TERMS & CONDITIONS

Boujee Potty, LLC (hereinafter “Boujee Potty”), hereby agrees to lease to CLIENT NAME (hereinafter “client”) the equipment described on the face of this agreement or in attached schedules per the following agreement made and entered into on the date last written below:

1. DELIVERY/PICK-UP – All fees are based on delivery per trailer and charged by the geographic location. Responsibility for equipment remains with the client from the time of delivery to the time of pick-up. If client is not available upon delivery, it is assumed that the trailer(s) was (were) delivered in good order and correctly, and therefore client is responsible for all damage to said trailer(s). Delivery and pick-up times are subject to change notice, delivery and pick-up dates and times are not guaranteed, but every effort will be made to deliver within specified delivery window. Traffic accidents, acts of god, snow, sleet, downed trees or power lines, can all influence delivery windows.

2. WASTE – Client grants Boujee Potty the exclusive right to collect and dispose of the waste resulting from use of the restroom trailer(s). Unless otherwise specified, the rental shall include one pump-out at the completion of the event and prior to trailer removal. Subsequent pump-outs will be provided at an additional cost to the Client. Client warrants that any waste in the trailer(s) disposed of by Boujee Potty will not contain any hazardous substances as defined by applicable federal, state, and local laws or regulations. Restroom trailer(s) will not be overloaded. Weekend pump-outs are subject to crew availability, and could be assessed an additional fee. Trailer must be pumped prior to leaving site.

3. ACCESSWAY DAMAGE – Client asserts accessway is sufficient for purpose. Boujee Potty shall not be responsible for damage to any driveway, accessway, or grounds area resulting from Boujee Potty’s activity of vehicles while delivering, servicing, or picking up trailer(s) or equipment.

4. TEN FOOT SAFETY ZONE – Boujee Potty shall not be responsible for damage to any structure, building, wall, fence, or equipment resulting from Boujee Potty’s activity or vehicles while delivering, servicing, or picking up restroom trailer(s); that is located within the access way to and from the trailer and within a 10ft safety zone around trailer(s).

5. DAMAGE – Unless noted on delivery inventory list by client, all items and equipment are assumed to be in good order and free of damage upon delivery. For items that are damaged, stained, or in otherwise non-original condition, Client will be charged all associated cleaning and/or shop fees to return said items to original condition. For items that are beyond repair Client will be charged replacement fee. Replacement fee of restroom trailer can approach $40,000. Should damage occur to restroom trailer and/or rental equipment during rental that would prohibit future rentals for the 2024 year, then Client is responsible for reimbursement to Boujee Potty for lost income, or is responsible for the rental fee for a replacement trailer, for the period the trailer and/or rental equipment would be under repair or out of commission. *SMOKING in trailers is considered damage.

6. INDEMNIFICATION & DEFENSE – Client assumes liability for, and shall indemnify, defend and hold harmless Boujee Potty, its agents, employees, officers, and assigns from and against, any and all liabilities, obligations, losses, demands, damages, injuries (including, but not limited to bodily injury, illness and death), claims, penalties, suits, actions, costs, and expenses, including attorneys fee, of whatsoever kind and nature, relating to or arising out of the use, condition (including Boujee Potty), operation ownership, selection, delivery, leasing, or return of equipment, regardless of wear, how, and by whom operated, or any failure on the part of the client to perform or comply with the condition of this lease. Without limiting the generality of forgoing, client shall, at its own cost and expense, defend Boujee Potty against all claims, suits or proceedings commenced by anyone in which Boujee Potty is named as a party for which Boujee Potty is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Boujee Potty, and client shall be liable and responsible for all costs, expenses, and attorney’s fees incurred in the defense and/or settlement, judgement, or other resolution thereof. In the event any such is commenced naming Boujee Potty as a party, Boujee Potty may, in its sole discretion, elect to defend said action on its own behalf with counsel of its choice, and client shall be liable for and reimburse client for all costs, expenses, and attorneys fees incurred by Boujee Potty in such defense. This contract will be governed pursuant to the laws of the State of Virginia. Boujee Potty maximum liability in any case shall be equal to the rental order value.

7. ADDITIONAL CHARGES – Additional charges may apply if: (1) The drop site is not ready or accessible when the crew arrives. (2) Rented equipment is not ready for prearranged pick-up. (3) Delivery or pick-up is from any location other than that agreed. (4) Customer requires deliveries or pick-ups before or after normal business hours. (5) The site requires weather-related installation. (6) The site does not have a ¾ inch city water (garden hose) hookup and two 20 amp circuits within 100 feet of trailer (generator can be provided by Boujee Potty). (7) Excessive cleaning is required (cleaning of vomit or waste outside of toilets, clogs by feminine hygiene products, smoking). (8) The trailer is used for anything other than its intended purpose. (9) Power is turned off in freezing temperatures resulting in burst plumbing. (10) Generators rented from Boujee Potty and used to power trailers or other equipment are run longer than 8 hour period (charged per full hour after 8 hours) or are allowed to run out of fuel. (11) Boujee Potty standard labor rate is $50/hr + $2 per mile on trucks. (12) Tires damaged as a result of previous or current “sparkler sendoff”, spent sparklers left on the ground and/or road. (13) 10% date change fee (if available).

8. AGREEMENT – This Agreement assumes good faith on the part of both the Client and Boujee Potty to deliver and complete all work as described above. Any amendment to this Agreement must be made in writing and agreed to by both parties.

9. CANCELLATION / POSTPONEMENT – 30 days written notice is required for cancellation or postponement. Client agrees that cancellation will result in loss of deposit. Once equipment is accepted for delivery we cannot refund any portion. Maximum refund or liability in any sense for Boujee Potty shall be the maximum of contract value. Client acknowledges postponement is restricted to availability, accepts that risk, and is willing to pay a date change fee should they opt to do so or the need to do so should arise.

10. PAYMENT – Payment in full is due ten days prior to an event.

11. GENERATOR SPECIFIC – Client acknowledges that generator failure, while extremely unlikely, is possible and it is the recommendation of Boujee Potty to rent a backup generator as a precaution. It is the responsibility of the client to ensure that the generator is turned off at the end of your event. Generators left running overnight or following an event will contribute hours to the run time and will be charged accordingly.

12. I HAVE READ AND AGREE TO THE ABOVE TERMS & CONDITIONS AND ACKNOWLEDGE RECEIPT. THIS CONTRACT IS VALID FOR ALL RENTALS PURCHASED BY THIS CLIENT.