Dumpster Rental Memphis | Rolloff Operations

(901) 504-5333 I info@rolloffops.com

Dumpster Rental Agreement

This Dumpster Rental Agreement (“Agreement”) is made as of this date, (invoice date), by and

between Roll Off Operations LLC(“Company”), having its principal place of business in Shelby

County within the city limits of Arlington, Tennessee, and (customer name: on invoice)

representing the property at (address: on invoice), (“Customer”).

Defined Terms for Dumpster Rental Agreement

Company= Roll Off Operations LLC Customer= first and last name of customer

Company and Customer also may be individually referred to as “Party”, and collectively as

“Parties.”

1. Equipment Rental. (a) Customer certifies that he or she is either the property owner,

has power of attorney for the property owner, or is the licensed contractor/broker for the

property. Customer may not sublet the dumpster for any reason. Customer is responsible for

damages/loss of dumpster during rental possession at Customer address. Customer agrees to

pay cost for repair/replacement of dumpster if any such damage/loss occurs. Customer agrees

NOT to use equipment to Load, Compact, or Move the dumpster. Customer is NOT responsible

for normal wear and tear of dumpster. It is the responsibility of the parties listed in this

agreement to document the condition of the dumpster before and after the rental period.

(b) Price. Customer agrees to rent a dumpster from Company according to the price and

fees set forth at the time of rental and INCLUDES ONE, 1 Ton dump (2,000lbs disposal) per

dumpster. If Customer exceeds the included 1 Ton dump per dumpster, Customer hereby

agrees to pay an additional weight overage fee at the rate of $95 per Ton per dumpster. The

Company will document weight overage and a picture of overage and new invoice will be

provided to the Customer’s email. Any additional fees to Customer for exceeding the included 1

Ton dump per dumpster will be charged to the Customer’s stored Credit/Debit card as agreed in

otherwise granted by Company.

rental deposit payment via Customer’s Credit/Debit card to reserve Customer’s rental date.

Payment of rental invoice, less the initial $40 rental deposit, must be paid in full at/before drop

off of dumpster. The rental period begins the day the dumpster is dropped off, after rental

deposit and remaining rental invoice balance has been made by Customer. Customer consents

and allows Company to store Credit/Debit card information until the Customer account is at a

zero balance. Company is required to remove the stored (unseen) Credit/Debit card info from

Customer profile when Customer Account is at a zero balance after disposal. Company will

store Credit/Debit card for Customers who have reoccurring invoice balance. Customer agrees

to pay ALL costs and fees including but not limited to the costs and fees listed in this rental

agreement. Company will NOT refund $40 rental deposit under any circumstance including

rental cancellation. Company reserves the right to refuse a requested Customer refund should

the Customer violate any of the agreements established by both parties as listed in thisDumpster Rental Agreement. Customer is allowed refund on fully paid invoices ONLY if

requested before the rental period begins. Late Cancellation fee of $50 will be required if

Customer cancels on the requested rental day. If Customer refuses payment of rental deposit,

rental invoice, weight overage fee, and all other fees listed in this agreement, the Customer will

Forfeit the dumpster rental and is in violation of breaking the rental agreement. Company

reserves right to hold Customer liable for any balance owed to Company. If such occurs,

Customer is subject to Property Lien, Collections, and other legalities.

(d) Weight Limit. Customer agrees to restrict tonnage to a maximum of 4 tons (8,000lbs

disposal) or under. Any weight over the included 1 Ton dump per dumpster will be subject to an

overage fee as agreed in (b) Price listed above. Company will visually inspect dumpster at time

of removal at the end of the final rental period. Company reserves the right to refuse removal if

Company has deemed the Customer has exceeded the agreed maximum 4 ton weight limit.

Customer will be subject to additional fees and charged a $75 dry run fee if Company refuses

removal of dumpster for violating maximum 4 Ton weight limit agreement. The Customer

agrees to remove the contents of the Dumpster and bring it back to weight limit compliance set

forth by the Company in this Rental Agreement.

(e) Placement of Dumpster. Customer warrants and represents that any location

provided by Customer for the dumpster is sufficient to bear the weight and size of the dumpster

and any vehicle required to transport the dumpster. Company shall not be responsible for any

damage to pavement, driveway, or any other road surface material, lawns, fences, shrubbery,

septic system, private well, or any other form of property damage. Every effort will be made by

Company to prevent property damage. Company has the right to refuse dumpster placement if

they feel damage may occur. Company will drop the dumpster as close to the Customer’s

desired location as possible with accessibility for pick up in mind.

(f) Company Accessibility. Customer agrees to provide unobstructed access to the

dumpster on the day it is to be picked up. If the dumpster is inaccessible, Customer shall be

charged $75 dry run fee and subject to additional rental time at the rate of $100 per day.

2. Content Regulations. (a) Customer is fully responsible for the entire contents of the

dumpster and is the rightful owner of the dumpster’s contents until the Company dumps and the

contents are accepted by the prospective disposal facility.

(b) Hazardous and Unacceptable Material Prohibited. Non-Hazardous Solid Waste Only

accepted in dumpster. Customer agrees not to put any waste that is liquid, or any waste that is,

or contains, radioactive, volatile, corrosive, highly flammable, explosive, biomedical,

biohazardous, infectious, toxic, and/or any hazardous wastes or substances (“Prohibited

Waste”) into dumpster. Prohibited Waste includes, but is not limited to, tires, paint, batteries,

paint cans, ashes, oil, vehicle parts, sewage sludge, appliances, electronics, air conditioners,

any material containing freon, gasoline, antifreeze, etc.

Customer warrants and represents that the dumpster will not contain any hazardous

materials and acknowledges that the disposal of such hazardous materials is strictly prohibited.

For purposes of this Agreement, “hazardous materials shall mean any waste which is listed, has

the characteristics of, or is otherwise identified as hazardous waste or subject waste under

applicable state or federal laws or regulations, including but not limited to the Resource

Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated

thereunder). “Unacceptable material” shall mean any non-hazardous waste which is notpermitted to be processed at a facility under applicable laws or permits, source, special nuclear

or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations

thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by

Customer which is not approved by Company.

If Customer has any questions about whether a particular material is considered

hazardous, please call the Company before disposing of the material in the dumpster.

Violations of Materials placed in dumpster will be documented by Company and the

Customer will be responsible for any and all fees per item. Examples include but not limited to

$25 per tire, $25 per appliance/electronic, $50 per battery, $100 per liquid container, etc.

Heavy loads such as roofing shingles, concrete, drywall, tile, rock, soil, dirt, etc. are ONLY

ALLOWED by Company when the Customer specifically notifies the Company about above

material disposal at the time a rental request is made to Company. The Company will refuse

the pickup and removal of these materials if the Customer does not properly notify the Company

prior to rental request. The Company will only accept these materials in a specified amount and

manner as deemed by Company at request of the Customer. Please ask the Company the

rules and regulations when inquiring removal of above materials.

(d) Required for Pickup. Debris may NOT extend above the top rim of the dumpster.

The tarp MUST be able to roll completely over the top WITHOUT OBSTRUCTION. The end

doors MUST be CLOSED and secured before it can be removed. Overfilled or unprepared

containers will be brought into compliance at Customer’s expense at a minimum of $50 per

dumpster. Company reserves the right to refuse removal if Customer has overloaded dumpster

in a manner the Company deems as “extreme.” If Company refuses removal of dumpster,

Customer shall be charged $75 dry run fee and subject to additional rental time at the rate of

$100 per day.

Dumpsters must NOT be moved by the customer at no point and time before, during, or

after the rental. If a dumpster is needed to be moved, Customer must call Company and a dry

run will be charged to have a truck respond and move.

(e) Consequences of Violating Regulations. In the event that contents not allowed by

this contract/agreement or any Federal, State, or City agency are disposed of, all costs, fines,

penalties, or other actions taken for said disposal, the Customer is fully responsible for any and

all associated charges. Costs may include but not be limited to cleanup, monitoring, legal fees,

penalties, or any other charges associated with unauthorized material disposal. Materials may

be returned to the Customer at the Customer’s expense.

3. Permits, Approval, and Fees. Customer shall be responsible for obtaining all

necessary permits and approvals and paying all fees that may be incurred in conjunction

therewith.

4. Indemnification. Customer agrees to indemnify and hold harmless Company from,

against, and in respect to any and all claims, losses, expenses, damages, obligations and

liabilities (including costs of collection and reasonable attorney’s fees) of any kind or nature

whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any

representation, warranty, covenant or agreement of or by Customer in this Agreement. This

provision shall survive the termination of this Agreement.

5. Entire Agreement. This Agreement contains the entire agreement between the

Parties and supersedes all prior agreements and understanding, oral or written, between theParties with respect to the subject matter hereof. No representation, inducement, promise,

understanding, condition or warranty not set forth herein has been made or relied upon by either

Party hereto.

6. Amendment. This Agreement may be modified only by an agreement in writing

signed by the Parties hereto.

7. Governing Law. This Agreement shall be construed and enforced in accordance with

the laws of the State of Tennessee, without regard to the conflicts of law rules of such state.

8. Severability. Customer agrees that each provision contained in this Agreement shall

be treated as a separate and independent clause, and the unenforceability of any one clause

shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or

more of the provisions or parts thereof contained in this Agreement shall for any reason be held

to be excessively broad as to scope, activity or subject so as to be unenforceable at all, such

provision or parts or provisions shall be construed by the appropriate judicial body by limiting

and reducing it or them, so as to be enforceable to the extent compatible with the then

applicable law.

9. Waiver. A waiver of any claim, demand or right based on the breach of any provision

of this Agreement shall not be construed as a waiver of any other claim, demand or right based

on a subsequent breach of the same or any other provision.

10. Notice. Any notice required or permitted to be given under this Agreement shall be

sufficient only if in writing and if sent by United States mail, certified, return receipt requested,

postage prepaid, to the Parties at the addresses set forth in the first paragraph of this

Agreement.

IN WITNESS WHEREOF, the Parties have hereto executed this Agreement as of the

date first above written.

COMPANY: CUSTOMER:

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