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. 

1. Definitions. For purposes of this Agreement, the following definitions apply:

     "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.

1. Fetchable Storage Rental, Storage, Condition, and Return. Customer agrees to rent one or more Rovers, consisting of a Container, which will be loaded onto and transported by a Vehicle. The Container and Vehicle are each identified on a Rover Rental Contract Face Page, a link for which will be emailed to the Customer at the time of each pick-up of a By using a Rover, Customer also agrees to rent the Vehicle identified on the Rover Rental Contract Face Page for that Rover from Company, and Company agrees to rent that Vehicle to Customer in consideration of Customer’s payment of fees and charges associated with the Vehicle rental and subject to the Vehicle Rental Terms and Conditions set forth in Part 2 of this Agreement and the Face Page.  Customer shall take delivery of a Rover at the Facility identified on the Face Page, with an empty Container, and return that Rover to that Facility (unless otherwise specified in the Rover Rental Contract Face Page) with the Container containing Customer’s contents loaded for storage ("Rover Use 1"). Before expiration of the Term, Customer shall take delivery of a Rover at a Facility identified in an amended Rover Rental Contract Face Page, with the Container containing Customer’s contents, and return The Rover to the same Facility (unless otherwise specified in the applicable Rover Rental Contract Face Page), with the empty Container ("Rover Use 2"). For each of Rover Use 1 and Rover Use 2 and any additional Rover Uses (each a "Use"), Customer agrees: (a) not to load or unload the Container onto or off of the Vehicle; and (b) to return the Rover in the same operating order, repair, condition, and appearance as when Customer took delivery hereunder, excepting only for ordinary and reasonable wear and tear. Company will store the Container at Company’s premises, and Customer agrees that Company will have the right and authority to store the Container at any Facility operated by Company or an Affiliate of Company. For the purposes of this Agreement, Company shall attempt to store the Container at a Facility closest to Customer’s address. 
2. Term and Termination.
   1. Term. The term of this Agreement shall commence on the date Customer takes delivery of The Rover at a Facility (the "Effective Date") and continue in full force and effect until the end of one (1) full calendar month (the "Initial Term").
   2. AUTO-RENEWAL. Following the Initial Term, this Agreement shall automatically renew for additional, successive one (1) calendar month terms (each, a “Renewal Term”) unless terminated in accordance with the terms of Section 3 below. The Initial Term and any Renewal Term are collectively referred to as the “Term” of this Agreement.
   3. Termination. Company may terminate this Agreement, at any time, for any reason or for no reason, by giving notice (written or oral) of such termination to Customer, and Customer may terminate this Agreement, at any time, for any reason or for no reason, by giving notice (written or oral) of such termination to Company; provided however that in either case, such termination will not be effective until Customer will have completed all of the following actions: (i) signing of an updated Rover Rental Contract Face Page; (ii) retrieval of a Rover with the Container containing his or her contents; and (iii) return of the Rover with an empty Container to the Facility identified on the applicable Rover Rental Contract Face Page. Customer must satisfy all payments due hereunder, including any applicable mileage, toll, or late charges upon return of the Rover or within 10 days following receipt of a final invoice from Company. Customer shall retrieve and return The Rover as set forth in this Paragraph 3 within twenty (20) days after either party delivers notice of Customer agrees that any personal property left in The Rover shall be deemed abandoned by Customer, and with respect thereto, Customer authorizes Company to remove such property from The Rover and either dispose of it in any manner in Company’s sole discretion and without liability to Customer or retain such property as collateral for payment of the removal charges and/or any other amounts due Company. Nothing herein shall be construed as imposing a duty upon Company to store or safeguard such abandoned property. Customer shall be responsible for any reasonable charges associated with the cleaning of The Rover and disposal of such property by Company.
3. Long Distance Moves. In the event Customer requires taking delivery of The Rover for Rover Use 1 at a Facility and requires taking delivery of The Rover for Rover Use 2 at a different Facility, such move will be considered a "Long Distance Move." In the event of a Long-Distance Move, Company shall store the Container, in its sole discretion, at a Facility close to either Customer’s address for Rover Use 1 or Customer’s address for Rover Use 2. Company may assign this Agreement to its Affiliate, as appropriate from time to time. Company shall be responsible for contracting for transportation of the Container between Facilities. Customer further acknowledges and agrees that Company may use a third party (unrelated) transportation company to transport the Container between Facilities during a Long-Distance Move.
4. Payment. Customer shall pay to Company all charges incurred under this Agreement, including the amounts listed on the Face Page, corresponding with the size and type of The Rover, on or before the applicable due date (as set forth in this Agreement and on the Face Page). Payment for the first month of storage and any waivers or insurance, will be charged to the Customer’s credit card the day before the Rover is made available to the Customer. Any cancellations must be made two days prior to the pickup of the Rover by updating your account via the website redrovers.com or by phone or in writing, by email to concierge@RedRovers.com. Once the e’s credit card has been charged, the amount is non-refundable. Additional charges, such as mileage will charged to the Customer’s credit card upon return of the truck. Customer shall pay any fees associated with the late return of The Rover at the earlier of the applicable due date or the return of The Rover. If Customer does not make any payment within five (5) days of the applicable due date, a late charge equal to the lesser of $25 per occasion or the maximum allowed by law shall be assessed. In the event any Customer payment method is rejected or declined, any and all charges associated with such rejection or declination shall be paid by Customer, in addition to the late fee described in this Section 4 if such rejections or declination causes the payment to be late. If Customer does not make any payment along with the late charge assessed thereon within fifteen (15) days of the due date of the original payment, Company shall have the rights and remedies described in Section 10 below. Customer understands that Company may increase the monthly rate after Customer has stored its property in a Container for three calendar months and any time thereafter.  Company will provide advance written notice to Customer before implementing a price increase.  In the event Customer refuses to accept the new rates proposed by Company, Company may terminate this Agreement upon thirty (30) days’ prior written notice to Customer.
5. Use and Operation. Customer shall cause The Rover to be used and operated strictly in accordance with all manufacturer’s manuals of instruction. Customer agrees to exercise due care in the manner in which and the purposes for which The Rover is used, to abide by, conform to, comply fully with, and cause others to abide by and to, all present and future federal, state, municipal, and other laws, ordinances, orders, rules, and regulations and all applicable accreditation standards relating to, controlling, or in any way affecting the lease, operation, possession, maintenance, and use of The Rover. The Rover shall be used exclusively for the purpose of storing and transporting tangible personal property, goods, and furnishings. Customer understands and agrees that Company need not be concerned with the kind, quantity, or value of property or other goods stored by Customer in the Container pursuant to this Agreement. Customer specifically acknowledges and agrees: (a) that The Rover may only be used for storage of personal property, goods, and furnishings within the Container, and that the use of The Rover for the conduct of business or for HUMAN OR ANIMAL HABITATION OR TRANSPORTATION IS SPECIFICALLY PROHIBITED; (b) that Customer assumes full responsibility and liability for packing Customer’s property in The Rover and for securing Customer’s property for over the road transportation; and (c) the weight of Customer’s property packed into The Rover shall be evenly distributed throughout the Container. Customer shall store only personal property which Customer owns or has the legal right and authority to store in the Customer shall not store any food or perishable, hazardous, illegal, stolen, environmentally harmful, explosive, or flammable property. Customer shall not use The Rover in any manner that will constitute waste, nuisance, or unreasonable annoyance to Company or any of its other customers. Customer acknowledges and agrees that the Container and the Facility are not suitable for the storage of objects which have sentimental value to the Customer or others, including, but not limited to, heirlooms or precious, invaluable, or irreplaceable property such as works of art, collectibles and other items for which no immediate resale market exists. Customer agrees that the value of any of the foregoing items that Customer chooses to store in the Container in violation of this provision shall be $5,000, even if Customer has purchased a Contents Coverage and/or Damage Protection Plan. Further, Customer acknowledges and agrees not to store the following items in the Container: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, pewter, precious metals, stored value cards, smart cards, manuscripts, personal records, stamps, jewelry, watches, furs, precious and semiprecious stones, firearms, animals, birds, fish, aircraft, hovercraft, vehicles, motorcycles, engines, computer software or programs, media or computer data contained on hard disks or drives, and property not owned by the Customer or for which Customer is not legally liable.

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. 

6. Alterations and Modifications. Customer shall not make any additions, improvements, alterations, or modifications to The Rover without having obtained the prior written consent of Company, which may be withheld in the sole and absolute discretion of Company. Without limiting the immediately preceding sentence, all additions, improvements, modifications, accessories, parts, and replacements shall immediately become the property of Company, shall be deemed incorporated into The Rover, as applicable, and shall become subject to the terms of this
7. Right of Inspections. Customer represents and warrants that Customer has as owner or otherwise: (a) all the necessary rights with respect to the Customer’s premises for purposes of this Agreement; and (b) the right and authority to permit Company’s unrestricted entrance upon Customer’s At any reasonable time, Company or its duly authorized representative shall have the right to enter the Customer’s premises for the purpose of inspecting The Rover or observing its use. By providing reasonable advance notice to Company, Customer shall have access to the Container at Company’s Facility only during specified hours which are normally 8:30 am to 5:00 pm local time. Customer should call 833-733-7683 to confirm the access hours, schedule access, or make special arrangements for access during non-business hours. Customer hereby authorizes Company to enter upon the Customer’s property whenever Company deems it necessary to enforce any of Company’s rights pursuant to this Agreement or pursuant to any state or federal law.
8. Bailment/Mini-Storage. Customer acknowledges and agrees that no bailment or deposit of goods for safekeeping is intended or created hereunder. Due to the nature of Company’s business and its purpose being self-service transportation and storage, Customer further understands that Company is not representing to Customer, in any manner whatsoever, that Company is a warehouseman as such term is defined by applicable state statutes. Further, the parties expressly agree that any laws related to the deposit of goods for safekeeping shall not apply to this Agreement, including but not limited to warehouseman laws or bailment laws; provided however, that the Self-storage Facility Act, Florida Statutes Sections 83.801 - 83.809 shall apply to this Agreement.
9. No Encumbrance. During the Term, Customer shall: (a) at all times keep The Rover free and clear from all levies, attachments, security interests, encumbrances, liens, restrictions, charges and judicial or administrative process of every kind ("Encumbrance"), and (b) give Company immediate written notice of any pending or threatened Encumbrance affecting all or any portion of The Rover. Customer hereby grants Company a lien on all property stored in the Container rented by Customer for the payments due hereunder, including any late or other charges, present or future, and expenses reasonably incurred in the sale or other disposition of the contents pursuant to Section IN ADDITION TO THE LIEN PROVIDED IN FLORIDA STATUTES SECTION 83.805 AND ANY LIEN AND REMEDIES PROVIDED BY ANY OTHER APPLICABLE STATE LAW TO SECURE AND COLLECT PAYMENT HEREUNDER, CUSTOMER HEREBY GRANTS TO COMPANY A CONTRACTUAL LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE CONTAINER(S), TO SECURE THE PAYMENT OF ALL AMOUNTS AND CHARGES PAYABLE UNDER THIS AGREEMENT.
10. Remedies. In the event Customer is in breach of this Agreement, Company may at any time thereafter, at its election, (i) seek any and all remedies available at law or in equity, or (ii) except as prohibited by law, deny access to the Container(s) and enforce its lien against all property of Customer stored in the Container(s) in accordance with the laws of the jurisdiction in which Customer’s property is located at the time Company commences the enforcement of its CUSTOMER’S PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE NEAREST SUITABLE LOCATION TO SATISFY THE APPLICABLE LIEN LAW. PROCEEDS, IF ANY, FROM THE SALE OF THE PROPERTY IN EXCESS OF AMOUNTS OWED TO COMPANY, WILL BE PAID (IF ANY) TO THE STATE TREASURER IF UNCLAIMED BY THE CUSTOMER AS PRESCRIBED BY APPLICABLE LAW (WHICH MAY BE ONE YEAR OR MORE AFTER THE SALE). AS COMPANY HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE CONTAINER, CUSTOMER HEREBY WAIVES ANY OBLIGATION THAT COMPANY PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN SUCH CONTAINER TO THE EXTENT REQUIRED BY APPLICABLE STATE LIEN LAWS.
11. Risk of Loss. The parties acknowledge that Customer shall not take ownership of The Rover at any Notwithstanding the foregoing, Customer assumes all risk of theft, loss, and damage of or to The Rover from any cause whatsoever, including, without limitation, burglary, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of Company or its agents. No theft or loss of, or damage to, The Rover or any portion thereof, shall impair any obligation of Customer under this Agreement. Customer has inspected the Rover, Container and Facility and hereby acknowledges and agrees that Company does not represent or guarantee the safety or security of the Rover, Container, Facility or any of the personal property stored therein, and this Rental Agreement does not create any contractual obligation for Customer to increase or maintain such safety or security.
12. Limitation of Liability. ALL PERSONAL PROPERTY IS STORED, HANDLED AND TRANSPORTED BY OCCUPANT AT CUSTOMER’S SOLE RISK. Company or its agents shall not be responsible to Customer or to any other person for any damage or loss, however caused, during transit or otherwise, including, without limitation, active or passive acts, omissions, negligence or conversion, by Company or its agents, unless the loss or damage is directly caused by Company’s fraud, willful injury, or willful violation of law. In addition, Customer hereby releases Company or its agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons that could have been insured against. Customer expressly agrees that the carrier of any insurance obtained by Customer shall not be subrogated to any claim of Customer against Company or its agents. CUSTOMER WAIVES ANY CLAIM FOR EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO CUSTOMER’S PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE CUSTOMER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PCONTAINERIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO CUSTOMER. COMPANY’S AND ITS AGENTS’ TOTAL, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF CUSTOMER’S PROPERTY, SHALL NOT EXCEED $5,000. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT.

ABOVE LIMITATIONS AGREED TO:

            {initials}

            Customer Initials

13. Indemnification Customer hereby agrees to indemnify, defend, and hold harmless Company from and against all claims, damages, costs, and expenses, including attorneys’ fees, resulting from the use, including fraudulent use, of The Rover, including but not limited to any damage to The Rover, ordinary wear and tear
14. Notice of Claim and Time for Filing Action.

(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.

15. Personal Information. Customer agrees that Company may disclose personally identifiable information about Customer to applicable law enforcement agencies or to Affiliates or third parties in connection with enforcement of Company’s rights under this Agreement and for other legitimate business purposes. c
16. Limited Representations and Warranties. Customer hereby acknowledges that he or she has had an opportunity to examine and investigate The Rover and its size, design, and capacity as well as Company’s and user’s manual; that The Rover meets the description described on Schedule A; and that The Rover is satisfactory for Customer’s purposes. Customer acknowledges that Company is not the manufacturer of The Rover, or any portion thereof, and that Company HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE FITNESS, CONDITION, CAPACITY, PERFORMANCE, DESIGN, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY, OR ANY OTHER ASPECT OF THE ROVER, VEHICLE, CONTAINER, OR THEIR OR ANY THIRD PARTY’S MATERIAL OR

17. Assignment.

• Customer shall not sell, assign, transfer, pledge, or hypothecate this Agreement or any interest herein, without the prior written consent of Company, which consent may be withheld or delayed in the sole discretion of
• This Agreement may be freely transferred or assigned by Company at any time, without notice to or consent of

18. Waivers. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided
19. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, and unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
20. Entire Agreement. This Agreement including, without limitation, Parts 1, 2 and 3 of this Agreement, and Schedule A (and in the event Customer elects to purchase the Contents Coverage and/or Damage Protection Plan, such Contents Converge and/or Damage Protection Plan), constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. In the event of any conflict between the provisions of this Agreement and the Contents Coverage and/or Damage Protection Plan, the Contents Coverage and/or Damage Protection Plan shall
21. Notices. All notices or other communications that are required or may be given or made pursuant to this Agreement shall be in writing and shall be: (a) delivered personally, by hand, or (b) delivered by registered or certified mail, return receipt requested, through the United States mail, postage prepaid, or (c) delivered through or by Federal Express, Express Mail, or other expedited mail or package service, addressed to the parties as follows:

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.

22. Headings. The headings used in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning of interpretation of this
23. Governing Law; Venue. This Agreement, and the application or interpretation thereof, shall be governed exclusively by its terms and by the laws of the State of Florida, without regard to conflicts-of-laws Venue for all purposes shall be deemed to lie within Pinellas County, Florida.
24. Attorney’s Fees. Should either party employ an attorney to enforce any of the provisions hereof, or to protect its interests in any manner arising hereunder, or to recover damages for the breach hereon, the party prevailing shall be entitled to recover from the other party all reasonable costs, charges and expenses, including attorneys’ fees and other legal costs, expended or incurred in connection therewith, before, during and subsequent to arbitration proceedings (or any litigation, including appellate, if applicable).
25. Arbitration.

(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.

26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy, including by DocuSign or other electronic or digital signature, of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
27. Force Majeure. Neither party shall be liable to the other for default in the performance or discharge of any duty or obligation under this Agreement, except for Customer’s obligation to pay for all charges incurred, when caused by acts of God, hurricanes, tidal waves, flood, tornadoes, cyclone, wind storm, earthquake, public enemy, civil commotion, strikes, labor disputes, work stoppages or other difficulties within the workforce, failure to provide power by the utility provider, intentional or malicious acts of third persons or any other organized opposition, cyber-attacks, viruses, corruption, depredation, accidents, explosions, fire, water sprinkler leakage, moths, vermin, insect, seizure under legal process, embargo, prohibition of import or export of goods, closure of public highways, railways, airways or shipping lanes, governmental interference, order, regulation, or other action(s) by governmental authority, national, regional, or local emergency(ies), plague, epidemic, pandemic, outbreaks for infectious disease or any public health crisis, including but not limited to compliance with related practices required or recommended by governmental or health organizations (including but not limited to quarantine or other employee restrictions) or other contingency(ies), similar or dissimilar to the foregoing, beyond the reasonable control of the affected party. Upon the occurrence of such an event the party seeking to rely on this provision shall promptly give written notice to the other party of the nature and consequences of the cause. Customer agrees to pay the charges associated with Company’s obligation during the continuance of the force majeure. All personal property, goods, and furnishings are stored, handled, and transported at Customer’s sole risk of loss, damage, or delay caused by any of the above.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Part 2 - Vehicle Rental Terms and Conditions (“Terms and Conditions”)

1. Definitions. For purposes of these Terms and Conditions, the following definitions will apply:

• “Vehicle Rental Agreement” or “Rental Agreement” means all terms and conditions found on all pages of these Terms and Conditions, an “Order Confirmation,” and a “Rover Rental Contract Face Page” or “Face Page.”
• “Daily Vehicle Rate” means your daily time and mileage fee and excludes fees for optional services or products that you elect to purchase.
• “You” or “your” means the person identified as the Customer on the Order Confirmation, each person signing this Rental Agreement, every Authorized Driver and each person or organization to whom charges are billed by us at its or the Customer’s direction. You are jointly and severally bound by this Rental Agreement.
• “We,” “us” or “our” means Red Rover, LLC.
• “CDW” means Collision Damage Waiver.
• “Collision Damage” means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other loss not caused by collision or upset.
• “Vehicle” means the truck identified in this Rental Agreement and each vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and documents.
• “Rental Period” means the period from the time you take possession of the Vehicle until the time that the Vehicle is either returned to or recovered by and checked in by us.
• “Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
• “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss.
• “Charges” means the fees and charges that are incurred under this Rental Agreement.
• “Vehicle License Fee” means our estimate of the average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs.

2. Nature of Contract. This Rental Agreement is a contract for rental of the Vehicle offered to you.  You agree that you are not our agent for any purposes, and that you may not assign or transfer your obligations or sublease the Vehicle. By signing the Face Page, you agree to all terms and conditions of this Rental Agreement and acknowledge that we agree to rent the Vehicle to you in consideration of the fees you pay us and the other rights and obligations of this Rental Agreement.

3. Authorized Drivers. The only persons authorized to drive the Vehicle are the Customer, the additional driver(s) listed on the Vehicle Rental Face Page, which is attached hereto and incorporated by reference herein. Customer and any Additional Drivers must: (i) be at least age 18; (ii) possess a valid driver’s license for the type of vehicle rented; and (iii) provide proof of auto insurance coverage meeting the requirements of Paragraph 8 below.
4. Inspection; Condition and Return of Vehicle; No Warranties. You agree that you are renting the Vehicle “As Is,” and that you had an opportunity to inspect it before leaving the premises. You must return the Vehicle to our office on the date and time specified on the Order Confirmation (or sooner upon our demand). We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Rental Agreement. You may extend the Rental Period for up to one day if you obtain our consent before the date due.  The total Rental Period may not exceed 30 days under any circumstances. The Vehicle must be returned in the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for all damage to or loss of it until we inspect it on reopening for business, and Charges may continue to accrue, and you will incur a late fee of $300. You must obtain our prior written approval before refueling the Vehicle, servicing the Vehicle or replacing parts or accessories, and you understand that we are not likely to grant that consent. You grant us, our agents, assigns and each person with a financial interest in the Vehicle the right to inspect the Vehicle during the Rental Period.  To the extent permitted by law, we make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

5. Responsibility for Damage to or Loss of the Vehicle. Customer must report all accidents or incidents of theft or vandalism involving the Vehicle to Company and the police as soon as practical upon discovery. Customer understands and agrees that Customer is responsible for all damage to or loss or theft of a Vehicle during a Rental Period, regardless of fault, resulting from any cause, including damage caused by collision or upset, weather, vandalism, theft, road conditions and acts of nature.  Customer’s responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if Company determines that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus diminished value; (b) Loss of Use, measured by multiplying Customer’s Daily Rental Rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which Customer agrees represents a reasonable estimate of Loss of Use damages and not a penalty.  Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with Company’s enforcement of this Rental Agreement.  

6. Collision Damage Waiver (“CDW”). If we offer, and Customer purchases, CDW, the Company waives Customer’s responsibility for Collision Damage to the Vehicle. Any CDW that Customer purchases will be invalidated, and the Company will not waive its right to hold Customer financially responsible for Collision Damage to the Vehicle that results from a Prohibited Use described in Paragraph 7 below. CDW may also be void if Customer fails to report an accident or incident to the police or to cooperate in a loss investigation by the Company or its insurer. CDW is not insurance, is optional, and may duplicate coverage under Customer’s own insurance policy or credit card. Customer may wish to check with his or her insurance representative or credit card company to determine whether Customer has coverage or protection for damage or loss of the Vehicle.  CDW does not apply to keys, key fobs, transponders, or the Container.

7. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Rental Agreement (“Prohibited Uses”). The Vehicle may not be used:

• 1. by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended;
  2. by anyone under the influence of alcohol or a controlled substance;
  3. by anyone who obtained the Vehicle or extended the rental by giving the Company false, fraudulent or misleading information;
  4. in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation);
  5. to carry persons or property for hire, including use of the Vehicle as a taxi, limousine, “black car,” transportation network company vehicle, delivery service, or for similar commercial use;
  6. to push or tow anything;
  7. in any race, speed test or contest;
  8. to teach anyone to drive;
  9. to carry dangerous or hazardous items or illegal materiel;
  10. outside the United States or Canada;
  11. on unpaved roads;
  12. to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment;
  13. to transport children without approved child safety seats as required by law;
  14. when the odometer has been tampered with or disconnected;
  15. when it is reasonable for you to know that further operation would damage the Vehicle;
  16. if applicable, by anyone who lacks experience operating a manual transmission;
  17. to transport an animal (other than a service animal);
  18. in connection with a willful, wanton or reckless act; or
  19. by anyone who is driving or operating the Vehicle while operating hand-held devices (including cell phones, mobile computers, or other devices that are capable of receiving or transmitting telephonic communications, electronic data, email or text messages) while not in a hands-free mode or otherwise in compliance with applicable laws and regulations relating to use of electronic devices while driving.
  20. Smoking and vaping in or around the Vehicle and removal of a GPS device are also prohibited. Failure to cooperate with the Rental Company or its assignee in the investigation of a damage incident or claim may invalidate optional protection that you purchase, including CDW. PROHIBITED USE OF THE VEHICLE VIOLATES THIS RENTAL AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE EXTENT PERMITTED BY LAW).

8. Responsibility to Third Parties; Insurance. You are responsible for all damage or loss caused by a Vehicle to third parties and yourself during a Rental Period. It is your responsibility to know and understand the insurance coverage you have or elect to purchase for each rental. You agree to maintain automobile insurance during each Rental Period which provides Company and you the following primary coverage: (a) Bodily injury (“BI”) and property damage (“PD”) liability coverage; (b) Personal injury protection (“PIP”), no-fault, or similar coverage where required; (c) Uninsured/underinsured (“UM/UIM”) coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the following minimum limits of coverage:  $100,000/$300,000 BI and $100,000 PD. Where permitted by law, by signing this Rental Agreement, you and Company reject UM/UIM, no-fault, and PIP coverages. If such protection is imposed by operation of law, it will be for the minimum limits required. Because you are providing auto insurance, Company is not. If required by law, the Company will provide BI or PD liability coverage under an insurance policy (the “Policy”). The Policy extends only to the minimum limits prescribed by the state law applicable to the loss; is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent; contains exclusions, conditions, and limitations applicable to anyone claiming coverage; does not cover injury to you, any other driver, or your passengers; and does not apply outside the U.S. or Canada. You must: (a) report damage to the Company and accidents or theft to the Company and the police upon discovery; (b) complete the Company’s incident report form; and (c) provide a copy of any service of process or notice of any kind related to a Vehicle to the Company. Failure to complete an incident report, or to timely report accidents or theft to the Company and the police, is a material breach of this Rental Agreement. The Policy may be void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Rental Agreement.  The Vehicle may not be taken to Mexico under any circumstances.
9. Indemnification. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Rental Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
10. Liability for Violations. Customer is liable for all parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against Customer, Company or a Vehicle during a Rental Period. If Company is notified by charging authorities that Company may be responsible for payment of a Violation, Customer agrees that Company or a processing firm (“Processor”) may, in our sole discretion and without prior notice to Customer, pay the Toll or Violation plus applicable taxes on Customer’s behalf directly to the appropriate authority.  If Company or a Processor elect to pay a Violation, Customer may not be able to challenge the validity of the Violation before the charging authority.  Company or the Processor will charge Customer the face value of the Toll or Violation and any taxes, plus an administrative fee per Violation. If Company or a Processor, in our sole discretion, elect to transfer liability for a Violation assessed against the Vehicle during the Rental Period to Customer personally, Company or the Processor will charge you an administrative fee per Violation.  Customer authorizes Company to release their rental and payment card information to the charging authorities and the Processor for processing and billing purposes.  If Company or the Processor pay a Violation, Customer authorizes Company and the Processor to charge all payments and administrative fees to the payment card used in connection with this Rental Agreement. 
11. Reserve; Charges. You permit us to reserve against your payment card at the time of rental a reasonable amount in addition to estimated total charges. We may use the reserve to pay all Charges. We will authorize the release of any excess reserve upon the completion of your rental. Your payment card issuer’s rules will apply to your credit line or account being credited for the excess, which may not be immediately released by your card issuer. You will pay us all Charges, including: (a) taxes, surcharges, and other fees; (b) a return check fee if you pay us with a check returned unpaid; (c) all expenses we incur recovering the Vehicle if it is not returned to the renting location on the date and time promised; (d) all costs we incur collecting payment from you or otherwise enforcing our rights under this Rental Agreement; (e) a late fee on all Charges that are not paid when due; (f) a reasonable fee to clean the Vehicle if it is returned with evidence of smoking, vaping, or animals or otherwise substantially less clean than when received by you; (g) applicable time and mileage fee; (h) excess mileage free if you exceed the mileage allowance set forth in the Order Confirmation or Rover Rental Contract Face Page; (i) a mileage charge based on our experience if the odometer is tampered with; (j) towing, storage charges, Violations, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle; (k) a reasonable fee if you lose the keys, key fob, or toll transponder to the Vehicle; and (l) a surcharge if you do not return the Vehicle on the date and time and to the location specified on the Face Page.  All Charges are subject to our final audit.
12. Telematics Notice. Company’s Vehicles may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR) that collects and transmits data from the Vehicle.  Customer acknowledges and authorizes that use of a Vehicle may be remotely monitored by Company or on its behalf o through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements that the Company may deem necessary.  Customer agrees to inform all Authorized Drivers and passengers of the Vehicle of the terms of this paragraph, and that Customer has authorized release of information collected by GPS or other telematics system or EDR.  Company is not responsible for the operability of any telematics navigational or other system included with the Vehicle.  To the extent permitted by law, Customer agrees to release Company and agrees to indemnify, defend and hold Company harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
13. Weigh Stations. Customer agrees to comply with state laws regarding weigh stations when traveling on highways and to comply with all instructions given by weigh station personnel or DOT officers. Note:  Certain states require all trucks to stop at highway weigh stations – even if they are being used for the transportation of household goods and not for commercial purposes.
14. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to our affiliates or third parties in connection with enforcement of our rights under this Rental Agreement and for other legitimate business purposes. The Vehicle may be equipped with an infotainment system that permits you to connect your personal device and pre-set radio stations and GPS locations.  If you use an infotainment system, the Vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device.  Follow the steps displayed on the Vehicle system screen to delete this information and the device from the Vehicle's memory.  We are not responsible for assuring the privacy of that information and cannot guarantee that other persons will not have access to this information after you return the Vehicle. For more information on our privacy policy go to https://redrovers.com/privacy-policy/.
15. Miscellaneous. No term of this Rental Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. This Rental Agreement constitutes the entire agreement between you and us.  All prior representations and agreements between you and us regarding the use of the Vehicle are void, except that to the extent that there is a conflict between this Rental Agreement and the Red Rover Terms and Conditions, the Red Rover Terms and Conditions are controlling. Our waiver of a breach of this Rental Agreement, our acceptance of payment from you, or our failure, refusal or neglect to exercise our rights under this Rental Agreement does not constitute a waiver of another provision of this Rental Agreement. TO THE EXTENT PERMITTED by law, you: (A) release us from all liability for consequential, special or punitive damages in connection with this transaction or the reservation or use of a vehicle; AND (B) WAIVE ALL RECOURSE AGAINST US FOR CRIMINAL PROSECUTIONS WE TAKE AGAINST YOU FOR BREACH OF THIS RENTAL AGREEMENT.  If a provision of this Rental Agreement is deemed void the remaining provisions are valid and enforceable.

Red Rover – Vehicle Rental Terms and Conditions 06/2021

Portable Container Transportation Terms and Conditions

1. Contractual Relationship. By signing this Agreement or requesting and/or receiving storage and transportation services offered by Red Rover, you hereby agree to be bound by the terms and conditions set forth in this Agreement. 

2. Term.  The term of this Agreement commences as of Effective Date and continues until the empty Container is surrendered to Red Rover.  

3. Services.  Pursuant to the terms of this Agreement, Red Rover will arrange for third-party motor carriers (“Servicing Motor Carriers”) to transport your personal property in the Container (“Services”). The Parties understand and agree that Red Rover functions as a property broker, and not as a motor carrier. You are responsible for packing, loading, and unloading your personal property into the Container. You acknowledge and agree that neither Red Rover nor the Servicing Motor Carriers are responsible for packing, loading and/or unloading, or otherwise handling your personal property to be stored or loaded in the Container. Further, you acknowledge and agree that when the Servicing Motor Carrier is transporting a Container loaded with your personal property, it is doing so as a property motor carrier and not a household goods motor carrier. Neither Red Rover nor the Servicing Motor Carrier is providing full service residential moves or other specialized household goods services under this Agreement. To the extent permitted by law, you are responsible for securing your personal property inside the Container in preparation of the transportation of the Container. In securing your personal property in the Container, you should account for any shifting that the personal property may make in Container when being transported.

4. Charges.  The rates and charges by Red Rover for providing Services under this Agreement shall be set forth in the contract face page provided to you by Red Rover (“Contract Face Page”), or in a schedule thereto.  For purposes of this Agreement, the term Contract Face Page means the Contract Face Page that Red Rover provides to you in connection with your move.

5. Payment.  Red Rover will not arrange for the delivery of a Container to you until all charges set forth in this Agreement have been paid in full by your credit card.  You shall be liable for all charges agreed and accepted by you as evidenced by this signed Agreement or by other written documentation.  At the time you request the Services, you shall provide to Red Rover a credit card satisfactory to Red Rover with an agreement to pay for all Services requested by you or other charges you may incur pursuant to this Agreement (including any additional services requested or charges incurred by you after your initial order).  At the time of reservation, you will provide Red Rover with the earliest date when your container can be moved from our origination warehouse (the “Earliest Departure Date”) Your credit card will be charged for 100% of the cost of the long-distance transportation seven days prior to the Earliest Ship Date. Time is of the essence with regard to all payment obligations due under this Agreement. If you default in the payment of any charges, fees, or other charges or costs due under this Agreement, then such charges or costs, including without limitation, interest, attorney’s fees, financing charges, late charges, handling charges and any costs associated with the processing or collection of your delinquent account, will be collected in addition to the fees and charges applicable under this Agreement.  Red Rover shall have no liability to you for charges applied to your credit card account so long as such charges are applied by Red Rover in good faith.    

6. Changes to Service Schedules or Requirements.  If you change your Earliest Departure Date, you must  notify Red Rover immediately of any changes in your service schedule or requirements in by making changes to your account via the www.redrovers.com website, or via telephone or in writing, via email to concierge@redrovers.com. If Red Rover incurs additional charges due to changes to the service schedule or requirements, you are responsible for payment of any such additional charges.  In the event you make a change to your service schedule within 7 days of the Earliest Departure Date, your pre-payment will be retained as a credit towards future invoices and the transportation charge will be the higher of the amount originally quoted or the amount at the time the transportation actually takes place.   

7. Cancellation of Transportation Service.   Cancellation of your requested transportation services must be made in your account at www.redrovers.com or by telephone or in writing via email to concierge@redrovers.com.  If you cancel the transportation services within 7 days of your scheduled service date, you will be responsible to pay a cancellation fee in the amount of 20% of the transportation charge plus any charges Red Rover incurs as a result of the cancellation.

8. Delay.  You acknowledge and agree that neither Red Rover nor the Servicing Motor Carrier will be liable to any extent or in any amount to anyone for loss or damage of any kind caused by or resulting from any delay in providing or failure to perform the Services by Red Rover including, but not limited to, loss of market, loss of value, loss of use, or indirect, consequential, punitive, multiplied and/or incidental damages, or any other indirect damages, expenses and/or costs (including attorney’s fees).

12. Use of the Container. You shall load or store only personal property that you own or have a right to the possession of in the Containers.  You acknowledge and agree that it is your responsibility to adequately insure the stored/loaded property as set forth in Section 14. You shall not store or load any personal property in the Container which would result in the violation of any law or regulation of any governmental authority.  You shall not store or load any Hazardous Substances or Prohibited Property as defined by Section 8 of this Agreement in the Container.  Customer shall not make or allow any damages, alterations of any kind or description whatsoever to the Container, and agrees that it will not relocate the Container. In the event it is determined that the Container has been damaged, altered, or relocated, Customer agrees to pay an additional fee of not less than $75.00 and up to current retail value of the Container plus any other cost or shipping associated with the refurbishment, replacement, or retrieval of the Container.

13. Hazardous Substances and Prohibited Property. For the purposes of this Agreement the following items (or similar items) shall collectively be considered Hazardous Substances: fragile materials, liquids, firearms, explosives, flammables of any kind, drugs or drug paraphernalia, stolen items, illegal items, any material that may attract vermin or insects, anything that is otherwise dangerous or unsafe to store or handle, or any material that is regulated by federal or state law or regulation relating to the environment or hazardous materials.  For the purposes of this Agreement the following items (or similar items) shall collectively be considered Prohibited Property: perishable items, pianos, organs, gun safes, pool tables, china cabinets, exercise equipment, any item with a weight greater than 75 lbs. per individual moving the item, valuable documents, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced. In no event shall Red Rover be liable for loss of or damage to any Prohibited Property or Hazardous Substances described in this Section regardless of whether an action is brought in tort, contract, or under any other theory and regardless of any negligence of Red Rover.  

14. Warranties and Representations.

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.

15. Compliance with Applicable Laws. By using and/or requesting Services and in accordance with any applicable federal, State, local, Native American tribal, and foreign authorities, State, provincial, or local highway safety, vehicle inspection, vehicle maintenance, traffic, road, food and health, or other laws and regulations (collectively, "Applicable Law"), you agree that (1) you will only use and/or request Services for lawful purposes; (2) you will not use and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not and/or request Services to cause nuisance, annoyance or inconvenience; (4) you will only use and/or request Services for your own use and will not resell it to a third party; (5) you will provide Red Rover with whatever proof of identity it may reasonably request; and (6) you will not use the Container in a manner prohibited by Section 7 of this Agreement.

16. Red Rover’s Maximum Liability. Due to the fact that (1) the Customer is responsible for packing, loading and unloading of the goods (i.e. Red Rover will not be handling the Customer’s personal property), (2) the Customer will have the opportunity and obligation to inspect the goods before and after the Container is transported by Red Rover, and (3) the rate that Red Rover is charging to the Customer for the transportation services performed under this Agreement; you acknowledge and agree that Red Rover will only be liable for damage, loss, shortage, or other injury to your personal property that is caused by Red Rover’s own negligence or intentional misconduct.  In the event of damage, loss, shortage, or other injury to your personal property caused by Red Rover’s negligence or intentional misconduct, you acknowledge and agree that Red Rover’s liability shall be limited to $6.00 per pound per item damaged provided that Red Rover’s total liability for all damage shall not exceed $6000.00 per shipment.  This is an allocation of Red Rover’s liability and is not insurance. Red Rover disclaims any liability of a common carrier, including the provisions of 49 U.S.C. § 14706, and shall only be liable for damage, loss, shortage, or other injury to your personal property that is caused by its own negligence or intentional misconduct.  For purposes of this Agreement, you acknowledge and agree that damage, loss, shortage or other injury to your personal property will only be considered to be caused by Red Rover’s or the Servicing Motor Carrier’s negligence or intentional misconduct if such damage, loss, shortage, or other injury to your personal property results from a collision or crash in which the Servicing Motor Carrier is at fault. In no event will Red Rover be liable for any indirect, incidental, or consequential damages, special, punitive, multiplied or other indirect costs, lost profits, fees (including attorney’s fees) or charges of any kind arising from any claims alleged and/or filed by you against Red Rover whether in contract, tort, or under any other theory of relief.  

17. Claims. You are responsible for filing a claim with Red Rover alleging Red Rover’s liability for any loss or damage to your personal property items or other property within nine (9) months of the date you pick-up the Loaded Container from Red Rover. Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Red Rover of any and all liability with respect thereto.  In the event of denial of all or part of any such claim, Customer shall have two (2) years from the date of denial in which to file suit seeking payment of the claim in a court of competent jurisdiction.  All claims must be submitted to Red Rover via email at Concierge@redrovers.com or mail at 5701 East Hillsborough Avenue, Ste 1419, Tampa, Florida 33610 and must be fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. When submitting a claim to Red Rover, all claims for damages must be included in the original claim. Additional claims for the same shipment submitted after the original claim has been settled will not be accepted. Claims for items that have already been repaired or replaced by you prior to being reviewed by a Red Rover will not be accepted and Red Rover will bear no liability for such claims.

18. Customer’s Liability and Indemnification. CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD RED ROVER (OR ANY OF ITS AFFILIATES) HARMLESS AGAINST ANY AND ALL CLAIMS FOR LOSS, EXPENSE, LIABILITY, INJURY OR DAMAGE (INCLUDING ANY AND ALL DAMAGE TO THE CONTAINER) ARISING OUT OF OR IN CONNECTION WITH USE OF THE CONTAINER OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT BY CUSTOMER, ITS AGENTS OR CONTRACTORS OF THIS SHIPMENT.

19. Insurance and Assumption of Risk. Customer assumes all risks and liability arising from the use and operation of the Container and understands that the Container can cause injury or death to customer or others.  All property stored in the Container is stored by you at your own risk.  Insurance for your personal property while being stored by you in the Container or while the Loaded Container is being transported by Red Rover is your sole responsibility. Tenant personally assumes all risk of loss, including damage to or theft of Tenant’s property due to burglary, mysterious disappearance, fire, water, rodent, insect or bug damage, earthquakes, acts of God, vandalism, mold or mildew or other vermin. Tenant agrees to insure the actual full value of the stored property against loss and damage.

20. Security Interest. IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY APPLICABLE LAW TO SECURE AND COLLECT CHARGES PAYABLE HEREUNDER, CUSTOMER HEREBY GRANTS TO RED ROVER A SECURITY INTEREST UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE CONTAINER OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT CUSTOMER IS IN DEFAULT OF THIS AGREEMENT, RED ROVER MAY BEGIN THE ENFORCEMENT OF ITS SECURITY INTEREST INCLUDING DENIAL OF ACCESS TO THE CONTAINER BY THE CUSTOMER, AGAINST ALL PROPERTY OF CUSTOMER STORED IN THE CONTAINER OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF JURISDICTION IN WHICH THE CUSTOMER’S PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE FACILITY OR NEAREST SUITABLE LOCATION AND IN COMMERCIALLY REASONABLE MANNER AS DETERMINED BY THE RED ROVER IN ITS DISCRETION. AS RED ROVER HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE CONTAINER, CUSTOMER HEREBY WAIVES ANY OBLIGATION THAT RED ROVER PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN CUSTOMER’S CONTAINER, TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE PERSONAL PROPERTY SECURITY LAWS.

21. This Agreement is Not a Bailment. It is the express understanding and agreement of the parties that no bailment or deposit of goods for safekeeping is intended or created hereunder.  Due to the nature of Red Rover’s business and its purpose being storage, it is further understood that Red Rover is not a “warehouseman” for purpose of attributing liability to it under statute or common law. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or other laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement. Notwithstanding the foregoing, the parties agree that the Red Rover is entitled to claim for a lien for payment of all charges under this Agreement.

22. Termination. Customer and/or Red Rover may terminate this Agreement at any time prior to Red Rover picking-up the empty Container from Customer provided that if Customer terminates this Agreement at any time after Red Rover delivers the empty Container to Customer, Customer will be responsible for all charges he/she would have owed had the Agreement not been terminated along with any additional charges that Red Rover incurs as a result of Customer’s termination. 

23. Surrender of the Container on Termination. Upon termination of this Agreement for any reason, Customer shall remove all personal property from the Container, unless such property is subject to Red Rover’s lien rights described herein or granted by law, and shall immediately deliver possession of the Container to Red Rover in the same condition as delivered to Customer on the commencement date of this Agreement, reasonable wear and tear excepted. Customer agrees that any personal property left in the Container shall be deemed abandoned by Customer, and with respect thereto, Customer authorizes Red Rover to remove such property from the Container and either dispose of it at the sole expense of Customer in any manner in Red Rover’s sole discretion and without liability to Customer or retain such property as collateral for payment of the removal charges and/or any other amounts due Red Rover. Nothing herein shall be construed as imposing duty upon Red Rover to store or safeguard the Customer’s personal property, and Red Rover hereby expressly disclaims any such duty.

24. Jurisdiction and Governing Law. This Agreement shall be governed and construed in accordance with the laws of the state of Florida. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as be effective and valid under the laws of the state of Florida, but, if any provision of this Agreement shall be invalid or prohibited, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any and all disputes under this Agreement shall be resolved exclusively through binding arbitration before a board of arbiters consisting of three 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. The arbitration shall be governed by Florida law as provided in Chapter 682 of the Florida Statutes.

25. Entire Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth herein, and no representative of Red Rover or Red Rover’s agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein. This Agreement may only be amended in writing by both parties.

26. Notice. Red Rover may give notice by means of electronic mail to your e-mail address provided by you with initial order, or by written communication sent by first class mail or pre-paid post to your address provided by you in your initial order. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by e-mail). You may give notice to Red Rover, with such notice deemed given when received by Red Rover at the following address 5701 East Hillsborough Avenue, Ste 1419, Tampa, Florida 33610

27. Electronic Communication. You consent to receive communications from Red Rover in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Red Rover provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

28. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors. You may not assign these Terms without Red Rover’s prior written approval. Red Rover may assign this Agreement without your consent to: a subsidiary or affiliate; an acquirer of Red Rover’s equity, business or assets; or a successor by merger. Any purported assignment in violation of this section shall be void.

29. Independent Contractor. No joint venture, partnership, employment, or agency relationship exists between you and Red Rover as a result of this Agreement.

30. Severability. If any provision (including any sentence or part of a sentence) of this Agreement (including its appendixes and addendums) is deemed invalid for any reason whatsoever, this Agreement shall be void only as to the provision, and this Agreement shall remain otherwise binding between the parties. Any provision voided by operation of the foregoing shall be replaced with provisions that shall be as close to the parties’ original intent as permitted under Applicable Law.

31. Waiver. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed effective or binding upon either party unless executed in writing by the party making the waiver. The failure or refusal of either party to insist upon the strict performance of any provision of this Agreement or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of the provision or right, nor shall the failure or refusal be deemed a customary practice contrary to the provision or right. The rights and remedies of Customer under this Agreement or under any applicable laws shall be cumulative, and the exercise of any of them shall not be exclusive of any other right or remedy provided by this Agreement or allowed under any applicable laws.

Schedule A

ROVER RENTAL CONTRACT FACE PAGE

1. General

2. Vehicle Information

1. Charges

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}

• I understand that The Rover is water resistant and not waterproof.
• I understand that I can contact Customer Service at 833-733-7683.
• I understand that I am financially responsible for all damages to The Rover while it is in my care, custody, and control.
• I understand that the maximum weight of property in The Rover shall not exceed the limits below.

• I understand that I must secure any and all loose objects in or on the Rover and that I must place a lock on the Container, at my own

• VEHICLE COLLISION DAMAGE WAIVER (CDW)

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. 

• {cdw_initials} By initialing here, you AGREE to purchase CDW. Subject to the terms of Paragraphs 6 and 7 of the Vehicle Rental Terms and Conditions, we waive your responsibility for collision damage to the Vehicle. CDW does not cover theft or theft-related damage, damage caused by vandalism, weather, and other comprehensive damage. There are other exclusions. The price for CDW is $30 per day.
• {no_cdw_initials} By initialing here, you DECLINE to purchase CDW and agree to pay for all damage to, or loss or theft of, the Vehicle, including damage caused by collision, vandalism, weather, road conditions and acts of nature, whether or not you are at fault. There are additional responsibilities contained in Paragraph 5 of the Terms and Conditions.

• I understand that there is a mileage limitation of 30 miles placed upon my operation of The Rover and that in the event I return The Rover having exceeded such mileage limit during the Use, I will be liable for a fee equal to $0.99 per mile for each mile driven in excess of the mileage

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 understand and agree that distracted driving is dangerous and that driving while distracted is likely to lead to an accident/crash causing serious injury or death. I agree to follow all applicable driving law, rules, and regulations. I further agree not to use a handheld mobile phone and not to text while driving The Rover. My agreement not to do so is material to Company’s decision to enter into this Agreement, that my failure to comply is a material breach of this Agreement. I also understand that the other “Prohibited Uses” identified in Section 7 of the Vehicle Rental Terms and Conditions are material breaches of the Agreement.

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.

Customer Signature: {electronic_signature}

Printed Name: {customer_full_name}

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: {electronic_signature}

Printed Name: {customer_full_name}

Customer Signature will be obtained electronically.