This agreement reflects and is intended to be the complete expression of the terms and conditions
and agreement between Lessor and Lessee, unless mutually agreed in writing. Acceptance of a quote
and/or approval to perform work constitutes as full acceptance of these terms and conditions.
1. INDEMNIFICATION -- LESSEE AGREES TO PARTIALLY INDEMNIFY AND SAVE LESSOR, ITS EMPLOYEES AND
AGENTS HARMLESS FROM ALL CLAIMS FOR DEATH OR INJURY TO PERSONS, INCLUDING LESSOR'S EMPLOYEES, OF
ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF
LESSEE'S OPERATION. LESSEE'S DUTY TO INDEMNIFY HEREUNDER SHALL INCLUDE ALL COSTS OR EXPENSES
ARISING OUT OF ALL CLAIMS SPECIFIED HEREIN, INCLUDING ALL COURT AND/OR ARBITRATION COSTS, FILING
FEES, ATTORNEYS' FEES AND COSTS OF SETTLEMENT. LESSEE SHALL NOT BE REQUIRED TO INDEMNIFY, HOLD
HARMLESS, OR DEFEND ANY PARTY AGAINST A CLAIM CAUSED BY THE NEGLIGENCE OR FAULT, THE BREACH OR
VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, OR RULE, OR THE BREACH OF
CONTRACT OF THE LESSOR, ITS AGENT OR EMPLOYEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION
OF THE LESSOR, OTHER THAN THE LESSEE OR ITS AGENT, EMPLOYEE, OR SUBCONTRACTOR OF ANY TIER. HOWEVER,
THE INDEMNIFICATION OBLIGATION ABOVE SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE
AMOUNT OR TYPE OF DAMAGE, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE LESSEE UNDER WORKER'S
COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS. THE LESSEE'S
OBLIGATIONS HEREUNDER SHALL FURTHER NOT BE LIMITED BY THE AMOUNT OF ITS LIABILITY INSURANCE AND THE
PURCHASE OF SUCH INSURANCE FOR LESSOR SHALL NOT OPERATE TO WAIVE ANY OF THE ABOVE OBLIGATIONS. THIS
PROVISION IS SEPARATE AND DISTINCT FROM ANY OTHER PROVISION OR PARAGRAPH IN THIS CONTRACT,
INCLUDING ANY PROVISION OR PARAGRAPH CONCERNING PARTIAL INDEMNIFICATION AND PROCUREMENT OF
INSURANCE. IF THIS PARAGRAPH IS DECLARED INVALID, THEN ALL OTHER PARAGRAPHS OF THIS CONTRACT SHALL
STAND.
2. INSURANCE – For bare rental arrangements, or as required by the Lessor, the Lessee agrees to
purchase the following insurance coverages prior to the Equipment’s arrival on the job site.
Additional insured coverage shall be limited in scope, in the same manner as set forth above, such
that it shall not provide coverage which is prohibited for an agreement to indemnify, hold
harmless, or defend. The Lessee shall procure the following coverages for Lessor: a) worker's
compensation and employer's liability insurance, with limits of at least the statutory minimum or
$1,000,000, whichever is greater; b) primary noncontributory commercial general liability insurance
on an occurrence basis, including bodily injury and property damage coverages with minimum limits
of $1,000,000 per occurrence and
$2,000,000, in the aggregate; c) excess/umbrella non-contributory insurance in the amount of
$5,000,000 and Lessee’s primary and excess/umbrella policies must be endorsed so that they are
primary and non-contributory to all of Lessor’s insurance policies and Lessor’s policies are excess
to Lessee’s policies; d) inland marine/all-risk physical damage insurance, on a primary
non-contributory basis, to cover the full insurable value of the Equipment, including any boom or
jib, for its loss or damage from any and all causes, including, but not limited to, overloading,
misuse, fire, theft, flood, explosion, overturn, accident, and acts of God occurring during the
rental term; e) all policies are to be written by insurance companies acceptable to the Lessor; f)
the Lessor and all affiliated partnerships, joint ventures, corporations and anyone else who Lessor
is required to name as an additional insured, are to be included as additional insured on all
liability insurance policies, including excess/umbrella policies (ISO Form CG 20 10 10 01 and ISO
CG 20 37 10 01 must be used), Lessee shall name Lessor as a Loss Payee on all insurance policies,
and Lessee shall provide all insurance certificates to Lessor when requested; g) all policies shall
be endorsed to require the insurer to give thirty (30) days advance notice to all insured’s prior
to cancellation; h) all of Lessor’s policies, and the policies of anyone Lessor is required to
insure are excess over all of Lessee’s policies. In the event of loss, proceeds of property damage
insurance on the Equipment shall be made payable to Lessor. Lessee's agreements to indemnify and
hold Lessor harmless from any liability, damage and loss are in addition to, and not an alternative
to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above
indemnity provisions. To the extent that the Lessee may perform under this lease without obtaining
the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Lessor's right to maintain any breach
of contract action against the Lessee. Lessee hereby agrees to waive any and all rights of subrogation and any and all
lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit
programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall
include, but not be limited to, rights of subrogation and lien rights. The Lessee understands that this waiver shall bind
its insurers of all levels, and agrees to put these insurers on notice of this waiver and to have any necessary
endorsements added to the insurance policies applicable to this lease.
3. COMPLIANCE WITH CODES AND LAW. Lessee shall comply with all applicable federal, state, and local laws,
rules, and regulations, permits, certificates and/or licenses required and applicable. Lessee will hold Lessor harmless
from any claim, action, assessment or liability related to the operation or performance of Lessee under this agreement,
including but not limited to any requirement under OSHA, FLSA, Title VII, workers’ compensation, or employment
benefit.
4. OPERATION OF EQUIPMENT -- It is expressly agreed by and between the parties hereto that the Equipment and
all persons operating, repairing, or maintaining and assembling/disassembling the Equipment are under the exclusive
jurisdiction, supervision and control of Lessor under this lease. It shall be the duty of Lessee to give specific
instructions and directions to all persons operating, repairing, and maintaining the the Equipment, but Lessor reserves
to right to refuse any instruction given if such instructions are deemed to be unsafe or unfeasible. Lessor shall provide
or otherwise select competent and experienced personnel to direct the operation of the Equipment, in accordance with
OSHA 29 CFR 1926.1428 signal person qualifications, and Lessee further agrees that the standard of care and
responsibilities will be in accordance with all American National Standards Institute (ANSI) specifications, and that
ASME B30.5-2014 (and as amended) shall be used when operating the Equipment, specifically Chapter 5-3
Operation, as well as the OSHA 29 CFR Subpart CC Cranes and Derricks in Construction sections 1926.1400 –
1926.1442. The cost of any repair necessary to restore the Equipment to its original condition may be required to be
paid by Lessee, dependent upon the circumstances that necessitated the repair. Lessor’s failure to require strict
performance by Lessee of any of the lease provisions, or Lessor’s acceptance of late or partial performance hereunder
shall not constitute a waiver of any prior defaults of Lessee, nor of Lessor’s rights under this agreement. This lease
shall be binding upon and shall inure to the benefit of the parties and their successors, administrators, executors,
trustees and assigns. This agreement shall be interpreted according to the laws of Lessor’s location stated on the front
page. This agreement shall be interpreted fairly and reasonably and neither more strongly for nor against either party.
5. CONDITIONS –GROUND/POWERLINES/RIGGING—The Lessee hereby agrees that it will assume all
responsibility for the ground or soil conditions in the area where the Equipment is to be stored, parked or operated.
The Lessee shall perform or have performed all necessary inspections or testing to determine the nature of the ground
or soil and its ability to support the Equipment while in operation or otherwise. If the ground or soil condition is such
that it cannot support the Equipment, the Lessee shall take all necessary measures to ensure that these conditions are
remedied prior to the Equipment being placed on that ground or soil. These measures include, but are not limited to,
the provision of proper shoring or cribbing or other measures .Lessee shall provide proper access, ample room, and
suitable ground conditions to perform the work. RMCS relies on lessee's representation as to the condition and
stability of the surface and sub-surface areas where the equipment will operate. Lessor shall not be responsible for
damages to person or property resulting from inadequate or defective surface or sub-surface conditions. Lessee shall
indemnify and hold Lessor harmless for any claims thereon. Lessee assumes all responsibility to protect the
Equipment and persons in or around the Equipment from the danger of power lines. Lessee shall not expose the
Equipment or any persons in or around such Equipment to the danger of energized power lines. All power lines in the
work area shall be identified prior to the work beginning. All power lines are to be de-energized prior to the
Equipment being operated in or around such power lines. Lessee shall contact the local electric utility or other such
authorized entity to arrange to have the power lines de-energized prior to beginning work. Even if power lines are deenergized,
Lessee shall keep the Equipment clear of such power lines at the distances required by OSHA, ANSI and
any other safety regulations or standards. If it is not possible to de-energize power lines, then the Lessee shall be
responsible for the insulating of any power lines, the grounding of all Equipment and will be required to use rigging
or other Equipment designed to prevent electrocution. Lessee may provide rigging to be used with the Equipment, if
chokers, slings, straps, chains, hooks, spreaders, fittings, rope or wire owned by Lessee are utilized, Lessor will
perform a thorough inspection of such items prior to use and reserves the right to reject their use. Lessee assumes
responsibility for any defects in any rigging, whether the property of Lessee or otherwise. Lessee assumes the
responsibility for damage to any load on hook due to a failure of the rigging. Lessee assumes the responsibility for the
method of rigging and agrees that all persons involved in the rigging process are under Lessee’s direct supervision
and control. Lessee assumes the responsibility for the method of rigging, and agrees that all persons involved in the
rigging process are qualified according to OSHA’s definition 1926.1401 and are under Lessee’s direct supervision and
control.
5a. ENVIRONMENTAL DISRUPTION. Lessor will endeavor to complete the contracted work with minimal
environmental alteration or damage. In some cases, trees, boulders, or other natural obstructions may have to be cut or
removed to complete the job. Fences or gates may need to be altered or disassembled for access. Ruts, cracks, or other
disruptions to the ground caused by the crane shall be the sole responsibility of the lessee. Time spent gaining access
to/from the site or removing stuck equipment will be fully billable under the hourly rate.
6. NO RELIANCE ON LOAD MEASURING DEVICE -- If any Equipment has been fitted with a load measuring
device, the Lessee hereby acknowledges and agrees that the Lessor has made no warranties or representations
whatsoever with respect to the ability of the said load measuring device to accurately or consistently measure the
weight of loads being lifted by such Equipment. The Lessee further acknowledges and agrees that it is the
responsibility of the Lessee to independently determine the weight of every load to be lifted by any crane comprising
all or any portion of the Equipment, so as to ensure that any such load measuring device shall be used as an operatoraide
only. Lessee acknowledges and agrees that if he relies in any way whatsoever on any load measuring device, he
does so completely at his own risk.
7. STOP WORK AUTHORITY – Lessor and lessee maintain the right to suspend operations at any time and for any
reason. Billing will be determined on a case by case basis in the event of a work stoppage.
8. AUTHORIZED SIGNATURE - In the event this agreement has been executed on the reverse side by an individual
on behalf of a corporation or other business entity, the person whose signature is affixed hereto and the company for
which the individual has signed this agreement represent to Lessor that the individual signing has full authority to
execute this agreement on behalf of said corporation or other business entity.
9. EXCUSE OF PERFORMANCE – Any prevention, delay or stoppage in the operation of the equipment due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore,
governmental action, domestic or foreign, riot, civil commotion, fire and other casualty and all other causes beyond
the reasonable control of the Lessor shall excuse the Lessor’s performance of this agreement for a period equal to
such prevention, delay or stoppage
10. PAYMENT TERMS. For customers without a credit account, payment is due 15 days from the date of invoice. New
customers and customers without credit accounts must pay the mobilization fee via credit card prior to job start. Cash
discount will apply to remaining balance of the project if customer elects to pay in cash. For customers with a credit
account, payment is due 30 days from the date of invoice. Payment can be made in the form of check drawn on
United States bank, cash, or major credit card. All payments should be directed to Rocky Mountain Crane Service,
135 Crane Lane, Salida CO 81201. Customers wishing to settle a bill over the phone should call 719-539-4966 or
832-492-2436. Time charged represents travel both ways (also referred to as “mobilization”), plus job time, and other
time designations as quoted. Lessee guarantees responsibility for payment of the invoice(s). Minimum hour
requirements apply. Billing to a third party will be made only with prior arrangement. Lessee agrees to pay 1.5% per
month which is 18% per annum on the unpaid balance, if the balance is not paid within stated terms, plus all costs of
attorney’s fees and collection. All invoices are due and payable at Lessor’s office, 135 Crane Lane, Salida CO 81201.
10a. CASH DISCOUNT. A 5% discount off of the total bill will be offered to customers who pay in cash at the time
of service. Cash discounts do not apply to prepayment of mobilization fees, which must be paid via credit card. 10b.
CRANE TIME MINIMUMS. Cranes up to 99 ton have a 4 hour minimum. Cranes from 100 to 299 ton have a 5
hour minimum. Cranes 300+ ton have an 8 hour minimum.
11. CANCELLATION. 1. In the case of cranes with a capacity of 200 tons or less, any cancellation made within a
period of twenty-four (24) hours prior to the scheduled service will incur charges equivalent to a minimum of three
(3) hours of crane operation. 2. For cranes exceeding a capacity of 200 tons, any cancellation occurring within a
seventy-two (72) hour window preceding the scheduled service shall result in the assessment of mobilization costs.
12. LIENS. Rocky Mountain Crane Service reserves the right to file a lien on the project property if payment is not
received by the 40th day from the date of invoice. Notice of intent to file a lien will be given according to Colorado
State Law.
13. CREDIT ACCOUNTS – Credit accounts can ONLY be set up and approved through RMCS’s office, prior to job
start. No jobs will be allowed to be charged unless Lessee has a current and satisfactory account already on file.
14. GOVERNING LAW - This Agreement will be construed and interpreted under the laws of the State of Colorado,
The obligations and undertakings of the parties to this agreement shall be performable at the principal place of
business of Lessor.
