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Equipment rental waiver template

An equipment rental agreement is mostly about competence, condition and the meter. Who may operate the machine, what it looked like when it left, and what hours and damage cost on return.

Read the template

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What this waiver has to carry

Equipment goes to a site rather than to a person, and the person who signs is often not the person who operates. The agreement has to say who may operate, that they know how, and what protective equipment they will wear, because an injury on site is a question about all three.

The commercial clauses do the rest. Daily or weekly rate, hours on the meter, fuel, breakdown reporting and the condition record at both ends are what turn a return inspection into an invoice rather than an argument.

The template

Twelve clauses. Everything in [brackets] is yours to fill in, and clause 9 is the one your lawyer will spend the most time on.

Template. Replace every item in [brackets] and have a lawyer licensed in your state review it before use.

Equipment Rental Agreement, Waiver and Release of Liability

1. Parties and equipment

This agreement is between [Company legal name] ("[Company]") of [address] and the person or persons named and signing below (the "renter" and, where different, each "participant").

It covers the rental of the equipment described as [make, model, unit number] from [date and time] to [date and time], collected from or delivered to [location].

2. Acknowledgement and assumption of risk

The renter and each participant understand that using tools and equipment carries risks that cannot be removed by care, including:

Injury from moving parts, blades, hydraulics and electrical components.

Tipping, falls from height and crush injuries where the equipment lifts, digs or elevates.

Damage to property, utilities and ground conditions at the site.

Breakdown on site and the delay before [Company] can reach the equipment.

Each participant accepts those risks and any others arising from the activity, whether or not listed, and confirms that they take part voluntarily.

3. Participant requirements

The renter confirms that every operator is at least [minimum age], competent to operate this class of equipment, and holds [certification or licence the equipment requires].

Operators wear the personal protective equipment appropriate to the machine, including [items], supplied by [the renter / Company].

The renter provides [photo ID, a card for the deposit, and proof of insurance where required] at handover.

For delivered equipment, the renter confirms the site is accessible, level and safe for unloading, and that somebody is present to receive it at the agreed window unless unattended delivery has been agreed.

4. Rules of use

Use the equipment only for its intended purpose, within its rated capacity, and according to the manufacturer's instructions provided at handover.

Do not modify, disable safety devices on, or allow unlisted persons to operate the equipment.

Report any fault, damage or breakdown to [Company] at [phone] as soon as it occurs, and stop using the equipment until instructed otherwise.

Return the equipment clean and with [fuel level] by [time]. Hours beyond [included hours per day] are charged at [rate]; a late return is charged at [daily rate] per day or part.

5. Area and time limits

The equipment is rented for use at [site address] and must not be moved to another site without [Company]'s written agreement. Where a tracker is fitted, [Company] may contact the renter if the equipment leaves that site.

6. Condition at handover and at return

The equipment is handed over in the condition recorded in the photographs and notes taken at handover with the renter present, and the renter accepts that record as accurate unless they note a difference before leaving.

The equipment is inspected on return against the same record, with the renter present where possible, and photographed again. Both records are kept by [Company] and are the evidence both parties rely on.

7. Damage, loss and deposit

The renter is responsible for loss of or damage to the equipment during the rental beyond fair wear, up to [replacement value / excess amount], regardless of fault, except where caused by a defect [Company] knew of.

A deposit of [amount] is [held on the renter's card / taken in cash] at handover and released within [days] of a return in the condition recorded at handover. Repair costs and the charges in clause 4 may be deducted from it, and the renter owes any balance beyond it.

A equipment that is lost, stolen or not returned is charged at [replacement value], and [Company] may report it to the police.

8. Weather, cancellation and early return

Weather does not suspend the rental unless [Company] agrees it in writing. A breakdown that is not the renter's fault stops the meter from the time it is reported until the equipment is repaired or replaced.

Cancellations by the renter more than [notice period] before the start are [refunded in full / less a fee of amount]. Later cancellations and no-shows are [not refunded / covered by cancellation protection where purchased at booking].

9. Release, waiver and indemnity

To the fullest extent allowed by the law of [state], each participant releases [Company], its owners, employees and agents from all claims for injury, death, loss or damage arising from the rental or the activity, including claims arising from the ordinary negligence of [Company], and agrees not to bring such a claim.

The renter agrees to indemnify [Company] against claims by third parties, and against costs and losses, arising from the renter's or any participant's use of the equipment or breach of this agreement.

If any part of this clause is found unenforceable, the rest of it continues to apply.

10. Medical consent and emergency contact

Each participant confirms that they are physically able to take part and have disclosed to [Company] any condition that could make the activity unsafe for them or others.

Each participant consents to emergency medical treatment if they are unable to consent at the time, at their own cost, and names an emergency contact below.

11. Participants under [age of majority]

A participant under [age] takes part only with the signature of a parent or legal guardian, who signs this agreement on the minor's behalf, accepts the risks in clause 2 for them, and agrees to the release in clause 9 to the extent the law of [state] allows.

12. Governing law and signatures

This agreement is governed by the law of [state], and the renter confirms they have read it, had the chance to ask questions, and are signing voluntarily. A copy signed electronically is as valid as one signed on paper.

[Signature block, repeated per participant: full name, date of birth, address, phone, email, emergency contact name and phone, licence or card number where clause 3 requires one, signature, date. For a minor: the minor's name and date of birth, then the guardian's details and signature.]

Template from Bodhisys, bodhisys.com/waivers/equipment/. Not legal advice.

What to change for your operation

Clause 3 should name the certification a machine needs. Some equipment requires a licensed operator by law, some requires training the renter has to evidence, and the clause is worth nothing if it says [certification] on the day.

Write the meter and fuel terms as numbers. Included hours per day, the rate above that, and the fuel charge are the three figures that decide whether the return inspection produces an invoice or a complaint.

Decide how damage is assessed. A photographed condition record at delivery and collection, held against the unit, is what makes a damage charge stand up, and the clause should say that the record is the evidence both parties rely on.

What this template does not do

It is not legal advice and it has not been reviewed for your state. Whether a release of liability is enforceable, what it may release, and how minors are handled all vary by state, and a lawyer licensed where you operate has to review this document before anybody signs it.

It does not know your insurer's requirements, which may add clauses or change clause 3. Send it to them as well.

Collecting it online

On Bodhisys this waiver goes out with the booking confirmation and is signed per participant on their own phone before arrival. Where a category needs it, a licence upload sits on the same link. Documents attach to the reservation and the person, and the equipment stays held until the set is complete.

Waivers and licences covers what is collected and what is not. Bodhisys does not verify a licence against a government database.

Order 2511-003, two listed drivers
Claire M.Lead driverWaiting
  • Licence uploaded
  • Insurance uploaded
  • Waiver signed
  • Sobriety check
Tom R.Listed driverWaiting
  • Licence uploaded
  • Insurance uploaded
  • Waiver signed
  • Sobriety check
Keys are heldTwo drivers still have paperwork outstanding. The counter cannot release the unit until it is complete.
The licence and the insurance are uploaded by the customer before arrival, the waiver is signed on the same link, and for anything that gets driven away a sobriety check is held against the person driving it. All four sit on the person rather than on the order, so the counter is a handover rather than a queue.

What should a equipment rental waiver include?

The parties and the equipment, the risks the participant is accepting, what each participant must be or have, the rules of use, the area and time limits, the condition record at handover and return, damage and deposit terms, what weather and cancellation do to the booking, a release and indemnity to the extent state law allows, medical consent, a guardian signature for minors, and a signature per participant.

The category-specific clauses for tools and equipment are: Use the equipment only for its intended purpose, within its rated capacity, and according to the manufacturer's instructions provided at handover; Do not modify, disable safety devices on, or allow unlisted persons to operate the equipment; Report any fault, damage or breakdown to [Company] at [phone] as soon as it occurs, and stop using the equipment until instructed otherwise. There is no monthly fee. A 4.5% charge is added to each reservation and paid by your customer at checkout.

Questions

Who signs an equipment rental agreement when a company rents?

A person authorised by the company signs for it, and the operators are listed by name. The release and indemnity run from the company; the competence and protective equipment clauses are about the people operating.

How should hours and fuel be charged?

As figures agreed in the document: included hours per day, the rate above that, and the fuel charge against the level recorded at handover. Photographed meter and fuel readings at both ends are the record.

Is this template legal in my state?

It is a starting point. Equipment rental agreements touch employment, insurance and liability law that varies by state, and a lawyer licensed where you operate has to review it before you use it.