By completing this rental, Customer acknowledges having read, understood, and agreed to all terms and conditions set forth herein.
1. AGREEMENT TO TERMS
By completing this rental, Customer acknowledges having read, understood, and agreed to all terms and conditions set forth herein. These terms constitute a binding agreement between the Customer and Cin-Day Trailer Rental (CTR).
2. RENTAL PERIOD
The Rental Period begins at check-out and ends at the scheduled return date and time. Customer is responsible for returning the Trailer on time to CTR’s designated return location.
3. EARLY RETURN POLICY
No refund or credit will be issued for early returns unless agreed to in writing by CTR prior to the start of the Rental Period.
4. SECURITY DEPOSIT
A refundable Security Deposit of $250.00 is required at check-out. The deposit will be returned within five to ten business days following return of the Trailer, provided no damage beyond Normal Wear and Tear is found, all fees have been paid, and the Trailer is returned clean and in the same condition as at check-out.
5. DEPOSIT APPLICATION
CTR reserves the right to apply the Security Deposit toward any unpaid rental charges, damage costs, fees, or penalties owed under this Agreement.
6. PAYMENT TERMS
All rental fees are due in full at check-out. Accepted payment methods include credit card, debit card, cash, and personal or business check. Post-dated checks are not accepted.
7. RETURNED CHECK FEE
A fee of $35.00 will be assessed for any check returned by the financial institution for any reason.
8. SALES TAX
All applicable Ohio state and local sales taxes will be applied to all rental charges and fees.
9. COLLECTION COSTS
If Customer’s account is referred for collection, Customer agrees to pay all costs of collection, including court costs and reasonable attorney’s fees.
10. TOW VEHICLE CAPACITY
Customer certifies that the Tow Vehicle has adequate towing capacity — including GVWR rating, tongue weight, and hitch class — to safely and legally tow the rented Trailer at its loaded weight. CTR is not responsible for verifying the Tow Vehicle’s compatibility or capacity.
11. HITCH & COUPLER REQUIREMENTS
Customer is responsible for ensuring the Tow Vehicle is equipped with a properly rated hitch ball, receiver, and coupler compatible with the Trailer. Safety chains must be properly crossed and attached to the Tow Vehicle frame at all times before and during towing.
12. BRAKE CONTROLLER
For trailers equipped with electric brakes, Customer must supply and connect a functioning, properly adjusted electric brake controller. CTR does not supply brake controllers.
13. ELECTRICAL CONNECTION
Customer is responsible for ensuring a properly functioning and compatible electrical connection between the Tow Vehicle and the Trailer to operate all trailer lights and electric brake functions.
14. LOAD DISTRIBUTION
Customer is solely responsible for proper loading of the Trailer. Approximately 60% of cargo weight should be loaded forward of the trailer axle(s). Improper loading is considered misuse and voids the Damage Waiver.
15. SPEED LIMITS WHILE TOWING
Customer agrees not to exceed posted speed limits or 55 MPH while towing, whichever is lower, unless applicable state law expressly permits a higher towing speed.
16. TOW VEHICLE CONDITION
Customer represents that the Tow Vehicle is legally registered, properly insured, and in safe mechanical operating condition. CTR is not liable for any damage to the Tow Vehicle arising from use of the rented Trailer.
17. DAMAGE WAIVER PLAN — OVERVIEW
CTR offers an optional Damage Waiver Plan (DWP) available for purchase at check-out. THE DAMAGE WAIVER IS NOT INSURANCE. It is a contractual agreement in which CTR waives its right to seek reimbursement from Customer for certain accidental physical damage to the Trailer, subject to the terms, conditions, and exclusions stated herein.
18. DAMAGE WAIVER — WHAT IS COVERED
When the DWP is elected and all conditions are met, CTR will waive Customer’s financial responsibility for: (a) accidental structural or body damage from a collision or road incident; (b) accidental damage to trailer lighting, wiring, or electrical components from a documented road incident; (c) accidental damage to ramps, gates, or door components from a collision; (d) accidental tire damage from a blowout or road-hazard puncture, limited to one tire per Rental Period; and (e) vandalism damage, subject to a police report provided to CTR within 24 hours of discovery.
19. DAMAGE WAIVER — WHAT IS NOT COVERED
The DWP does not cover and Customer remains fully liable for damage or loss arising from: (a) theft or conversion of the Trailer; (b) overloading beyond the stated GVWR or payload capacity; (c) improper loading or load-shift damage; (d) use of an incompatible or improperly rated hitch, ball, coupler, or tow vehicle; (e) prohibited uses including off-road use, racing, hauling hazardous materials, or operation while impaired; (f) water damage, flood, or submersion; (g) intentional damage or gross negligence; (h) damage caused by an unauthorized driver; (i) damage outside the contiguous United States; (j) tire damage from dry rot, improper inflation, or pre-existing conditions; (k) interior damage caused by cargo; (l) loss of accessories, straps, or equipment not physically attached to the trailer frame; (m) damage for which Customer cannot provide a reasonable explanation; (n) any damage arising from a DUI/OWI incident; or (o) fines, penalties, impound fees, or towing costs.
20. DAMAGE WAIVER — CONDITIONS (VOID IF)
The DWP is void and Customer assumes full liability if Customer: fails to report damage within 24 hours; fails to file a required police report; authorizes or performs repairs without CTR’s prior written approval; provides false or misleading information about the damage; was engaged in a prohibited use at the time of damage; or fails to return the Trailer within 24 hours of the scheduled return time without CTR authorization.
21. DAMAGE WAIVER — CLAIMS PROCEDURE
To submit a DWP claim, Customer must: notify CTR within 24 hours of the damage; provide a written description of the incident including date, time, location, and circumstances; submit photographs if safely obtainable; provide any applicable police report; and cooperate fully with CTR’s damage assessment. CTR will provide a written coverage determination within five business days of Trailer return.
22. DAMAGE WAIVER — DECLINATION
If Customer declines the DWP, Customer accepts full financial liability for all damage to the Trailer during the Rental Period, up to and including the full replacement value of the Trailer. Customer is solely responsible for verifying whether their personal insurance policy covers rented trailers.
23. DAMAGE WAIVER — MAXIMUM BENEFIT
CTR’s maximum obligation under the DWP shall not exceed the lesser of: (a) the actual documented cost to repair the Trailer to its pre-damage condition, or (b) the current fair market replacement value of the Trailer at the time of the damage event.
24. DAMAGE WAIVER — THIRD-PARTY LIABILITY
The DWP does not provide any liability coverage for bodily injury or property damage sustained by third parties. Customer remains solely responsible for maintaining adequate third-party liability insurance.
25. INSURANCE REQUIREMENT
Customer must maintain, at their own expense, a valid automobile liability insurance policy covering bodily injury and property damage arising from use of the Trailer, with minimum coverage of $100,000 per occurrence / $300,000 aggregate.
26. RENTAL RATES DO NOT INCLUDE INSURANCE
Rental rates do not include any form of liability or physical damage insurance. The optional Damage Waiver Plan is not insurance and does not satisfy any insurance requirement.
27. INSURANCE VERIFICATION
Customer is solely responsible for confirming with their insurer whether their personal automobile policy extends coverage to a rented trailer. CTR makes no representation regarding the scope of any third-party insurance policy.
28. LAWFUL USE
Customer shall use the Trailer only for lawful purposes and handle it with reasonable care throughout the Rental Period.
29. PROHIBITED USES
The following uses are strictly prohibited: (a) loading cargo beyond the Trailer’s stated GVWR or payload capacity; (b) transporting hazardous materials; (c) any illegal purpose; (d) subletting, re-renting, or lending the Trailer to any third party; (e) use outside the contiguous 48 United States without prior written CTR authorization; (f) off-road or unpaved-surface use unless expressly authorized in writing; (g) use in competitions, racing, or exhibitions; and (h) operation while impaired by alcohol, drugs, or any controlled substance.
30. MAINTENANCE DURING RENTAL
Customer is responsible for periodically checking tire pressure, light functionality, and hitch security throughout the Rental Period. Customer shall not perform repairs or modifications to the Trailer without CTR’s prior written consent.
31. TRAFFIC VIOLATIONS & FINES
Customer is solely responsible for all traffic citations, toll charges, parking violations, impound fees, and governmental fines incurred during the Rental Period.
32. PARKING & STORAGE
When not in use, Customer must store the Trailer in a secure location. CTR is not responsible for theft or damage resulting from unsecured storage.
33. ACCIDENT & INCIDENT REPORTING
Customer must notify CTR within 24 hours of any accident, theft, damage, or mechanical failure, regardless of severity or fault.
34. POLICE REPORT REQUIREMENT
Customer must contact law enforcement and obtain a police report for any accident, theft, or vandalism involving the Trailer during the Rental Period. A copy must be provided to CTR within 48 hours.
35. NO UNAUTHORIZED REPAIRS
Customer must not authorize, contract for, or perform any repairs to the Trailer without CTR’s prior written authorization. Unauthorized repairs void the Damage Waiver.
36. COOPERATION WITH INVESTIGATION
Customer must cooperate fully with CTR and any involved insurance company in the investigation of any incident, providing written statements, photographs, and witness information as requested.
37. DISABLED OR ABANDONED TRAILER
If the Trailer becomes disabled or is abandoned, Customer must immediately notify CTR. CTR reserves the right to retrieve the Trailer at Customer’s expense. Customer remains responsible for all rental charges and retrieval costs until the Trailer is returned to CTR’s facility.
38. CONDITION INSPECTION
CTR will conduct a condition inspection at both check-out and check-in. Customer’s liability for damage discovered at check-in is not diminished by their absence during the check-in inspection.
39. CUSTOMER LIABILITY FOR DAMAGE
Customer is financially liable for all damage to the Trailer beyond Normal Wear and Tear occurring during the Rental Period, to the extent such damage is not covered by an elected and valid Damage Waiver Plan.
40. DAMAGE COSTS EXCEEDING DEPOSIT
If the cost of damage exceeds the Security Deposit, Customer agrees to pay the outstanding balance within ten days of receiving CTR’s written invoice. CTR’s damage assessment is final unless Customer provides a competing written estimate from a licensed repair facility within five business days.
41. LOST OR STOLEN TRAILER
If the Trailer is lost, stolen, or not returned, Customer is liable for the full current replacement value of the Trailer plus all rental charges accrued through the date of recovery or legal resolution.
42. CLEANING FEE
If the Trailer is returned in an excessively dirty or unsanitary condition beyond reasonable use, CTR reserves the right to deduct a cleaning fee from the Security Deposit.
43. EVENTS OF DEFAULT
The following constitute Events of Default: failure to return the Trailer on time; failure to make any payment when due; use of the Trailer for a prohibited purpose; material breach of any provision of this Agreement; or providing false information on this Agreement.
44. CTR REMEDIES UPON DEFAULT
Upon default, CTR may: declare all amounts immediately due; retrieve the Trailer at Customer’s expense without prior notice; report the Trailer as stolen to law enforcement; and pursue all available legal and equitable remedies.
45. LATE RETURN FEE
Customer is expected to return the Trailer at or before the scheduled return time. A 30-minute grace period is provided. After the grace period, Customer will be charged a late fee of $25.00 per hour. If the Trailer is more than 4 hours late, or returned after business hours, Customer will be charged an additional rental day at the full daily rate.
46. AFTER-HOURS RETURN FEE
Returns requiring CTR staff to remain on-site after posted business hours will incur a $50.00 after-hours fee.
47. NON-RETURN PENALTY
Failure to return the Trailer or failure to respond to CTR communication may result in a daily rental charge plus a $100.00 non-return penalty per day.
48. THEFT REPORTING — LATE RETURN
CTR reserves the right to report the Trailer as stolen if it is not returned within twenty-four (24) hours past the scheduled return time without Customer contact or explanation.
49. CUSTOMER INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Cin-Day Trailer Rental, its owners, officers, agents, and employees from and against any and all claims, damages, losses, costs, and expenses — including reasonable attorney’s fees — arising from Customer’s use of the Trailer, any breach of this Agreement, or any bodily injury, property damage, or death related to the Trailer during the Rental Period.
50. LIMITATION OF CTR LIABILITY
CTR’s total liability to Customer shall not exceed the total rental fees actually paid by Customer. CTR is not liable for indirect, consequential, incidental, punitive, or special damages.
51. NO WARRANTY OF FITNESS
CTR makes no warranties, express or implied, regarding the fitness of the Trailer for any particular purpose beyond general rental use. Customer accepts the Trailer in its condition as documented at check-out.
52. NO CARGO LIABILITY
CTR is not liable for damage to, loss of, or theft of any cargo, goods, or personal property transported in or on the Trailer.
53. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict-of-law principles.
54. VENUE
Any legal action arising from or related to this Agreement shall be brought exclusively in the courts of Warren County or Hamilton County, Ohio.
55. MEDIATION
Prior to initiating litigation, the parties agree to attempt resolution of any dispute through good-faith mediation before a mutually agreed mediator.
56. JURY WAIVER
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
57. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between CTR and Customer and supersedes all prior discussions, representations, or agreements, whether oral or written.
58. AMENDMENTS
No modification of this Agreement is valid unless made in writing and signed by both parties.
59. SEVERABILITY
If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
60. WAIVER OF ENFORCEMENT
Failure by CTR to enforce any provision of this Agreement shall not constitute a waiver of CTR’s right to enforce that provision in the future.
61. ASSIGNMENT
Customer may not assign or transfer this Agreement or any rights hereunder without CTR’s prior written consent. CTR may assign this Agreement without Customer’s consent.
62. FORCE MAJEURE
CTR shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disaster, government action, or public emergency.