Sunrise Portables, LLC

Rental, Delivery, and Service Terms and Conditions

Last Updated: June 10, 2026

These Terms and Conditions ("Terms") govern the rental, delivery, servicing, maintenance, and retrieval of portable restroom units and related equipment ("Units") provided by Sunrise Portables LLC ("Company") to the customer ("Customer").

By accessing the Company's website located at the domain www.sunriseportables.com (the "Website"), creating or using an account on the Website, requesting an order for delivery or service, accepting delivery, authorizing servicing, or signing any agreement incorporating these Terms, Customer agrees to be bound by these Terms.

1. Agreement; Account

1.1 Agreement. Customer's submission to Company of an order or request for Units constitutes an offer by Customer to form a contract with Company for Company's provision to Customer of Units and related services, and Customer agrees that a contract based upon such order or request ("Contract") shall be formed immediately upon Company's acceptance of such order or request. Company's acceptance may be in the form of electronic acceptance, including but not limited to an automatic electronic acceptance. Customer acknowledges that the transaction between Customer and Company pursuant to such Contract may be an "automated transaction" pursuant to Uniform Electronic Transactions Act. The Contract between Customer and Company shall at all times be subject to these Terms, and by entering into a Contract with Company, Customer expressly agrees to these Terms, as may be amended from time to time. If Customer and Company enter into any subsequent agreement between them or if Company at any time agrees to provide any Units and/or Services (defined below) to Customer, then any such subsequent agreement and the provision of Units and/or Services shall at all times be subject to these Terms.

1.2 Account. To submit an order or request for Units and/or Services, and to receive Units and/or Services from the Company, Customer must create an online account on Company's Website ("Account"), unless Company agrees otherwise. Customer will use the Account to place and track orders, request additional Units and Services, and submit payments to Company. Customer may view its order and payment history in Customer's Account.

2. Rental Term; Scope of Services

2.1 Rental Term. The "Rental Term" begins upon formation of the Contract pursuant to Section 1 above and continues until all Units have been retrieved by Company or until ownership of the Unit(s) transfers to Customer pursuant to Section 9 of these Terms.

2.2 Services. During the Rental Term, Company will provide any of the following services to Customer which have been requested by Customer and agreed to by Company pursuant to the Contract or pursuant to a subsequent agreement between Customer and Company, or which are required by the Company in connection with providing Units to the Customer (collectively, the "Services"): temporary rental of Units; delivery and placement of Units at the Customer's designated site; periodic cleaning, pumping, and maintenance of Units; pickup and retrieval of Units; and such other services relating to the Units as Company may agree. Customer's rights in the Units shall at all times be limited to those rights expressly provided in these Terms and/or any other agreements entered into between Customer and Company relating to the Units. The Units shall remain the property of Company at all times, except as expressly provided in Section 9 of these Terms.

2.3 Required Services. If Customer's rental of Units is for thirty (30) days or more, then Customer shall be required to engage the Company for servicing of the Units during the Rental Term. The costs for such servicing of Units will be as stated in the Contract or quote provided to Customer.

3. Cancellation Policy

3.1 Advance Cancellations. Unless otherwise expressly provided in any Contract or other agreement between Company and Customer or elsewhere in these Terms, Customer may cancel any requests, orders, agreements, or Contract for Services free of charge as long as such cancellation request is delivered to Company at least fifteen (15) days before the scheduled delivery or service date. Company will refund Customer any amounts Customer has paid for such cancelled order.

3.2 Late Cancellations. If Customer cancels any requests, orders, agreements, or Contract, or requests material changes to the Services set forth in any confirmed request, order, agreement, or Contract and such request is not delivered to Company at least fifteen (15) days before the scheduled delivery or service date, then all fees for such cancelled Services shall remain due in full and Company shall not be obligated to refund Customer for any such amounts that have already been paid.

3.3 Multi-Period Rentals. For rentals involving multiple service periods, cancellation charges apply only to the next upcoming scheduled service period and do not accelerate or apply to future periods.

3.4 Cancellation Terms. Upon Customer's delivery of a cancellation request, Customer may not withdraw such cancellation request without Company's agreement. Except as set forth in this Section 3, Customer shall have no right to cancel any requests, orders, agreements, Contracts or Services without Company's agreement.

3.5 Cancellation by Company Without Cause. Company may cancel any request, order, agreement, Contract, or Services if Company determines, in its reasonable discretion, that Company cannot provide the requested Services. In the event of such cancellation, Company shall refund to Customer any amounts Customer has paid for Services not provided.

3.6 Cancellation by Company With Cause. If Customer materially violates any Contract or other agreement between the parties, or these Terms, then Company may cancel any request, order, agreement, Contract, or Services and Customer shall not be entitled to any refund.

4. Placement of Units; Direct Access Requirement

4.1 Placement of Units. Customer shall select a location for placement of the Units ("Unit Location") at Customer's site and provide to Company in advance of the scheduled delivery date specific details of the Unit Location, including a map pin location. The Unit Location shall be sufficiently stable, accessible, and safe for placement of the Units by Company in a manner that Company determines is safe and appropriate, in Company's reasonable discretion.

4.2 Ongoing Access Obligation. Customer shall provide, maintain, and ensure Direct Access to the Units and the Unit Location at the time of delivery and retrieval of the Units and at all times during the Rental Term. If Customer's failure to provide and maintain Direct Access prevents Company from delivering, retrieving, or servicing the Units and/or providing any Services, as reasonably determined by Company, then Customer shall pay the applicable fees as set forth in Company's Fee Schedule.

4.3 Definition of Direct Access. "Direct Access" means the Company's truck and/or truck-and-trailer can drive, free of any access limitations and without the need to use four-wheel-drive or the assistance of a winch or another vehicle, to within 25 feet of the Unit Location using a firm, stable, drivable surface with sufficient clearance to safely service, move, or retrieve the Units. Impermissible access limitations include, but are not limited to: stairs, slopes, uneven terrain, mud, soft ground, saturated grass, locked gates or restricted entry, construction debris or blocked paths, and/or any condition requiring pushing, dragging, lifting, or carrying the Units, even if such limitations are latent or concealed. Direct Access additionally means that Company's employees can safely access the Units and all portions of the Units to which such employees need access for purposes of providing the Services.

5. Customer Responsibility During Rental

Immediately upon delivery of the Units to Customer and thereafter during the entire Rental Term, Customer shall be solely responsible for the custody and security of the Units. Such responsibility of Customer includes, without limitation, maintaining the safety of the Units for all users; maintaining adequate ground conditions under and surrounding the Units; maintaining unobstructed Direct Access to the Units; preventing damage to the Units from any sources or causes; and preventing theft of the Units or any portion thereof. Customer bears sole responsibility for loss of or damage to the Units while at Customer's site, excluding ordinary wear from normal use for which the Units are intended, and Customer assumes and accepts all risk of theft, vandalism, misuse, tipping, fire, environmental exposure, or third-party interference. In the event of any of the foregoing, Customer shall pay all costs, fees, and expenses associated with such occurrence as set forth on Company's Fee Schedule. Once a Unit is placed at the Unit Location by Company, Customer shall not move any Unit without Company's prior approval.

6. Payment

6.1 Standard Payment. Customer shall pay for all Services in advance unless otherwise agreed by Company. The rates for all Services shall be pursuant to Company's Fee Schedule then in effect.

6.2 Invoicing. If Company agrees, in its sole discretion, to provide terms for payment to Customer, then Company will invoice Customer periodically during the Rental Term and upon termination of the Rental Term for all Services and other charges at the rates set forth in Company's Fee Schedule then in effect. Customer shall pay the entire amount due within fifteen (15) days of receipt of such invoice. Invoices not paid within thirty (30) days shall bear interest at the rate of one and one-half percent (1 ½%) per month, accruing daily until paid. Company may suspend or terminate its performance of Services during any periods in which any overdue amounts remain unpaid.

6.3 Payment Processing. Customer acknowledges that Company may use a third-party payment processor (such as Stripe) to processor all payments from Customer. By submitting any payment to Company, Customer agrees to any terms required by such third-party payment processor.

6.4 Authorization for Charges. Customer acknowledges that Company may retain Customer's payment information, including credit card information, which is provided by Customer in connection with creating an Account, placing any order, or making any payment to Company, including payment information provided to a third-party payment processor. Customer hereby authorizes Company to charge Customer's method of payment, using the payment information provided by Customer, for any amounts owed by Customer pursuant to these Terms, any Contract entered into by Customer, or other request for Units or Services placed by Customer. Company shall not be required to obtain Customer's prior authorization for such charge, but Company will provide a receipt for such charge and all such charges will be listed in Customer's Account.

7. Fees and Charges

Unless otherwise agreed, the rates for all Services and all other charges owed by Customer shall be pursuant to the Company's fee schedule ("Fee Schedule") in effect at the time the Services are provided. The Company's fee schedule shall be reflected in any orders or requests for Services placed by Customer through Company's Website. The Company may update its Fee Schedule at any time, and such Fee Schedule shall be effective immediately. Customer may request a current copy of the Fee Schedule at any time.

8. Unsafe Conditions & Right to Refuse Service

Company may, in its sole discretion, refuse to deliver, service, clean, move, or retrieve any Unit where site conditions pose a risk to personnel, equipment, or public safety. Refusal of service does not constitute breach or failure to perform. Company will notify Customer of the reasons for any refusal of service. Customer remains responsible for all remediation, cleanup, disposal, and related costs necessary to restore safe conditions. If Company determines it is appropriate, in its reasonable discretion, Company may perform remediation directly or engage third-party providers, and Customer shall reimburse Company for all associated costs upon demand.

9. Conditional Ownership Transfer

Any of the following events shall, at Company's sole option, be deemed an "Ownership Transfer Event": (i) Customer fails to provide Direct Access to a Unit, and such failure prevents Company from retrieving a Unit for a scheduled pickup; (ii) Customer relocates the Unit without Company's prior written authorization; (iii) Customer prevents retrieval of a Unit after reasonable notice from Company that it intends to retrieve a Unit; or (iv) Customer creates or allows conditions making retrieval by Company unsafe or impracticable. At any time after the occurrence of an Ownership Transfer Event, but prior to Company actually retrieving the relevant Unit, Company may deliver notice of such Ownership Transfer Event. Such notice shall include a brief description of the Ownership Transfer Event, shall state that upon such notice title of the affected Unit(s) shall transfer to Customer, and shall include the replacement cost for the affected Unit(s), which amount Customer shall pay to Company within fifteen (15) days after delivery of such notice. Following Company's delivery of such notice to Customer, the affected Unit(s) shall be the sole property of Customer and Company shall have no further obligation of any kind in connection with such Unit(s). In connection with any Ownership Transfer Event, Company hereby expressly disclaims all warranties of any kind, express or implied, including without limitation, the implied warranty of merchantability and implied warranty of fitness for a particular purpose, and Customer accepts ownership of the Unit transferred pursuant to an Ownership Transfer Event in its as-is condition as of the date of such transfer.

10. Subcontractors

Company may assign or subcontract all or any part of its performance of any Services. Upon request, Company shall provide to Customer a written notice of the names of all subcontractors and the tasks to be performed by each (not including any terms of payment between Company and any subcontractor). Company shall be fully responsible to Customer for the acts and omissions of any subcontractor and all persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relationship between any such subcontractor and Customer.

11. Acceptance

Customer acknowledges that these Terms govern Customer's use and possession of any Units and all rental, delivery, service, and pickup activities of the Units, and Customer hereby agrees to be bound by these Terms.

12. Indemnification

To the fullest extent permitted by Oregon law, Customer agrees to defend, indemnify, and hold harmless Company, its owners, officers, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorney fees) arising out of or related to: (i) the placement, use, condition, misuse, or presence of the Unit and any related equipment at the Customer's site; (ii) site conditions, including ground stability, access limitations, obstructions, or hazards; (iii) acts or omissions of Customer, Customer's employees, contractors, invitees, or third parties; (iv) failure to provide or maintain Direct Access; (v) environmental contamination, biohazard exposure, chemical exposure, or improper disposal of waste; or (vi) Customer's breach of these Terms.

This indemnification obligation survives the end of the Rental Term, pickup of the Unit, or transfer of ownership of any Unit under these Terms.

13. Limitation of Liability

To the maximum extent permitted by law:

13.1 No Consequential Damages. In no event shall Company be liable for indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of use, loss of profits, business interruption, or reputational harm, even if advised of the possibility of such damages.

13.2 Liability Cap. Company's total liability for any and all claims arising out of or related to the rental, delivery, servicing, or retrieval of a Unit shall not exceed the total amount actually paid by Customer to Company for the specific Unit during the three (3) months preceding the event giving rise to the claim, or $5,000, whichever is less.

13.3 No Liability for Site Conditions or Third Parties. Company shall have no liability for damage or injury caused by site conditions, third-party acts, vandalism, theft, weather events, or Customer-controlled conditions.

These limitations apply regardless of the legal theory asserted, including contract, tort, negligence, strict liability, or otherwise.

14. Waiver, Choice of Law, & Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such item or condition by the other party. All transactions shall be governed by the law of the State of Oregon, excluding conflict of law rules. The parties hereby submit to jurisdiction in Washington County, Oregon.

15. Attorney Fees; Collection Costs

In any action, arbitration, or proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorney fees, costs, and disbursements, including fees incurred at trial, on appeal, and in post-judgment collection, as provided under Oregon law. If Customer fails to pay any amount due under these Terms or the Contract when owed, Customer shall be responsible for and agrees to pay to Company upon demand all costs of collection incurred by Company in enforcing its right to payment and in collecting any overdue amounts from Customer. Such costs may include, without limitation, collection agency fees, reasonable attorneys' fees, court costs, filing fees, administrative expenses, and any other costs incurred in recovering past-due amounts. These obligations shall apply whether or not litigation is commenced and shall survive termination or expiration of any Contract between the parties.

16. Electronic Acceptance & Clickwrap Consent

Customer agrees that: (i) these Terms and any contract or other agreement between Customer and Company may be accepted electronically; (ii) clicking "I Agree" and/or checking an acceptance box on Company's forms or interface constitutes Customer's affirmative assent and intent to form an agreement with Company to these Terms and the terms of any contract, form, or interface on which such acceptance box appears; (iii) submitting an order or request for Units or Services to Company, or scheduling delivery of Units from Company, constitutes Customer's affirmative assent to these Terms and intent to form an agreement with Company; (iv) electronic acceptance is the legal equivalent of a handwritten signature under ORS Chapter 84, the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN Act) of 2000, and the Uniform Electronic Transactions Act (UETA); and (v) a printed or electronically stored copy of these Terms and any other contract or agreement between Company and Customer shall be admissible in any proceeding.

17. Electronic Consent

By agreeing to these Terms, Customer hereby consents to use of an electronic record for all information relating to any transactions with Company which Company is required to provide to Customer. Customer may withdraw the foregoing consent at any time by delivering written notice thereof to Company. Customer's consent applies to all transactions between Customer and Company until Customer's consent is withdrawn. If any applicable law gives Customer the right to request a copy of such record in paper or other non-electronic form, Company will provide such non-electronic record to Customer upon Customer's written request therefore. Any electronic record provided by Company to Customer will be provided either in the form of a PDF document or an electronic form accessible on Company's website, in which case Customer's access thereto may require use of the Internet and an Internet browser.

18. Severability & Integration

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect. These Terms, along with any contract or agreement between Customer and Company, constitute the entire agreement governing the rental, delivery, service, and retrieval of Units and supersede all prior or contemporaneous communications, unless expressly modified in a written agreement signed by Company. These Terms may be modified or updated from time to time, and any such modifications or updates shall take effect immediately upon Company posting such modified or updated Terms on its website.