3.1. Delivery Terms

  • Renter must ensure a responsible adult aged 25 or older is present at the delivery location to accept the equipment, inspect it, and sign the delivery confirmation.
  • Renter is responsible for providing a safe, accessible, and legal delivery location. Any costs incurred by Guardian Rentals resulting from an inaccessible delivery site (failed delivery attempt, towing, etc.) are Renter’s responsibility.
  • Risk of loss and damage to the equipment transfers to Renter upon delivery and completion of the delivery inspection, and transfers back to Guardian Rentals only upon completion of the pickup inspection by Guardian Rentals personnel.
  • Delivery fees are non-refundable once the delivery has been made.
  • Guardian Rentals is not responsible for delays caused by traffic, weather, or other circumstances beyond its control. If a delivery is more than two (2) hours late through no fault of Renter, the rental period will be adjusted accordingly.

3.2. Pickup Terms

  • Equipment must be accessible, fully cleaned, and ready for pickup at the agreed time and location. Any waiting time beyond fifteen (15) minutes caused by Renter’s failure to prepare equipment for pickup may be charged at $35 per 15-minute increment.
  • If Guardian Rentals cannot complete the scheduled pickup because the equipment is inaccessible, locked away, or Renter has not made it available, a failed-pickup fee of $50 will be charged and a new pickup appointment must be scheduled at Renter’s expense.
  • Renter must not move equipment to a different location from where it was delivered without prior written approval from Guardian Rentals.

3.3. Self-Return / Keybox Return

If Renter is using Guardian Rentals’ self-serve keybox system to return equipment keys or access codes at the conclusion of a rental, Renter acknowledges:

  • Renter is responsible for documenting the condition of the equipment at the time of return with dated photographs or video submitted to Guardian Rentals via text or email at the time of return.
  • Guardian Rentals will conduct a return inspection within a reasonable time after self-return. Any damage identified during that inspection that is not documented by Renter at return will be attributed to the rental period.
  • Failure to document equipment condition at self-return constitutes a waiver of any right to dispute damage findings made during Guardian Rentals’ subsequent inspection.

 

SECTION 4 — PAYMENT, SECURITY DEPOSIT & CREDIT CARD AUTHORIZATION

4.1. Payment

All rental charges, fees, and applicable taxes are due in full at the time of booking or pickup. Guardian Rentals accepts Visa, Mastercard, American Express, Discover, and cash. Personal checks are not accepted. Renter is responsible for all applicable Utah sales tax on rental charges.

4.2. Security Deposit — Authorization and Hold

By signing this Agreement, Renter unconditionally and irrevocably authorizes Guardian Rentals to place a pre-authorization hold (not a charge) on Renter’s credit or debit card in the deposit amount specified in Section 2. Renter further acknowledges:

  • The hold will be released within three (3) to seven (7) business days following equipment return and satisfactory inspection, subject to any deductions authorized under Section 4.3.
  • Renter’s card-issuing bank controls hold-release timelines beyond the point of Guardian Rentals’ release; Guardian Rentals is not liable for bank delays.
  • Debit card holders acknowledge that held funds will be unavailable in their account for the duration of the rental and until the hold is released.
  • Guardian Rentals reserves the right at its sole discretion to require an increased deposit amount based on equipment value, rental duration, or Renter’s rental history.
  • Renter must provide a valid credit or debit card. Cash deposits are accepted only at Guardian Rentals’ discretion and are subject to a $25 processing fee.

4.3. Authorization to Charge — Without Additional Consent

RENTER EXPRESSLY AND IRREVOCABLY AUTHORIZES GUARDIAN RENTALS TO CHARGE THE CREDIT OR DEBIT CARD ON FILE, WITHOUT REQUIRING ANY ADDITIONAL WRITTEN OR VERBAL AUTHORIZATION AT THE TIME OF THE CHARGE, FOR ANY AND ALL OF THE FOLLOWING:

  • Equipment damage, repair costs, replacement costs, and related administrative charges (see Section 7).
  • Downtime charges — the standard daily rental rate for each day equipment is unavailable due to Renter-caused damage.
  • Missing equipment, accessories, attachments, keys, or components, at replacement cost.
  • Cleaning fees for equipment returned in an excessively dirty or contaminated condition, at cost plus a $35 service fee.
  • Fuel charges for equipment returned below the documented pickup fuel level, plus a $35 refueling service fee.
  • Late return fees as specified in Section 6.
  • Delivery/pickup fees and any failed-attempt fees per Section 3.
  • Towing, recovery, or transport costs resulting from Renter misuse, breakdown caused by Renter, or abandonment.
  • Traffic citations, tolls, fines, or penalties incurred during the rental period, plus a $20 administrative processing fee per citation.
  • Any other amounts owed under this Agreement.

This authorization survives the expiration or termination of the rental period and remains effective until all amounts owed have been collected in full.

4.4. Chargeback Prohibition

Renter agrees NOT to initiate a chargeback, reversal, or dispute with Renter’s card issuer or bank for any charge authorized under this Agreement. All such charges are pre-authorized legitimate transactions. Renter’s signature on this Agreement constitutes a signed merchant authorization that Guardian Rentals may present to Renter’s card issuer as evidence of authorization.

If Renter believes a charge is in error, Renter’s sole remedy is to contact Guardian Rentals in writing within seven (7) days of the charge. Guardian Rentals will review and respond within five (5) business days. If Renter initiates an unauthorized chargeback, Renter agrees to immediately reimburse Guardian Rentals for:

  • The full disputed amount.
  • All chargeback fees, bank fees, and processing costs incurred by Guardian Rentals (typically $25–$100 per incident).
  • Reasonable attorney’s fees and collection costs.

4.5. Recurring Charges for Failure to Return

If Renter fails to return equipment by the scheduled return time and has not obtained an approved extension, Guardian Rentals is authorized to charge Renter’s card on file a weekly recurring charge equal to the standard weekly rental rate for the applicable equipment until all equipment has been returned. The maximum charge under this provision shall not exceed the current fair market replacement value of the unreturned equipment, plus all administrative charges associated with recovery. Failure to return equipment may also result in reporting the equipment as stolen to law enforcement and civil or criminal prosecution under Utah law.

4.6. Renter’s Right to Dispute

Renter may dispute any charge by providing written notice to Guardian Rentals within seven (7) days of the charge. Renter is entitled to request a written estimate of repair costs and to obtain one (1) competing estimate within five (5) business days of receiving Guardian Rentals’ estimate. Guardian Rentals may proceed with repairs using its chosen provider. If Renter fails to respond to a damage estimate within five (5) business days, Guardian Rentals may proceed with repairs and charge Renter accordingly.

 

SECTION 5 — PERMITTED USE, RESTRICTIONS & OPERATOR REQUIREMENTS

5.1. Age Requirement — No Rentals to Persons Under 25

GUARDIAN RENTALS DOES NOT RENT EQUIPMENT TO ANY PERSON UNDER THE AGE OF 25. NO EXCEPTIONS. ANY ATTEMPT TO RENT ON BEHALF OF AN UNDERAGE PERSON OR MISREPRESENTATION OF AGE CONSTITUTES FRAUD AND WILL RESULT IN IMMEDIATE TERMINATION OF THE RENTAL, FORFEITURE OF ALL DEPOSITS AND FEES, AND MAY BE REFERRED TO LAW ENFORCEMENT.

 

All operators of rented equipment must be 25 years of age or older with a valid government-issued driver’s license. Renter is solely responsible for ensuring that no person under 25 operates any rented equipment. If Guardian Rentals discovers that equipment was operated by a person under 25, this constitutes a material breach of this Agreement and voids all damage protections.

5.2. Authorized Operators

Only the named Renter and any additional authorized operators listed below may operate any rented equipment. Renter accepts full liability for the actions of all authorized operators as if they were Renter’s own actions.

Additional Authorized Operator(s): _____________________________________________  Age: _____  DL#: _________________

Additional Authorized Operator(s): _____________________________________________  Age: _____  DL#: _________________

5.3. Special Operator Requirements

  • OHV/RZR: All operators must possess a valid Utah OHV Safety Education Certificate (free at recreation.utah.gov; approximately 15 minutes). Certificate must be presented before equipment is released. Utah Code 41-22-31.
  • Gooseneck Trailer: Renter’s tow vehicle must be equipped with a properly rated gooseneck ball/5th-wheel and the tow vehicle GVWR must exceed the fully loaded trailer weight. Renter warrants this requirement is met by signing this Agreement.
  • Excavators / Heavy Equipment: Renter warrants that all operators have sufficient training and experience to safely operate the specific equipment rented.

5.4. Prohibited Uses

Renter agrees to use all equipment only for its intended, lawful purpose in accordance with manufacturer specifications and all applicable laws. The following uses are strictly prohibited:

  • Operating any equipment while under the influence of alcohol, drugs, or any impairing substance.
  • Using equipment to transport people or property for hire unless specifically disclosed and approved in writing.
  • Loading trailers or equipment beyond rated payload or tow capacity.
  • Using equipment on terrain, in conditions, or for tasks for which it is not rated or designed.
  • Tampering with, modifying, disabling, or removing any safety features, decals, GPS devices, identification markings, or telematics equipment.
  • Subleasing, lending, or transferring equipment to any third party not listed as an authorized operator.
  • Using equipment in any speed contest, racing event, or stunt activity.
  • Transporting illegal drugs, contraband, or hazardous materials.
  • Operating equipment in a reckless or grossly negligent manner.
  • Engaging in any excavation without first contacting Blue Stakes of Utah (dial 811) at least two (2) business days prior to digging.
  • For cargo van: use of gasoline in a diesel vehicle; smoking, vaping, or cannabis use inside the vehicle.
  • For RZR: jumping, stunt riding, water crossings beyond axle depth, operating on public streets unless street-registered, carrying more than four (4) passengers.
  • Removing, operating, or transporting equipment outside the approved geographic area without prior written consent.

5.5. Care and Maintenance

During the rental period, Renter is required to:

  • Maintain proper fuel, oil, coolant, hydraulic fluid, and DEF (diesel equipment) levels.
  • Check tire pressure and condition before each use.
  • Inspect equipment before each use for visible damage, fluid leaks, or mechanical abnormalities.
  • Immediately stop operation and contact Guardian Rentals if any warning lights, error codes, or abnormal operation occurs.
  • Keep equipment secured and locked when not in use.
  • Not attempt to perform any repairs, modifications, or maintenance on the equipment without prior written authorization from Guardian Rentals.
  • Cooperate fully with any investigation, incident report, or insurance inquiry related to the equipment.

5.6. Geographic Restrictions

Equipment may be used only within Utah County and Salt Lake County, Utah, unless prior written approval is obtained from Guardian Rentals. Renter acknowledges that all equipment may be equipped with GPS telematics devices (see Section 11). Use of equipment outside the approved area constitutes a material breach of this Agreement, voids all damage protections, and authorizes Guardian Rentals to immediately repossess the equipment at Renter’s expense.

5.7. Fuel Policy

All equipment must be returned at the same fuel level documented at pickup. Diesel equipment must receive ultra-low sulfur diesel fuel only. Gasoline must never be placed in a diesel engine; all resulting damage is Renter’s sole responsibility including full engine replacement if necessary. If equipment is returned below the documented fuel level, Guardian Rentals will charge for the fuel required to restore the documented level plus a $35 refueling service fee.

 

SECTION 6 — RENTAL PERIOD, EXTENSIONS, LATE RETURNS & DEFAULT

6.1. Rental Period

The rental period begins at the time of pickup or delivery (as documented) and ends at the agreed return time specified in Section 2. Equipment must be returned to the designated return location by the agreed return time. No refund or credit is provided for equipment returned early.

6.2. Extensions

Renter must contact Guardian Rentals at least two (2) hours before the scheduled return time to request an extension. Extensions are at Guardian Rentals’ sole discretion, subject to availability. Approved extensions are charged at the standard daily rate. Any verbal extension approval must be confirmed in writing (text or email) to be valid.

6.3. Late Returns & Fees

  • 0–2 hours late: $25 late fee.
  • 2–4 hours late: One additional half-day rental charge.
  • More than 4 hours late without approved extension: One additional full-day rental charge.
  • Failure to return by end of next business day: Weekly recurring charges activate per Section 4.5.

Late fees will be charged to Renter’s card on file per Section 4.3 without additional authorization.

6.4. Default & Repossession

Guardian Rentals may declare this Agreement in default and immediately repossess equipment without notice if: (i) Renter fails to return equipment by the scheduled return date; (ii) Renter violates any material term of this Agreement; (iii) Renter provides false or misleading information; or (iv) Renter becomes insolvent or files for bankruptcy. In the event of repossession, Renter shall be responsible for all costs of repossession including towing, transport, locksmith fees, and any legal costs. Renter waives any claim for damages arising from a lawful repossession.

6.5. Failure to Return — Criminal Liability

RENTER IS HEREBY NOTIFIED THAT FAILURE TO RETURN RENTAL EQUIPMENT BY THE SCHEDULED RETURN DATE, WITH INTENT TO DEPRIVE GUARDIAN RENTALS OF THE EQUIPMENT, MAY CONSTITUTE A CRIMINAL OFFENSE UNDER UTAH LAW AND MAY RESULT IN RENTER BEING PROSECUTED. MISREPRESENTATION OR FRAUD IN CONNECTION WITH THE RENTAL OF EQUIPMENT CAN LEAD TO CRIMINAL PROSECUTION.

 

SECTION 7 — DAMAGE, LOSS & RENTER LIABILITY

7.1. Renter Assumes All Risk — Regardless of Fault

RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY, AND OPERATION OF THE EQUIPMENT DURING THE RENTAL PERIOD, INCLUDING BUT NOT LIMITED TO RENTAL CHARGES, TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH.

 

RENTER IS RESPONSIBLE FOR ALL LOSS OF AND DAMAGE TO EQUIPMENT REGARDLESS OF FAULT, INCLUDING LOSS OR DAMAGE CAUSED BY THEFT, ACCIDENT, ABUSE, MISUSE, NEGLECT, OR INTENTIONAL ACTS.

7.2. Pre-Rental Inspection

Renter is required to inspect all equipment at pickup and complete the Pre-Rental Inspection Form. Renter’s signature on that Form constitutes acknowledgment that equipment is in good working condition with no pre-existing damage beyond what is documented. Any damage not noted at pickup will be conclusively presumed to have occurred during the rental period and Renter will be held financially responsible.

7.3. Return Inspection & Self-Return Documentation

If Renter is present at return, Renter must participate in the return inspection. If Renter returns equipment unattended (via keybox or self-return), Renter must submit dated photographs or video to Guardian Rentals documenting the equipment’s condition at the time of return. Failure to provide such documentation constitutes a waiver of any right to dispute damage findings made during Guardian Rentals’ subsequent inspection.

7.4. Damage Assessment & Administrative Charges

Guardian Rentals will assess damage charges including:

  • Actual repair costs at fair market labor rates using manufacturer-approved or OEM parts.
  • Downtime charges at the standard daily rental rate for each day the equipment is unavailable for rental due to repair.
  • Administrative charges for processing the damage/loss claim ($50 per incident).
  • Diminished value of equipment following repair.
  • Full replacement value at current market prices if equipment is declared a total loss or cannot be recovered.

Guardian Rentals will provide a written damage estimate within ten (10) business days of return. Renter may submit one competing estimate within five (5) business days of receiving Guardian Rentals’ estimate. Guardian Rentals may proceed with its chosen repair provider.

7.5. Total Loss & Theft

If equipment is stolen, destroyed, or otherwise unrecoverable, Renter is responsible for the full current market replacement value. In the event of theft, Renter must: (i) file a police report immediately upon discovery; (ii) provide Guardian Rentals with a copy of the police report within 24 hours; (iii) fully cooperate with Guardian Rentals’ investigation. Failure to file a police report or cooperate with the investigation may result in Renter being held liable for the full replacement value without any reduction or credit.

7.6. Rollover / Capsize — Special Provision

Renter acknowledges rollover is a known risk in the operation of excavators, skid steers, and off-road vehicles including the Polaris RZR. Rollover damage, regardless of cause or operator experience, is Renter’s sole financial responsibility and is not covered by any optional damage waiver. Renter is responsible for all machine recovery, structural repair, and component replacement costs arising from rollover.

7.7. Optional Damage Waiver

Guardian Rentals may offer an optional Damage Waiver at the daily fee disclosed at rental. If purchased, the Damage Waiver reduces Renter’s damage liability to the stated deductible for covered incidents only. The Damage Waiver does NOT cover: intentional damage; gross negligence; rollover/tip-over; damage from prohibited uses (Section 5.4); theft where Renter failed to use provided locks; damage to third-party property; use by unauthorized operators; use outside the approved geographic area. THE DAMAGE WAIVER IS NOT INSURANCE AND GUARDIAN RENTALS IS NOT AN INSURANCE PROVIDER.

 

SECTION 8 — LIMITATION OF LIABILITY & INDEMNIFICATION

8.1. Guardian Rentals’ Limitation of Liability

GUARDIAN RENTALS’ MAXIMUM LIABILITY TO RENTER SHALL NOT EXCEED THE TOTAL RENTAL FEES PAID BY RENTER FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM. GUARDIAN RENTALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA.

8.2. No Warranties

Guardian Rentals provides equipment “as is” and makes no representations or warranties of any kind, express or implied, including any warranty of merchantability, durability, fitness for a particular purpose, or fitness for Renter’s specific application. No representative of Guardian Rentals is authorized to make any promise, warranty, or representation beyond those set forth in this Agreement.

8.3. Indemnification

Except as otherwise provided by law, Renter hereby indemnifies, defends, and holds harmless Guardian Rentals, its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or resulting from: (i) Renter’s use, misuse, or operation of equipment; (ii) any injury to persons or property caused by Renter or any operator during the rental period; (iii) Renter’s violation of any term of this Agreement; (iv) any traffic citations or legal violations during the rental period; or (v) Renter’s failure to comply with applicable law or operator certification requirements. Renter’s indemnification obligation shall survive expiration or termination of this Agreement.

8.4. Renter’s Personal Insurance — Primary

Renter is solely responsible for maintaining adequate personal, commercial, or vehicle liability insurance covering the use of rented equipment. Renter’s insurance is primary. Guardian Rentals does not provide liability insurance for Renter’s acts or omissions. Renter agrees to provide proof of insurance upon Guardian Rentals’ request for any rental valued over $500/day.

 

SECTION 9 — BREAKDOWN, ACCIDENTS & INCIDENT PROCEDURES

9.1. Equipment Malfunction — Not Renter’s Fault

If equipment malfunctions through no fault of Renter, Renter must: (i) stop operation immediately; (ii) contact Guardian Rentals at the emergency number provided; (iii) not attempt any repair or modification; (iv) not continue operating equipment showing warning lights or error codes. Guardian Rentals will make commercially reasonable efforts to repair or replace the equipment. Rental fees for documented mechanical downtime not caused by Renter may be prorated at Guardian Rentals’ sole discretion.

9.2. Accidents & Incidents — Mandatory Reporting

In the event of any accident, collision, rollover, or incident causing damage to the equipment or third-party property, Renter must:

  • Ensure safety of all parties; call 911 if required.
  • Contact Guardian Rentals within one (1) hour of the incident at the number provided.
  • Obtain names, contact information, driver’s license numbers, and insurance information of all involved parties.
  • Take dated photographs of the scene, equipment damage, and all relevant surroundings.
  • File a police report if any third-party damage, injury, or theft occurred.
  • Complete and deliver to Guardian Rentals a written incident report within 24 hours.
  • Cooperate fully and promptly with Guardian Rentals’ investigation, including delivering copies of all related documents.

Failure to report an incident as required voids all damage waiver protections and may constitute a material breach of this Agreement.

9.3. Renter-Caused Breakdowns

Breakdowns resulting from Renter misuse, neglect, or prohibited use — including but not limited to running equipment out of fuel or DEF, overheating due to continued operation after warnings, overloading, using incorrect fuel, or operating on unsuitable terrain — are Renter’s sole financial responsibility. Renter will be charged for all towing, recovery, transport, and repair costs associated with Renter-caused breakdowns.

 

SECTION 10 — EQUIPMENT-SPECIFIC TERMS

10.1. Trailers — All Types

  • Renter warrants the tow vehicle has a tow rating equal to or exceeding the fully loaded trailer GVWR, the correct hitch ball size (1-7/8″, 2″, or 2-5/16″ as applicable), and a functioning trailer wiring harness. For gooseneck trailers: a properly rated gooseneck ball/5th-wheel is required.
  • Trailers must not be loaded beyond their rated payload capacity (see VIN placard). Overloading is a breach of this Agreement and a violation of Utah law.
  • Trailers must be returned swept clean, with all lights operational, tires properly inflated, and all accessories present. Dump trailer beds must be empty and lowered. Standard cleaning fee: $35.
  • Enclosed trailers must be returned free of all personal property. Guardian Rentals is not responsible for any property left in or on returned equipment.

10.2. Heavy Equipment — Excavators & Skid Steers

  • Renter must contact Blue Stakes of Utah (dial 811) at least two (2) business days before any excavation. Renter is solely responsible for all damage to underground utilities.
  • Renter shall not operate tracked equipment on concrete, asphalt, or abrasive surfaces for extended periods without prior written approval. Excessive track wear from unapproved surfaces will be charged to Renter.
  • Equipment must not be transported with tracks moving while on a trailer.
  • All included attachments (hydraulic thumb, buckets, couplers) must be returned. Missing or damaged attachments will be charged at current market replacement rates.

10.3. Polaris RZR — OHV

  • All drivers must present a valid Utah OHV Safety Education Certificate before the vehicle is released. No exceptions.
  • Maximum four (4) occupants. All occupants must wear DOT-certified helmets (provided) and seat belts at all times while in motion.
  • Approved operating areas: Five Mile Pass OHV and other designated OHV/BLM trail systems in Utah only.
  • Required fuel: premium unleaded 91 octane minimum. $50 refueling service fee plus fuel cost if returned below pickup level.
  • Prohibited: jumping, stunt riding, water crossings beyond axle depth, alcohol or drug use, public road use unless street-registered, more than four passengers.

10.4. Cargo Van — ProMaster 2500 Diesel

  • Fuel: ultra-low sulfur diesel only. Gasoline in diesel tank = full engine replacement at Renter’s expense.
  • Renter must monitor DEF (Diesel Exhaust Fluid) level. Contact Guardian Rentals immediately if DEF warning light activates. DEF depletion damage is Renter’s responsibility.
  • No smoking, vaping, or cannabis inside the vehicle. $150 deodorization fee if violated.
  • Towing with the van is permitted only for Guardian Rentals trailers specifically listed in Section 2 of this Agreement.
  • Only the named Renter and additional authorized operators listed in Section 5.2 may drive the van.

10.5. Power Tools, Generators & Compressors

  • Generators: run on gasoline only unless dual-fuel. Never operate indoors or in enclosed spaces — carbon monoxide hazard. Customer Safety and Operation Guide must be read before use.
  • Pressure washers: never run pump without water flow; use correct nozzle tip for surface type; return with nozzle set complete.
  • Air compressors: check oil before each use; drain moisture from tank after each use; never exceed rated PSI; 240V units require proper outlet — do not use extension cords.
  • All included accessories (hoses, nozzles, tips, attachments) must be returned. Missing accessories charged at replacement cost.

 

SECTION 11 — TELEMATICS, GPS TRACKING & MONITORING

Renter acknowledges and consents to the following: all or some of the equipment rented under this Agreement may be equipped with a telematics device, GPS tracker, or similar technology. Guardian Rentals uses such devices to:

  • Monitor the location of equipment at all times during the rental period.
  • Track fuel consumption, engine hours, mileage, and system status.
  • Locate lost or stolen equipment.
  • Verify compliance with geographic restrictions and permitted use terms.
  • Enforce the terms of this Agreement.

Renter must not tamper with, disable, cover, remove, or interfere with any telematics or GPS device. Tampering with a tracking device constitutes a material breach of this Agreement, voids all damage protections, forfeits the security deposit, and may be reported to law enforcement. Any damage to or removal of a telematics device will be charged to Renter at full replacement cost.

Guardian Rentals may share telematics data with law enforcement, insurance providers, or other parties as required by law or to protect its rights and property.

 

SECTION 12 — GENERAL LEGAL PROVISIONS

12.1. Governing Law

This Agreement is governed by the laws of the State of Utah. Any dispute shall be subject to the exclusive jurisdiction of the courts of Utah County, Utah.

12.2. Dispute Resolution & Attorney’s Fees

Disputes not resolved informally within thirty (30) days shall be resolved by binding arbitration administered by the American Arbitration Association in Utah County, Utah. The prevailing party is entitled to recover reasonable attorney’s fees and costs. Renter waives the right to bring any class action against Guardian Rentals.

12.3. Independent Contractor Status

The relationship between Guardian Rentals and Renter is that of independent contracting parties. Renter is not the agent or authorized representative of Guardian Rentals for any purpose.

12.4. Notices

Guardian Rentals may elect to send notices to Renter by any means including email, text message, or mail to the address provided by Renter. Email and text notices are valid for all purposes under this Agreement.

12.5. Entire Agreement & Modification

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. No representative of Guardian Rentals is authorized to modify this Agreement except in writing signed by both parties.

12.6. Severability

If any provision of this Agreement is found invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable and the remaining provisions shall remain in full force.

12.7. Waiver & Assignment

Failure to enforce any provision is not a waiver of future enforcement. Renter may not assign this Agreement without Guardian Rentals’ prior written consent. Guardian Rentals may assign this Agreement to any successor entity.

 

SECTION 13 — RENTER ACKNOWLEDGMENTS & SIGNATURE

IMPORTANT — READ CAREFULLY. THIS IS A LEGALLY BINDING CONTRACT. BY SIGNING BELOW, YOU AGREE TO ALL TERMS.

 

By signing this Agreement, Renter acknowledges, represents, and agrees to ALL of the following:

  • I am 25 years of age or older and hold a valid government-issued driver’s license. I understand that Guardian Rentals does not rent to persons under 25 under any circumstances.
  • I have read and understand this entire Agreement including all sections and special equipment-specific terms.
  • I have inspected the equipment and confirm it is in the condition documented on the Pre-Rental Inspection Form.
  • I authorize Guardian Rentals to place a security deposit hold on my credit/debit card and to charge my card for all amounts owed under this Agreement, now or in the future, without additional authorization.
  • I agree not to initiate chargebacks or payment disputes for authorized charges under this Agreement.
  • I am fully responsible for all damage to equipment during the rental period regardless of fault or cause.
  • I have been offered an operating manual and/or safety guide for the equipment and have received or declined it.
  • I consent to GPS tracking and telematics monitoring of all rented equipment.
  • I consent to receive communications from Guardian Rentals via text and email regarding this rental.
  • I will use the equipment only for lawful purposes in accordance with this Agreement and manufacturer guidelines.
  • I understand that failure to return equipment may result in criminal prosecution under Utah law.
  • I have had adequate opportunity to review this Agreement and ask questions, and have received satisfactory answers.
  • This Agreement is legally binding on me, my heirs, assigns, and estate.