Standard Rental Terms and Conditions

YANCEY RENTS
STANDARD RENTAL TERMS AND CONDITIONS

Last Update: May 2, 2025

PLEASE READ CAREFULLY: THESE STANDARD RENTAL TERMS AND CONDITIONS (THESE “T&CS”) GOVERN RENTAL OF EQUIPMENT FROM YANCEY BROS. CO. D/B/A YANCEY RENTS (“YANCEY”). THESE T&CS INCLUDE AN INDEMNIFICATION CLAUSE, LIMITATIONS OF YANCEY’S LIABILITY, A FORUM SELECTION CLAUSE, AND A CLASS ACTION WAIVER, AMONG OTHER THINGS. BY EXECUTING (EITHER MANUALLY OR ELECTRONICALLY) A RENTAL AGREEMENT WITH YANCEY THAT INCORPORATES THESE T&CS BY REFERENCE OR ACCEPTING DELIVERY OF ANY EQUIPMENT (OR ANY PART THEREOF) FURNISHED BY YANCEY UNDER A RENTAL AGREEMENT THAT INCORPORATES THESE T&CS BY REFERENCE, CUSTOMER AGREES TO BE BOUND BY THESE T&CS WITH RESPECT TO SUCH RENTAL.

1.            Definitions: In addition to the capitalized terms defined above, the following capitalized terms used in these T&Cs have the following meaning:

(a)   “Agreement” means the applicable Rental Agreement together with these T&Cs and all documents referenced herein, including, if applicable, the Credit Agreement and RPP Brochure.

(b)   “Authorized Operator” means an employee of Customer or such other person who may be approved by Yancey in writing to operate the Equipment, in each case who must be at least twenty-one (21) years old, be properly qualified and trained to operate the Equipment, and possess all valid licenses that may be required by law to operate the Equipment.

(c)   “Credit Agreement” means the Credit Application and Agreement executed by Customer with Yancey (if any), including, where required, the related Unconditional Personal Guarantee. 

(d)   “Customer” means the person or entity identified as the renter of Equipment in the applicable Agreement.

(e)   “Environmental Fee” means the fee described in Section 17 of these T&Cs.

(f)    “Equipment” means the equipment, vehicles, or attachments rented to Customer by Yancey, together with all components of and accessories thereto.

(g)    “Ordinary Wear and Tear” means normal deterioration of the Equipment that is reasonably expected to occur as a result of proper operation of the Equipment during Single Shift Use. For avoidance of doubt, Ordinary Wear and Tear does NOT include any of the following: damage from lack of proper routine inspection or maintenance; damage from collision, overturning, overuse, or improper operation, including overloading or exceeding the Equipment’s rated capacity; damage in the form of breaking, denting, tearing, bending, misalignment, corrosion, or staining; or damage to tires in the form of puncture, bruise, abrasion, or cut or wear at a rate of more than 1/16 inch per month.

(h)   “Rental Agreement” means the rental agreement made between Customer and Yancey, whether made in person at Yancey store location, online or over the phone, or at the time of delivery of the Equipment, which identifies the Equipment to be rented to Customer and which incorporates these T&Cs by reference.

(i)    “Rental Rate” means the rent payable by Customer to Yancey for rental of the Equipment, as identified in the Rental Agreement.

(j)    “Rental Term” means the period commencing when the Equipment is released to Customer by Yancey and ending when Customer returns possession of the Equipment to Yancey.

(k)   “RPP” means the Rental Protection Plan described in Section 10 of these T&Cs.

(l)    “RPP Fee” means the fee described in Section 10 of these T&Cs.

(m)  “Single Shift Use” means operation of the Equipment up to 8 hours per day, 40 hours per week, and 160 hours per 4-week period.

(n)   “Telematics Data” means telematics data regarding the Equipment and its operation, including, its location, status, and performance.

(o)   “Telematics Systems” means hardware and software installed on the Equipment that collects and wirelessly transmits Telematics Data.

2.            RENTAL CHARGE. Customer will be charged the Rental Rate for the Equipment based on time elapsed during the Rental Term (regardless of whether the Equipment is used). The Rental Rate will not be prorated for any fraction of any day, week, or 4-week period, except only for excess use as described below. The Rental Rate is based on Single Shift Use. If operation of the Equipment exceeds Single Shift Use (i.e., more than 8 hours per day, 40 hours per week, or 160 hours per 4-week period), Customer will be charged an additional surcharge for the excess use based on the prorated daily, weekly, or four-week rate, as applicable. The Rental Rate does not include, and Customer is responsible for, transportation charges, operating costs (including cost of fuel and other consumables), taxes, fees, licenses, fines or other governmental charges levied in connection with Customer’s use or possession of the Equipment, costs of inspecting and maintaining the Equipment during the Rental Term as required herein, costs of repairing or replacing damaged or lost Equipment as required herein. Additionally, the Rental Rate does not include, and Customer is responsible for, any applicable miscellaneous fees or charges related to the Equipment rental, such as the Environmental Fee, RPP Fee, refueling service charge, cleaning charge, and lost key charge. Yancey collects these miscellaneous fees as revenue and may use the proceeds at its discretion.

3.            PAYMENT TERMS. All amounts owed by Customer under this Agreement shall be paid to Yancey in full (without offset or reduction for any reason, including any defense, counterclaim, or defect, failure, or condition of the Equipment) in advance at the time of rental or, for any amounts that become payable after the onset of the rental, immediately upon receipt of an invoice from Yancey. Yancey may, in its sole discretion at any time, require Customer to provide a deposit as a condition of the rental. Customer acknowledges that timely payments are critical to Yancey’s business and that it would not be possible or practical to calculate Yancey’s actual damages caused by any late payment. Accordingly, Customer agrees that all late payments will be subject to a late charge equal to the lesser of 1.5% per month or the maximum rate permitted by law. Additionally, Customer shall reimburse Yancey for all costs incurred in collecting any late payment, including reasonable attorneys’ fees and court costs. Notwithstanding anything to the contrary herein, if Customer has entered into a Credit Agreement and been approved by Yancey thereunder for credit payment terms related to the Equipment rental, the terms of such Credit Agreement are hereby incorporated into and made part of this Agreement and shall govern Customer’s payment of amounts due hereunder.

4.            USE OF EQUIPMENT. Customer represents and warrants that: (a) Customer is familiar with the proper operation of the Equipment and had independently determined that the Equipment is fit for its intended use; (b) Customer has obtained from Yancey or otherwise has access to, and has reviewed, the manufacturer’s operating and safety instructions for the Equipment and any other information it may request regarding the operation of the Equipment; (c) the Equipment shall be operated strictly in accordance with the manufacturer’s operating and safety instructions (including within the manufacturer’s rated capacity for the Equipment and with all applicable safety equipment); (d) prior to each use, Customer shall inspect the Equipment and confirm it is safe for use, including that all safety items and features (e.g., fire extinguisher, triangle kit, operating manuals, safety harnesses, back-up cameras, visual and auditory signals) are present and working as intended; (e) the Equipment (including any component thereof) shall not be altered, modified, or tampered with in any manner, unless approved in writing in advance by Yancey; (f) if at any time the Equipment fails, requires repair, or otherwise becomes unsafe to operate, Customer shall cease operating it and notify Yancey immediately; (g) the Equipment shall only be operated for Customer’s legitimate business purposes and in compliance with all applicable laws (including that if the Equipment requires a USDOT number to operate, Customer shall temporarily affix its USDOT number on the Equipment as required by law); (h) the Equipment shall not be used in any unauthorized or abusive manner or in any manner that Yancey determines may cause harm to the Equipment, to any person or other property, or to Yancey’s reputation; (i) the Equipment shall not be recorded or publicized, unless approved in writing in advance by Yancey; (j) the Equipment shall not be operated or transported to any location other than Customer’s jobsite identified in this Agreement, unless approved in advance in writing by Yancey; (k) the Equipment shall at all times be secured against unauthorized access; and (l) the Equipment will only be operated by Authorized Operators; provided, however, that Customer shall remain responsible for the operation of the Equipment by any person during the Rental Term, regardless of whether such person qualifies as an Authorized Operator.

5.            MAINTENANCE. Customer is responsible for performing routine inspection and maintenance on the Equipment during the Rental Term, at its own expense, including: (a) inspecting the Equipment prior to each shift; (b) cleaning dirt and debris as needed, but at least daily; (c) inspecting and maintaining proper fluid levels for all fluid systems in accordance with the manufacturer’s specifications, including any fuel, oil, transmission, crankcase, hydraulic, cooling, grease, and lubrication systems; (d) replacing any cutting edges, bits, teeth or other wear items, in accordance with the manufacturer’s specifications; and (e) maintaining monthly and yearly inspections on any fire extinguishers, in accordance with the manufacturer’s specifications or applicable law. All other inspection or maintenance on the Equipment may only be performed by Yancey or its agents, as it deems necessary. Customer shall notify Yancey of any operation of the Equipment in excess of Single Shift Use, so that Yancey can ensure the Equipment receives preventative maintenance service at the appropriate intervals. Customer shall furnish the Equipment to Yancey as may be requested by Yancey for the purpose of performing any inspection or maintenance.

6.            RETURN OF EQUIPMENT. Yancey may require return of the Equipment at any time, for any reason. Equipment must be returned to Yancey in the same condition it was received, Ordinary Wear and Tear excepted. Customer must return the Equipment full of fuel or will pay Yancey a per gallon refueling service charge at Yancey’s then-applicable rates. Customer must return the Equipment will all keys originally provided or will pay Yancey a lost key charge at Yancey’s then-applicable rates. If the Equipment is returned excessively dirty (meaning requiring more than 30 minutes of cleaning to restore the Equipment to generally the same level of cleanliness as when it was received), Customer will pay Yancey a cleaning charge at Yancey’s then-applicable rates.

7.            LOSS OR DAMAGE TO EQUIPMENT. Customer is responsible for any loss or damage to the Equipment, other than Ordinary Wear and Tear, incurred during the Rental Term from any cause whatsoever, whether due to the fault of Customer or not, including, but not limited to, any loss or damage caused by fire, flood, theft, vandalism, or any acts of God or any third party. For damaged Equipment that is capable of repair, Customer will pay Yancey the costs of repairs at Yancey’s then-applicable rates for labor, parts, and supplies, together with the rental rate on the Equipment until all repairs are completed. Repairs to the Equipment may only be performed by Yancey or its agents. For Equipment that is lost, stolen, or damaged beyond repair, Customer will pay Yancey the then-applicable fair market value of the Equipment, together with the rental rate until the Equipment is replaced. In the event Customer elects to participate in RPP, and provided that all the terms and conditions of the RPP program are met, Customer’s responsibility for loss or damage to the Equipment will be subject to the RPP limitation of liability (as detailed in Section 10 of these T&Cs).

8.            Notice of Loss or Damage; Cooperation. In the event of any loss or damage to the Equipment, Customer agrees to: (a) immediately, and in any event within 1 hour of the incident, notify Yancey of the incident by telephone; (b) promptly, and in any event within 72 hours of the incident, report in writing to Yancey all information deemed by Yancey to be relevant to the incident, using such form of incident report as may be provided by Yancey; and (c) in the event of any vandalism, malicious mischief, theft, conversion, or other crime involving the Equipment, promptly, and in any event within 72 hours of the incident, report such crime in writing to the proper law enforcement authorities and provide Yancey with a copy of such police report as soon as it becomes available. Customer will cause its employees, agents, and representatives to fully and timely cooperate with Yancey and any applicable law enforcement authorities in the investigation and prosecution of any matter relating to any loss or damage of the Equipment, including, but not limited to, providing such statements, documents, or other information as may be requested.

9.             CUSTOMER INSURANCE OBLIGATIONS. During the Rental Term, Customer is required to maintain, at its own expense, with carriers acceptable to Yancey, the insurance coverages described in this Section 9. Prior to commencement of the rental, and upon Yancey’s request at any time during the Rental Term, Customer will provide Yancey a certificate of insurance evidencing the required coverage and providing that such insurance may not be cancelled or materially modified except on 30 days’ notice to Yancey. Yancey reserves the right to deny any rental if proof of sufficient insurance is not provided.  

(a) Liability Insurance: Customer must carry either Commercial General Liability insurance (for any Equipment that is not a titled motor vehicle) or Commercial Auto Liability insurance (for any Equipment that is a titled motor vehicle) covering bodily injury, property damage, and personal injury arising out of or related to the use, possession, storage, or transportation of the Equipment, with limits of not less than $2,000,000 per occurrence. Customer’s liability insurance must include coverage for non-owned equipment or motor vehicles (as applicable) while in Customer’s care, custody, or control, must expressly name Yancey as additional insured, and must provide that coverage under the policy is primary and non-contributory to any insurance carried by Yancey.

(b)  Property Insurance: Customer must carry either Leased/Rented Equipment insurance (for any Equipment that is not a titled motor vehicle) or Auto Physical Damage insurance (for any Equipment that is a titled motor vehicle) covering damage or loss to the Equipment, with limits of not less than $100,000 or the fair market value of the Equipment, whichever is greater. Customer’s property insurance must cover all risks of loss or damage to non-owned equipment or automobiles (as applicable) while in Customer’s care, custody, or control, must expressly name Yancey as loss payee, and must provide that coverage under the policy is primary and non-contributory to any insurance carried by Yancey. Yancey may choose to waive the requirement that Customer carry property insurance under this Section 9(b) if Customer elects to participate in RPP (as detailed in Section 10 of these T&Cs); provided, however, that Customer’s election to participate in RPP does not relieve Customer of its separate obligation to carry liability insurance as required under Section 9(a) of these T&Cs.

10.          RENTAL PROTECTION PLAN. RPP is an optional offering that Customer may purchase to limit its liability to Yancey under the Agreement for loss or damage to the Equipment. RPP IS NOT INSURANCE. RPP IS A CONTRACTUAL LIMITATION OF LIABLITY, WHICH APPLIES ONLY TO CUSTOMER’S LIABILITY TO YANCEY FOR LOSS OR DAMAGE TO THE EQUIPMENT. RPP DOES NOT LIMIT OR OTHERWISE PROTECT CUSTOMER FROM ANY LIABILITY TO YANCEY OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS TO ANY PROPERTY OTHER THAN THE EQUIPMENT OR FOR ANY PERSONAL INJURY.  RPP IS OPTIONAL. CUSTOMER IS NOT REQUIRED TO PARTICPATE IN RPP AND MAY AVOID DOING SO BY PROVIDING YANCEY WITH PROOF OF ADEQUATE PROPERTY INSURANCE AS DESCRIBED IN SECTION 9(b) OF THESE T&CS. IF CUSTOMER chooses to proceed with the rental without having provided proof of SUCH ADEQUATE property insurance TO YANCEY, Customer will be deemed to have opted into RPP with respect to the rental.

If Customer participates in RPP, it will be charged an RPP Fee on the Equipment rental in an amount equal to 16% of the Rental Rate (plus applicable state and local taxes). In exchange for payment of the RPP Fee, and provided that all terms and conditions of the RPP program are met, Yancey agrees to limit the amount it collects from Customer for loss or damage to the Equipment to the lesser of 10% of the cost of repair or replacement (as applicable and in each case calculated pursuant to Section 7 of these T&Cs) or $500, plus applicable state and local taxes. All amounts paid by Customer related to RPP are non-refundable. Yancey maintains ownership of all Equipment regardless of any payments made by Customer or its insurance company related to RPP. If any lost or stolen Equipment is later recovered, it shall be promptly returned to Yancey.

For RPP to apply, the following conditions must be met: (a) unless otherwise approved by Yancey, Customer may only elect to participate in RPP at or prior to the beginning of the Rental Term; (b) Customer is current on its payment of all RPP Fees through the date of the relevant incident; (c) Customer must satisfy its notice and cooperation obligations under Section 8 of these T&Cs with respect to the relevant incident, including submitting an RPP incident report and filing a police report with law enforcement (if applicable) within the required time periods; and (d) the relevant incident must not fall into any of the exclusions to RPP, identified below. Additional information about RPP, including guidelines for reporting incidents under RPP and a link to an online RPP incident report submission form, can be online at https://www.catrentalstore.com/yanceybros/en_US/resources/rentalprotectionplan.html, all of which materials are hereby incorporated into and made part of this Agreement as if fully set forth herein. Customer may also obtain paper copies of any of these RPP materials upon request. FAILURE TO STRICTLY COMPLY WITH ALL TERMS AND CONDITIONS OF THE RPP PROGRAM, INCLUDING ALL PAYMENT OBLIGATIONS AND NOTICE AND COOPERATION REQUIREMENTS, WILL DISQUALIFY CUSTOMER FROM RPP.

Notwithstanding anything to the contrary herein, RPP does not apply to any loss or damage to the Equipment resulting from, arising out of, related to any of the following exclusions:

(a)   Gross negligence or intentional misconduct;

(b)   Usage in violation of Section 4 of these T&Cs, including operation of the Equipment not in strict compliance with the manufacturer’s operating and safety instructions or by any person who is not an Authorized Operator;

(c)   Failure to perform routine inspection and maintenance as required under Section 5 of these T&Cs;

(d)   Failure to notify Yancey of usage in excess of Single Shift Use or to furnish the Equipment to Yancey for purposes of conducting any inspection or maintenance as required under Section 5 of these T&Cs;

(e)   Failure to take reasonable steps to secure the Equipment against unauthorized access, including leaving the keys in the Equipment while not in operation;

(f)    Collision with overhead objects;

(g)   Overloading boom arm or collision while boom arm is in motion;

(h)   Exposure to corrosive materials;

(i)    Exposure to fire, flames, sparks, hot debris, or other sources of heat high enough to damage the Equipment;

(j)    Submersion (fully or partially) in water or unstable soil; or

(k)   Cross-contamination of fluids (e.g., putting DEF or gasoline in diesel fuel tank).

11.          NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, YANCEY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING WITH RESPECT ITS CONDITION, DURABILITY, PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT YANCEY IS NOT THE MANUFACTURER OF THE EQUIPMENT AND THAT THE EQUIPMENT IS BEING RENTED TO CUSTOMER ON AN “AS IS, WHERE IS" BASIS, WITH ALL FAULTS AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST YANCEY. Customer further acknowledges that Yancey is not responsible for providing any operator or other training related to the Equipment and THAT any such training that Yancey may provide is purely incidental, carries no warranty of any kind or nature, and does not relieve Customer of its obligation to ensure the Equipment is operated properly. By taking delivery of the Equipment, Customer acknowledges that it has inspected the Equipment and independently determined the Equipment to be in good, safe, and serviceable condition and fit for Customer’s intended use.

12.          YANCEY LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YANCEY SHALL NOT HAVE ANY LIABILITY FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR ANY THIRD PARTY AS A RESULT OF ANY DEFECT, LATENT OR OTHERWISE, IN THE EQUIPMENT. FURTHER, IN NO EVENT SHALL YANCEY BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR LIQUIDATED DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, LOSS OF USE, DOWN-TIME COSTS, COVER COSTS, OR CONSTRUCTION DELAYS OR COSTS). ADDITIONALLY, under no circumstances shall Yancey’s total liability of any kind or nature arising out of or relating to this Agreement exceed in the aggregate the total RENTAL CHARGES paid or payable to Yancey by Customer hereunder. The limitations of liability set forth herein shall apply regardless of the cause of action or theory of liability (whether breach of contract, tort (including negligence), strict liability, statutory, or otherwise) and regardless of whether YANCEY has been specifically advised of the possibility of such damages.

13.          INDEMNITY. Customer agrees to indemnify, defend, and hold harmless Yancey and its owners, officers, employees, agents, and representatives from and against any and all losses, liabilities, damages, judgments, settlements, costs, and expenses of any kind or nature (including reasonable attorneys’ fees and court costs) incurred in connection with any claim, suit, action, demand, or proceeding asserted or threatened by any third party (including any government entity) resulting from, arising out of, or relating to the use, possession, storage, transportation, or any other activity with respect to the Equipment by Customer or any third party during the Rental Term. Customer shall give Yancey prompt written notice of any such claim hereby indemnified against.

14.          TITLE. This Agreement constitutes a true lease. Yancey retains ownership of the Equipment at all times, and nothing herein shall be construed to grant Customer any right related to ownership of the Equipment or any option to purchase the Equipment. Customer shall not place, or allow to be placed, any lien, levy, attachment, or other encumbrance of any kind on the Equipment.

15.          SUBLETTING AND ASSIGNMENT. Customer may not sublet the Equipment or assign this Agreement or any of its rights hereunder, in whole or in part, to any third party without prior written consent from Yancey. In the event of any sublet or assignment, the subletter or assignee shall be bound by all terms of this Agreement. No such sublet or assignment shall relieve Customer from any of its obligations hereunder. Yancey may freely assign its rights under this Agreement.

16.          DEFAULT; REPOSSESSION. Each of the following events shall be considered a default by Customer under this Agreement: (a) Customer fails to make any payment when due hereunder; (b) Customer fails to maintain any insurance required hereunder; (c) Customer fails to perform any other covenant or obligation or breaches any representation or warranty hereunder; (d) Customer removes, sells, transfers, or sublets all or any portion of the Equipment, or attempts to take any such actions, without the prior written consent of Yancey; (e) Customer places, or allows to be placed, any lien, levy, attachment, or other encumbrance of any kind on the Equipment; (f) Customer's assets become subject to levy, execution, or attachment, (g) Customer dissolves, liquidates, or ceases doing business as a going concern, or files or has filed against it any petition in bankruptcy or otherwise for relief under bankruptcy or insolvency laws, or any petition or proceeding is filed for the appointment of a receiver, trustee, or similar person for Customer or all or any substantial portion of Customer's assets; or (h) Yancey deems itself insecure, whether as a result of tax liens or judgments filed or rendered against Customer, defaults by Customer in payment of its obligations to other parties, or other material adverse change in Customer’s financial condition, assets, liabilities, or results of operations or business of Customer. Upon the occurrence of any default by Customer, Yancey may accelerate the due date of all amounts owed under this Agreement, all of which shall then become immediately due and payable, together with interest accruing thereon at the default rate set forth in Section 3 of these T&Cs. In addition, Yancey and it agents may, without notice, liability, or legal process, enter into any premises of or under control or jurisdiction of Customer, or any agent of Customer, where the Equipment is located or is believed by Yancey to be, and repossess the Equipment, disconnecting and separating all thereof from any other property and taking all action necessary or permitted by applicable law so to do. Customer hereby expressly waives all further rights to possession of the Equipment and all claims of injury suffered through, or loss caused by, such repossession. All remedies of Yancey with respect to any default shall be cumulative and in addition to all other rights and remedies available to it under applicable law or at equity.

17.          Environmental Fee. Yancey is committed to helping protect our environment today and for future generations to come. To that end, we are continuously investing in a wide range of solutions and practices designed to reduce the environmental impact of our rental operations and help us comply with applicable federal, state, and local environmental laws and regulations, including, among other things: proper handling, recycling, and disposal of machine fluids, batteries, rubber tires and tracks, and waste; proper containment, treatment, and disposal of run-off material; and implementation and continuous improvement of wash bays and cleaning systems. To facilitate and help offset the costs of its environmentally friendly efforts, Yancey may charge an Environmental Fee on the Equipment rental in an amount equal to 2% of the Rental Rate (plus applicable state and local taxes). The Environmental Fee is not a tax or a government-mandated charge and is not designated for any particular purpose. Rather, the Environmental Fee is collected as revenue and is used at Yancey’s discretion.

18.          MESSAGING RATES. By providing its cell phone number, Customer consents to receiving text messages from Yancey, Caterpillar, and their respective affiliates and any applicable text messaging or other fee that may be incurred by Customer’s phone provider. Customer may opt out by emailing its request to help@yanceybros.com.

19.          TELEMATICS. Customer acknowledges that the Equipment may be equipped with Telematics Systems that collect Telematics Data and wirelessly transmits such Telematics Data to Yancey, the Equipment manufacturer, or the Telematics Systems manufacturer. Customer agrees that Yancey, the Equipment manufacturer, and the Telematics Systems manufacturer (and their respective affiliates, successors, and assigns) have the right, without further notice or consent to: (a) access and collect Telematics Data directly through the Telematics Systems; (b) update or modify the Telematics Systems from time to time, including, without limitation, to change the Telematics Data that may be accessed or collected; and (c) use and disclose any Telematics Data that may be accessed or collected for their own respective business purposes. If the Telematics Data includes any personal information regarding any individual involved in the use, possession, storage, or transportation of the Equipment during the Rental Term, Customer shall obtain any consent from such person as may be required under applicable law with respect to the collection, use, and disclosure of such personal information by Yancey, the Equipment manufacturer, and the Telematics Systems manufacturer as set forth herein. For Equipment manufactured by Caterpillar, Customer agrees to the terms and conditions of Caterpillar’s Data Governance Statement, available at https://www.caterpillar.com/en/legal-notices/data-governance-statement.html. For further information related to Yancey’s collection, use, and storage of data, visit https://www.YanceyBros.com/privacy-policy/.

20.          GOVERNING LAW AND FORUM. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to any conflict-of-law rules. Customer hereby consents and submits to the exclusive jurisdiction of the state courts of Cobb County, Georgia and the U.S. federal courts of the Northern District of Georgia to adjudicate all legal disputes arising under or relating to the Agreement.

21.          CLASS ACTION WAIVER. Customer agrees that any legal dispute arising under or relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any claim or proceeding brought by Customer may not be consolidated with any claim or proceeding brought by any other person. Customer shall not sue Yancey as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Yancey to the extent Customer’s role in such class action would be predicated upon this Agreement or its relationship with Yancey hereunder. For avoidance of doubt, nothing in this Section limits Customer’s right to bring any claim or proceeding as an individual plaintiff.  

22.          MISCELLANOUS. The Agreement constitutes the entire agreement between Yancey and Customer with respect to the subject matter thereof and supersedes any prior or contemporaneous agreements, promises, or representations regarding the subject matter thereof. No modification to the Agreement will be binding on Yancey unless set forth in a writing signed by Yancey. Yancey’s failure to enforce performance of any provision of the Agreement does not waive Yancey’s right to demand performance of that provision in that instance or in any future instance. The invalidity, illegality, or unenforceability of any provision of the Agreement (or any particular portion of any provision) shall not affect any other provision of the Agreement (or any other portion of such provision) or the validity, legality, or enforceability thereof in any other jurisdiction. All notices required under the Agreement shall be mailed, registered or certified, to Yancey or Customer at their respective addresses set forth in the Rental Agreement. All obligations of Customer under the Agreement, including, without limitation, Customer’s obligations under Sections 7 and 13 of these T&Cs, shall survive any termination of the Agreement. For purposes of these T&Cs, the word “including” (or any derivation thereof) shall be deemed to be followed by the words "without limitation,” and the word "or" is not exclusive. Section headings in these T&Cs have been inserted for purposes of convenience only and shall not be used for interpretive purposes. Customer acknowledges that it has had equal opportunity to review and negotiate the Agreement, including to obtain its own counsel to advise it regarding these T&Cs, prior to entering into the Agreement.  Accordingly, Customer acknowledges and agrees that any principle that ambiguities in a contract should be interpreted against the drafter of the contract shall not apply to the Agreement but rather the Agreement shall be construed as if equally drafted by both parties.