Terms and Conditions

Portable Restrooms | Handwash Stations | Temporary Fence Panels | Related Equipment

These Terms and Conditions apply to the rental, delivery, setup, service, relocation, use, and removal of portable restrooms, handwash stations, temporary fence panels, trash cans, trailers, and related equipment provided by Today Site Services, Inc. (“TSSI”)

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1. Acceptance of Terms

Customer shall be deemed to have accepted these Terms and Conditions upon the earliest of the following:

a. Customer signs or electronically approves a quote, order, service agreement, or invoice;
b. Customer requests that TSS! proceed with delivery, setup, service, relocation, or removal;
c. Equipment is delivered to the jobsite, event site, yard, residence, or other designated location and is accepted or used by Customer; or
d. Customer makes payment on any invoice.

These Terms and Conditions apply to the current order and to future orders unless replaced by a later written agreement, quote, or service order issued by TSSI.

2. Quotes, Scheduling, and Cancellation

a. Quotes are valid for 30 days unless otherwise stated in writing.
b. Delivery dates, service dates, and removal dates are estimates unless otherwise confirmed by TSSI.
c. Customer is responsible for confirming that the site is ready and accessible for the scheduled delivery, service, relocation, or removal date.
d. Changes requested after scheduling may result in additional charges, including relocation fees, return trip fees, wait time fees, after-hours fees, emergency service fees, or additional service charges.
e. Cancellation Policy; Cancellation Protection. Cancellations made seventy-two (72) hours or more before the scheduled delivery, setup, or event date will not be charged a cancellation fee. If a customer cancels within seventy-two (72) hours of the scheduled delivery, setup, or event date, the customer will be charged a cancellation fee equal to twenty percent (25%) of the rental fee.

3. Site Access and Placement

a. Customer is responsible for providing a safe, legal, and accessible location for delivery, setup, service, relocation, and removal of all equipment.
b. All equipment must be placed within twenty-five (25) feet of vehicle access unless otherwise agreed in writing by TSSI.
c. Customer is responsible for ensuring the site has adequate access for TSSI trucks and equipmentin all expected weather conditions during the rental period.
d. Customer is responsible for making sure the site is reasonably level, stable, and suitable for the equipment ordered.
e. TSSI will place equipment where the Customer directs, within reason, so long as the location appears reasonably safe and accessible.
f. If Customer is not present at delivery, Customer must clearly mark or communicate the requested placement location in advance. If no clear instructions are provided, TSSI may place the equipment using its best judgment. Any requested relocation after delivery may result in additional charges.
g. If TSSI must wait on site for Customer directions, site access, gate access, or other delays not caused by TSSI, wait time will be charged at $100 per hour, billed in 15-minute increments.
h. Customer is responsible for keeping all rented equipment accessible for routine service and removal during the rental period.

4. Permits, Permissions, Legal Placement, and Fines

a. Customer is solely responsible for obtaining and maintaining any permits, permissions, approvals, authorizations, or consents required for the delivery, placement, use, service, towing, relocation, or removal of the equipment.
b. This includes permission from property owners, landlords, event organizers, homeowners’ associations, contractors, public agencies, or any other party with authority over the site.
c. Customer is solely responsible for ensuring the equipment may legally be placed, used, parked, stored, and, if applicable, moved or towed at or between the site locations.
d. If TSSI receives any fine, citation, penalty, towing charge, impound charge, administrative assessment, or similar governmental or property-owner charge arising out of Customer’s instructions, Customer’s site conditions, Customer’s failure to obtain permits or permissions, Customer’s failure to ensure legal placement or use of the equipment, or Customer’s towing or movement of the equipment, Customer shall reimburse TSSI for the full amount of that charge, plus a 15% administrative handling fee, and also for any actual attorneys’ fees, court costs, or other out-of-pocket costs reasonably incurred by TSSI in responding to or contesting the matter.

5. TSSI Responsibilities

a. TSSI will deliver the ordered equipment in clean and serviceable condition.
b. All portable restroom rentals include routine service at the service frequency stated on the quote or invoice.
c. Portable restrooms and handwash stations will be stocked with standard supplies appropriate to the equipment and service level ordered.
d. TSS! will use reasonable efforts to perform delivery, service, relocation, and removal on the scheduled dates, subject to weather, route conditions, safety, access, holidays, equipment issues, and events outside TSSI’s control.
e. IF TSSI cannot perform routine service on the scheduled day due to conditions outside TSSI’s control, TSS| may perform service on the next available service day.

6. Customer Responsibilities

a. Customer is responsible for proper use, custody, care, and control of the equipment during the rental period.
b. Customer shall not overload, abuse, damage, modify, tamper with, relocate, or misuse the equipment except where trailer movement is expressly allowed under Section 9 of these Terms and Conditions. c. Customer shall not move any rented equipment without TSSI’s written approval, except where trailer movement is expressly allowed under Section 9.
d. If rented equipment is moved at any time during the rental period, Customer remains fully responsible for that equipment and for all resulting costs, damage, delay, recovery, relocation, reservice, or replacement, regardless of who moved it.
e. Customer is responsible for keeping the equipment area reasonably clean, safe, and accessible.
f. Customer is responsible for removing obstructions that prevent delivery, service, relocation, or removal, including vehicles, equipment, debris, locked gates, animals, or unsafe conditions.
g. TSSI may offer trash can rental and trash service for paper towels and related restroom waste. If Customer does not purchase TSSI trash service, Customer is responsible for all waste at the site, including all trash in and around the rented equipment.
h. Customer acknowledges that TSSI may recommend additional units, increased service, or additional supplies if usage exceeds the original service plan.
i. Itis the Customer’s responsibility to promptly notify TSSI of any damage, malfunction, missing parts, unsafe condition, graffiti, leak, tip-over, trailer issue, or repair need involving the rented equipment.

7. Portable Restroom, Handwash, and Trash Service Terms

a. Portable restrooms, handwash stations, trash cans, and related sanitation equipment shall be serviced according to the service schedule stated on the order.
b. Standard routine service includes pumping restroom waste, restocking standard consumables, and basic cleaning consistent with the service level purchased.
c. Additional service, emergency service, off-schedule service, weekend service, after-hours service, or extra restocking requested by Customer or made necessary by overuse, inaccessibility, contamination, or misuse may result in additional charges.
d. TSSI may require increased service frequency, additional units, or added supplies if TSSI reasonably determines that the current service level is insufficient for the actual usage.
e. Customer agrees not to use the equipment beyond the reasonable capacity for the number of users and service level originally ordered. If actual usage exceeds expected usage, Customer agrees to pay for additional units, supplies, or services reasonably required by TSSI.
f. IF TSS! arrives for scheduled service and is unable to safely access or service the equipment due to conditions outside TSSI’s control, including but not limited to blocked access, locked gates, loose animals, unsafe ground conditions, vehicles, or equipment, Customer will be charged a $55 dry run fee. The missed service will be rescheduled at TSSI’s next available appointment and will be charged at the same service rate.
g. TSSI will not remove waste or material other than normal human waste, toilet paper, and standard restroom-related waste.

8. Temporary Fence Terms

a. TSSI temporary fencing consists of freestanding 6-foot by 12-foot anti-climb fence panels on stands unless otherwise stated in writing or when the ground level dictates that a stand cannot be used. TSSI does not install fence posts in the ground under this Agreement.
b. Customer is responsible for designating the fence layout and placement area.
c. Customer is responsible for ensuring the fence location is permitted, authorized, and acceptable for use at the site.
d. Customer is responsible for making sure the fence area is reasonably clear, accessible, and suitable for setup.
e. Customer is responsible for any relocation, reset, return trip, or reinstallation charges caused by Customer-requested changes, blocked access, tampering, site interference, or unauthorized movement of the fence.
f. Customer understands that temporary fence panels on stands may be affected by weather, wind, surface conditions, third-party contact, or site activity. The customer is responsible for monitoring the fence during the rental period and notifying TSSI if service, resets, or repairs are needed.
g. Rental charges for temporary fence continue until the fence is actually removed by TSSI.
h. Partial fence deliveries, partial removals, partial add-ons, resets, and return trips are subject to TSSI’s then-current minimum trip charge and labor rates.
i. Customer shall keep the fence line and surrounding work area reasonably clear and accessible for delivery, setup, adjustment, service, and removal, including keeping the area free of vegetation, debris, stored materials, vehicles, equipment, and other obstructions.
j. Customer shall inspect the fence layout and installation promptly after setup and shall notify TSSI of any claimed layout, placement, or installation issue within twenty-four (24) hours after installation. If the customer does not notify TSSI within that time, the fence layout and installation will be deemed accepted, except for hidden damage or conditions later caused by others.
k. Damaged or missing anti-climb fence panels, gates, stands, weights, clamps, and other related fence hardware will be billed at TSSI’s then-current replacement rates. If damaged fence or hardware must be removed, reset, repaired, or reinstalled, Customer will also be charged for the related labor, trip, and service costs.
l. fa project is subject to a project labor agreement, prevailing wage, Davis-Bacon, public works reporting, DIR registration, certified payroll, or similar labor-compliance requirement, Customer must disclose that requirement to TSSI before any work is scheduled. TSSI may decline the work, require the customer to self-install, or adjust pricing and terms to account for added labor, compliance, administrative, reporting, or project-specific costs. TSSI is not obligated to perform work under any such requirement unless agreed to in writing and notified in advance.

9. Trailer Rental Terms

a. TSSI may rent portable restroom trailers, including but not limited to the Single Deuce Trailer and Double Deuce Trailer, together with the portable restrooms, handwash stations, and related equipment stated on the quote or invoice.
b. The Single Deuce Trailer rental includes one portable restroom mounted on the trailer, along with the routine service stated on the quote or invoice.
c. The Double Deuce Trailer rental includes two portable restrooms and one handwash station mounted on the trailer, along with the routine service stated on the quote or invoice.
d. Trailer rental includes only the equipment and routine service specifically listed on the quote or invoice. Additional service, additional supplies, emergency service, off-schedule service, after-hours service, excessive cleaning, damage repair, relocation, recovery, or replacement may result in additional charges.
e. If portable restrooms or handwash stations are installed on or used with the trailer, service will be provided only at the frequency, day, and location stated on the quote or invoice. The customer must keep the trailer and all mounted or related equipment accessible for service.
f. Customer is responsible for providing a safe, legal, level, stable, accessible, and suitable location for trailer delivery, placement, service, use, storage, parking, and removal.
g. Customer is responsible for making sure the trailer location is free from unsafe slopes, soft ground, overhead hazards, traffic hazards, blocked access, utility conflicts, unreasonable towing hazards, and any condition that may make delivery, use, service, relocation, towing, or removal unsafe.
h. Customer may tow or move the Single Deuce Trailer or Double Deuce Trailer during the rental period only if the trailer rental is intended for Customer movement and Customer accepts responsibility for safe towing, legal operation, proper hitching, secure transport, lawful parking, and all resulting risks, costs, damage, fines, citations, or claims.
i. Customer is solely responsible for ensuring that any person towing or moving the trailer has the proper vehicle, hitch, towing equipment, driver’s license, insurance, skill, and legal authority to tow the trailer safely and lawfully.
j. Customer shall not overload, modify, tamper with, detach, alter, or misuse the trailer or any equipment mounted on or used with the trailer.
k. Customer shall not move the trailer with unsecured equipment, unsafe loads, open doors, unsecured supplies, loose waste, or any condition that could damage the trailer, portable restroom, handwash station, other property, or create a road hazard.
l. Customer is responsible for keeping the trailer, trailer tongue, coupler, jack, wheels, tires, lights, wiring, safety chains, surrounding area, and any equipment placed on or near the trailer accessible for routine service and removal.
m. Customer is responsible for damage to the trailer, including but not limited to damage to the frame, tongue, coupler, jack, tires, wheels, axle, lights, wiring, safety chains, deck, mounting hardware, signs, locks, restroom mounting components, handwash mounting components, and related parts, unless covered by the Rental Protection Plan or caused solely by TSSI’s negligence or willful misconduct.
n. The Rental Protection Plan may cover repairable accidental damage and graffiti removal to eligible trailer equipment during the rental period, but it does not cover replacement cost, theft, disappearance, missing equipment, total loss, fire, intentional damage, misuse, abuse, overloading, unsafe towing, improper hitching, collision, damage from towing or moving the trailer, damage caused by Customer’s vehicle, damage caused by third-party vehicles, or damage caused by Customer’s failure to maintain safe and legal site or towing conditions.
o. If the trailer or any equipment on or with the trailer is blocked, inaccessible, overloaded, damaged, moved, unsafe, improperly parked, illegally placed, unable to be serviced, or unable to be removed, Customer may be charged additional fees, including dry run fees, return trip fees, relocation fees, recovery fees, labor, repair, replacement, downtime, fines, citations, towing, impound, and related costs.
p. Rental charges for trailers continue until the trailer and all related rented equipment are actually removed by TSSI or returned to TSSI.
q. Excess cleaning, biological contamination, trash removal, pressure washing, deodorizing, repair, or restoration caused by misuse, overuse, prohibited materials, or the Customer’s failure to maintain the equipment may be billed separately and is not covered by the Rental Protection Plan.

10. Prohibited Use and Contamination

a. Customer shall not place or allow any hazardous, toxic, flammable, explosive, radioactive, biohazardous, chemical, paint, petroleum, concrete, grout, grease, sharp objects, or other improper materials in or around the equipment.
b. Customer shall not place trash, debris, bottles, cans, food waste, construction materials, or any other non-approved waste in portable restrooms or handwash stations.
c. Customer shall be fully responsible for all costs associated with contamination, prohibited materials, special cleaning, disposal, remediation, equipment downtime, replacement, governmental fines, and any related damage caused during Customer’s rental period.
d. TSSI may refuse service, suspend service, or remove equipment if contamination or prohibited use is found.

11. Damage, Loss, Theft, Rental Protection Plan, and Graffiti Protection

a. Customer is responsible for all rented equipment from the time of delivery until the time it is removed by TSSI, except to the extent damage is caused solely by TSSI’s negligence or willful misconduct.
b. Customer is responsible for loss, theft, disappearance, vandalism, graffiti, fire, tipping, misuse, unauthorized relocation, collision, contamination, prohibited materials, overloading, and damage caused during Customer’s rental period, unless covered by TSSI’s Rental Protection Plan or caused solely by TSSI’s negligence or willful misconduct.
c. Customer is not responsible for normal wear and tear.
d. TSSI may automatically include a Rental Protection Plan fee equal to ten percent (10%) of the total invoice amount, unless otherwise stated on the quote or invoice. The customer may decline the Rental Protection Plan before delivery by notifying TSSI in writing. If Customer declines the Rental Protection Plan, Customer accepts full responsibility for all damage, graffiti, repair, replacement, cleaning, recovery, and related costs not caused solely by TSSI’s negligence or willful misconduct.
e. The Rental Protection Plan applies only to eligible TSSI-owned rental equipment listed on the quote or invoice, including portable restrooms, ADA restrooms, deluxe restrooms, handwash stations, trash cans, temporary fence panels, gates, stands, weights, related rental equipment, the Single Deuce Trailer, the Double Deuce Trailer, and other rentable trailers.
f. The Rental Protection Plan covers repairable accidental damage and graffiti removal involving eligible rented equipment during the rental period, subject to the exclusions in these Terms and Conditions and any limits stated on the quote or invoice.
g. Coverage is limited to repairable damage and graffiti removal during the rental period. The Rental Protection Plan does not cover replacement cost, theft, disappearance, missing equipment, total loss, fire, intentional damage, misuse, abuse, negligence, unauthorized relocation, contamination, prohibited materials, damage caused by vehicles or heavy equipment, damage caused by unsafe towing or moving of trailers, damage caused by Customer’s vehicle, or damage caused by Customer’s failure to maintain safe, legal, and accessible site or towing conditions.
h. The Rental Protection Plan does not provide liability coverage for Customer, Customer’s employees, subcontractors, guests, invitees, property, vehicles, trailers, towing vehicles, or third parties. Itis a limited contractual damage waiver offered by TSSI for eligible rented equipment only.
i. If the Rental Protection Plan is declined, not charged, waived, unavailable, or if the damage or loss falls outside the Rental Protection Plan, Customer shall be responsible for the actual cost of repair or replacement, including parts, labor, cleaning, transport, freight, downtime, recovery, and related service costs.
j. Customer shall promptly notify TSSI of any loss, theft, damage, graffiti, fire, vandalism, accident, unsafe condition, or repair need involving the rented equipment.

12. Service Suspension or Termination by TSSI

TSSI may suspend service, require increased service, or terminate the rental and remove equipment if:

a. Customer fails to pay any amount when due;
b. Customer breaches these Terms and Conditions;
c. Equipment is being misused, overloaded, contaminated, repeatedly overfilled, repeatedly left inaccessible, or maintained at a service level that TSS! reasonably believes is unsafe, unsanitary, harmful to the equipment, or harmful to TSSI’s reputation;
d. Customer refuses recommended additional service, additional units, or added supplies necessary to maintain sanitary or safe conditions;
e. the site becomes unsafe or inaccessible;
f. prohibited materials or contamination are found;
g. equipment is damaged, stolen, missing, or moved without authorization; or
h. a trailer is being towed, moved, parked, stored, or used in a manner that TSS! reasonably believes is unsafe, unlawful, or likely to damage the equipment or create liability.

Customer remains responsible for all charges due through the date of removal, plus any additional charges for damage, contamination, cleaning, recovery, towing, impound, repair, replacement, or collection.

13. Billing, Card on File, Removal for Nonpayment, and Late Fees

a. All rentals are billed in advance, whether billed weekly, by event, or on a 28-day recurring cycle.
b. Recurring rentals are billed in advance on a 28-day billing cycle unless otherwise stated in writing.
c. After the final full 28-day cycle, any additional rental period may be billed at TSSI’s then-current weekly extension rate. Weekly extension rates are higher than the prorated equivalent of the 28-day rate.
d. Event rentals and short-term rentals may be billed using separate event, daily, weekend, weekly, delivery, setup, service, and removal pricing as stated on the quote or invoice.
e. Setup, delivery, removal, relocation, return trip, emergency service, after-hours service, extra service, cleaning, contamination, damage, repair, and replacement charges may apply if applicable to the order or site conditions.
f. Customer authorizes TSSI to keep a valid credit card on file and to charge approved invoices, past due balances, damage charges, cleaning charges, contamination charges, trailer charges, Rental Protection Plan charges, and other amounts due under this Agreement. The card on file shall remain valid and available until the final invoice is paid in full.
g. If any invoice remains unpaid for 14 days after its due date, TSS] may remove all rented equipment without further notice, subject to site access and safety.
h. Ifan account becomes fourteen (14) days late, Customer agrees that the unpaid rental period may be recalculated and billed at TSSI’s then-current weekly rate for the delinquent period. In addition, the overdue balance shall be subject to a late charge equal to ten percent (10%) of the overdue balance for each seven (7)- day period, or portion thereof, during which the balance remains unpaid.
i. Customer remains responsible for all collection costs and reasonable attorneys’ fees if collection action is required.
j. Any payments received may be applied by TSSI to the oldest outstanding balance first.

14. Taxes Customer is responsible for all applicable taxes and government-imposed charges related to the rental, delivery, setup, service, relocation, use, towing, parking, storage, or removal of the equipment, whether or not listed separately on the original quote or invoice.

15. Return Trips, Relocation, and Additional Charges

Customer agrees to pay additional charges if TSSI must make an extra trip or perform additional work because of: a. blocked or inaccessible equipment;

b. locked gates or unavailable access;
c. missing instructions or site markings;
d. Customer-requested relocation;
e. Customer-requested service outside the original scope;
f. unauthorized movement of the equipment;
g. contamination, misuse, or damage;
h. delays caused by Customer or site conditions outside TSSI’s control; or
i. trailer towing, parking, storage, placement, access, recovery, repair, or safety issues caused during the Customer’s rental period.

16. Limitation of Liability

a. TSSI shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business, delay damages, project disruption, towing-related losses, vehicle damage, or third-party claims.
b. TSSI’s total liability arising out of any order or rental shall not exceed the amount paid by Customer to TSSI for the specific equipment or service giving rise to the claim.
c. Nothing in these Terms and Conditions shall release TSSI from liability for its sole negligence, willful misconduct, or any liability that cannot lawfully be limited or waived.

17. Indemnity

Customer agrees to defend, indemnify, and hold harmless TSSI and its officers, employees, and agents from and against claims, damages, losses, penalties, fines, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

a. Customer’s use, possession, misuse, relocation, movement, towing, parking, storage, or operation of the equipment;
b. Customer’s failure to maintain safe and legal site conditions;
c. Customer’s failure to obtain required permits, permissions, or approvals;
d. contamination, prohibited materials, theft, vandalism, or damage occurring during Customer’s rental period;
e. the acts or omissions of Customer, Customer’s employees, subcontractors, invitees, or others at the site under Customer’s control; or
f. any trailer towing, transport, hitching, movement, parking, accident, citation, impound, or roadway incident occurring during Customer’s rental period, except to the extent caused solely by TSSI’s negligence or willful misconduct.

This indemnity does not apply to the extent a claim is caused by TSSI’s sole negligence or willful misconduct.

18. No Purchase Order Terms Control Any purchase order, subcontract, customer form, site rules, or other document issued by Customer shall not modify these Terms and Conditions unless TSSI agrees in writing.

19. Corrections TSSI reserves the right to correct clerical, mathematical, typographical, or administrative errors in quotes, invoices, or service documents.

20. Governing Law and Venue These Terms and Conditions shall be governed by the laws of the State of California. Any dispute arising out of or related to these Terms and Conditions shall be brought in the appropriate state or federal court located in California, unless TSS! agrees otherwise in writing.

21. Entire Agreement

These Terms and Conditions, together with the applicable quote, invoice, service order, or written agreement issued by TSSI, form the entire agreement between the parties regarding the equipment and services provided by TSSI.