Terms

1. Agreement and Acceptance

These Equipment Rental Terms and Conditions (“Terms”) govern the rental of equipment, tools, and any related items (collectively, the “Equipment”) from Rent Titan LLC (“Rent Titan,” “we,” “us,” or “our”) by the person or entity renting the Equipment (“Renter,” “you,” or “your”). By reserving Equipment online, by signing a rental contract, quote, or receipt (each, an “Order”), or by taking possession of or using any Equipment, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with the pricing, rental period, and item details shown on your Order, which are incorporated by reference. If you are entering into these Terms on behalf of a company or other entity, you represent that you are authorized to bind that entity.

2. Definitions

“Equipment” means the items identified on your Order, including all attachments, accessories, parts, keys, manuals, and any optional trailer leased under Section 12.

“Rental Period” means the period beginning when you pick up the Equipment and ending when the Equipment is returned to and accepted by Rent Titan at the pickup branch, as further described in Section 5.

“Replacement Value” means Rent Titan’s fair market value of the Equipment (or the affected part) as of the date of the loss, theft, or damage, which is the maximum amount Rent Titan will charge you for loss, theft, or damage to an item under these Terms.

3. Eligibility

To rent Equipment you must be at least 18 years old and present a valid driver’s license or government-issued photo identification matching the name on the Order. Certain Equipment may require a higher minimum age, a specific license or certification, or other qualifications where required by Mississippi law or manufacturer requirements, and Rent Titan may decline to rent, or require additional documentation, in its discretion.

4. Reservations, Booking, and Cancellations

Equipment is booked exclusively online at renttitan.com and is available for customer pickup only at the Horn Lake, Mississippi branch. Rent Titan does not offer delivery. A reservation is a request and is not confirmed until Rent Titan accepts it and payment is completed. Equipment availability is not guaranteed until pickup, and Rent Titan is not liable for any delay in or inability to supply Equipment.

Cancellations and No-Shows. Reservations may be cancelled without charge if cancelled at least twenty-four (24) hours before the scheduled pickup time. Cancellations made less than twenty-four (24)+ hours before scheduled pickup will forfeit twenty percent (20%) of the prepaid rental amount. If you fail to pick up the Equipment at the scheduled time without prior cancellation (a “no-show”), you will forfeit fifty percent (50%) of the prepaid rental amount. Rent Titan may, in its discretion, waive or reduce these fees.

5. Rental Period, Rates, Pickup, and Return

Rates are as posted on your Order at the time of booking. Rent Titan uses a tiered daily/weekly/monthly rate structure in which a month equals twenty-eight (28) days, and partial periods are charged so that a longer period is never more expensive than the applicable next tier. The minimum rental is one (1) day.

The Rental Period runs from the time you pick up the Equipment until the time the Equipment is returned to and accepted by Rent Titan at the pickup branch. You are responsible for the Equipment for the entire Rental Period, including any period during which the Equipment is overdue.

Returns are accepted only during posted branch business hours Equipment with a due date falling on a day the branch is closed may be returned on the next business day the branch is open without an additional day’s charge for the closed day(s).

6. Payment; Taxes; No Deposit

Payment is due in full at the time of booking. Rent Titan does not require a separate refundable security deposit. Payments are processed through Rent Titan’s third-party payment processor (Stripe); Rent Titan does not store your full card number, which is held in tokenized form by the processor.

Applicable Mississippi sales tax is included in or added to the amounts shown on your Order. You are responsible for all taxes, fees, and governmental charges arising from the rental.

A late-payment fee equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law will be assessed on all past-due balances until paid in full.

Returned Payments and Chargebacks. A fee of seventy-five dollars ($75.00) will be assessed for any payment returned for insufficient funds or other reasons. You agree not to initiate chargebacks or payment disputes for charges that are validly owed under these Terms. If you initiate an improper chargeback, you agree to pay all costs incurred by Rent Titan in responding to and reversing the chargeback, including reasonable administrative fees and attorneys’ fees.

Environmental Service Charge. To promote a clean and sustainable environment and to comply with applicable environmental regulations, Rent Titan assesses an Environmental Service Charge of two percent (2%) of rental charges (not to exceed $50 per rental) on certain Equipment rentals. This charge helps offset costs including waste disposal, maintenance of cleaning facilities, acquisition of more fuel-efficient equipment, and related labor and administrative costs. The Environmental Service Charge is not a tax or government-mandated charge and is not designated for any particular use, but is revenue collected and used at Rent Titan’s discretion.

7. Authorization to Charge Payment Method on File

Because no deposit is collected, this authorization is how Rent Titan recovers amounts you owe after pickup. You authorize Rent Titan to retain your payment method on file with its processor and to charge that payment method, without obtaining further authorization from you, for any amounts you owe under these Terms, including but not limited to: additional rental charges and overtime for late return (Section 8); liquidated damages for late return; repair or replacement charges for damage, missing parts, or loss (Sections 10 and 11); theft-related charges (Section 11); cleaning charges beyond normal use; Environmental Service Charges; RPP fees; refueling charges; tire and tube repair charges; taxes and fees; late-payment charges; returned-payment fees; and any other charges permitted by these Terms or your Order. You agree this constitutes your consent to “card-on-file” and merchant-initiated charges under applicable card-network rules. Rent Titan will provide an itemized receipt for any such charge.

8. Late Return and Overtime Charges

If you do not return the Equipment by the end of the Rental Period, Rent Titan will charge the applicable daily rate for each additional day (or portion of a day) the Equipment is out. Liquidated Damages for Late Return: In addition to continued rental charges, you agree to pay a late-return fee equal to twenty-five percent (25%) of the applicable daily rental rate for each day the Equipment is overdue, as liquidated damages. You acknowledge that this fee represents a reasonable pre-estimate of Rent Titan’s actual damages from late return, including lost rental income from subsequent bookings, staff time for rebooking and recovery efforts, and administrative costs, and that actual damages would be difficult to calculate.

If Equipment is not returned within seventy-two (72) hours after the scheduled return date, or you cannot be reached after reasonable attempts, Rent Titan may treat the Equipment as lost or stolen and pursue the remedies in Sections 11 and 17. In such event, you shall pay (a) all rental charges, overtime charges, liquidated damages, and other amounts accrued through the date the Equipment is paid for or recovered, plus (b) the Replacement Value of the Equipment. Reporting the Equipment as stolen to law enforcement shall not relieve you of any payment obligation.

9. Ownership, Use, and Restrictions

The Equipment is and remains the sole property of Rent Titan. You acquire only the right to possess and use the Equipment during the Rental Period, subject to these Terms. You may not sell, sublease, rent, lend, pledge, or transfer the Equipment or your rights under the Order to anyone else.

You agree to: (a) use the Equipment only for its intended purpose, within its rated capacity, and in accordance with all manufacturer instructions and safety guidance; (b) allow only competent, properly trained, and (where required) licensed persons who are at least eighteen (18) years old and not under the influence of any drugs, alcohol, or impairing substances to operate the Equipment; (c) comply with all applicable federal, state, and local laws, regulations, permits, and licensing requirements, including but not limited to OSHA requirements; (d) not alter, modify, or repair the Equipment without Rent Titan’s prior written consent; (e) check filters, oil, fluid levels, and tire air pressure as applicable; (f) clean and visually inspect the Equipment daily during use; and (g) immediately cease using the Equipment and notify Rent Titan if the Equipment needs repair or maintenance, warning lights illuminate, or any malfunction or unsafe condition arises.

The Equipment must remain within one hundred fifty (150) miles of the pickup branch unless Rent Titan provides prior written consent for a greater distance.

Prohibited Uses. You shall not: (a) use the Equipment for any illegal purpose or in any illegal manner; (b) sublease, subrent, assign, or loan the Equipment to any third party without Rent Titan’s prior written consent; (c) use the Equipment while any operator is under the influence of alcohol, drugs, or any impairing substance; (d) use the Equipment to store, handle, or transport hazardous materials, toxic substances, radioactive materials, or infectious materials without Rent Titan’s prior written consent and compliance with all applicable environmental laws and regulations; (e) allow the Equipment to be incorporated into, attached to, or affixed to any real property such that it becomes a fixture; (f) permit any lien or encumbrance to attach to the Equipment; (g) remove, alter, or cover any decals, insignia, or safety labels on the Equipment; or (h) publicize use of the Equipment in any manner, including print, audiovisual, or electronic media, without Rent Titan’s prior written consent.

Tire and Tube Repairs. Repair or replacement of tires and tubes on Equipment is your responsibility and is not included in the rental rate. If Equipment is returned with damaged tires or tubes, Rent Titan will charge you for repair or replacement.

10. Condition, Fuel, Cleaning, and Return

You acknowledge that you have inspected the Equipment (or had the opportunity to) and that it is in good working condition when picked up, unless you note otherwise in writing at pickup. You must return the Equipment in the same condition as received, ordinary wear and tear excepted.

Fuel. Rent Titan does not provide fuel; you are responsible for fuel used during the Rental Period. For fuel-powered Equipment, you have the following options: (a) Prepay Fuel Option: You may purchase a full tank of fuel at the time of rental at the posted convenience rate. If you return the Equipment with a full tank, the prepaid fuel charge will be refunded; if you do not return full, no credit will be given for fuel remaining in the tank. (b) Pay on Return Option: If Equipment is returned with less fuel than when received, you will be charged a refueling fee at the posted per-gallon rate multiplied by the gallons required to refill the tank to the level at pickup. (c) Return Full Option: If you return the Equipment with at least as much fuel as when received, no fuel charge will apply. None of these options constitute a retail sale of fuel. Routine cleaning is included in the rental price. Rent Titan reserves the right to charge for cleaning required beyond normal use (for example, hazardous, hardened, or excessive residue).

Damage and Missing Parts. You are responsible for all damage to, and all missing parts or accessories of, the Equipment occurring during the Rental Period, and Rent Titan will charge you for repair or replacement up to the Replacement Value. The following do NOT constitute ordinary wear and tear: (a) damage resulting from lack of lubrication, use of improper fuel, or failure to maintain necessary oil, water, or air pressure levels; (b) damage resulting from lack of servicing or preventive maintenance in accordance with manufacturer specifications; (c) damage resulting from collision, overturning, dropping, or improper operation, including overloading or exceeding the rated capacity of the Equipment; (d) damage in the nature of dents, bending, tearing, staining, corrosion, or misalignment; (e) wear resulting from use in excess of the shifts for which rented; (f) damage caused by adverse weather conditions, flooding, or freezing; (g) damage resulting from vandalism, theft, or misuse by third parties in your custody; and (h) any other damage not considered ordinary and reasonable in the equipment rental industry for normal one-shift use.

11. Assumption of Risk; Loss and Theft

During the Rental Period, you assume all risk associated with the possession, transportation, loading, unloading, control, and use of the Equipment, including risk of personal injury, death, and property damage, whether or not you are at fault. You are responsible for the Equipment from pickup until it is returned to and accepted by Rent Titan.

In the event of loss or theft, you must (a) notify local law enforcement and file a police report within twenty-four (24) hours of discovery, and (b) notify Rent Titan within twenty-four (24) hours and provide a copy of the police report promptly. You remain liable for the Equipment up to the Replacement Value, and rental charges continue to accrue until the Equipment is returned or paid for. Failure to file a timely police report may result in your full liability for the Replacement Value regardless of any damage waiver or other protection.

12. Customer Transportation and Optional Trailer Rental

Rent Titan is pickup-only and does not deliver or transport Equipment. You are solely responsible for safely loading, securing, transporting, unloading, and returning the Equipment, and you bear all risk of loss or damage to the Equipment and to persons or property during transport.

Rent Titan offers a registered trailer that may be leased together with your rental to assist with pickup and transport. If you lease the trailer, the trailer is “Equipment” under these Terms, and you additionally agree that: (a) you will use a suitable, properly rated tow vehicle and a correct hitch, safety chains, connected lighting, and adequate load securement; (b) you hold a valid driver’s license and will comply with all traffic, towing, and equipment laws; and (c) you assume all liability for the trailer and its use during the Rental Period, including in transit.

13. Insurance

Insurance Requirements. Renters who use Equipment for business or commercial purposes (“Commercial Renters”) shall maintain, at their expense, the following insurance during the Rental Period:

(a) commercial general liability insurance with limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate, including coverage for contractual liability under these Terms; (b) physical-damage or property insurance covering all risks of loss or damage to the Equipment for the full Replacement Value; (c) automobile liability insurance with limits of at least one million dollars ($1,000,000) per occurrence covering any towing or transport of Equipment; and (d) workers’ compensation insurance as required by law. All policies shall be primary and non-contributory, include a waiver of subrogation in favor of Rent Titan, name Rent Titan LLC as an additional insured (for liability coverage) and loss payee (for property coverage), and provide for at least thirty (30) days’ prior written notice to Rent Titan of cancellation or material change. You shall provide certificates of insurance evidencing the required coverages before pickup and upon request. Insurance that excludes coverage for boom damage, overturns, or equipment being transported is a breach of these Terms. Renters who do not provide acceptable insurance remain fully responsible for all loss, damage, and liability under these Terms, and Rent Titan may decline to release Equipment until adequate insurance is confirmed. Consumer Renters who rent for personal, family, or household purposes are encouraged, but not required, to maintain adequate insurance.

13A. Rental Protection Plan (Optional Damage Waiver)

Rent Titan offers an optional Rental Protection Plan (“RPP”) that, if elected and paid for, limits your liability for accidental loss, theft, damage, or destruction of Equipment. The RPP is NOT INSURANCE and does not protect you from liability to Rent Titan or others for personal injury, death, or property damage arising from possession or use of the Equipment.

RPP Fee and Coverage. If you accept the RPP at the time of booking and pay the RPP fee (fifteen percent (15%) of gross rental charges, plus applicable taxes), and you comply with all Terms of this Agreement, your liability for covered loss, damage, or destruction will be limited as follows: (a) for lost or stolen Equipment, ten percent (10%) of the Replacement Value, up to a maximum of five hundred dollars ($500) per item; (b) for incidental or accidental damage to Equipment, ten percent (10%) of the repair cost, up to a maximum of five hundred dollars ($500) per item; (c) for tire damage, charges in excess of fifty dollars ($50) per tire; and (d) no rental charges will accrue during the period when damaged or destroyed Equipment is being repaired or replaced.

RPP Exclusions. The RPP does NOT apply to and you remain fully liable for: (a) loss, theft, damage, or destruction due to intentional misuse, negligence, or violation of these Terms; (b) lost or stolen Equipment not reported to police within forty-eight (48) hours of discovery with a written police report provided to Rent Titan; (c) loss or damage caused by flood, earthquake, wind, storm, or other acts of God; (d) damage to accessories or attachments for which the RPP fee was not charged; (e) damage resulting from use of the Equipment while under the influence of drugs or alcohol; and (f) loss or damage occurring while the Equipment is in violation of the use restrictions in Section 9. If any exclusion applies, you are responsible for the full Replacement Value or repair cost.

RPP Election. The RPP is reflected on your Order as part of your estimated charges unless you decline the RPP in writing at the time of booking, fail to pay the RPP fee, or have made other contractual arrangements with Rent Titan. If recovered Equipment was paid for under the RPP, Rent Titan retains ownership regardless of any payments made, and all such payments are non-refundable.

14. Disclaimer of Warranties

THE EQUIPMENT IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, RENT TITAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Rent Titan does not warrant that the Equipment will be free from defects or suitable for your intended use.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RENT TITAN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS, OR DOWNTIME, ARISING OUT OF OR RELATING TO THE EQUIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RENT TITAN’S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE APPLICABLE ORDER.

16. Indemnification

You agree to indemnify, defend, and hold harmless Rent Titan LLC and its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your rental, possession, transportation, or use of the Equipment, including claims for personal injury, death, or property damage, except to the extent caused by Rent Titan’s gross negligence or willful misconduct.

17. Default and Remedies

You are in default if you fail to return the Equipment when due, fail to pay any amount when due, breach these Terms, or if Rent Titan reasonably believes the Equipment is at risk. Upon default, Rent Titan may, to the extent permitted by law, (a) require immediate return of the Equipment; (b) retake and repossess the Equipment wherever it is located, and you consent to Rent Titan’s entry onto premises where the Equipment is located for that purpose, without liability; (c) charge your payment method on file for all amounts owed; and (d) pursue all other remedies available at law or in equity. You are responsible for all reasonable costs of collection and recovery, including reasonable attorneys’ fees as provided in Section 18.

Account Suspension and Termination. Rent Titan reserves the right to suspend, terminate, or block your account and refuse to rent Equipment to you at any time, for any reason, including but not limited to: suspicious or fraudulent activity; past-due balances; breach of these Terms; failure to return Equipment; filing of improper chargebacks; or any conduct that Rent Titan, in its sole discretion, deems harmful to its business, other customers, or employees. Upon suspension or termination, all outstanding amounts become immediately due and payable.

Criminal Warning. THE USE OF FALSE IDENTIFICATION TO OBTAIN EQUIPMENT OR THE FAILURE TO RETURN EQUIPMENT BY THE END OF THE RENTAL PERIOD MAY BE CONSIDERED THEFT, SUBJECT TO CRIMINAL PROSECUTION PURSUANT TO MISSISSIPPI CODE ANN. § 97-17-70 AND OTHER APPLICABLE CRIMINAL OR PENAL CODE PROVISIONS. Under Mississippi law, failure to return leased or rented property within seventy-two (72) hours after written demand for return may create a presumption that the lessee intended to defraud the lessor. You acknowledge that you have received and understood this notice.

18. Dispute Resolution; Arbitration; Class-Action Waiver; Governing Law

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. These Terms are governed by the laws of the State of Mississippi, without regard to its conflict-of-laws rules.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Equipment shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for consumer rentals) or Commercial Arbitration Rules] (for commercial rentals), rather than in court, except that either party may bring an individual claim in small-claims court if within that court’s jurisdictional limits. The arbitration will take place in DeSoto County, Mississippi. Class-Action Waiver: All claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. There is no right or authority for any claims to be arbitrated on a class-action basis. You and Rent Titan waive any right to a jury trial. Opt-Out: You may opt out of this arbitration agreement by sending written notice to Rent Titan at the Memphis, TN address above within thirty (30) days of your first rental. If you opt out, you and Rent Titan retain the right to litigate disputes in court (subject to the class-action waiver and jury waiver, which remain in effect).

In any arbitration or permitted court proceeding, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

19. Electronic Communications and Consent to Contact

You consent to receive communications from Rent Titan electronically, including by email and text message (SMS), regarding your Order, reminders, and account, including messages sent using automated technology. Message and data rates may apply, and message frequency varies. You may opt out of non-transactional messages at any time (for example, by replying STOP to texts).

You agree that your electronic acceptance, click-through agreement, or electronic signature on an Order has the same legal effect as a handwritten signature, and that Orders and these Terms may be maintained electronically.

20. Privacy

Your information is handled in accordance with Rent Titan’s Privacy Policy, available at renttitan.com/privacy.

20A. GPS Tracking and Telematics

You acknowledge and consent that certain Equipment may be equipped with Global Positioning System (GPS) devices, telematics systems, hour meters, or other electronic monitoring or tracking technology (collectively, “Tracking Devices”). Rent Titan may use Tracking Devices to monitor the location, usage, operating hours, and condition of the Equipment during the Rental Period. You consent to the collection, use, and disclosure of data from Tracking Devices as described in Rent Titan’s Privacy Policy.

Activation Upon Non-Return. If Equipment is not returned within seventy-two (72) hours after the scheduled return date, Tracking Devices may be activated or used to locate and recover the Equipment. You hereby waive any right to object to steps taken by Rent Titan to recover Equipment deemed to be unlawfully retained.

Prohibited Acts. You shall not disable, tamper with, remove, obstruct, or interfere with any Tracking Device installed on the Equipment. Any attempt to do so is a material breach of these Terms and may result in immediate termination of the rental, charges for repair or replacement of the Tracking Device, and liability for any resulting loss or damage.

Data Collection Notice. If you have employees, contractors, or other individuals who may operate the Equipment, you are responsible for providing all required notices and obtaining all required consents under applicable law from such individuals to permit Rent Titan’s collection and use of location and usage data under this Section.

21. Force Majeure

Rent Titan is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, weather, fire, flood, labor disputes, supply shortages, equipment failure, utility or carrier interruptions, governmental action, or other force majeure events.

22. General Provisions

• Entire Agreement. These Terms and your Order are the entire agreement between you and Rent Titan regarding the Equipment and supersede all prior discussions.
• Amendments. Rent Titan may update these Terms from time to time; the version in effect at the time of your Order governs that rental.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
• Assignment. You may not assign these Terms or any Order without Rent Titan’s prior written consent; Rent Titan may assign freely.
• Waiver. Rent Titan’s failure to enforce any provision is not a waiver of its right to do so later.
• Survival. Provisions that by their nature should survive termination (including Sections 7, 8, 9A, 10–18, 20A, and 22) survive.
• Notices. Notices to Rent Titan should be sent to the Memphis, TN address above or to support@renttitan.com.
• Headings. Headings are for convenience only and do not affect interpretation.

23. Acknowledgment and Acceptance

By reserving, signing for, taking possession of, or using the Equipment, you acknowledge that you have read and agree to these Terms.