This Dumpster Rental Service Agreement (“Agreement”) is entered into by and between Stark Construction LLC, doing business as Stark Dumpsters (hereinafter referred to as “Stark Dumpsters”), and the customer identified in the accompanying invoice (“Customer”). This Agreement, together with the invoice and any related rental documents, is effective as of the Rental Date shown on the invoice (the “Effective Date”). Customer hereby agrees to the services, rates, and terms set forth in the invoice and in this Agreement.

Prohibited Waste

Customer Presence (Important):
Customer must be present at the time of dumpster delivery to confirm placement and sign the Dumpster Rental Service Agreement electronically through Docusign or by providing a physical signature at drop off. If the customer is not present at delivery, a Dry Run Fee will apply.
 

Customer shall not place or permit the placement of the following in any Stark Dumpsters equipment:

1. Liquids of any kind (paint, solvents, oils, fuels, pesticides).

2. Hazardous or toxic substances as defined by federal, state, or local law.

3. Tires.

4. Batteries, electronics containing batteries, or pressurized cylinders/tanks.

5. Refrigerants/appliances/AC units unless certified as fully drained.

6. Asbestos, medical waste, or biohazardous materials.

7. Radioactive, volatile, corrosive, highly flammable, or explosive materials.

8. Any item prohibited by disposal facility rules or by law.
    

Weight & Overload Policy

10-Yard Dumpster (Heavy Materials: dirt, rock, brick, concrete)

• Max 10–12 tons (20,000–24,000 lbs).

• Fills about ¾ full with dense material.

• Do NOT fill to the top.

 

20-Yard Dumpster (Heavy Materials: dirt, rock, brick, concrete)

• Max 12–14 tons (24,000–28,000 lbs).

• Fill ½ full or less depending on material density.

• Do NOT fill to the top.

 

Customer Notice — Overweight Dumpsters

• Loads over limits may result in added charges, refusal of pickup ($75 per trip), or customer offloading at their expense.

• If Stark Dumpsters must empty/reload an overweight dumpster, a minimum $600 fee applies.

• Extra equipment or an additional box will be billed separately.

• Service covers a 30-mile radius; beyond that, add $2.50 per mile.

• Customer is responsible for DOT compliance and any fines, penalties, or delays from overweight loads.

​

This transaction made between Stark Dumpsters and Customer is expressly limited to and made conditional upon Customer’s assent to and acceptance of this Agreement, including the terms and conditions attached hereto, and as set forth in any related rental document, including, but not limited to any quotation, proposal, acknowledgement, and/or invoice (“Rental Documents”). The Rental Documents constitute the entire agreement between Stark Dumpsters and Customer. Any of Customer’s terms contained in any request for quotation, purchase order, release, acknowledgement, or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, reflected and excluded, and shall be of no force or effect.
 

Additional Fees

1. Extra Day Fee — $15 per day after the included 7-day rental.

2. Prohibited Waste Fee — applies for each prohibited item placed in the dumpster.

3. Overweight Fee — $75 per ton over the included weight limit (scale tickets govern).

4. Dry Run Charge — $75 if delivery/pickup is blocked, unsafe, or the dumpster is overfilled.

5. Relocation Fee — $75 if the dumpster must be moved after initial placement.

6. Cancellation Fee — applies if an order is cancelled after being placed.

7. Same-Day Cancellation — if cancelled on the day of delivery, a Dry Run Charge also applies.

8. Overweight Handling — if Stark must empty/reload an overweight dumpster, a minimum $600 fee applies; additional equipment or an extra box will also be billed.

9. Mileage Surcharge — service includes a 30-mile radius; beyond that, $2.50 per mile will be added.

TERMS AND CONDITIONS

1. Services Rendered. Customer grants to Ss the exclusive right to collect and dispose of all of Customer’s Waste Materials (as defined below) and agrees to make payments to Stark Dumpsters as described herein, and Stark Dumpsters agrees to furnish the services and equipment specified above, all in accordance with the terms of this Agreement.

2. Term; Termination. The initial term (“Initial Term”) of this Agreement shall be through last date included in the Rental Date, except for Articles 4, 5, 7 - 11, 13 and 15 – 20 which shall expressly survive the expiration or termination of this Agreement. After the initial term of this Agreement, this Agreement shall automatically renew for the shorter of (a) successive one-month terms or (b) the date that Customer and Stark Dumpsters mutually agree to be the termination of this Agreement (each a “Renewal Term,” and together with the Initial Term, the “Term”) thereafter.

3.  Waste Materials. The waste materials to be collected and disposed of by Stark Dumpsters pursuant to this Agreement consist of all solid waste generated or collected by Customer at the location specified on the first page of this Agreement (the “Waste Materials”); provided, however, that the term Waste Materials specifically excludes and Customer agrees not to deposit in Stark Dumpsters equipment or place for collection by Stark Dumpsters any Prohibited Waste (as defined above), radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous waste or material as defined by applicable federal, state or local laws or regulations, any other items, materials and substances that are prohibited from being stored by Stark Dumpsters or disposed of by Stark Dumpsters under applicable federal, state or local laws or regulations and any other items, materials and substances that Stark Dumpsters lists on its website that it does not agree to store or dispose of for any customers (“Excluded Waste”). Customer agrees that it is solely and exclusively responsible for complying with all applicable federal, state or local laws and regulations related to Waste Materials and Excluded Waste.

4. Title. Title to and liability for any Excluded Waste shall remain with the Customer and Customer expressly agrees to defend, indemnify and hold harmless Stark Dumpsters from and against any and all damages, penalties, fines, liabilities and costs (including reasonable attorney’s fees) resulting from or arising out of the deposit of Excluded Waste in Stark Dumpsters’ trucks, containers or other equipment. 

5. Payments. Customer agrees to pay Stark Dumpsters for the services and/or equipment furnished by Stark Dumpsters in accordance with the charges and rates provided for in the Rental Documents. Failure of Customer or Stark Dumpsters to sign an invoice or otherwise acknowledge receipt of service in writing shall not be grounds for non-payment for services provided by Stark Dumpsters under the terms of this Agreement. Payment shall be made by Customer to Stark Dumpsters as of the Due Date as set forth in the invoice included with this Agreement. Stark Dumpsters may impose and Customer agrees to pay a late charge as determined by Stark Dumpsters for all past due payments, and interest on all past due payment at the lesser of either (a) the rate of one and one-half percent (1.5%) per month or (b) the maximum rate allowed by applicable law. All payments made by credit or debit card will incur a 3.5% processing fee, which will be added at the time of payment to cover merchant processing charges.

6. Service Changes and Amendments. Changes to the type, size and amount of equipment, the frequency of service, and corresponding adjustments to the rates, may be made by agreement of the parties, evidenced orally, in writing or by the practice and actions of the parties, without affecting the validity of this Agreement and this Agreement shall be deemed amended accordingly. This Agreement shall continue in effect for the Term provided herein and shall not be affected by any changes in Customer’s service address if any new services address is located within Stark Dumpsters’ service area. Should Customer change its services address to a location outside Stark Dumpsters’ service area, either party may cancel the Agreement upon thirty days’ written notice to the other party. Any other amendment to this Agreement not otherwise expressly provided for herein shall be made in writing and signed by both parties.

7. Responsibility for Equipment. Any equipment furnished hereunder by Stark Dumpsters shall remain the property of Stark Dumpsters, however, Customer acknowledges that it has care, custody, and control of the equipment while at Customer’s location and accepts responsibility for all loss or damage to the equipment (except for normal wear and tear or for loss or damage resulting from Stark Dumpsters’ handling of the equipment) and for it contents. Customer agrees not to overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend, and hold harmless Stark Dumpsters, its employees, and agents against all claims, damages, suits, penalties, fines, liabilities, and costs (including reasonable attorney’s fees) for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment. Customer agrees to provide unobstructed access to the equipment on the scheduled collection day, including removal of ice and snow. If the equipment is inaccessible so that the regularly schedule pick-up cannot be made, Stark Dumpsters will promptly notify Customer and afford Customer a reasonable opportunity to provide the required access, however, Stark Dumpsters reserves the right to charge additional fee(s) for inaccessibility, delay and/or any additional collection service required by Customer’s failure to provide such access. In Stark Dumpsters’ sole discretion and expense, Stark Dumpsters reserves the right to substitute equipment with equipment that is larger than provided for in the Rental Documents. The word “equipment” as used in this Agreement shall mean all containers provided by Stark Dumpsters for the storage of Waste Materials, and other devices as specified in the invoice included with this Agreement. 

8. Damage to Pavement/Obstructions. Customer warrants that Customer’s pavement, curbing and other driving surface or any right of way reasonably necessary for Stark Dumpsters to provide the services described herein are sufficient to bear the weight of all of Stark Dumpsters equipment that are reasonably required to perform such services. Customer warrants that overhead wires, structures, signs, banners, vegetation and all other potential obstructions are at adequate and safe height to allow clear access for and to Stark Dumpsters equipment. Stark Dumpsters will not be responsible for damage to any such pavement, curbing, driving surface, right of way, wires, signs, banners, vegetation, structures, or obstructions and Customer agrees to assume all liabilities for any such damages, which results from the weight or height of Stark Dumpsters equipment providing service at Customer’s location.

9. Cancellation Fees. If Customer defaults or attempts to cancel Stark Dumpsters’ services to this Agreement prior to termination of this Agreement, Customer shall pay all past due sums, the Cancellation Fee, the Dry Run Fee (if applicable), and the amounts owed for the remainder of the Initial Term and/or Renewal Term of this Agreement. 

10. Attorney’s Fees. If Customer defaults or otherwise breaches this Agreement, Customer shall pay, to the extent permitted by law, all of Stark Dumpsters’ reasonable attorney’s fees and costs Stark Dumpsters incurs to enforce its rights against Customer for cancellation of this Agreement. 

11. Customer Presence. Customer must be present at the time of dumpster delivery to confirm placement and sign the Dumpster Rental Service Agreement electronically through Docusign or by providing a physical signature at drop off. If the Customer is not present at delivery, a Dry Run Fee will apply.

12. All Other Fees. Customer agrees that, in accordance with the stipulations of this Agreement, it shall be responsible for and will ensure the full payment of all additional fees payable under this Agreement. This obligation includes, but is not limited to, the fees enumerated in the first and second pages of this Agreement. 

13. Breach, Suspension and Termination for Cause. If either party is in breach of this Agreement during the Term, the other party may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement shall be effective until the complaining party has given written notice of such breach to the breaching party and the breaching party has failed to cure such breach within ten days after its receipt of such notice. Upon any such failure to cure, the complaining party may terminate this Agreement by giving the breaching party written notice of such termination, which shall become effective upon receipt of such notice.

14. Indemnification. Customer agrees to indemnify, defend and hold harmless Stark Dumpsters, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind of nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Customer’s failure to obtain and/or maintain any required Permit; (b) Customer’s use or storage of Excluded Waste in the equipment; (c) loss or theft of the equipment; (d) damage and/or destruction of the equipment during the applicable rental term; (e) personal injury and/or property damage relating to Customer’s use and/or possession of the equipment; (f) physical damage to streets, roadways and/or driveways caused by the equipment; and (g) Customer’s breach of the Rental Documents. 

15. Permits. Customer acknowledges that certain locations and/or uses of the equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to Stark Dumpsters that Customer (and not Stark Dumpsters) is solely responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the equipment. 

16. Waiver; Limitation of Liability and Disclaimer of Warranties. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF STARK DUMPSTERS, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST STARK DUMPSTERS RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT FROM STARK DUMPSTERS AND/OR STARK DUMPSTERS’ PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN RELATED TO OR ARISING FROM THE STORAGE OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND STARK DUMPSTERS MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS. 

17. Assignment. Customer shall not assign this Agreement without the prior written consent of Stark Dumpsters. Stark Dumpsters may assign this Agreement to successors or assigns, including any successor by merger, consolidation, reorganization or an entity that acquires all or substantially all of the assets of Stark Dumpsters or who acquires a majority of the Stark Dumpsters’ equity securities or voting interest or all or substantially all of Stark Dumpsters’ business. 

18. Excused Performance. Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or for delay in its performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to access a container, fires, inclement weather and acts of God, and such failure shall not constitute a breach under this Agreement. For the avoidance of doubt, however, a law or government order, ordinance or award establishing an exclusive franchise or similar right for a service provider in Stark Dumpsters’ service area shall not excuse Customer’s performance hereunder.

19. Binding Effect. This Agreement is a legally binding contract on the part of Stark Dumpsters and Customer and their respective heirs, successors, and permitted assigns in accordance with the terms and conditions set out herein. 

20. Venue; Waiver of Jury Trial. Customer agrees that venue in any action to enforce or interpret the provisions of this Agreement shall be proper in the County in which the Customer’s service address listed on the first page of this Agreement is located or in the County in which the Stark Dumpsters’ principal office is listed on the first page of this Agreement, as determined in the sole discretion of the Stark Dumpsters. CUSTOMER AND STARK DUMPSTERS HEREBY BOTH AGREE TO WAIVE THE RIGHT TO A JURY TRIAL. 

21. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto concerning the matters described herein and supersedes any and all prior or contemporaneous agreements, whether written or oral, that may exist between the parties regarding the same. This Agreement shall be governed by the laws of the State in which Stark Dumpsters’ principal office listed on the first page of the invoice is situated, without regard to conflicts of law provisions. This Agreement may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by way of written instrument signed by both parties.