Terms of Service
Equipment Rental America
Last Updated: October 5, 2025
By accessing or using our trailer rental services, booking through our website or entering into a rental agreement, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not rent our trailers.
These Terms apply to all rentals of trailers and related equipment from Equipment Rental America (referred to as "we," "us," "our," or "Company"). They supplement any specific Rental Agreement you sign at pickup.
1. Definitions
"Trailer" or "Equipment": Any trailer (utility, cargo, car hauler, etc.), accessories (ratchet straps, wheel chocks, moving blankets, dollies, motorcycle tie-down kits, etc.), or related items provided by us.
"You" or "Customer" / "Renter": The individual or entity making the reservation, signing the Rental Agreement, or using the Trailer, including any authorized drivers.
"Tow Vehicle": Your vehicle used to tow the Trailer.
"Rental Period": The time from pickup to return as specified in your Rental Agreement or booking confirmation.
2. Eligibility and Reservations
You must be at least 25 years old, possess a valid U.S. driver's license, and provide proof of insurance for your Tow Vehicle.
Reservations are subject to availability. We may substitute a comparable Trailer of equal or greater value at no extra charge.
Rates and availability are subject to change. Quoted rates do not include taxes, fees, or add-ons. You are responsible for all applicable taxes.
Deposits and payments: Details are in your booking or Rental Agreement. We accept major credit/debit cards; cash may require a higher deposit.
Cancellations/modifications: Contact us promptly. Late pickups (more than 1 hour) may result in cancellation.
3. Rental Fees, Payments, and Late Returns
You agree to pay all rental fees, add-on charges, taxes, and any additional costs (e.g., cleaning fees, damage, late fees).
Late returns incur additional daily/hourly rates (as specified in your agreement) plus any consequential costs.
We may charge your provided payment method for all amounts due, including post-rental charges. Unpaid balances may accrue late fees, collection costs, and be reported to credit agencies.
4. Use of Trailer and Tow Vehicle Requirements
The Trailer is for personal or business moving/hauling purposes only (lawful Do-It-Yourself transport). Prohibited uses include (but are not limited to):
Off-road use (except minimal loading/unloading).
Transporting hazardous/illegal materials, people (except in the Tow Vehicle), animals, or perishable goods without proper precautions.
Sub-renting, lending without approval, or using for commercial passenger transport.
Taking the Trailer outside the continental U.S. (contact us for specifics; Florida-based operations emphasized).
Towing Requirements: Your Tow Vehicle must be properly rated, equipped with a suitable hitch (rated at or above Trailer GVWR), safety chains, electrical connections, and brakes if required. You are solely responsible for proper hookup, safety checks, and compliance with all towing laws.
Load Limits: Never exceed GVWR, axle ratings, or Tow Vehicle capacity. Secure all loads properly.
You must comply with all traffic laws, inspect the Trailer periodically, and report any issues immediately.
5. Condition, Inspection, and Maintenance
Inspect the Trailer at pickup (we recommend photos/videos). Note any pre-existing damage.
Return the Trailer clean, in the same condition (reasonable wear and tear excepted), with all accessories, to the designated location by the due date/time.
Cleaning fees apply for excessive dirt, debris, or spills. Damage or missing items will be charged at repair/replacement cost plus labor.
6. Insurance, Liability, and Damage
Your Responsibility: You bear the risk of loss, theft, or damage from pickup until return. Confirm with your insurer that your policy covers the Trailer and towed loads. We do not provide insurance unless separately purchased (if offered).
You are liable for all damage (including tires, body, lights, frame), towing/recovery costs, and third-party claims arising from your use.
Report accidents, theft, or damage immediately to us and authorities. Failure to do so may increase your liability.
We are not liable for loss/damage to your cargo, Tow Vehicle, or indirect/consequential damages, to the fullest extent permitted by law.
7. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms, use of the Trailer, or negligence, except to the extent caused by our gross negligence or willful misconduct.
8. Termination and Defaults
We may terminate the rental and demand immediate return if you breach these Terms, misuse the equipment, or if we believe the Trailer is at risk. Failure to return may result in repossession, additional charges, and legal action.
9. Governing Law, Dispute Resolution, and Arbitration
These Terms are governed by the laws of the State of Florida. Any disputes shall be resolved through binding arbitration in Volusia County, Florida (or as otherwise agreed), unless prohibited by law. You waive jury trials and class actions where applicable.
Contact us first for informal resolution.
10. General Provisions
Changes: We may update these Terms; continued use after updates constitutes acceptance. Check our website periodically.
Severability: If any provision is invalid, the rest remain enforceable.
Entire Agreement: These Terms, your Rental Agreement, and booking confirmation constitute the full agreement.
Contact: For questions, contact us via the website, phone, or at our New Smyrna Beach location. Business address: [Insert Mailing Address, e.g., related to 132 W International Speedway Blvd details if applicable].
By renting, you acknowledge that you have read, understood, and agree to these Terms.