic damage from overload/improper use, tire damage, lights/wiring/coupler/frame/floor damage.
6.2 Excluded: damage proximately caused by Lessor’s gross negligence or willful misconduct.
6.3 Computation. In the event of damage, Renter pays the greater of (a) actual repair cost (parts, labor, paint, sublet, plus Lessor’s reasonable supervision/coordination time at $55/hr) plus loss-of-use of $100/day up to the replacement value; or (b) the applicable Liquidated Damages amount in Section 7. If repair would exceed 50% of replacement value, the total-loss amount of $15,000 in Section 2.3 applies.
7. Liquidated Damages Schedule
7.1 Rationale. The amounts below represent the parties’ reasonable forecast of Lessor’s actual costs to address each type of damage, including parts at retail, third-party labor at fair market rates, mobile welder trip fees where applicable, and Lessor’s coordination and supervision time at $55/hr. Actual harm is uncertain and difficult to estimate at the time of contracting because each incident varies in severity, location, and required response. These amounts are reasonable pre-estimates of damages and are not penalties.
| Category | Amount |
|---|
| Lost or damaged key | $100 |
| Damaged tarp + roller kit | $400 |
| Damaged combo gate / barn doors | $1,100 |
| Hydraulic system damage | $1,800 |
| Tire (per tire, ST235/80R16 LRE) | $350 |
| Wheel (per wheel) | $250 |
| Wiring harness or LED lights | $250 |
| Coupler (2-5/16" 14k) | $700 |
| Side wall (per panel) | $1,200 |
| Floor sheet (10-ga steel) | $1,100 |
| Jack (12k top-wind) | $350 |
| Repairable frame damage | $3,000 |
| Severe / unrepairable frame damage (triggers total-loss replacement) | $15,000 |
7.3 Damage Administrative Fee. In addition to any amount above, Renter pays a $150 Damage Administrative Fee per incident for time spent documenting the incident, photographing damage, communicating with Renter and insurance carriers, filing claims, and updating records. This covers different work than supervision time included in Section 6.3 or the amounts above.
7.4 Multiple Categories. Where one incident causes damage in multiple categories, the amounts are cumulative.
7.5 Election by Lessor. Lessor may, at its discretion, charge actual repair cost under 6.3(a) instead of the Liquidated amount where actual cost is lower.
8. Disclaimer of Warranties
8.1 The Trailer is rented “AS-IS” and “with all faults.” Lessor makes no warranties, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. This disclaimer is a material part of the bargain.
9. Limitation of Liability
9.1 Liability Cap. To the maximum extent permitted by law, Lessor’s total cumulative liability arising from or related to this Agreement, the Trailer, or any use of the Trailer shall not exceed the total rental fees actually paid by Renter under this Agreement.
9.2 Consequential Damage Exclusion. In no event shall Lessor be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation lost profits, lost revenue, business interruption, inconvenience, emotional distress, diminution in value of Renter’s tow vehicle or other property, damage to Renter’s driveway or property from trailer operation, or any third-party claims, even if Lessor has been advised of the possibility of such damages.
10. Assumption of Risk
10.1 Renter acknowledges that towing, loading, dumping, and operating a 14,000 lb GVWR trailer is inherently dangerous and may result in property damage, personal injury, or death. Renter voluntarily assumes all risks, known and unknown, including risks arising from Renter’s own negligence, the negligence of any Authorized Driver, or the condition of any tow vehicle or roadway.
11. Indemnification
11.1 Renter shall defend, indemnify, and hold harmless Lessor, its members, officers, employees, agents, and affiliates from all claims, demands, suits, judgments, fines, penalties, losses, damages, and expenses (incl. reasonable attorneys’ fees) arising from: (a) Renter’s possession, use, operation, towing, loading, dumping, or return of the Trailer; (b) any injury to or death of any person, or damage to or loss of property, from Renter’s use; (c) any traffic citation, parking violation, toll, impound fee, or governmental fine during the term; (d) Renter’s breach of this Agreement; (e) any unauthorized use.
11.2 Renter’s indemnity obligations survive termination or expiration.
12. Personal Guarantee
12.1 If Renter is a business entity, the individual signing this Agreement personally guarantees full performance of all Renter obligations, including rental fees, late fees, cleaning fees, damage costs, the Damage Administrative Fee, replacement value, and indemnification. Such individual signs both for the entity and personally.
13. Default; Remedies; Self-Help Repossession
13.1 Default. Renter is in default if Renter (a) fails to return on time; (b) fails to pay any amount when due; (c) breaches any other provision; or (d) makes any false representation.
13.2 Remedies. In addition to any remedy at law or equity, Lessor may: (a) demand immediate return; (b) accelerate all amounts owed; (c) recover the Trailer using any lawful means at Renter’s cost; (d) charge Renter’s payment method on file; (e) report the matter to law enforcement as theft of leased property.
13.3 Self-Help Repossession. In the event of default, Renter authorizes Lessor and its agents to enter any premises where the Trailer may be located and recover the Trailer without notice or judicial process, provided such recovery is conducted without breach of the peace. Renter waives any claim of trespass, conversion, or wrongful repossession arising from any such recovery in good faith.
13.4 Notice and Cure for Lessor Breaches. Before claiming any remedy against Lessor for any non-monetary breach, Renter shall give Lessor written notice describing the breach with reasonable specificity and a 30-day opportunity to cure.
14. Dispute Resolution; Binding Arbitration; Class-Action Waiver
14.1 Binding Arbitration. Any dispute arising from or related to this Agreement, the Trailer, or the rental, whether in contract, tort, statute, or otherwise (a “Dispute”), shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single arbitrator, in Utah County, Utah. The award is final and may be entered in any court of competent jurisdiction.
14.2 Class-Action Waiver. Renter and Lessor each waive any right to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may award relief only on an individual basis and may not consolidate or join claims of more than one party.
14.3 Waiver Blowup Clause. If for any reason the class-action waiver in 14.2 is held unenforceable, the entire arbitration agreement in this Section 14 is void, and any Dispute shall instead be resolved in court under 14.5; the parties shall not arbitrate on a class basis.
14.4 Jury Trial Waiver. Should any Dispute proceed in court for any reason, each party knowingly, voluntarily, and intentionally waives any right to a trial by jury.
14.5 Court Proceedings (Fallback). If arbitration is unavailable for any reason, any Dispute shall be brought exclusively in the state or federal courts located in Utah County, Utah.
14.6 Governing Law. Utah law governs, without regard to conflict-of-laws principles. The Federal Arbitration Act governs Section 14.
14.7 Attorneys’ Fees. Prevailing party recovers reasonable attorneys’ fees and costs.
15. Electronic Signatures; Communications
15.1 Electronic acceptance at booking + electronic signature at Pickup have the same legal force as ink-on-paper under the federal E-SIGN Act and the Utah Uniform Electronic Transactions Act.
15.2 Notices may be delivered by email or text to the addresses Renter provided at booking, deemed received the day sent.
16. General
16.1 Entire Agreement. This Agreement, together with the booking submission, Pickup Checklist, and Return Checklist, is the entire agreement; supersedes all prior oral or written agreements.
16.2 Amendments. Only effective in writing signed by both parties.
16.3 Severability. Unenforceable provisions are modified to the minimum extent necessary; the rest survives. Section 14.3 governs the class-action waiver case.
16.4 Waiver. No failure/delay constitutes waiver; waiver of any breach is not waiver of any subsequent breach.
16.5 Assignment. Renter may not assign without Lessor’s consent. Lessor may assign freely.
16.6 Successors and Assigns. Binds and benefits the parties and their heirs, executors, administrators, successors, and permitted assigns.
16.7 Cumulative Remedies. All Lessor rights and remedies are cumulative, not exclusive; pursuit of one does not waive any other.
17. Acknowledgment
By submitting this booking and continuing to payment, Renter acknowledges:
(a) Renter has read this Agreement in full;
(b) Renter has had the opportunity to ask questions and seek independent legal advice;
(c) Renter understands that the limitation-of-liability, damage-responsibility, indemnification, assumption-of-risk, binding-arbitration, and class-action-waiver provisions materially shift risk from Lessor to Renter;
(d) Renter agrees to be bound by every term of this Agreement.
— End of Rental Agreement —