Rental Terms and Conditions

These Rental Terms and Conditions, any documents signed by you or to which you have electronically consented, any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, the Privacy Notice, and a return record with the computed rental charges together constitute the rental agreement (collectively, "Agreement") between you and HSD Homes, LLC D/B/A The Temporary Kitchen Co. (collectively, "TKC").

You agree that you are not our agent for any purpose and that you cannot assign or transfer your obligations under this Agreement. You rent from us the Trailer described in the Agreement and other property and accessories listed in the Agreement (collectively, the "Trailer"). Such property may include a fridge, freezer, cook top, hood vent, sink, and dishwasher or other kitchen devices provided by us under this Agreement which may result in an additional charge. Such property is sometimes separately referred to as "Kitchen Equipment."

You acknowledge that the Trailer and/or Kitchen Equipment is owned by us, that you have no authority to sublease or transfer the Trailer and/or Kitchen Equipment, and that any attempt to do so is void and constitutes a breach of this Agreement. You agree that this rental is solely a bailment for mutual benefit.

By renting from TKC, you agree to these Rental Terms and Conditions, if such term is not prohibited by Applicable Law of a jurisdiction covering this rental, in which case such law controls. You agree that failure to comply with these Rental Terms and Conditions will constitute a breach of the Agreement. If you breach the Agreement, we may exercise all remedies permitted to us under this Agreement or by law, which include but are not limited to terminating the current rental, refusing to enter future rental agreements with you, and/or asserting claims against you for any damages we incur because of your breach.

1.Trailer Use Terms

1.1 Who May Use the Trailer

Only you and those in your immediate household may use the Trailer.

1.2 Trailer Condition; No Warranties

You have inspected the Trailer. It is in good and useable condition and fit for your rental purposes. It has no apparent defects except as may be noted unless notified in writing.

1.3 Keeping the Trailer Safe and Secure

You, and any Additional Authorized Individual, park the Trailer in compliance with all laws, regulations, and ordinances. You may not leave the Trailer unattended unless all windows and doors are closed and locked, and the Trailer is in a secure location. You must take reasonable precautions to safeguard the keys to the Trailer from anyone other than yourself and any Additional Authorized Individual.

1.4 Trailer Drop-Off and Return

The trailer will be dropped off, hooked up, and positioned by TKC. At the end of the rental period, TKC will come and retrieve the trailer. While the trailer is on your property, no one is to move, tamper with the installation of the trailer, and/or move the trailer in any way, shape, or form.

1.4(a) When to Return the Trailer

A service charge of $500.00 or more may apply if the Trailer is not returned clean or if any accessories are not returned in the same condition as they were when provided to you.

1.5 Trailer Use Prohibitions and Responsibilities

Certain uses of the Trailer and other things you or another person may do, or fail to do, will violate this Agreement.

1.5(a) Prohibited Uses of the Trailer

You will violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Trailer do any of the following:

• Allow anyone except you or an additional authorized individual to possess or operate the Trailer;
• Use the Trailer to store, treat, transport, or dispose of any regulated, toxic, or hazardous substances or waste, such as corrosive, poisonous, flammable substances like gasoline, propane or oil, explosive, accelerant or radioactive substances, and biohazards like medical waste;
• Use the Trailer when you know, or should know, that the continued operation of the Trailer is likely to cause damage to the Trailer or the Kitchen Equipment;
• Use the Trailer in an area that poses an unusual danger of damage to the Trailer, such as areas of strike, labor or civil disruption or violence, or natural disasters like hurricanes, floods, fires, earthquakes, or mudslides where such circumstances are reasonably foreseeable;
• Video our Trailers or trademarks, including but not limited to the unauthorized use of social media, service marks, or copyrighted material, including but not limited to any logos or characters without the express written consent of TKC Rental, LLC, except if permitted by Applicable Law;
• Smoke or vape in the Trailer;
• Remove, modify, or tamper with any part or component of the Trailer without the express written consent of TKC Rental, LLC.

1.5(b) Responsibilities of Use

You will also violate Paragraph 1.5 and the Agreement if you or a person you allow to possess the Trailer, regardless of whether that person is an authorized individual, do any of the following:

• Fail to promptly report to us and, where required by Applicable Law, to law enforcement authorities, any damage to or loss of the Trailer when it occurs or when you learn of it; fail to provide us with a written accident/incident report; fail to cooperate fully with our investigation; or fail to promptly report any interaction with law enforcement during your rental;
• Intentionally or with willful disregard cause or allow damage to the Trailer.

1.6 Misrepresentation/Repossession of the Trailer

We can repossess the Trailer at any time in our sole discretion for reasons that include but are not limited to the following: you obtained possession of the Trailer through any fraud or misrepresentation; or the Trailer is found illegally parked, is being used to violate the law or the terms of the Agreement, or appears to be abandoned.

You agree that we do not need to notify you in advance and that we may take any actions reasonably necessary to obtain possession of the Trailer. If the Trailer is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the Trailer. You agree that such costs will be charged to the payment card or account used to rent the Trailer.

If the Trailer is repossessed because of fraud or misrepresentation, except where expressly prohibited by Applicable Law, liability protection and products or services will be automatically null and void.

2.Rental Charges and Collections

2.1 Standard Charges

Payment in full must be made prior to receiving the trailer. You will pay certain taxes, including sales and use taxes (i.e. Pennsylvania State Sales Tax 6%, Allegheny County 7%, etc.), and other similar fees imposed by local, state, federal, or other authorities, by means of payment acceptable to us.

In addition, no refunds will be given for early return.

2.2 Miscellaneous Fees/Charges

Except where prohibited by Applicable Law, you will also pay us the following miscellaneous fees and charges, where applicable:

2.2(a) Cleaning Fees

You will pay a reasonable fee for cleaning the Trailer's interior or exterior for what we determine in our sole discretion are excessive stains, trash, dirt, soilage, odors, or pet hair after the Trailer is returned.

If we discover any evidence of violation of our smoke-free and vape-free policy as provided hereunder, we may charge a fee for interior cleaning and for repair of any damage caused by your violation of this policy.

2.2(b) Additional Authorized Individuals

We may charge a fee, as stated in your Agreement, for each Additional Authorized Individual, as provided in Paragraph 1.1.

2.2(c) Key Recovery Fee

We may charge a fee to cover the cost to us for replacement if you do not return the same number of keys to the Trailer that you received at the beginning of the rental.

2.3 Payment Method

You agree that you are responsible for all charges arising out of this Agreement. If we are directed to bill any charges made under this Agreement to any third party, such as an employer or insurer, you represent that you are authorized to do so by the third party. You are jointly and severally liable with any third party to whom the billing is directed.

We may perform a credit check on your method of payment to ensure worthiness before releasing the Trailer. If we perform a credit check on your payment card, you may also be asked to present a second form of current identification.

If you present a payment card at the time of rental, we may reserve an amount with the card issuer based on our estimate of your charges. We may charge any amounts due us including, but not limited to, any amounts in excess of the minimum rental charges agreed to under this Agreement, against that credit card, which also includes charges determined to be due after return of the Trailer.

If we permit you to pay by check, you agree to pay us a fee for any check used for payment if it is dishonored and returned to us unpaid and any bank charges we incur in connection with that returned check. We are not obligated to present any check for payment more than once.

2.4 Payment Card Reserve

If you use a payment card, including but not limited to a credit card or debit card, or a digital wallet or mobile payment application linked to your payment card, to make this rental reservation or to pay for the rental, you acknowledge that the card issuer may set aside or reserve an amount up to the greater of:

• The estimated total charges due under Paragraph 2, including all subparts, as stated in the Agreement; or
• The deposit amount as stated on signs at the location where your rental begins.

We are not responsible for any fees or charges by the payment card issuer because of the reservation, including overdraft fees. We will authorize the release of any excess reserve after the standard charges have been billed and the Trailer has been returned to us according to this Agreement.

We do not control payment card issuers, so we cannot guarantee the immediate availability of funds once we have released them. This Paragraph does not waive our right to make charges against your card in excess of the reservation or to make additional charges after we have released the reservation to the extent that the charges are otherwise authorized by this Agreement.

2.5 Errors/Adjustments

We will provide you with a preliminary statement of charges at or near the time you return the Trailer. This statement is not final, and you may be responsible for additional charges, including but not limited to convenience fees, fines, HOA permits, citations and penalties, charges for damage to the Trailer, and other charges that have not yet been assessed or calculated as of the date of the statement.

You will continue to be responsible for payment of further charges determined later and will receive a refund to the extent we review the preliminary statement and identify any excess charges.

If you rent from us under a commercial account, you acknowledge that we are entitled to contact the account regarding any unpaid charges and to share with the account any information you have shared with us in connection with this Agreement. If you do not rent using a commercial account, you acknowledge that you are personally liable for all unpaid charges regardless of any agreement you may have with your employer or any other person for reimbursement of the charges.

2.6 Collections

You agree to pay a late fee of 1.5% per month, or the highest rate permitted by Applicable Law, whichever is less, for any amounts, including but not limited to charges, fines, HOA permits, and all matters associated with the rental and/or damage to or loss of the Trailer, including but not limited to acts of nature, under this Agreement if they are not paid within fourteen (14) days after we demand payment.

You also agree to pay for any costs we may reasonably incur in collecting the unpaid charges or other amounts due under this Agreement including, but not limited to, court costs and attorneys' fees, including on appeal, and insufficient funds fees for rejected checks.

We may engage attorneys and/or third-party collection agents to collect unpaid charges. You agree that we are entitled to share any information provided by you in connection with this Agreement with our attorneys or third-party collection agents and that, except where prohibited by Applicable Law, any fees or costs billed to us by our attorneys and/or a third-party collection agency in collecting amounts owed under this Agreement will be included in costs we may recover from you.

You understand that, to the extent that there are any unpaid charges, we reserve the right to report information to appropriate credit reporting agencies, and you authorize us to share the information necessary for such reporting.

2.7 Fines, Expenses, Costs, and Administrative Fees

You agree to pay all fines, HOA permit fees, penalties, and court costs, if assessed directly against you. You also agree that we may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction.

To the extent any tickets, citations, fines, HOA permit fees, penalties, or administrative fees are assessed against us because of the operation or use of the Trailer from the time you take possession of it until it is returned to us, you agree to indemnify us from all resulting damages, losses, costs, and expenses. We have no obligation to contest or otherwise defend you against any alleged infraction.

You agree that we may, in our sole discretion if Applicable Law allows the fine to be assessed against us or the Trailer, pay all tickets, citations, fines, HOA permit fees, and penalties on your behalf directly to the issuing authority and unilaterally charge the payment card you provided us for the fine or penalty, plus court costs, attorneys' fees, bonds or sureties, or other costs incurred by us as a result, including but not limited to impound fees or other costs to recover possession of the Trailer.

If we cannot charge your payment card for such charges for any reason, you are still responsible for such charges. We may also charge you a reasonable administrative fee, to the extent permitted by Applicable Law, for each infraction, not to exceed the lesser of $25 or 10% of the amount we incur.

You are strongly encouraged to promptly pay all fines, HOA fees, penalties, court costs, monetary assessments, fees, surcharges, or other charges assessed against you directly to the court, county government, or other appropriate government agency, and to provide proof of payment to us, to avoid these additional charges.

TKC or any agent we may authorize may process and bill any tickets, citations, fines, HOA permits, and penalties. You authorize us to release the rental and payment card information regarding your rental to any agent we may authorize for the purpose of processing and billing you for any tickets, citations, fines, HOA permits, and penalties incurred by you or assessed against us or the Trailer during your rental plus, where allowed by Applicable Law, a reasonable administrative fee not to exceed $50 per violation.

You authorize us or any agent we may authorize to contact you directly regarding any ticket, citation, fine, or penalty assessed in connection with the use of the Trailer from the time you take possession until the time it is returned to us.

3.Breach of Agreement; Handling of Property and Associated Costs

If you do not honor your obligations under this Agreement, we may charge a reasonable administrative fee and attorney's fees to enforce this Agreement.

If we repossess the Trailer as provided in Paragraph 1.6, we will have a lien on all of your property in the Trailer and/or any equipment attached to the Trailer, which lien will be security for all unpaid charges and expenses due to us under this Agreement. You grant us a security interest in all such property to secure payment of all such charges and expenses. A copy of this Agreement may be filed as a financing statement to perfect that security interest.

We are also authorized to act as your agent for unloading, inventorying, and storing any such property and paying third-party vendors for which we will be entitled to reasonable costs.

If you fail to pay all charges and expenses due us under this Agreement, or after paying you do not retrieve your property, then acting as your agent we, or our agents, may dispose of and/or donate the property at our sole discretion. We need not notify you before such disposal or disposition.

Acting in the same way as your agent, and without prior notice, we may dispose of and/or donate any other property that you, or any person associated with you, leaves on our premises or in the Trailer, which you or they do not retrieve within thirty (30) days from the date of abandonment or recovery of the Trailer.

4.Accidents/Incidents

You must report to us any accident/incident involving the Trailer as soon as it is safely and reasonably possible to do so, provide us with a written report, and otherwise cooperate in our investigation of the incident and recovery of damages.

You understand that if you fail to report any accident, loss, or theft to us within 24 hours, you may be responsible for any loss. You also must promptly report any accident/incident involving the Trailer to law enforcement authorities if required to do so by Applicable Law. You must also immediately report to us any incident related to the Trailer involving law enforcement.

5.Trailer Loss/Damage

You are responsible for and will pay us for all loss or damage to the Trailer whether or not you are at fault from any cause, including, but not limited to, loss or damage caused by collision, accident, theft, vandalism, fire, flood, explosion, natural and/or unknown causes.

You are also responsible for and will pay us as part of our loss for the following: any diminution in value of the Trailer that remains after repair; actual kitchen, storage, impound, and other related fees; Loss of Use ("LOU"), which is defined as the applicable daily rate multiplied by the number of days taken to repair or replace the vehicle, not to exceed 30 days; and a reasonable administrative charge for expenses associated with processing the claim.

You understand that the charges for physical damage to the Trailer, as indicated in our current counter chart, are based on our actual repair experience. You further understand that those charges could exceed or be less than our actual cost for the parts, labor, or outside repairs.

If the Trailer is stolen, or damaged to the extent that it is declared a total loss, you will be responsible for and will pay us our book value or the actual cash value of the Trailer, prior to the loss, less its salvage value, whichever is higher.

If any accessories are not returned by you or you return any damaged regardless of cause, you will pay us our replacement cost for them plus an administrative fee.

If your responsibility is covered by any insurance, payment card benefit, or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the Trailer plus diminished value or the actual cash value of the Trailer, and all incidental loss and administrative fees.

If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party.

You understand that you are not authorized to repair or have the Trailer repaired without our express prior written consent, and that if the Trailer is repaired without our consent, you will pay the estimated cost to restore the Trailer to the condition it was in prior to your rental, per Paragraph 4 above.

6.Indemnification and Waiver

Except where prohibited by Applicable Law, you agree to release, indemnify, and hold us, and our parent and affiliated companies, and our insurance carriers harmless from and against any and all losses, liabilities, damages, claims, demands, awards, costs, attorney's fees, interest, and other expenses incurred by us in any manner from this rental transaction or from the use of or operation of the Trailer by you or any person, regardless of whether that person is an Additional Authorized Individual, including claims by third parties.

7.Kitchen Equipment Liability

8.Applicable Law, Jurisdiction, and Venue

This Agreement shall be interpreted under the laws of PA and the parties stipulate that this Agreement came into existence in Washington County, PA.

The parties agree that any lawsuits relating to or arising out of this Agreement, including but not limited to claims for personal injury, negligence, intentional torts, or breach of contract, will be brought only in Washington County, PA.

9.Reservation Terms and Conditions

9.1 Confirmation; Rates; Deposits

A TKC reservation only guarantees the rate once confirmed with a credit card and shows a customer's preferences for a pick-up location, drop-off location, time of rental, date of rental, and equipment type.

The pick-up location, drop-off location, time of rental, and date of rental selected in a reservation is a preference only and, if a preference selected is not available, TKC reserves the right to offer alternatives to a customer.

9.2 Equipment; Limitation of Liability

All Kitchen Equipment is recommended based on the kitchen manufacturer's guidelines and the specific vehicle information the customer provided. All equipment selected in a reservation is subject to availability at time of pickup. If the equipment requested is not available, TKC reserves the right to substitute equipment at no additional charge to the customer.

Different vehicles may require different kitchen equipment. Some vehicles may not be suitable for kitchen and should not be attempted if they exceed the kitchen manufacturer's guidelines. TKC is not responsible or liable for damages incurred while Kitchen Equipment is in use and does not guarantee or warrant that such equipment is fit for a particular use.

10.Miscellaneous

10.1 Nature of the Agreement

This Agreement solely grants limited permission, subject to the terms and conditions described in the Agreement, to use the Trailer. You are not an agent for us, and this Agreement does not transfer any ownership or other interest in the Trailer.

You may not assign or transfer the rights granted under this Agreement under any circumstances and any attempted assignment will breach this Agreement but otherwise will have no force or effect.

10.2 Waiver of Certain Types of Damages

You waive any claim against us for incidental, special, or consequential damages in connection with the rental.

If a court finds that we have breached this Agreement, your damages shall not exceed the actual charges and fees paid by you to us pursuant to this Agreement.

10.3 Changes or Amendments

No changes may be made to this Agreement except in writing and signed by our authorized representative.

You further agree that we have the unilateral right to change these Rental Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the TKC website and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental Trailer are different.

Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the TKC website, which date will be indicated therein, without any requirement by you to sign the changed Rental Terms and Conditions.

10.4 Cooperation

You agree to cooperate and coordinate with TKC generally and to take any actions TKC reasonably requests in connection with:

• This Agreement; and
• Any disputes, actions, proceedings, suits, and investigations related to this Agreement or your use of the Trailer, including without limitation execution and delivery of any documents TKC reasonably requests, giving testimony under oath, and taking any other actions TKC reasonably requests related to this Agreement or your car rental.

10.5 Contact Information

You agree that we, or any of our third-party vendors, attorneys, or agents in carrying out the terms of this Agreement on our behalf, may use and/or contact you at any telephone numbers, including via text message, email addresses, and physical addresses that you have provided to us in connection with this Agreement.

10.6 Severability

If any provision of this Agreement is held or construed to be invalid by any court having jurisdiction over disputes related to this Agreement, such provision shall, if reasonable to do so, be restated to reflect as nearly as possible the original intentions of the Parties in accordance with the law or, if not reasonable to do so, be deemed to be excluded from this Agreement.

In any event, all other provisions of this Agreement shall remain in full force and effect.