Legal
This is the whole agreement, in advance. You'll sign this exact document before any trailer leaves our yard, and you'll get a copy by email.
How to read this
The boxed sections are the ones that shift risk onto you. They're boxed because Texas law requires them to be genuinely noticeable, and because we'd rather you actually read them than discover them later. You initial each one separately when you sign.
The bracketed fields below are filled in with your booking details on the copy you sign.
| Renter | {{RENTER_NAME}} |
|---|---|
| Driver's license | {{DL_STATE}} {{DL_LAST4}} · Exp. {{DL_EXP}} |
| Mailing address | {{RENTER_ADDRESS}} |
| Phone / email | {{RENTER_PHONE}} · {{RENTER_EMAIL}} |
| Insurance | {{INSURER}} · Policy {{POLICY_NUMBER}} |
| Tow vehicle | {{TOW_VEHICLE}} · Plate {{TOW_PLATE}} |
| Trailer | {{UNIT_NAME}} · VIN {{UNIT_VIN}} · Plate {{UNIT_PLATE}} |
| Rental period | {{START_DATE}} to {{END_DATE}} ({{DAY_COUNT}} days) |
| Daily rates applied | {{RATE_LINES}} |
| Add-ons | {{ADDON_LINES}} |
| Motor vehicle rental tax | {{TAX_RATE}} — {{TAX_AMOUNT}} |
| Rental total | {{RENTAL_TOTAL}} |
| Security deposit hold | {{DEPOSIT}} (authorization hold, not a charge) |
| Commercial / interstate use | {{COMMERCIAL_USE}} |
This Agreement is between Spangler's Trailer Rentals ("Spangler's", "we", "us") and the person named above ("Renter", "you"). It covers your rental of the trailer identified above, together with any equipment we supply with it.
You are renting a trailer only. We are not providing a driver, a tow vehicle, loading assistance, or transportation services. You tow it, you load it, and you are in control of it from the moment it leaves our yard until we accept it back.
We may refuse or end a rental if we believe your tow vehicle is not adequate for the loaded trailer, if your equipment is unsafe, or if you appear impaired. We will refund unused rental days if we refuse at pickup for a reason that isn't your misrepresentation.
Before every rental we inspect the trailer's tires, lights, brakes, breakaway battery, coupler, chains, and structure, and we photograph its condition. We do this again when you return it. You get copies of both.
You must inspect the trailer with us before you leave and tell us then about anything that concerns you. You may refuse the trailer at pickup at no cost if you're not satisfied with its condition. Once you tow it away you are accepting that it was in the condition shown in the pickup photographs.
If something fails while you have it, stop using it and call us. Do not attempt repairs or authorize repairs without our written approval, except a genuine roadside emergency where you must first make the trailer safe.
EXCEPT FOR THE INSPECTION WE DESCRIBE IN SECTION 3, SPANGLER'S MAKES NO WARRANTIES OF ANY KIND ABOUT THE TRAILER, EXPRESS OR IMPLIED. SPANGLER'S SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
YOU ARE RESPONSIBLE FOR DECIDING WHETHER THIS TRAILER IS RIGHT FOR YOUR LOAD AND YOUR TOW VEHICLE. NOTHING WE SAY ABOUT WHAT A TRAILER CAN DO IS A WARRANTY THAT IT WILL DO IT IN YOUR PARTICULAR CIRCUMSTANCES.
You agree that you will:
TOWING A LOADED TRAILER IS DANGEROUS. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF RENTING, TOWING, LOADING, UNLOADING, AND USING THE TRAILER, INCLUDING BUT NOT LIMITED TO:
YOU ACCEPT THESE RISKS FOR YOURSELF AND FOR ANYONE YOU ALLOW TO BE INVOLVED WITH THE TRAILER.
YOU RELEASE, DISCHARGE, AND AGREE NOT TO SUE SPANGLER'S TRAILER RENTALS, ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES ARISING OUT OF OR RELATING TO YOUR RENTAL, TOWING, LOADING, UNLOADING, OR USE OF THE TRAILER — INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SPANGLER'S TRAILER RENTALS, ITS OWNERS, MEMBERS, EMPLOYEES, OR AGENTS, WHETHER THAT NEGLIGENCE IS SOLE, JOINT, CONCURRENT, OR CONTRIBUTORY.
THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS, AND IT DOES NOT WAIVE ANY RIGHT THAT CANNOT LAWFULLY BE WAIVED. IF A COURT HOLDS THIS RELEASE UNENFORCEABLE AS TO ANY CATEGORY OF CLAIM, IT REMAINS FULLY EFFECTIVE AS TO ORDINARY NEGLIGENCE AND ALL OTHER CLAIMS.
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS SPANGLER'S TRAILER RENTALS, ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIM BROUGHT BY ANY THIRD PARTY, INCLUDING YOUR PASSENGERS, HELPERS, EMPLOYEES, AND OTHER MOTORISTS, ARISING OUT OF OR RELATING TO YOUR RENTAL, TOWING, LOADING, UNLOADING, OR USE OF THE TRAILER, TOGETHER WITH ALL RESULTING DAMAGES, JUDGMENTS, SETTLEMENTS, COURT COSTS, AND REASONABLE ATTORNEY'S FEES — INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SPANGLER'S TRAILER RENTALS, ITS OWNERS, MEMBERS, EMPLOYEES, OR AGENTS, WHETHER SOLE, JOINT, CONCURRENT, OR CONTRIBUTORY.
THIS INDEMNITY DOES NOT EXTEND TO SPANGLER'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS. IF HELD UNENFORCEABLE AS TO ANY CATEGORY, IT REMAINS FULLY EFFECTIVE AS TO ALL OTHERS.
You must carry and keep in force auto liability insurance meeting Texas minimum limits (currently $30,000 per person / $60,000 per accident for bodily injury and $25,000 for property damage) throughout the rental. Your insurance is primary for any loss arising from your use of the trailer.
Please actually check this
A typical Texas personal auto policy extends liability to a trailer while it is attached to your vehicle. It usually does not cover physical damage to the trailer itself, and it often stops covering anything once the trailer is unhitched. Call your agent and ask about both. We do not offer a damage waiver, so if your own policy doesn't cover the trailer, nothing does — see Section 7.
You are responsible for the trailer from pickup until we accept it back, and you are responsible for damage to it, theft of it, and loss of it, however caused.
If the trailer is damaged, lost, or stolen, you owe us:
Damage is documented with photographs and supported by a repair invoice or a written estimate, and we give you that documentation. The security deposit is not a cap on what you owe — it's security only.
You must report any accident, theft, or damage to us immediately, and report theft or an accident involving injury to police and give us the report number. Do not admit fault on our behalf or settle anything on our behalf.
SPANGLER'S DOES NOT OFFER, AND YOU CANNOT PURCHASE FROM US, ANY DAMAGE WAIVER, LOSS DAMAGE WAIVER, COLLISION DAMAGE WAIVER, OR SIMILAR PRODUCT. WE DO NOT SELL INSURANCE OF ANY KIND.
THAT MEANS YOU ARE FULLY RESPONSIBLE FOR DAMAGE TO, THEFT OF, OR LOSS OF THE TRAILER FOR THE ENTIRE RENTAL PERIOD, AS SET OUT IN SECTION 6, WITH NO CAP AND NO WAIVER AVAILABLE FROM US.
A TYPICAL TEXAS PERSONAL AUTO POLICY DOES NOT COVER PHYSICAL DAMAGE TO A RENTED TRAILER, AND OFTEN COVERS NOTHING AT ALL ONCE THE TRAILER IS UNHITCHED. BEFORE YOU BOOK, CALL YOUR INSURANCE AGENT AND ASK WHETHER YOU ARE COVERED FOR PHYSICAL DAMAGE TO A NON-OWNED TRAILER, BOTH WHILE TOWING AND WHILE PARKED. IF YOU ARE NOT, YOU MAY WISH TO ADD COVERAGE BEFORE RENTING. WE CANNOT ADVISE YOU ON YOUR INSURANCE AND WE DO NOT VERIFY IT BEYOND CONFIRMING YOU CARRY THE LIABILITY COVERAGE TEXAS REQUIRES.
Every charge is itemized separately on your invoice — rental days, add-ons, and tax each appear on their own line. We do not add a credit card surcharge.
Texas charges a Motor Vehicle Gross Rental Receipts Tax, which we collect and remit: 10% on rentals of 30 days or less, 6.25% on rentals of 31 to 180 days. It is shown as its own line.
We place a {{DEPOSIT}} authorization hold on your card at pickup.
These are our reasonable estimates of costs we actually incur. We keep records supporting them and will show you those records on request.
Return the trailer to our yard on the return date shown above, during agreed hours. If you need longer, call us before the return time — we'll extend it if the trailer isn't already booked, at the applicable daily rate.
The rental ends when we physically take the trailer back and complete the return inspection. Leaving it somewhere, including outside our gate, does not end the rental and does not end your responsibility for it.
IF YOU KEEP THE TRAILER AFTER THE RENTAL PERIOD ENDS WITHOUT OUR CONSENT, YOU MAY BE COMMITTING THEFT OF SERVICE UNDER TEXAS PENAL CODE § 31.04, WHICH IS A CRIMINAL OFFENSE THAT CAN BE A MISDEMEANOR OR A FELONY DEPENDING ON THE VALUE INVOLVED.
WE WILL SEND WRITTEN DEMAND FOR RETURN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE MAILING ADDRESS YOU GAVE US ABOVE. YOU AGREE THAT ADDRESS IS VALID FOR NOTICE AND YOU WILL TELL US IN WRITING IF IT CHANGES. IF YOU DO NOT RETURN THE TRAILER WITHIN THE TIME THE STATUTE ALLOWS AFTER THAT DEMAND, WE MAY REPORT IT TO LAW ENFORCEMENT AND PURSUE CIVIL RECOVERY.
YOU ALSO AUTHORIZE US TO PEACEABLY RETAKE THE TRAILER WHEREVER IT IS FOUND, AND YOU AGREE TO REIMBURSE OUR REASONABLE RECOVERY, TOWING, AND STORAGE COSTS.
You've told us above whether this rental is for commercial use and whether you intend to tow the trailer outside Texas. If either is true, you are responsible for your own regulatory compliance — that can include a commercial driver's license, a medical certificate, a USDOT number, hours-of-service rules, and federal motor carrier inspection and maintenance requirements. We do not advise you on these and we do not assume them.
EXCEPT FOR CLAIMS OF BODILY INJURY BROUGHT BY A CONSUMER RENTER, SPANGLER'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THIS RENTAL.
SPANGLER'S IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST WAGES, DELAY, MISSED DEADLINES, COST OF SUBSTITUTE EQUIPMENT, OR DAMAGE TO PROPERTY YOU ARE HAULING — EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.
THIS LIMITATION DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS, AND DOES NOT LIMIT ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE RENTAL. THIS WAIVER IS MUTUAL AND APPLIES EQUALLY TO SPANGLER'S AND TO THE RENTER.
YOU CONFIRM THAT YOU HAD THE OPPORTUNITY TO READ THIS AGREEMENT IN FULL BEFORE SIGNING, TO ASK US QUESTIONS ABOUT IT, AND TO CONSULT AN ATTORNEY IF YOU WISHED. EITHER PARTY MAY STILL BRING AN INDIVIDUAL CLAIM IN A TEXAS JUSTICE COURT.
We collect your license, insurance, contact, and payment details to verify who you are and to run the rental. We describe exactly what we collect and what we do with it in our Privacy Policy. We never sell your personal information, and we never publish a renter's information anywhere.
13.1 Texas law governs this Agreement, without regard to its conflict-of-laws rules. Spangler's Trailer Rentals is located in Guadalupe County, Texas, and the trailer is delivered and returned there.
13.2 Severability. If any provision is held unenforceable in whole or in part, it will be reformed to the maximum extent enforceable, and the rest of this Agreement stays in full effect.
13.3 Entire agreement. This document and your booking confirmation are the whole agreement between us about this rental, and they replace any earlier conversation, email, or advertisement. You are not relying on anything we said that isn't written here.
13.4 No waiver. If we don't enforce something once, that doesn't mean we've given it up.
13.5 Changes. Any change to this Agreement must be in writing and agreed by both of us. We cannot change the terms of a rental already under way.
13.6 Notices. We'll use the email and mailing address you gave us. Tell us in writing if either changes.
13.7 Attorney's fees. In any action to enforce this Agreement, the prevailing party may recover its reasonable attorney's fees and court costs.
By checking the box and typing your name, you consent to sign this Agreement and receive related records electronically, and you agree your electronic signature has the same legal effect as a handwritten one.
You have the right to receive a paper copy at no charge — just ask. You may withdraw your consent to electronic records at any time by contacting us; withdrawal doesn't affect records already provided or a rental already under way. To access these records you need a device with internet access, a current web browser, and software that opens PDF files. Giving us an email address where you can receive this Agreement confirms you can access it in that form.
| Signed by | {{SIGNER_NAME}} |
|---|---|
| Signed at | {{SIGNED_AT}} ({{TIMEZONE}}) |
| From | IP {{SIGNING_IP}} · {{USER_AGENT}} |
| Agreement version | {{AGREEMENT_VERSION}} |
| Document hash | {{DOCUMENT_HASH}} |
A note from us
We wrote this to be readable rather than impressive. If any part of it doesn't make sense to you, ask us before you sign — a question now is much cheaper than a disagreement later.