Rental Shield

RENTAL SHIELD PLAN (“RSP”) AGREEMENT THE FOLLOWING STANDARD TERMS AND CONDITIONS APPLY TO ALL RENTAL SHIELD PLANS PROVIDED TO CUSTOMERS OF J.T. BATES HOLDINGS, LLC (ALSO REFERRED TO HEREIN AS “J.T. BATES,” “WE,” “US” AND “OUR”) You, the “Customer” or “Lessee,” intend to rent one or more item(s) of personal property (hereinafter, “Rented Item(s)”) from the dealer’s name listed on the certificate of insurance attached to this account (“Lessor”) under the terms of the Lessor’s Rental Contract. Among other things, the subject Rental Contract provides, and you hereby acknowledge that, if any Rented Item(s) is/are damaged or destroyed during your rental, you will be responsible for all associated costs and expenses, including without limitation, all repair and replacement costs. If: (a) we make our Optional Rental Shield Plan (“RSP”) available; J.T. Bates will indemnify you for the cost(s) of repairing or, if deemed necessary by J.T. Bates, replacing the subject Rented Item(s) if and to the extent covered by RSP (hereinafter, “Covered Item(s)”) as provided in your RSP Invoice, subject to the remaining terms of this Agreement. If RSP has been offered by J.T. Bates and you have paid the Non-Refundable RSP Premium and deductible set forth herein for the applicable rental period, then subject to the remaining terms hereof, including without limitation the “Exceptions and Exclusions” set forth below, J.T. Bates will cover the direct cost(s) to repair or replace Covered Item(s) (hereinafter, “Repair/Replacement Costs) which suffer physical damage during the initial (un-extended) rental term set forth in the applicable Rental Contract (the “Term”); provided however, that, for each Term (and for each and every extension thereof approved by J.T. Bates): (a) you will remain liable for a “deductible” equal to $1000.00 if the equipment is valued under $25,000.00 or $2,500.00 if the equipment is valued over $25,000.00 (per item, per occurrence) If the loss is associated with land clearing the deductible will be $5,000.00; (b) you must notify J.T. Bates in writing of any accident, theft, loss or damage of or to Covered Item(s) within 48 hours thereafter; (c) you must provide J.T. Bates with documentary evidence of the nature and cause(s) thereof; (d) you must immediately cease use of the subject Covered Item(s) pending completion of our investigation and provision of recommendations after our receipt of the notice described in RSP provides coverage only for physical damage to Covered Item(s). RSP does not provide liability coverage, nor does it cover other types of injuries (such as personal and/or bodily injuries), damage(s) (e.g., non-physical losses, such as data losses) and/or cost(s), such as cleaning, maintenance, excessive wear and tear and/or loss of or damage to other (non-covered) item(s), including without limitation intellectual property (“I.P.”), nor does it cover any Item(s) subject to one or more of the following Exceptions and Exclusions: Limits, Exceptions and Exclusions: Our RSP Plan is a “named peril” plan which covers only the following specified perils: collision, overturning, flood, fire, vandalism and theft (up to, but not exceeding, the actual cash value “ACV” of the Covered Item(s)), subject to the following limits, exceptions and exclusions. As supplemented by the aforementioned Policy Document(s), the following are NOT COVERED by RSP, and you will remain 100% liable for: (a) Item(s) Not Covered unless loss is in direct result of a covered peril: (I) GPS and telematics systems, I.P., data, batteries, glass, tires, tubes, tracks, belts, fittings, chains, knobs, cords, cables, tanks, hoses and other accessories in or on any Rented Item(s); and (II) any Rented Item(s) with respect to which you do not pay the non-refundable RSP Premium and deductible prior to commencement of your rental for each “rental period” (i.e., the initial Term and each and every extension thereof, if any, approved by J.T. Bates), unless otherwise agreed in writing by J.T. Bates; (b) Deductible: The “deductible” described above (Note: Without limiting any other terms or conditions of this Agreement, if you fail to promptly pay the deductible, RSP will be void, and you will be responsible for 100% of any damage to Item(s) that would otherwise have been covered by RSP); (c) Excess Claims: Claims exceeding the ACV (actual cash value) of the subject Covered Item(s) (Note: The ACV limit applies regardless of the estimated value of the Covered Item(s) and/or stated coverage limit; RSP will not pay more than the ACV of the lost or damaged Covered Item(s) in any case); (d) Violations / Breaches: Loss of or damage to Covered Item(s) due to violation by you, your agents, employees or contractors, of any of the terms of your Rental Contract, this Agreement, any applicable laws, rules, regulations, policy(ies) of insurance, and/or any instructions, specifications, recommendations and/or warnings made available by the Lessor and/or the manufacturer(s) of the Rented Item(s) (including without limitation, EPA Tier 4, cleaning, servicing, maintenance, repair and contamination regulations and requirements); (e) Misuse, Abuse, Neglect: Loss of or damage to Covered Item(s) due to intentional abuse, improper use, negligence, willful misconduct, vandalism, neglect, submerging, overloading, striking overhead objects, and/or exceeding the rated capacity(ies) of such Item(s); (f) Failure to Return / Criminal Activities: Any failure to timely return Covered Item(s) to the Lessor, including without limitation, loss, theft and disappearance, in whole or in part (including any theft(s) of engines, components, parts and/or attachments), unless: (I) a result of documented third-party theft; and (II) within 48 hours thereafter, you: (A) complete and file with the local police or other applicable law enforcement office a valid police/law enforcement report documenting the subject theft; and (B) notify the Lessor and J.T. Bates in writing; (g) Maintenance Failures: Damage to Covered Item(s) resulting from any failure to properly service and/or maintain such Covered Item(s), including without limitation, failure to maintain proper pressure levels or proper levels of air, water, or manufacturer-approved oil, fuel, lubricants, and/or fluids (including without limitation, hydraulic fluid, diesel exhaust fluid, brake fluid and/or coolant); (h) Protection / Security: Loss of or damage to any Covered Item due to failure to secure and/or protect it (e.g., by leaving it in an unprotected area, leaving it unlocked, etc.); (i) Governmental Authority / War / Terrorism: Damage to or loss of or to any Covered Item resulting from or in connection with: (I) action(s) or inaction(s) of any governmental or other civil authority; and/or (II) civil insurrection, act(s) of war and/or terrorism; (j) Transportation: Damage or loss of or to any Covered Item during transportation; (k) Excessive Wear and Tear: Wear and tear beyond that considered normal within the industry, as determined by J.T. Bates and the Lessor; (l) Use of Drugs / Alcohol: Damage or loss of or to any Covered Item resulting from or in connection with the use of alcohol or drugs (including without limitation, CANNABIS, even if legalized) by you or anyone employed or engaged by you, or anyone you permit to use or otherwise deal with any Rented Item(s); (m) Electric Current: Damage caused by electric current (including without limitation, power surges and use of non-utility generated power); (n) Hazmat / Contamination: Loss of or damage to any Covered Item resulting from: (I) its exposure to hazardous, explosive, combustible, radioactive, toxic, corrosive or noxious materials or substances; (II) nuclear hazard; (III) temperature/humidity; and/or (IV) contamination, including mold, mildew, rust, rot and/or exposure to pollutants and/or contaminants; and (o) Third Parties / Sublessees: Any Item(s) damaged while being used, operated, occupied or otherwise dealt with by any unauthorized party(ies) (i.e., parties not specifically identified on your Rental Contract or RSP Invoice as “authorized users,” including without limitation, unauthorized [by Lessor] borrowers, sublessees and assignees). For the sake of clarity, this Agreement does not modify or supersede your Rental Contract. Your Rental Contract remains valid and in full force and effect. Instead, this Agreement provides you coverage for certain costs associated with damage to or destruction of Covered Item(s) as provided above, for which you would otherwise be liable under the subject Rental Contract. This Agreement shall not bind or be enforceable against J.T. Bates unless and until it is accepted and duly executed by an authorized representative of J.T. Bates Holdings, LLC. Any and all claims and/or disputes between Customer / Lessee / Insured and J.T. Bates arising from or related to this Agreement and/or its subject matter shall be settled by mediation and, if necessary, legally binding arbitration before a single arbitrator selected by J.T. Bates in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (complete text of the Rules is available at www.iccpeace.com/rules or by contacting ICC PEACE at info@iccpeace.com or calling 844-707-3223). Judgment upon an arbitration decision may be entered in any court of competent jurisdiction. The parties understand that the mechanism for resolving claims and disputes set forth in this paragraph shall be the sole and exclusive remedy for any and all controversy(ies) or claim(s) arising out of or related to this Agreement and/or its subject matter, and expressly waive their right to file a lawsuit in any civil court against one another with respect to any such disputes, except to enforce an arbitration decision as provided herein. EACH PARTY VOLUNTARILY WAIVES ITS RIGHT TO TRIAL BY JURY. IMPORTANT: THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. RSP DOES NOT BENEFIT ANYONE OTHER THAN YOU, THE “CUSTOMER” OR “LESSEE” (THIRD-PARTIES SUCH AS BORROWERS, SUBLESSEES, REAL PROPERTY OWNERS, OTHER INSURERS, CONTRACTORS, INVITEES, AND OTHERS SHALL HAVE NO RIGHTS HEREUNDER). J.T. BATES, THE LESSOR AND, AS APPLICABLE, THEIR RESPECTIVE UNDERWRITER(S), CO-INSURERS AND RE-INSURERS RETAIN ALL RIGHTS OF SUBROGATION, INCLUDING WITHOUT LIMITATION, THE RIGHT TO PURSUE RECOVERIES FROM ANY ONE OR MORE THIRD PARTIES (INCLUDING YOUR INSURER(S)) FOR ALL DAMAGES TO COVERED ITEM(S). NO RSP COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH YOU DO NOT FULLY AND TIMELY PAY THE APPLICABLE RSP PREMIUM.

I acknowledge that I am responsible for providing pictures of the rented equipment prior to use. I further acknowledge that coverage will be cancelled if pictures are not received prior to use. I am also acknowledging the intent of this policy is to cover “accidental” physical loss or damage. Loss or damage to covered property while in “transit” is not covered. However, we do provide coverage while equipment is being loaded or unloaded onto a transporting conveyance. Loss or damage caused by “fire” that results from close proximity to an open flame is not covered. It is a condition of coverage that equipment be properly maintained at all times. This includes the cleaning of compartments to remove debris, maintaining proper levels of fluids in all reservoirs and compliance with all other manufactures’ recommendations.

To provide you with the requested information, services, and documents, we need to store the data you provided in the form above. Your privacy is important to us. Therefore, we will not sell your information to any third party or entity. For more information about our privacy practices and how we are committed to protecting and respecting your privacy, please contact us. You may unsubscribe to any and all forms of communication at your own discretion. By clicking the checkbox below, you consent to allow JT Bates Insurance Group, LLC, the rights to store the information included in this form. Additionally, you consent to allow JT Bates Insurance Group, LLC, the rights to communicate with you about the goods and/or services provided. The communication mediums may include but are not limited to emails, calls, and texts.