Fillable Printable Refrigerated Trailer Rental Agreement

docum entation is a condition preceden t to the delivery of the Trailer, Beverag es and Optional Item s , if any.

2. Delivery; Pos ses sion ; Use . Subject to Less ee having com plied f ully with Sec tion 1,W BD w ill deliver

the Trailer to the Locat ion at or about the Leas e Start Tim e, when Lesse e and the WBD rep. shall jointly in spect and

caus ed to be sign ed the annexed Delivere d Condition Insp ection Repo rt which fo rm s a part of this Agre em ent, and

upon s uch exec ution satis factory to both Pa rties, the Lease Te r m shall com men ce, Less ee shall be deem ed to have

accep ted pos sessi on of the Trailer, Beverag es, W BD Equipm ent and any Optional item s (collectively, the

“ Property ”), all in “as is ” condition f or the Leas e Term . Upon su ch execution, any obligation s of W BD with regard

to the Trailer and the dispe nsing of Beverage s shall cease, and L ess ee and L ess ee’s Represe n tative shall

sim ultaneo usly acce pt and as sume full responsibili t y for the m anagem ent, operations and cond itions of the Property.

Until W BD retakes poss essi o n of the Trailer, and any other Property, including any unused Beverages i n their

original condi t ion, Lessee shall be solel y responsi ble for the m anagem ent, operation and condition s of all such

Property, includi n g the dis pens ing of Be verages , all to be in accordance with: (a) all applica ble laws, regulations ,

ordinanc es (collectively, “ Law s ”); and (b) this Agreem ent, including the WB D Procedures enc losed with the

Trailer, which const i tute a part of this Agreem ent. At or about the Lease End Tim e, and prior to WB D retaking

poss ession of the Trailer and other Property, Less ee and a WBD r ep s hall inspec t the Tr ailer and Prope r ty and shal l

execut e the annexed R eturned Conditio n Inspe ction Report form ing a part of this Agreem ent, sati sfac tory to both

Parties , at which tim e WB D will be deem ed to have reta ken poss ession of the Trailer and such other Property as is

returned to W BD. At no tim e shall Lessee cl aim any own ership or other rights to the Trailer the W BD Equipm ent,

or Other Item s, other than the s ale or use rights as expressl y provided by this Agree ment. The Trailer m ay not be

m oved from the spot at the Location as placed by WB D. No Bev erages or other item s ma y be dispensed from the

Trailer other than Be verages and Op tional Item s purcha sed from WB D. No food or other item s m ay be stored in the

Trailer. WB D personn el are not perm it ted to dispens e any Beverages at any time except to test or repair W BD

Equipm ent; any Bev erages dispense d during testing or repair m ay not be cons um ed and m ust be discarded . Only

qualifi ed WB D personnel are perm itted to m ove the Trailer and/or service the Trailer and the WBD Equipm ent.

Lesse e and others are not perm itted to adjust an y CO2 , Beer Gas, coo perage , keys, handles , tem perature gauges , or

other item s owned by W BD ( “ WBD Equi pment ”) Lesse e m ay not use any extension or other electrical cords

except as provided by WBD , and m ay not attach any si gnage or other m aterials to the Trailer by any m eans other

than by painters ’ tape . Lessee covena nts and agrees that only person s over twenty one (21) years of age, and

instruc t ed by a W BD Rep., shall be perm itted to operate the Trailer and t o dispe nse Be verages , all in full com pliance

with the Laws . Any representa tives of W BD (a “ WBD Re p. ”) ever present at the Loc ation durin g the Event are fo r

the so le and lim ited purpose o f testing an d m aintenance of the Trailer and W BD equipm ent and m ay not ass ume an y

other tas ks, whether th e serving o f Bevera ges or other products , the policing of the Location pre m ises, the cleaning

3. Risk of Loss and Final Payment . Lessee as sum es the entire risk of loss of and/or dam age to the Trailer,

Beverag es, WB D Equipme nt and Option al Item s, if any, and for the lack of clea nliness of the Trailer and other

Properties while in Less ee’s pos sess ion, and Lessee s hall prom ptly advise W BD, orally and in writing, in the even t

of any los s or dam age to the above. Less ee shall pa y to WB D a “ Replacem ent/Dam age Fee ” pursuant to WB D’s

stand ard term s for all dam aged, unclean an d miss ing W BD Property as noted o n the signed Returned C ondition

Ins p ection Repor t , which Replacem ent/Da mage F ee shall be added to the W BD’s F inal Adjus ted Invoice. The Final

Adjus ted Invoice is payable wi t hin seven (7) days aft er p resen tm ent to Lessee and may includ e a credit to Lesse e

upon the return to WBD of any WB D beverages in their origin al condition and sealed packagin g. No credit will be

given to Less ee for any partial cases of Beverag es, tapped or partially filled kegs, or any Bevera ges or other

4. Lessee In surance Obliga tions . Lessee ag rees at its own expe nse to procure and to m aintain ins urance

from a highly rated ins ur anc e com pany suff icient to protect WB D and Lesse e from and agains t all loss and liabil ity

for prope rty dam age, bodily injury or death aris ing out of the use of the Trailer or other Property, with a lim it of at

least $1 ,000,000 per oc currence. Suc h insuranc e shall include coverag e for clai ms arising out of the s ale or provision

of alcoh olic Beverages and for claim s arisin g out of the us e or operation o f any vehic le. The insuranc e r equired

under this Agreem ent shall na m e WBD as an “addition al i nsured,” o n a prim ary and non-contributory basis. Les see

shall f ur nish proo f of s uch insurance sa tisfactory to W BD , and shall be res ponsib l e for the p aym ent of all prem ium s,

deductibles , r etention am ounts an d uninsured loss es. The docum ents ref lecting the insurance coverag e must be

5. Indemnificatio n; No Repre sen tations . To the fullest ex tent perm itted by Law, Lesse e covena n ts and

agrees to def end, indem nify, and hold h arm less W BD and its owners, of ficers, directors, em ployees , representati v es,

attorneys and agen ts (each, an “ Indem nified Party ”) agains t each claim , liability cos t, expense or dam ages, without

any lim itation as to am ount, cos t or expens e (including, but not lim ited to, reasona ble attorneys ’ fees ) arising out of,

from or in connection with the use of the Trailer or Property, or both, and the dispen sing and/or serving of any

Beverag es or in any other m anner in connection with this Ag reem ent. Neither WBD , nor any other Indem nified

Party m akes any ex press or im plied representa t ion or warranty as to an y matters, inclu ding without lim itation, the

quality, condi t ion, m erchantability, des ign, capac i ty, workm anship or perfo rmance of the Trailer or the Propert y, or

any item s to be dispen sed from the Trailer, or their fitness fo r any particula r purpose; provid ed, however, that W BD

will acc ept back fo r full credit an y products dete r m ined by WB D to have been def ective on de livery by W BD. No

defec t or unsuitabili ty of the Trailer or the Property, or delay in delivery thereo f, shall relieve Les see of its

obligations under this A greeme nt to pay f or the Beverag es or Optional Item s, or for any other paym ent to WB D

6. Lessee R epresentative . If Less ee is not a single ind ividual, Less ee shall design ate one (1) perso n over the

age of twenty-one (21) ye ars, to be Lessee’ s Re presentat ive with the full power and authority to bind Le ssee and to

exercis e the duties and obligat ions of Lessee as set forth in this Agreem ent. Notice by W BD to Lessee’ s

7. General . This Agreem ent and the docum ents attached to, or referred to. herein constitute the ent i re

Agreem ent betwe en WB D and Less ee, and m ay not be changed, revised or supp lem ented except by a written

docum ent execut ed by and/o r on behalf of b oth Less ee and WBD (th e “ Parties ”). Any waiver of this Agreem ent or

any provis ion hereof m ust be in writing and s igned by both Parties. New York Law contro l s this Agre em ent and any

interpreta tion or enfo rcem ent hereof, without reg ar d to any Conf licts or Choice of Law provisions . Any te rm s and

condition s of this Agreem ent that by their nature ca n survive the Lease Term shall rem ain in force af ter the Lease

Term . Any litigation regardi ng the Agreem ent, the Trailer, the Property or the Beverages s h all be held only in

federal o r state cou rts in the County of the Loca ti on, and the Parties ac knowledge the p roper jurisdict io n of, and

appropria t eness of ve nue, therein. The prevailin g Party shall be entit led to attorneys’ f ees and expens es. Lessee sha ll

pay all sa les, use an d any other appl icable taxes or cos ts bas ed on perf orm ance under this A g reem ent, use of the

Trailer and the dispen sing of Beverages . Multi-Party Less ees are jointly and seve rally respons ible as the Lessee

under this Agreem ent. Third parties ha ve no rights hereu nder. Lessee is not a partn er, em ployee, or joint venturer