Part 1 - Red Rover Container Rental Agreement Terms and Conditions
By signing this Agreement or requesting and/or receiving storage and other services offered by Red Rover, LLC (“Company”), you hereby agree to be bound by the terms and conditions set forth in this Agreement.
"Affiliate" means any individual, partnership, company, corporation, limited liability company, trust, estate, unincorporated association, syndicate, joint venture, unincorporated organization, or any other entity of which the Company owns (either directly or indirectly) at least five percent (5%) (whether voting or nonvoting) and of which the Company retains governing control (through officers, directors, managers, or a contractual relationship of any kind).
“Agreement” means all pages of Part 1 - Red Rover Container Rental Agreement Terms and Conditions), Part 2 – Vehicle Rental Terms and Conditions, Part 3 – Portable Container Transportation Terms and Conditions, and each “Rover Rental Contract Face Page” or “Face Page” attached as Schedule A (as may be amended from time to time), and whether each is made available in print or electronically.
“Facility” means a storage facility.
“Container” means a storage container identified on the Rover Rental Contract Face Page.
“Vehicle” means a truck identified on the Rover Rental Contract Face Page, which is used to transport a Container, and any vehicle Company substitutes for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents.
“Rover” means the fetchable storage device comprised of a Container and a Vehicle.
Unless Company offers, and Customer has purchased a Contents Coverage and/or Damage Protection Plan or has other insurance coverage, proof of which has been provided to Company, Customer agrees not to store property in the Container that has an aggregate value of over $5,000.00. Customer further agrees not to store property in the Container that may cause consequential damages or emotional distress to Customer or others if it were missing, stolen, sold, or damaged.
See Paragraphs 6 and 7 of the Vehicle Rental Terms and Conditions for information on additional prohibited uses of the Vehicle and the Collision Damage Waiver that Company offers in connection with the rental of the Vehicle.
ABOVE LIMITATIONS AGREED TO:
{initials}
Customer Initials
(a) Claims by Customer and all other persons must be presented in writing to Company within a reasonable time, and in no event any later than the earlier of: (i) 60 days after delivery/pickup of the personal property, goods, or furnishings from the Facility, or (ii) 60 days after Customer is notified by Company that loss or damage to part or all of the personal property, goods, or furnishings has occurred. Each claim must contain information necessary to identify the personal property, goods, or furnishings affected, the basis for liability and the amount of the alleged loss or damage, as well as all appropriate supporting documentation.
(b) No lawsuit or other action may be maintained by Customer or others against Company for loss or damage to the personal property, goods, or furnishings unless timely written claim has been given as provided in paragraph (a) of this Section and unless such lawsuit or other action is commenced by no later than the earlier of: (i) nine months after date of delivery/pickup of the personal property, goods, or furnishings from the Facility or (ii) nine months after Customer is notified that loss or damage to part or all of the personal property, goods, or furnishings has occurred.
(c) When personal property, goods, or furnishings have not yet been delivered/picked-up, notice may be given of known loss or damage to the personal property, goods, or furnishings by mailing of a letter via certified mail or overnight delivery to Customer. Time limitations for presentation of claim in writing and maintaining of action after notice begin on the date of mailing of such notice by Company.
If to Customer the notice will be sent to the address on file in the customer’s account.
{customer_address1}{customer_comma}{customer_address2}
{customer_city}, {customer_state} {customer_zipcode}
If to Company: Red Rover, LLC
5701 East Hillsborough Avenue, Ste 1419
Tampa, Florida 33610
Any notice or other communications to be given or that may be given pursuant to this Agreement shall be deemed to have been given: (x) five (5) calendar days after the deposit of such notice or communication in the United States mail, certified, return receipt requested, with proper postage affixed thereto; (y) upon the first business day after depositing such notice or other communication with Federal Express, Express Mail, or other expedited mail or package delivery service guaranteeing delivery no later than the next business day if next day delivery service has been requested and paid for; or (z) upon delivery if hand delivered to the appropriate address. A party may change its address for purposes of notices hereunder or the person or officer to whose attention such notice is to be given by giving notice of such change in accordance with this paragraph.
(a) Any and all disputes arising out of or relating to this Agreement shall be fully and finally resolved exclusively through binding arbitration under the rules of the American Arbitration Association (or other Arbitration mechanism agreed upon by the parties), the Federal Arbitration Act (ch. 1 of tit. 9 of United States Code), or, if the Federal Arbitration Act is held not to apply, Chapter 682 of the Florida Statutes, and the procedures set forth below. The arbitration shall be held before a board of arbiters consisting of three arbitrators in the state of Florida. One of the three arbiters shall be appointed by each party, and the two appointed arbiters shall appoint a third. A demand for arbitration shall be filed with the AAA’s office located in or closest to Pinellas County, Florida and the arbitration shall be held in Pinellas County, Florida, or as otherwise agreed to in writing by the parties. The demand shall be filed within the time allowed by the applicable statute of limitations or, if shorter, the time specified in Section 14 of this Agreement. Failure to file the demand within such period shall be deemed a full waiver of the claim. The parties agree to be fully and finally bound by the arbitration award, and, where allowed by law, a judgment may be entered on the award in any court having jurisdiction thereof.
(b) Notwithstanding anything to the contrary contained or referred to in this Agreement, the parties agree that no consolidated or class arbitrations shall be conducted. If a court or arbitrator decides for any reason not to enforce this ban on consolidated or class arbitrations, the parties agree that this Section 25, in its entirety, shall be null and void, and any disputes between the parties shall be resolved by court action, not arbitration. In such event, jurisdiction for any such action shall lie exclusively within the Circuit Courts serving Pinellas County, _Florida.
(c) Allocation of Arbitration Fees and Other Expenses. Each party shall pay its own arbitration filing fees and an equal share of the fees and expenses of the arbitrator. In all other respects, except to the extent otherwise determined by law, the parties shall be responsible for their own respective arbitration expenses, including attorneys’ fees.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Part 2 - Vehicle Rental Terms and Conditions (“Terms and Conditions”)
Red Rover – Vehicle Rental Terms and Conditions 06/2021
Portable Container Transportation Terms and Conditions
14.1. Red Rover’s Warranties and Representations. RED ROVER MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SERVICE THAT RED ROVER OFFERS, PROVIDES OR ARRANGES, DIRECTLY OR THROUGH A SERVICE PROVIDER OR TO ANY WEBSITE RED ROVER MAINTAINS FOR YOUR USE. RED ROVER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. MOREOVER, RED ROVER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE SUITABILITY OF THE CONTAINER FOR THE STORAGE OF YOUR PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, RED ROVER SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO CUSTOMER OR ANY OTHER PERSON WITH RESPECT TO THE FOLLOWING, REGARDLESS OF ANY NEGLIGENCE OF RED ROVER: (1) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT, ANY INADEQUACY OF THEREOF, ANY DEFICIENCY OR DEFECT (LATENT OR OTHERWISE) THEREIN, OR ANY OTHER CIRCUMSTANCE IN CONNECTION THEREWITH; OR (2) THE USE OR PERFORMANCE OF ANY EQUIPMENT OR ANY RISKS RELATING THERETO.
14.2. Customer’s Warranties and Representations. By signing this Agreement or using and/or requesting the Services, you expressly represent and warrant that (1) you are legally entitled to enter this Agreement; (2) if you reside in a jurisdiction that restricts the requested Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use and/or request Services; (3) you are at least 18 years old; (4) you reside or will reside in the United States or any of its territories; (5) you own or have legal possession to the property being shipped under this Agreement; (6) you have been advised that you should obtain adequate insurance to protect you from loss or damage to your personal property items; (7) you agree to comply with all Applicable Laws (defined in Section 10); and (8) you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement and your purpose for using and/or requesting Services is for your personal use; and (9) you have the right and authority to permit Red Rover’s unrestricted entrance upon the real property at which the Container is to be placed. You may not assign or otherwise transfer your account to any other person or entity.
Schedule A
ROVER RENTAL CONTRACT FACE PAGE
DATE/TIME OF PICK UP
ROVER SIZE
CONTAINER ID NO.
DUE-IN DATE/TIME
{service1_date}
{container1_length}
{container1_serial}
{return1_datetime}
{service2_date}
{container2_length}
{container2_serial}
{return2_datetime}
{service3_date}
{container3_length}
{container3_serial}
{return3_datetime}
Make/Model/Color/Year:
VIN:
License Plate:
Mileage Out:
Mileage In:
{truck_make}, {truck_model}, {truck_color}, {truck_year}
{truck_vin}
{truck_tag}
{truck_start_miles}
{truck_end_miles}
Monthly Charges
{monthly_charges_table}
Other Charges
{other_charges_table}
*Additional State and local sales, use and transportation taxes may apply.
I understand that The Rover must be returned to the following Facility: {location_name}, before 11:59pm on {service_date}. For each day the Rover is not returned, {truck_rental_fee} shall be added to the amount due upon return of the Rover.
(For Florida Rentals): Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
Customer Signature: {electronic_signature}
Printed Name: {customer_full_name}
NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE OR CREDIT CAR AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. IF SUCH COVERAGE EXISTS, AND IS CONFIRMED BY US, YOU MAY REQUIRE US TO SUBMIT ANY CLAIMS TO YOUR INSURANCE COMPANY. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS OPTIONAL NOT MANDATORY AND MAY BE WAIVED. THE LIMITATIONS AND EXCLUSIONS THAT APPLY TO THE COLLISION DAMAGE WAIVER ARE LISTED IN PARAGRAPHS 6 AND 7 OF THE VEHICLE RENTAL TERMS & CONDITIONS.
I represent that during the use of The Rover, I have and will continue to have a valid driver’s license, which driver’s license has not been suspended or revoked at any time during the immediately preceding three year period, and auto insurance with coverage limits of at least $100,000/$300,000 Bodily Injury and $100,000 Property Damage.
For Florida rentals: The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
I acknowledge that I have received the appropriate user instructions and manuals and acknowledge my responsibility to fully read and understand these user instructions before operating The Rover.
ADDITIONAL DRIVERS
The following individuals are additional “Authorized Drivers” who are permitted to operate the Vehicle. Each additional Authorized Driver represents that he or she is at least age 18 and holds a valid, unexpired driver’s license. CUSTOMER AND THE ADDITIONAL AUTHORIZED DRIVERS (IF ANY) ARE THE ONLY PERSONS PERMITTED TO DRIVE THE VEHICLE.
{driver_table}
By signing below, I agree to the terms and conditions in this Rover Rental Contract Face Page, the Container Rental Terms and Conditions, the Vehicle Rental Terms and Conditions and the Portable Container Transportation Terms and Conditions.
Customer Signature will be obtained electronically.