1. DEFINITIONS

“Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old or the legal age of majority in Arizona, whichever is greater, and are not under the influence of any drugs, alcohol, substances or otherwise impaired.

“Customer” is identified earlier and includes any of your representatives, agents, officers, employees or anyone signing this Contract on your behalf.

“Environmental Services Charge” is the charge described in Section 17.

“Equipment” is the equipment and/or services identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented.

“Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment.

“Lost” means the Equipment is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days.

“FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses.

“One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipment with hour meters.

“Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use.

“Party” means Getz it Done or Customer and together both are the “Parties.”

“Pick-Up Number” is the number Customer obtains from Getz it Done evidencing the Customer’s call to pick up Equipment.

“Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to Getz it Done or picked up by Getz it Done during normal business hours, provided Customer has otherwise complied with this Contract.

“RPP” is the rental protection plan described in Section 10.

“Site Address” is the location that Customer represents the Equipment will be located during the Rental Period identified earlier.

“Store” is the Getz it Done location identified earlier.

“Getz” means Getz it Done and its affiliated companies, their respective officers, directors, employees and agents.

“Telematics Data” is data collected within the Equipment or via software relating to the Equipment, its performance, location, or operators.

“Transportation Surcharge” is a charge intended to defray a wide range of transportation expenses, both direct and indirect, which are not always fully recovered by other transportation charges.

2. TERMS

Customer’s execution of this Contract or taking possession of the Equipment, whichever occurs first, shall be deemed acceptance of the terms herein for this and all past and future contracts between Getz it Done and Customer upon Customer’s receipt of Getz it Done’s Equipment under those contracts.

Customer rents the Equipment from Getz it Done pursuant to this Contract, which is a true lease. The Equipment (a) is and shall remain the personal property of Getz it Done and (b) shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner.

3. PERMITTED USE

Customer agrees and warrants that (a) Getz it Done has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits; (b) prior to each use and its return to Getz it Done, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) any apparent agent at the Site Address is authorized to accept delivery of the Equipment and, if Customer requests, Customer authorizes Getz it Done to leave the Equipment at the Site Address without requirement of written receipt.

Customer shall immediately stop use and notify Getz it Done if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs.

Customer has received from Getz it Done all information needed or requested regarding the operation of the Equipment.

Getz it Done is not responsible for providing operator or other training unless Customer specifically requests in writing and Getz it Done agrees to provide such training. Customer is responsible to obtain all training that Customer desires prior to the Equipment’s use.

Getz it Done is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any disabled Authorized Individual(s).

Only Authorized Individuals shall use and operate the Equipment. Customer is responsible for the Equipment and its use during the Rental Period regardless of the user.

The Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, operating and safety instructions provided on, in or with the Equipment, and all applicable federal, state and local laws, permits and licenses, including but not limited to OSHA and ADA, as revised.

The Equipment shall be kept in a secure location and Customer shall provide Getz it Done with accurate and complete information, which Getz it Done relies upon to provide the appropriate Equipment to Customer.

4. PROHIBITED USE

Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Getz it Done’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner; (e) publicize use of the Equipment in any manner, including print, audiovisual or electronic; or (f) allow the use of the Equipment by anyone other than Authorized Individuals. Customer acknowledges that the Equipment may be dangerous if used improperly or by untrained parties.

5. MAINTENANCE

Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires, tracks, cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable.

All other maintenance or repairs may only be performed by Getz it Done or its agents, but Getz it Done has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call.

If Getz it Done determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed.

If Equipment is stolen or damaged in excess of 40% of the Equipment’s FMV, Customer will be responsible for the FMV of the Equipment, including applicable sales tax.

Getz it Done has the right to inspect the Equipment wherever located. Customer grants Getz it Done and its agents the right to enter the physical location of the Equipment for the purposes set forth herein.

Getz it Done shall be responsible for repairs needed because of Ordinary Wear and Tear.

6. CUSTOMER LIABILITY

DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT.

After an Incident, Customer shall immediately notify Getz it Done, the police if necessary, and Customer’s insurance carriers; secure and maintain the Equipment and surrounding premises in the condition existing at the time of the Incident until Getz it Done or its agents investigate; immediately submit copies of all police or other third-party reports to Getz it Done; and, as applicable, pay Getz it Done the rental rate until repairs are completed or Equipment replaced plus either the FMV or the full charges of recovery and repairs of damaged Equipment.

7. NO WARRANTIES

GETZ IT DONE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST GETZ IT DONE ENTITIES.

CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES GETZ IT DONE ENTITIES FROM ALL LIABILITIES AND DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF GETZ IT DONE’S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES, UPON WHICH GETZ IT DONE RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITATION OF INJURIES TO PERSONS SHALL APPLY.

8. RELEASE AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS GETZ IT DONE ENTITIES HARMLESS AND, AT GETZ IT DONE’S REQUEST, DEFENDS GETZ IT DONE ENTITIES, WITH COUNSEL APPROVED BY GETZ IT DONE, FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES, HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR BREACH OF THIS CONTRACT.

CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT.

9. INSURANCE

During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage:

(a) For Customers using Equipment for non-personal use, general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8.

(b) For Customers using Equipment for non-personal use, property insurance against loss by all risks to the Equipment, in an amount at least equal to the FMV thereof, unless RPP is elected at the time of rental and paid for prior to any Incident.

(c) Workers’ compensation insurance as required by law.

(d) Automobile liability insurance, including comprehensive and collision coverage and uninsured/underinsured motorist coverage, in the same amounts set forth above if the Equipment is to be used on any roadway.

Customer shall provide Getz it Done with certificates of insurance evidencing required coverage prior to any rental and any time upon Getz it Done’s request.

10. RENTAL PROTECTION PLAN

Customer’s repair or replacement responsibility in Sections 5 and 6 of this Contract is modified by the RPP, if offered on the Equipment, and Getz it Done shall limit the amount collected from Customer for Equipment loss, damage or destruction to the following amounts for each piece of Equipment, per occurrence:

(a) 10% of the FMV for Lost Equipment, up to a maximum of $500 per piece of Equipment;

(b) 10% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $500 per piece of Equipment;

(c) charges in excess of $50 per tire for tire repairs; and

(d) nothing for rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by Getz it Done or Lost Equipment is being replaced by Getz it Done.

THE RPP IS NOT INSURANCE AND DOES NOT PROTECT CUSTOMER FROM LIABILITY TO GETZ IT DONE OR OTHERS ARISING OUT OF POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING INJURY OR DAMAGE TO PERSONS OR PROPERTY.

The RPP is a contractual modification of Customer’s liability. Customer must accept the RPP in advance, pay 15% of gross rental charges as the RPP fee plus applicable taxes, fully comply with this Contract, maintain a current account, and have none of the exclusions apply.

Exclusions include intentional misuse; Lost Equipment not reported to police within 48 hours of discovery and substantiated by a written police report; floods, water level changes, wind, storms, earthquakes or Acts of God; and accessories or Equipment for which Customer is not charged the RPP fee.

THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE RPP.

11. RENTAL RATES

The total charges specified in this Contract are estimated based upon Customer’s representation of the estimated Rental Period and other information conveyed by Customer to Getz it Done. Rental rates beyond the estimated Rental Period may change.

Weekly and four-week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays.

Rental rates do not include and Customer is responsible for consumables, fees, licenses, present and future taxes and other governmental charges; delivery and pickup charges; maintenance, repairs and replacements; cleaning fees; miscellaneous charges; fuel; fines; environmental charges; and transportation charges, as applicable.

12. PAYMENT

Customer shall pay for the rental of Equipment, sale of Equipment, materials and all other items and services identified in this Contract and all other amounts due, without any offsets, in full, in advance at the time of rental, unless Getz it Done approves Customer’s executed commercial credit application.

Commercial customers who are approved for extended payment terms must pay, in arrears, upon receipt of Getz it Done’s invoice, either by cash, check or ACH.

Customer must notify Getz it Done in writing of any disputed amounts, including credit card charges, within 15 days after receipt of the invoice or contract or Customer shall be deemed to have waived its right to dispute such amounts.

At Getz it Done’s discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and Equipment may be picked up without notice.

Due to the difficulty in fixing actual damages caused by late payment, Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law shall be assessed on all delinquent accounts until paid in full.

Customer shall reimburse Getz it Done for costs incurred in collecting late payments, including attorneys’ fees where permitted by law.

Customer shall pay a fee of $75 for each check returned for insufficient funds.

Deposits will only be returned after all amounts are paid in full.

CUSTOMER AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER AUTHORIZES GETZ IT DONE TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING LOSS OF OR DAMAGE TO THE EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD.

13. RETURN OF EQUIPMENT

Getz it Done may terminate this Contract at any time, for any reason. The Equipment shall be returned to Getz it Done when needed for inspections, maintenance and at the end of the Rental Period in the same condition it was received, less Ordinary Wear and Tear and free of hazardous materials and contaminants.

Customer will return the Equipment at the end of the Rental Period but will continue to be responsible for rental and other charges if the Equipment is not returned in the condition required herein.

If Getz it Done delivered the Equipment, Customer shall notify Getz it Done that the Equipment is ready to be picked up at the Site Address and obtain a Pick-Up Number, which Customer should keep as proof of the call.

Customer remains liable for loss, theft, damage to or destruction of the Equipment until Getz it Done confirms that the Equipment is returned in the condition required herein.

If Customer picked up Equipment, Customer shall return Equipment to the same Store during normal business hours.

14. PURCHASES

If this Contract identifies any Equipment, materials or other items to be purchased by Customer, Getz it Done sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without warranties other than manufacturer warranties, if any.

Getz it Done retains title to the item until Customer has paid in full.

15. DEFAULT

Customer shall be in default if Getz it Done deems itself insecure or if Customer fails to pay sums when due, breaches any Section of this Contract, becomes a debtor in bankruptcy, goes into receivership, takes protection from creditors, ceases business, has assets seized, fails to insure Equipment as required, places Equipment at risk, fails to return Equipment immediately upon demand, or is in default under another contract with Getz it Done.

If a Customer default occurs, Getz it Done shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice to the extent permitted by law.

Customer shall pay all of Getz it Done’s reasonable costs, including collection costs, court costs, attorneys’ fees and legal fees incurred in exercising its rights or remedies.

16. 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 and may be subject to criminal prosecution and civil liability where permitted under applicable law.

17. ENVIRONMENTAL SERVICES CHARGE

To promote a clean and sustainable environment, Getz it Done takes various measures to comply with applicable environmental regulations and its own policies.

Getz it Done also incurs environmental-related expenses, including waste disposal, construction and maintenance of cleaning facilities, acquisition of more fuel-efficient equipment, labor costs and administrative costs.

To help offset these and other costs, Getz it Done may assess an Environmental Services Charge plus applicable taxes in connection with certain rentals.

18. FUEL

For Equipment that uses fuel, Customer has three options: Prepay Fuel Option, Pay on Return Option, and Return Full Option.

Under the Prepay Fuel Option, Customer may purchase a full tank of fuel at the start of the rental, subject to the applicable convenience charge.

Under the Pay on Return Option, if Customer returns Equipment with less fuel than when received, Customer shall pay the applicable refueling charge.

Under the Return Full Option, if Customer returns Equipment with at least as much fuel as when received, no fuel charge will be assessed.

Customer agrees that none of these options are a retail sale of fuel.

19. ACCOUNT SUSPENSION / TERMINATION / BLOCKING

Getz it Done reserves the right to suspend, terminate and/or block customer accounts for any reason, including but not limited to suspicious or malicious activity or an account being compromised in any way.

20. LIMITATION OF GETZ IT DONE’S LIABILITY

IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT GETZ IT DONE’S LIABILITY UNDER THIS CONTRACT, INCLUDING LIABILITY ARISING FROM GETZ IT DONE’S, ITS ENTITIES’, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

21. JURY TRIAL WAIVER

IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND GETZ IT DONE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTER INTO THIS CONTRACT, TO THE EXTENT SUCH WAIVER IS ENFORCEABLE UNDER ARIZONA LAW.

22. ARBITRATION AGREEMENT & CLASS ACTION WAIVER

AT THE ELECTION OF CUSTOMER OR GETZ IT DONE, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT MAY BE SETTLED BY ARBITRATION TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Any arbitration shall be brought in the party’s individual capacity and not as a plaintiff in a purported class or representative capacity, and shall be administered pursuant to applicable arbitration rules agreed upon by the Parties or otherwise applicable by law.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS TO THE EXTENT SUCH WAIVER IS ENFORCEABLE UNDER APPLICABLE LAW.

23. COMPLIANCE WITH EXPORT AND IMPORT LAWS

Removal of the Equipment from the United States is prohibited under this Contract unless Customer first obtains written consent from Getz it Done and executes any required amendment.

Customer shall comply with all applicable federal export, re-export, customs and import laws and regulations.

Customer is responsible for obtaining all licenses, authorizations and documentation required for any approved transportation or operation of Equipment outside the United States.

24. COLLECTION OF DATA

Customer consents to the collection, use and disclosure of data and information Customer voluntarily provides to Getz it Done, including personal identifying information and financial information, as well as Telematics Data collected from the Equipment.

Such information may be used for rental administration, Equipment operation, safety, security, maintenance, billing, recovery of Equipment, legal compliance and other legitimate business purposes, subject to applicable law.

25. GOVERNING LAW — ARIZONA

THE PARTIES EXPRESSLY AND IRREVOCABLY AGREE THAT THIS CONTRACT, INCLUDING ANY RELATED TORT CLAIMS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

If any Section of this Contract is prohibited by any applicable law, such Section shall be ineffective only to the extent of such prohibition without invalidating the remaining Sections.

26. FORCE MAJEURE

Getz it Done shall not be liable or responsible to Customer, nor be deemed to have defaulted under or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts beyond Getz it Done’s control.

Force Majeure Events include acts of God; flood, fire, earthquake, epidemics, pandemics or explosion; war, invasion, hostilities, terrorist threats or acts, riot or civil unrest; government order, law, regulations, shutdowns or actions; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns; shortage of adequate power or transportation facilities; and other events beyond Getz it Done’s control.

27. MISCELLANEOUS

This Contract, together with any Customer executed commercial credit application, if any, constitutes the entire agreement of the Parties regarding the Equipment and may not be modified except by written amendment signed by the Parties.

Any reference in Customer’s purchase order or other Customer document to other terms that shall control this transaction shall be void unless expressly accepted in writing by Getz it Done.

This Contract benefits solely the Parties and their respective permitted successors and assigns and nothing in this Contract, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Contract.

Customer’s obligations hereunder shall survive the termination of this Contract.

If any term is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or invalidate or render unenforceable such term to the extent permitted by law.

This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of persons who have rights in the Equipment.

Headings are for convenience only. To the extent that any terms in this Contract conflict, the Parties agree that the more specific terms control.

A copy of this Contract shall be valid as the original.

Any failure by Getz it Done to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future.

Customer and the person signing this Contract agree, represent and warrant that the person executing is 18 or the legal age of majority in Arizona, whichever is greater, and that they both have full authority to execute, deliver and perform this Contract.

Customer and the person signing further agree that this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with its terms to the extent permitted by applicable law.

If the Parties have a fully executed, active agreement intended to govern over conflicting terms and conditions, such agreement shall take precedence over the terms herein.