1. Term. The rental period (the “Term”) is described on the Invoice. If the Equipment is not returned to Company within twenty four (24) hours of the conclusion of the Term, late fees will be charged at a rate equivalent to the daily rental rate of the Equipment, as specified on the Invoice. The Term may be extended only upon written agreement between the Parties, in accordance with the terms of said extension.
2. Payment. The price for renting the Equipment (the “Price”) is described on the Invoice. Renter agrees to pay a deposit in the amount of 50% of the Price (the “Deposit”) immediately upon execution of this Agreement. The remaining amount of the Price must be paid to Company prior to the commencement of the Term. Any incidental charges incurred under this Agreement must be paid within seven (7) days of demand. If Renter fails to pay any amounts incurred under this Agreement, any unpaid amounts will bear interest at a rate of eight percent (8%) per annum. Renter agrees to pay all of Company’s costs of collection incurred in relation to the enforcement of this Agreement, including reasonable attorneys’ fees.
3. Cancellation. Renter may cancel this Agreement at any point prior to the
   commencement of the Term upon written notice to Company. If Renter cancels more than five (5) days prior to the commencement of the Term, Renter will be refunded half of the Deposit. If Renter cancels less than 5 days prior to the commencement of the Term, the Deposit will not be refunded.
4. Renter’s Covenants. Renter agrees to the following:
   1. The Equipment may only be used at the location described on the Invoice (the “Designated Location”).
   2. Renter is responsible for the safe and lawful operation of the Equipment;
   3. Unless otherwise specified on the Invoice, Renter must provide their own propane tank and fuel for the Equipment.
   4. Renter is responsible for preparing the Designated Location for delivery and pickup.
   5. Renter will use the Equipment in accordance with the manufacturer’s specifications, including, but not limited to, connection and disconnection of the Equipment. Control knobs must be off before lighting.
   6. Renter will use the Equipment outdoors, or in ventilated spaces only, and will keep flammable materials away from the heat sources of the Equipment;
   7. Renter will check the hoses and tubes of the Equipment for cracks, leaks, or blockages prior to use, and report any damage to the Company immediately upon discovery.
   8. Renter will not exceed the capacity of the Equipment.
   9. Renter will not use the Equipment for illegal purposes.
   10. Renter will not allow the Equipment to be used by any individual other than Renter, its employees or agents.
   11. Renter will not remove the Equipment from the Designated Location without the prior written consent of Company.
   12. Renter will protect the Equipment from weather, misuse, theft, or loss.
   13. Renter will obtain any license or permit required by any public or private body in order to operate the Equipment.
   14. Renter will provide adequate fire suppression for the Equipment, including, but not limited to, fire extinguishers and sprinklers.
   15. Renter will store all propane tanks upright, and away from heat sources, in ventilated areas. Propane tanks will not be stored in vehicles or enclosed spaces.
       
5. Additional Charges. The following situations may result in additional charges to Renter pursuant to this Agreement, and Renter agrees to pay the same upon demand:
   1. For rentals in which the Equipment will be delivered to or picked up from the Designated Location by Company, Renter agrees to pay Company a delivery or pickup fee according to the following schedule:
      1. Deliveries or pickups within a 15 mile radius of Company’s address as specified on the Invoice (the “Address”): Fifty dollars ($50.00) per trip.
      2. Deliveries or pickups within a 30 mile radius of the Address: Seventy five dollars ($75.00) per trip.
      3. Deliveries or pickups to/from a location outside a 30 mile radius of the Address will only be accepted upon execution of a special service agreement, with delivery and pickup costs quoted
         specifically within that agreement.
      4. For any delivery or pickup involving additional setup time, multiple pieces of equipment, difficult site access, or unusual travel conditions, Company reserves the right to adjust delivery fees, upon
         notice to Renter prior to scheduling.
   2. For rentals in which the Equipment will be delivered to the Designated
      Location by Company, Renter will provide a clean, level, and prepared
      location to install the Equipment. If installation of the Equipment takes
      more than thirty (30) minutes due to an inadequately prepared Designated Location, Renter agrees to pay Company installation fees in the amount of seventy five dollars ($75.00) per hour, rounded up to the next whole hour.
   3. Renter will dispose of used cooking oil in accordance with all relevant laws, statutes or ordinances. Company will not collect or dispose of cooking oil. If cooking oil is left in the Equipment, or undisposed at the Designated Location, Renter agrees to pay Company disposal fees in the amount of one hundred dollars ($100.00) per fryer;
   4. Renter will clean the Equipment after use, and before it is returned to
      Company. If Renter fails to clean the equipment in a manner satisfactory
      to Company, Renter agrees to pay Company cleaning fees of one hundred fifty dollars ($150.00) per smoker, and seventy five dollars ($75.00) per fryer.
   5. If the Equipment fails, or otherwise becomes unsafe for use, Renter agrees to immediately stop using the Equipment, and to notify the Company within one (1) hour of any such event. Company is not liable for damages or injuries related to equipment failure. If Company is required to service the
      Equipment during the Term, Renter will be charged an additional
      delivery/pickup fee according to the above schedule. In addition, if the
      Equipment failure was based on Renter’s negligence or misuse, Renter agrees to pay Company a service call fee in the amount of one hundred dollars ($100.00), in addition to any charges outlined in section 6 of this Article.
6. Breach. If Renter breaches any of the terms or Covenants set out in this
   Agreement, Renter agrees to pay any damages Company incurs as a result of said breach. Notwithstanding the foregoing, if the Equipment is lost, stolen, or damaged for any reason during the Term, Renter agrees to pay the cost to repair or replace the Equipment.
7. Disclaimer of warranties and liability. The Equipment is rented “as-is,” and
   Company disclaims all warranties related to the Equipment, whether express or
   implied. In addition, Company specifically disclaims any responsibility for underground damage or fire damage.
8. Assumption of the Risk and Indemnity. Renter assumes all risks related to the
   use of the Equipment, and agrees to release, indemnify, hold harmless, and defend Company, along with its Directors, Officers, Agents and Members, from all claims which may be brought against Company, its Directors, Officers, Agents, or Members, arising out of or resulting from this Agreement, or any use of the Equipment.

GENERAL PROVISIONS

1. Entire Agreement; Binding Agreement. This Agreement constitutes the entire agreement between the Parties, and supersedes any and all prior negotiations or agreements between the Parties relating to this Agreement. This Agreement may be modified only in writing and signed by all Parties.
2. Authority. The Parties represent to each other that they possess the full power and authority to enter into this Agreement.
3. Assignment; Successors. This Contract is personal in its nature and neither of the Parties hereto shall, without the consent of the other, assign or transfer this Contract or any rights or obligations hereunder.
4. No Third Party Beneficiaries. This Contract is for the benefit of the respective Parties only, and it is hereby stated that this Contract is not a contract in whole or in party, either expressly or impliedly, for the benefit of any other person, corporation or other entity, except as stated herein.
5. Governing Law, Jurisdiction and Venue. All procedural and substantive rights, liabilities and remedies of the parties to this Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any choice of law provision thereof. In the event any suit or legal action is commenced to enforce the terms of this Agreement, the Parties hereby expressly agree, consent and submit to the personal jurisdiction of the State Courts of Madison County, Alabama, with respect to such suit or legal action, and also expressly consent and submit to and agree that venue in any such suit or legal action is proper in said courts.
6. Multiple Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, and it shall constitute sufficient proof of this Agreement to present a copy, copies or facsimile signed by the Parties hereto.
7. Drafting. The Parties acknowledge agree that this Agreement shall not be
   construed in favor of, or against, any Party by reason of the extent to which a Party or its counsel participated in its drafting.
8. Severability. If any provision hereof is unenforceable or is held to be
   unenforceable, such provision shall be fully severable, and this Agreement and its terms shall be construed and enforced as if such unenforceable provision had never comprised a part of the Agreement. Under such circumstances, the remaining
   provisions of the Agreement shall remain in full force and effect, and the court
   construing the unenforceable provisions shall add to this Agreement and make a
   part hereof, in lieu of the unenforceable provision, a provision as similar in terms
   and effect to the unenforceable provision as may be enforceable.
9. Survival. Any and all agreements set forth in this Agreement, which by its or their nature, would reasonably be expected to be performed after the expiration or earlier termination of this Agreement shall survive and be enforceable after the expiration
   or earlier termination of this Agreement.
10. Construction; Miscellaneous. The recitals and introductory paragraphs are part of this agreement and shall be construed as such. The paragraph headings are for
    reference and convenience only and shall not be used nor otherwise affect the meaning or interpretation of this Agreement.
11. Use of Pronouns. The use of the neuter singular pronoun to refer to the Parties
    described in this Contract shall be deemed a proper reference even though the Parties may be an individual, a partnership, a corporation, an LLC, or group of two or more individuals, partnerships, corporations or LLCs. The necessary grammatical changes required to make the provisions of this Contract apply in the plural sense where there is more than one Party to this Contract, and to either corporations, LLCs, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed. 
12. No Waiver. Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times.