This Dumpster Rental Agreement (“Agreement”) is made between Junk’Ems, LLC, a Missouri Limited Liability Company, having its principal place of business at 878 SW 500th Rd., Holden, Missouri 64040, (“Company”), and yourself through our online portal with a date being the date that the payment processes and you accept the agreement. You will be known as the (“Customer”). Junk’Ems, LLC,  Company and Customer also may be individually referred to as “Party”, “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 real property where dumpster will be placed.

(b) Price. Customer agrees to rent a dumpster unit from Company according to the prices, terms and fees set forth at the time of rental. The rental period begins the day the dumpster is dropped off, unless otherwise stated by Company. A deposit is required to add the dumpster placement on the Company’s schedule. Said deposit shall be paid by Customer using a debit or credit card which will remain on file during the rental period. Customer’s initial deposit will be applied to the remaining balance of rental fees incurred by Customer. The initic1I deposit is not refundable unless the Customer cancels delivery of the dumpster more than 48 hours prior to the day of scheduled delivery. The remaining balance of rental fees are due upon delivery and placement of the dumpster and will be charged to the debit or credit card on file with Company. The dumpster will not be off loaded without receipt of payment in full. The initial deposit will not be refunded if payment if not received at time of delivery. Customer is not allowed to sublet the dumpster for any reason.

(c) Weight Limit. Customer agrees to restrict tonnage to 5 tons (10,000 lbs.) for each dumpster. If Customer exceeds the relevant tonnage limit, Customer hereby agrees to pay an additional fee of $75.00 per additional ton. If the unit exceeds 5 tons it will result in refusal of service and offloading will be required and will result in a dry run charge of $100.00 for each additional day the unit exceeds the tonnage limit of 5 tons, a charge of $50.00 will be charged to Customer.

(d) 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 or any other road surface material, lawns, fences, shrubbery, septic system, private well, or any other form of property damage. Customer warrants and agrees they will not move any of the dumpster units with either their equipment or the equipment of third parties. Relocation of the unit is available upon request for an additional fee of $100.00 to $150.00 dependent upon the location fo the unit.

(e) Right to Deriy Placement. The driver has the right to deny placement of any dumpster if it appears that placement will cause a hazardous condition. Dumpsters cannot block sidewalks and must be placed at least 8 feet from streets.

(f) Inspection. The Customer agrees to inspect the dumpster(s) for any preexisting damage upon delivery and before the Customer fills the dumpster(s) with waste. The Customer agrees to pay for any damage caused to the dumpster(s) while the dumpster(s) are in the Customers possession including damage caused by heavy equipment used to load the dumpster(s) or to pack the contents in the dumpster(s). Customer agrees to pay for any repairs or the replacement cost of the dumpster(s) if the dumpster(s) are damaged beyond repair. The Customer· also agrees to pay an additional amount to cover the loss of use of the dumpster(s) while it/they is /are being repaired or replaced.

(g) 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 for additional rental time at the rate of $25.00 per day until the dumpster is picked up. In addition, the Customer agrees to pay an additional charge of $100.00 for each trip made attempting to pick up the dumpster.

2. Content Regulations.

(a) Customer is fully responsible for the entire contents of the container and is the rightful owner of the container’s contents until the container is dumped and the contents accepted by the prospective disposal facility. This Company is not responsible for any items placed in the dumpster by Customer’s mistake.

(b) Concrete, dirt, sand, gravel, and any other heavy items are to only be loaded halfway of the height tt the dumpsters. If loading is past halfway it may require an offloading and will result in a dry run fee. Any possible damage to the unit from overfilling with heavy materials are the responsibility the Customer, and Customer is liable for the cost of repair or replacement of the unit.

(c) A dumpster rented to remove yard waste shall only contain yard waste. A mixture of trash materials and yard waste is not allowed. This may result in additional fees to be paid by Customer to separate the contents of the dumpster.

(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 properly latched before the dumpster can be removed. Any sharp objects should be loaded with the sharp side down. Failure to do so may result in damage to Company’s tarp for which Customer is liable. Overfilled or unprepared containers will be brought into compliance at Customer’s expense. Dumpster(s) which are overfilled or not properly latched at the time of pick up and which causes the Company to make a second trip to pick up the dumspter will result in the Customer being charged a dry run fee of $100.00 and an additional charge of $25.00 per day until the dumpster(s) is/are brought into compliance and the Company is notified to pick it up.

(e) Hazardous and Unacceptable Material Prohibited. Customer represents and warrants 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 not permitted 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.

Hazardous and unacceptable materials shall include but is not be limited to waste that is liquid, or waste that is, or contains, radioactive, volatile, corrosive, highly flammable, combustible, biomedical, biohazardous, infectious, toxic, and/or any hazardous wastes listed in the restricted items. Restricted Items include, but is not limited to tires, wet paint, batteries, oil, sewage sludge/septic tank drainage, ashes, dirt, and manure.

All dumpsters may be inspected by Company for restricted items. The driver has the right to leave any and all restricted items on site.

If unacceptable contents are not seen until unloading, the Customer will be liable for additional charges. The liability and ownership of restricted items shall remain with the Customer. The Company has the right to inspect, analyze and/or test any waste placed in the Customer’s dumpster.

If Customer has any questions about whether a particular material is considered hazardous, the Customer is required to call the Company before disposing of the material in the dumpster.

(f) Consequences of Violating Regulations. In the event that contents which are not allowed by this contract or any Federal, State, or City regulation or agency are actually disposed of the customer agrees to pay and be fully responsible for any and all costs, fines, penalties, or other actions taken for said disposal. These costs may include but not be limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Said 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 the Company harmless from 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 the Parties 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 all the Parties hereto.

7. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Missouri, 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.

11. Document Execution. As a common business practice Company utilizes DocuSign electronic signatures when executing documents. Electronic signatures facilitate faster and more secure document signing. This Agreement may be executed electronically in one or more counterparts, each of which may be executed by less than all of the parties, all of which together will constitute one instrument and will be enforceable against the parties.

The Parties have hereto executed this Agreement as of the date customer placed order through our online payment portal.

JUNK’EMS, LLC                

Digital Signature of the Customer (is the agreement to follow accept the Rental Agreement online)

Chad Wheat, Managing Member

Junk’Ems, LLC 878 SW 500 Road

Holden, MO 64040

Office Telephone: (816) 372-2098