Rental Agreement
This Rental Agreement (“Agreement”) governs all equipment rentals, portable toilet rentals, pumping services, customer-owned equipment services, transportation, delivery, pickup, dispatch, standby time, and any related services provided by Alaska Porta Potty LLC (“Company”) to the Client. Client / Customer refers to the individual, company, corporation, entity, contractor, representative, or business renting, leasing, requesting, receiving, or benefiting from any product or service provided by Alaska Porta Potty LLC.
This rental agreement will commence on the day the unit or equipment is delivered by Alaska Porta Potty LLC and will terminate on the day the unit or equipment is removed by Alaska Porta Potty LLC. The rental agreement applies for the entire duration and completion of the project, season, event, remodel, service period, or time frame. Pickup of the toilet or equipment signifies the end of the rental period. If equipment remains on site beyond the expected rental period, billing will continue automatically until the equipment is removed by Alaska Porta Potty LLC.
All payments and outstanding invoices are due upon receipt unless otherwise agreed in writing. For single-day rentals and event rentals, all payments must be paid in full at least three (3) days prior to the delivery date. Alaska Porta Potty LLC’s billing cycle is twenty-eight (28) days and begins on the day the portable toilet, equipment, or product is delivered. Failure to comply with payment requirements will result in a twenty percent (20%) late fee for every twenty-eight (28) day billing cycle in which the balance remains unpaid. All payments made will be applied to fees, service charges, outstanding invoices, and additional charges before being applied to the remaining balance due. Partial payments do not alter, waive, or change the terms of the original payment agreement. Returned checks or returned payments will be assessed a $50.00 NSF fee.
Any same-day order, expedited request, immediate dispatch, emergency request, or urgent service constitutes a full commitment of equipment, labor, routing, transportation, and scheduling resources by Alaska Porta Potty LLC. Once an order is confirmed and dispatch preparations have begun, the Client is fully responsible for all associated charges regardless of cancellation, refusal of delivery, change in scope, site issues, or inability to complete service due to conditions outside of Alaska Porta Potty LLC’s control. Same-day orders are non-cancelable and fully billable.
For scheduled rentals, single-day rentals, and event rentals, cancellation within one (1) week or seven (7) days prior to delivery may be assessed eighty percent (80%) of the total contracted amount. Once dispatch, mobilization, loading, routing, or delivery preparation has begun, all charges are fully billable. Cancellation, refusal, delay, or modification by the Client after dispatch does not relieve the Client of financial responsibility.
Mobilization begins when equipment, personnel, vehicles, or transportation resources are allocated to fulfill an order. Standby time includes any period in which Alaska Porta Potty LLC personnel, vehicles, or equipment are delayed, held on-site, unable to proceed, waiting for access, or otherwise prevented from completing service due to conditions outside of Alaska Porta Potty LLC’s control, including but not limited to:
All mobilization and standby time is billable.
The Client is responsible for ensuring that all delivery, service, and pickup locations are accessible, safe, and ready at the scheduled time. Toilets, equipment, or service locations not accessible to the service truck on specified servicing dates and times will not be serviced, and non-accessible units will still be billed at regular service rates. “Accessible” means the service truck can safely position within approximately twelve (12) feet of the unit with adequate space for the technician to safely operate and access the service area. If a unit is inaccessible, blocked, locked behind a gate, unsafe, improperly placed, or unavailable for service, a flat return trip / inaccessible unit fee of $59.75 may be assessed in addition to any regular service charge, standby time, or other applicable fees.
If the Client refuses delivery, refuses service, cancels service, modifies the order, changes the requested service, or prevents completion after dispatch or arrival on-site, the full amount of the order remains due, including delivery, mobilization, standby, transportation, return trip, and service charges. Alaska Porta Potty LLC is not responsible for delays, lost time, or inability to complete service caused by the Client, site conditions, security restrictions, third parties, weather, lack of access, or conditions outside of Alaska Porta Potty LLC’s control.
The Client may choose the placement of portable toilets or equipment on their site, provided the location does not cause damage to Alaska Porta Potty LLC’s equipment or vehicles, create unsafe working conditions, harm personnel, obstruct public streets or walkways, or violate any applicable right-of-way, municipal, state, or federal requirement. Alaska Porta Potty LLC does not normally operate vehicles on lawns, soft ground, septic areas, landscaped surfaces, unstable ground, or areas not designed to support service vehicles. If the Client requests or directs Alaska Porta Potty LLC to access or place equipment in areas outside normal service conditions, including lawns, gravel, driveways, unpaved areas, soft ground, or areas with limited stability, the Client assumes all risk for resulting damage. Alaska Porta Potty LLC shall not be responsible for damage to:
Units must not be placed in public rights-of-way unless properly authorized. If any unit is moved into any right-of-way, the Client will be liable for all right-of-way violations, fines, fees, damages, or related claims.
All equipment must remain in its original placement location unless Alaska Porta Potty LLC provides prior written authorization. The Client is strictly prohibited from moving, relocating, altering, tipping, dragging, transporting, or repositioning equipment without authorization. If equipment is moved by the Client, employees, contractors, guests, patrons, invitees, or any third party, the Client assumes all liability for damage to the equipment, property damage, personal injury, improper placement, improper use, service delays, violations, and any resulting fees. Unauthorized movement of equipment may result in a $125.00 reset fee plus all damages, labor, transportation, repair, replacement, recovery, cleaning, legal, or third-party costs. Alaska Porta Potty LLC is not responsible for any damages, incidents, violations, or claims resulting from unauthorized movement of equipment.
The Client or customer is prohibited from using portable toilet facilities, toilets, holding tanks, pumping services, or related equipment for any purpose other than their specific, proper, and intended use. Dumping or placing prohibited waste into any Alaska Porta Potty LLC product or serviced system is strictly prohibited. Prohibited waste includes, but is not limited to, RV waste not specifically accepted by Alaska Porta Potty LLC, hazardous or regulated materials, motor oil, oils, paint, paint thinners, chemicals, glass, rocks, trash, foreign objects, grease, concrete, needles, wipes, debris, and any material other than liquid human waste and standard toilet tissue paper. Prohibited waste, contamination, misuse, or foreign objects may result in cleaning fees, repair fees, disposal fees, environmental fees, third-party fees, legal fees, replacement fees, and service refusal. Fees from third parties, disposal providers, environmental vendors, or cleanup contractors may exceed $4,000.00 and remain the responsibility of the Client.
If the portable unit provided by Alaska Porta Potty LLC is exposed to or used more than a reasonable amount, the Client is required to maintain the condition of the unit and request additional services when needed. If a unit is exposed to high-traffic, public, tourist, construction, event, or other heavy-use conditions, the unit may require additional maintenance, janitorial service, or increased service frequency. Alaska Porta Potty LLC may recommend or require additional services to ensure sanitary facilities and reserves the right, in its sole discretion, to add service when required. Additional service charges may apply at the Client’s expense. If the Client fails to address overuse, excessive traffic, unsanitary conditions, odor, overflow, misuse, or damage, the Client may be held liable for damages to property, equipment, sanitation conditions, reputation, business operations, and any related costs.
The Client agrees to notify Alaska Porta Potty LLC of any damage to equipment as soon as it is observed. The Client assumes responsibility and financial liability for all damages incurred during the rental period, including damages caused by fire, theft, vandalism, misuse, employee-caused damage, contractor-caused damage, guest or patron damage, weather-related movement not caused by Alaska Porta Potty LLC, unauthorized movement, negligence, or any outside, unidentifiable, or unforeseeable damages while the equipment is on site. The Client accepts full financial and insurance responsibility for property damage, personal injury, death, claims, losses, or incidents arising from use, placement, presence, misuse, movement, or access to Alaska Porta Potty LLC’s equipment, except where caused solely by gross negligence of Alaska Porta Potty LLC.
The Client is responsible for maintaining a safe and secure site environment where equipment is placed and for maintaining appropriate general liability insurance coverage for the site, event, project, business, or location. The Client assumes responsibility for all claims, damages, injuries, losses, incidents, legal actions, and costs arising from:
The Client agrees to indemnify, defend, and hold harmless Alaska Porta Potty LLC, its owners, employees, agents, contractors, and representatives from any claims, damages, losses, liabilities, legal actions, settlements, attorney fees, defense costs, collection costs, injuries, or expenses arising out of placement, use, misuse, presence, access, site conditions, public use, or unauthorized movement of equipment at the Client’s location, except in cases of gross negligence by Alaska Porta Potty LLC.
To the fullest extent permitted by law, Alaska Porta Potty LLC’s total liability for any claim, dispute, damage, loss, delay, service issue, equipment issue, property damage, or alleged breach shall be limited to the amounts actually paid by the Client to Alaska Porta Potty LLC during the prior twenty-eight (28) days, excluding fuel surcharges, transportation charges, dispatch fees, taxes, pass-through costs, third-party costs, disposal fees, collection costs, legal fees, and other non-service charges. Alaska Porta Potty LLC shall not be liable for indirect, incidental, special, consequential, punitive, lost-profit, loss-of-use, business interruption, event disruption, reputational, or third-party damages except where prohibited by law.
Alaska Porta Potty LLC will make reasonable efforts to maintain communication during service, but temporary communication interruptions, delayed responses, missed calls, text issues, email issues, routing limitations, or remote location limitations do not relieve the Client of responsibility for charges incurred. The Client authorizes Alaska Porta Potty LLC to photograph, video, document, or otherwise record site conditions, placement, blocked access, unsafe conditions, service completion, damage, contamination, overuse, unauthorized movement, animal-related issues, and any condition relevant to service, billing, safety, evidence, or dispute resolution.
If a service date falls on a Federal Holiday, the service date may be moved to the day prior, the day after, or the next available business day during a regular work week. If the Client does not inform Alaska Porta Potty LLC of a closure of business, site closure, holiday closure, gate closure, restricted access, or any other closure not observed by Alaska Porta Potty LLC, a return service charge and applicable fees may apply. Alaska Porta Potty LLC shall not be liable for delays, missed service, inability to deliver, inability to pickup, inability to pump, or inability to perform caused by events outside its reasonable control, including weather, storms, earthquakes, natural disasters, road closures, traffic, labor shortages, fuel shortages, equipment breakdown, government restrictions, government shutdowns, security delays, unsafe conditions, supply shortages, acts of God, accidents, emergencies, or other force majeure events.
For services at government facilities, correctional institutions, military installations, defense sites, federal projects, restricted-access locations, or secure facilities, delays caused by security procedures, escorts, inspections, gate access, lockdowns, background checks, administrative processes, restricted movement, operational changes, government directives, urgency, cancellation, or site coordination issues are billable as mobilization, standby, transportation, and service time. The Client is responsible for ensuring proper coordination of access and readiness. Billing remains enforceable regardless of government funding, reimbursement status, project approval, purchase order delay, operational change, or third-party payment status.
Alaska Porta Potty LLC reserves the right to assess fuel surcharges, transportation charges, remote service charges, dispatch charges, pass-through charges, disposal charges, environmental charges, and other service-related fees where applicable. Fuel, transportation, and remote area surcharges are subject to change based on distance, route, road conditions, fuel pricing, seasonal conditions, location, access restrictions, urgency, or operational cost. Pricing, fees, and service terms may be modified, updated, or changed by Alaska Porta Potty LLC at any time, with or without prior notice, unless otherwise agreed in writing.
In the event of non-payment, breach, chargeback, returned payment, unpaid invoice, or collection activity, the Client is responsible for all reasonable costs of collection, including court costs, filing fees, collection agency fees, attorney fees, lien filing costs where applicable, administrative costs, and related expenses as permitted by law. Client / Customer has the right to file a formal written dispute with Alaska Porta Potty LLC by mail at 6101 Burlwood Street, Anchorage, AK 99507 or by email at customerservice@alaskaportapotty.com. Contacting Alaska Porta Potty LLC by phone or text is not considered a valid means of formally disputing fees or charges. This Agreement shall be governed by the laws of the State of Alaska, and any dispute, lawsuit, claim, or legal action shall be brought exclusively in Anchorage, Alaska, unless otherwise required by law.
Use of services, payment, order placement, verbal approval, written approval, email approval, text approval, online order submission, acceptance of delivery, continued possession of equipment, or use of Alaska Porta Potty LLC’s online resources constitutes acceptance of this Agreement. If a person places an order, signs, approves, accepts delivery, or authorizes service on behalf of a business, company, contractor, organization, or entity, that person represents that they have authority to bind the entity and, where lawful, personally guarantees payment if the entity fails to pay, lacks valid legal authority, is misrepresented, is dissolved, is underfunded, refuses payment, or otherwise fails to satisfy amounts owed. This Agreement applies to all current and future transactions between Alaska Porta Potty LLC and the Client.
All customer-owned equipment is the sole responsibility of the Client. Alaska Porta Potty LLC is not responsible for damage due to pre-existing conditions, age, wear, improper installation, cracks, leaks, structural failure, deteriorated components, tank collapse, unsafe fittings, concealed defects, improper maintenance, improper use, or unsuitable condition. This includes customer-owned portable toilets, RV and mobile systems, holding tanks, marine or boat systems, septic systems, and any other customer-owned system or container. Service is based on visible conditions only and does not guarantee system integrity. Alaska Porta Potty LLC reserves the right to refuse, delay, or discontinue service if equipment is unsafe, unstable, unsuitable, inaccessible, contaminated, or likely to fail. The Client assumes all risks and agrees to indemnify Alaska Porta Potty LLC except in cases of gross negligence by Alaska Porta Potty LLC.
The Client is responsible for securing and controlling all animals, including pets and livestock, at any location where Alaska Porta Potty LLC performs delivery, service, or pickup. The Client must ensure that all animals are properly restrained, confined, or otherwise prevented from entering active work areas or interacting with Company personnel, vehicles, or equipment. Alaska Porta Potty LLC shall not be responsible for injury to or loss of animals that are not properly secured or that enter the work area during service operations. Due to the size, weight, and limited visibility of service vehicles, the Client acknowledges that operating conditions may present inherent risks to animals in the vicinity of active work zones. If animals are present and not adequately secured, Alaska Porta Potty LLC reserves the right to delay, discontinue, or refuse service. Any resulting delays or additional service attempts may be subject to additional charges, including standby or return service fees. The Client agrees to indemnify and hold harmless Alaska Porta Potty LLC from any claims, damages, or losses arising from animal-related incidents, except in cases of gross negligence by Alaska Porta Potty LLC.
If any provision of this Agreement is found unenforceable, invalid, or unlawful, the remaining provisions shall remain in full force and effect. Failure by Alaska Porta Potty LLC to enforce any term, fee, right, or provision shall not be considered a waiver of the right to enforce that term or any other term in the future. This Agreement, together with any invoice, written quote, service order, or written approval, constitutes the entire agreement between the parties and supersedes prior verbal statements, informal communications, promises, representations, or understandings. The most current version of this Agreement may be found at https://www.alaskaportapotty.com/terms and may be altered, changed, updated, or amended at any time by Alaska Porta Potty LLC.
Alaska Porta Potty LLC
Anchorage, Alaska