PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING. BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING PROVISIONS.

1. Definitions

“Agreement” means all terms and conditions found on this form, all pages and attachments hereto, and any other documents signed by You or provided to You by Us at the time of rental. 

“You,” “Your,” or “Renter” means the person identified as the renter or additional renter on this form, all Authorized Drivers, and any person or organization to whom charges are billed by Us at the Renter’s direction. All persons referred to as “You” or “Your” are jointly and severally bound by this Agreement. 

“We,” “Our,” or “Us” means Grizzly Trailer Co., its owners, officers, employees, and agents.

“Authorized Driver” means You and any additional driver listed by Us on this Agreement. 

“Trailer” means the non-motorized trailer identified in this Agreement and any trailer We substitute for it, together with all associated equipment, accessories, ramps, straps, spare tires, and components. 

“Loss of Use” means the loss of Our ability to rent or otherwise use the Trailer for any reason because of damage to it or loss of it during this rental. Loss of Use is calculated by multiplying the number of days from the date of loss or damage to the Trailer until it is replaced or repaired by the daily rental rate. 

“Diminished Value” means the difference between the actual cash value of the Trailer immediately prior to damage or loss and the value of the Trailer after its repair. If We elect not to repair the Trailer, “Diminished Value” means the difference between the actual cash value of the Trailer immediately prior to damage or loss and the salvage or sale value of the Trailer. 

“Manufacturer Rated Capacity” means the maximum payload or gross vehicle weight rating assigned to the Trailer by its original manufacturer, as stated in the manufacturer’s documentation, on the Trailer’s data plate, or as recorded in this Agreement.

2. Rental; Nature of Agreement

This is a contract for the short-term rental of the Trailer only. No bailment, lease, sale, or other transfer of title or ownership interest is created by this Agreement. You acknowledge that You are renting the Trailer for personal or commercial hauling purposes and that You have independently determined that the Trailer is suitable for Your intended use.

3. Indemnification and Disclaimer of Warranties

You agree to indemnify Us, defend Us, and hold Us harmless from and against all claims, demands, suits, judgments, liability, damages, costs, and attorneys’ fees We incur resulting from, or arising out of, this rental and Your use of the Trailer, including but not limited to claims for personal injury, death, property damage, cargo damage, or environmental contamination. 

WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR APPARENT, REGARDING THE TRAILER, INCLUDING BUT NOT LIMITED TO NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY THAT THE TRAILER IS FIT FOR A PARTICULAR PURPOSE. THE TRAILER IS RENTED TO YOU ON AN “AS IS, WHERE IS” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE INSPECTED THE TRAILER PRIOR TO ACCEPTING DELIVERY AND THAT THE TRAILER IS IN ACCEPTABLE CONDITION FOR YOUR INTENDED USE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGE TO CARGO, PROPERTY, OR PERSONS ARISING FROM YOUR USE OF THE TRAILER, REGARDLESS OF CAUSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4. Assumption of Risk

You acknowledge and agree that the towing and use of a utility trailer involves inherent risks, including but not limited to risks associated with road conditions, weather, traffic, mechanical failure, tire blowouts, improper loading, cargo shifts, coupling failures, and the acts or omissions of other drivers. YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE, TOWING, LOADING, AND OPERATION OF THE TRAILER, WHETHER OR NOT SUCH RISKS ARE DESCRIBED IN THIS AGREEMENT.

5. Condition and Return of Trailer

You must return the Trailer to Grizzly Trailer Co’s location in Seward, Alaska, on the date and at the time specified in this Agreement, in the same condition in which You received it, except for ordinary wear. If the Trailer is returned after closing hours, You remain responsible for the safety of, and any damage to, the Trailer until We inspect it upon Our next opening for business. Service to the Trailer or replacement of parts or accessories during the rental must have Our prior written approval.

6. Responsibility for Damage or Loss; Reporting to Police

You are responsible for all damage to, or loss or theft of, the Trailer, including damage caused by weather, road conditions, and acts of nature, whether or not You are at fault. You are responsible for the cost of repair or the actual retail cash value of the Trailer if it is not repairable or if We elect not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover Our administrative expenses connected with any damage claim. You must report all accidents involving the Trailer to Us and to the police within twenty-four (24) hours of occurrence.

7. Prohibited Uses

The following uses of the Trailer are prohibited, and any violation of this Section shall constitute a material breach of this Agreement and void any insurance coverage provided hereunder:

(a) Transporting dangerous, hazardous, toxic, or illegal materials or substances; 

(b) Transporting living persons in or on the Trailer; 

(c) Towing the Trailer by anyone under the influence of alcohol, drugs, or any intoxicating substance; 

(d) Allowing the Trailer to be towed by anyone who is not a Renter or an Authorized Driver listed on this Agreement; 

(e) Any use of the Trailer by anyone who obtained the Trailer or extended the rental period by providing false, fraudulent, or misleading information; 

(f) Use of the Trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic infraction; 

(g) Use of the Trailer outside the State of Alaska, or beyond the Maximum Travel Distance described in Section 8 below, without Our prior written consent;

(h) Use of the Trailer when loaded beyond its Manufacturer Rated Capacity, as determined by the manufacturer of the Trailer;

(i) Towing the Trailer through or under any structure without sufficient overhead or side clearance; 

(j) Use of the Trailer when it is reasonable to expect You to know that further operation would damage the Trailer; 

(k) Using the Trailer in a manner that causes damage to it due to inadequately secured cargo; 

(l) Damaging the Trailer by placing unauthorized signs, lettering, painting, or markings on the Trailer; 

(m) Damaging the Trailer by intentional, wanton, willful, or reckless conduct; 

(n) Subcontracting, subletting, or otherwise permitting any third party to use the Trailer without Our prior written consent;

(o) Using the Trailer for any racing, contest, or speed test;

(p) Using the Trailer to carry loads that exceed the tow vehicle’s manufacturer-rated towing capacity.

YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF THE TRAILER IN VIOLATION OF THIS SECTION RENDERS YOU FULLY AND SOLELY LIABLE FOR ALL RESULTING DAMAGES, INJURIES, LOSSES, AND CLAIMS, AND THAT WE SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH SUCH PROHIBITED USE.

8. Maximum Travel Distance; Geographic Restriction

The Trailer shall not be taken beyond a radius of approximately three hundred sixty (360) road miles from Seward, Alaska (approximately the driving distance from Seward to Fairbanks, Alaska), without Our prior written consent (the “Maximum Travel Distance“). You shall not, under any circumstances, take the Trailer outside the State of Alaska without Our prior written consent.

If You exceed the Maximum Travel Distance without prior written consent, You agree to pay a penalty fee of two dollars ($2) per mile for every mile driven beyond the Maximum Travel Distance, in addition to all other charges due under this Agreement. We may, in Our sole discretion, require immediate return of the Trailer and pursue all available remedies, including repossession at Your expense.

9. Overloading Disclaimer and Release

YOU EXPRESSLY ACKNOWLEDGE THAT LOADING THE TRAILER BEYOND ITS MANUFACTURER RATED CAPACITY IS EXTREMELY DANGEROUS AND IS STRICTLY PROHIBITED UNDER THIS AGREEMENT. The Manufacturer Rated Capacity of the Trailer is stated on the Trailer data plate and recorded in this Agreement. You are solely responsible for determining the weight of Your cargo and for ensuring that the total weight does not exceed the Manufacturer Rated Capacity at any time during the rental period.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, INJURY, OR DEATH ARISING FROM OR RELATED TO THE OVERLOADING OF THE TRAILER, INCLUDING BUT NOT LIMITED TO STRUCTURAL FAILURE, AXLE OR SUSPENSION FAILURE, TIRE BLOWOUTS, LOSS OF CONTROL, JACKKNIFING, CARGO DAMAGE, DAMAGE TO YOUR TOW VEHICLE, DAMAGE TO THIRD-PARTY PROPERTY, PERSONAL INJURY, OR DEATH. You agree that loading the Trailer beyond its Manufacturer Rated Capacity constitutes a material breach of this Agreement and voids any and all insurance coverage provided hereunder.

You further agree to indemnify, defend, and hold Us harmless from and against any and all claims, damages, costs, and attorneys’ fees arising from Your overloading of the Trailer or from any failure to properly distribute, balance, or secure cargo.

10. Insurance

We may provide primary collision and comprehensive insurance on the Trailer with a per-occurrence deductible, the amount of which is shown on the front page of this Agreement. You are responsible for damage to the Trailer up to the deductible amount. Coverage does not extend to the contents of the Trailer. You must provide liability insurance coverage on the Trailer through the motor vehicle insurance policy covering the towing vehicle. Proof of insurance may be required prior to rental. Any Insurance coverage payable by Us under this Section is void if You use the Trailer in any manner prohibited by this Agreement.

11. Charges

You agree to pay Us on demand for all charges due under this Agreement, including but not limited to the following: 

(a) Rental Charges. Time and mileage (if applicable) charges for the period You keep the Trailer; 

(b) Late Return Fees. If the Trailer is returned after the specified return date and time, You agree to pay a late fee of twenty-five dollars ($25.00) per hour for each hour or partial hour that the Trailer is late, up to six (6) hours. If the Trailer is returned more than six (6) hours late, You will be charged one (1) additional full day’s rental rate for each subsequent day or partial day, beginning from the original due date and time. The parties agree that the late fees represent a reasonable approximation of damages that would be difficult to calculate precisely;

(c) Same-Day Cancellation Fee. If You cancel this rental on the same calendar day the rental period is scheduled to begin, You agree to pay a non-refundable cancellation fee of fifty dollars ($50.00). The parties agree that the cancellation fees represent a reasonable approximation of damages that would be difficult to calculate precisely;

(d) Maximum Travel Distance Penalty. Penalty fees for exceeding the Maximum Travel Distance as set forth in Section 8;

(e) Traffic and Toll Violations. All traffic, toll, or parking violations, fines, penalties, forfeitures, court costs, towing and storage charges, and other expenses involving the Trailer assessed against Us or the Trailer. If You fail to pay a traffic or toll charge to the charging authority, You will pay Us all fees owed in connection with such traffic or toll charge plus an administrative fee of one hundred dollars ($100.00) for each such charge; 

(f) Recovery Costs. All costs We incur recovering the Trailer if You fail to return it as required, including but not limited to towing, transport, storage, investigation, and travel expenses; 

(g) Late Payment Fee. A five percent (5%) late payment fee on all amounts not paid by the due date; 

(h) Returned Check Fee. One hundred dollars ($100.00) or the maximum amount permitted by law, whichever is greater, if You pay Us with a check that is returned unpaid for any reason; 

(i) Cleaning Fee. A minimum cleaning charge of twenty-five dollars ($25.00) will be charged if the Trailer is returned substantially less clean than when rented. A reasonable fee not to exceed five hundred dollars ($500.00) may be charged for excessive cleaning needs; 

(j) Tow Vehicle Preparation. A minimum charge of fifty dollars ($50.00) for any work performed on Your tow vehicle by Us to prepare it for safe towing of the Trailer; 

(k) Damage to Equipment. A fee of two hundred seventy-five dollars ($275.00), or actual replacement cost (whichever is greater), for any lost or damaged accessory equipment, including but not limited to brake controllers, coupler locks, ball mounts, and strap packs; 

(l) Attorneys’ Fees and Collection Costs. All costs, including pre- and post-judgment attorneys’ fees, We incur in collecting payment from You or otherwise enforcing Our rights under this Agreement; 

(m) Administrative Fees. A reasonable charge to cover Our administrative expenses connected with any damage claim, recovery action, or breach of this Agreement.

We will not refund any time or mileage charges if You return the Trailer earlier than the due date or time. 

12. Collection Rights; Remedies for Non-Payment

In the event You fail to pay any amount due under this Agreement when due, We shall have the right to pursue any and all remedies available under applicable law, including but not limited to the following:

(a) Credit Card Authorization. Your signature on this Agreement authorizes Us to charge Your credit card on file for all amounts due under this Agreement, including charges incurred after the initial rental, such as damages, late fees, cleaning fees, penalty fees, and any other amounts owed. 

(b) Referral to Collections. We may refer Your account to a third-party collection agency for the recovery of unpaid amounts. You agree to pay all collection agency fees and costs incurred in the collection of any unpaid balance.

(c) Legal Action. We may file a civil action against You in any court of competent jurisdiction in the State of Alaska for the recovery of all amounts owed, plus interest at the maximum rate permitted by law, attorneys’ fees, court costs, and all other costs of collection. 

(d) Deposit Application. We may apply Your deposit to pay any monies owed to Us under this Agreement, including Our estimate of damages to the Trailer. Application of the deposit shall not limit Your liability for any amounts in excess of the deposit. 

(e) Reporting. We may report delinquent accounts to credit reporting agencies in accordance with applicable law.

(f) Lien Rights. To the extent permitted by applicable law, We may exercise a lien on any personal property left in or on the Trailer to secure payment of amounts owed under this Agreement.

13. Deposit

We may require a security deposit at the time of rental. We may use Your deposit to pay any monies owed to Us under this Agreement, including Our estimate of damages to the Trailer. Any unused portion of the deposit will be refunded to You after the Trailer has been inspected and all charges have been determined.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS RENTAL, THE RESERVATION OF A TRAILER, OR THE USE OR INABILITY TO USE THE TRAILER, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability to You under this Agreement, if any, shall not exceed the total rental charges actually paid by You for the current rental period. This limitation applies to all causes of action in the aggregate, including but not limited to breach of contract, tort (including negligence), strict liability, and any other legal or equitable theory.

WE SHALL HAVE NO LIABILITY FOR ANY LOSS OF OR DAMAGE TO CARGO, GOODS, MATERIALS, OR ANY OTHER PROPERTY TRANSPORTED IN OR ON THE TRAILER, REGARDLESS OF CAUSE.

15. Repossession

We may repossess the Trailer at Your expense and without prior notice if the Trailer is abandoned, used in violation of law, used in violation of this Agreement, or if You fail to return the Trailer on the date and time specified in this Agreement. You agree that repossession under these circumstances does not constitute a trespass or conversion.

16. Modifications; Entire Agreement

This Agreement constitutes the entire agreement between You and Us regarding this rental. All prior representations and agreements between You and Us regarding this rental are merged into this Agreement. No term of this Agreement can be waived or modified except by a writing signed by Us.

17. Waiver

A waiver by Us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of Your obligations under this Agreement. Our acceptance of payment from You, or Our failure, refusal, or neglect to exercise any of Our rights under this Agreement, does not constitute a waiver of any other provision of this Agreement.

18. Severability

If any provision of this Agreement is deemed void or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. 

19. Governing Law; Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to its conflict-of-laws principles. Any dispute arising out of or related to this Agreement shall be resolved in the state or federal courts located in the State of Alaska, and You consent to the personal jurisdiction of such courts.

20. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above, or to such other address as a party may designate in writing.

21. Acknowledgment and Signatures

By signing below, You acknowledge that You have been given an opportunity to read the Terms and Conditions of this Agreement before being asked to sign, and that You understand and agree to all terms and conditions set forth herein. You further acknowledge that You have inspected the Trailer prior to accepting delivery and that it is in acceptable condition for Your intended use. 

Your signature authorizes Us to process a credit card charge for all charges due under this Agreement, including later payment of any additional charges incurred due to damages, late fees, penalty fees, and all other amounts owed.