GENERAL TERMS AND CONDITIONS

September 2026

1. ACCEPTANCE; ORDER OF PRECEDENCE.

These General Terms and Conditions (“Terms”) will govern the rental of equipment and the performance of related services by FusionSite (“FusionSite” or “Us” or “We” or “Our”) to You. FusionSite and You are collectively referred to as the “Parties” and individually as a “Party.” These Terms are incorporated into and shall become a part of any other written agreement or order document the Parties may enter into (“Order Document”). These Terms and the any Order Document shall be referred to as the “Agreement.” If You provide Us with any purchase order or other document containing additional or different terms (“Customer Terms”), such Customer Terms are expressly rejected and shall have no force or effect, even if accepted by FusionSite.

2. EQUIPMENT AND SERVICES.

FusionSite will rent equipment, which may include portable toilets, washing units, restroom trailers, holding tanks, temporary fencing, dumpsters, containers, and other similar equipment (collectively, “Equipment”), as well as provide Equipment related services, which may include delivery, setup, installation, connection, disconnection, pumping, service, maintenance, removal, and other similar services (collectively, the “Services”), as may be described in an applicable Order Document.

3. PAYMENT TERMS.

3.1. Invoicing and Due Date.

Unless otherwise stated in an Order Document, all invoices are due and payable within 10 days from the invoice date. Payment shall be made in immediately available funds. Once per calendar year, We may increase pricing by an amount not to exceed 5% upon 30 days written notice to You.

3.2. Method of Payment.

FusionSite’s preferred method of payment is ACH or wire transfer. You agree to use commercially reasonable efforts to pay via ACH or wire.

3.3. Credit Card Authorization; Fees.

We also accept credit card payments. As such, You shall provide Us valid credit card information prior to delivery of Equipment or commencement of Services. You authorize FusionSite to charge such credit card for any past-due invoiced amounts, late fees, returned payment charges, or other amounts owed. To the extent permitted by applicable law and card network rules, We may pass through credit card processing fees to You, not to exceed Our actual cost or the maximum amount permitted by law, whichever is less.

3.4. Late Charges; Collection Costs; Credit Reviews.

Past due balances shall accrue interest at the rate of 1.5% per month, or the maximum lawful rate, whichever is less. You shall be responsible for all costs of collection, including reasonable attorneys’ fees, court costs, and expenses. You hereby authorize FusionSite to perform credit and risk reviews on You at any time. FusionSite may demand immediate payment of any outstanding invoices and require prepayment for any new orders based on the results of such reviews

3.5. Returned Payments.

We may charge a $50 service fee for each returned check, rejected ACH, or chargeback, and You shall remain liable for the full invoice amount.

3.6. Taxes and Government Charges.

Unless otherwise indicated in writing, all prices exclude sales tax, use tax, excise taxes, fees, duties, or other governmental charges (“Taxes”). You shall pay all such Taxes or reimburse Us upon demand if We pay them on your behalf.

3.7. Disputed Amounts.

You must notify Us in writing of any invoice dispute within 10 days of the invoice date. Failure to dispute within such period shall constitute acceptance of the invoice. You shall timely pay all undisputed amounts.

3.8. No Contingency on Third-Party Payments.

Your payment obligations are not contingent upon Your receipt of funds from any owner, general contractor, insurance carrier, governmental agency, or other third party.

4. EQUIPMENT PROVIDED “AS IS”.

You acknowledge and agree that all Equipment is provided and rented “AS IS,” “WHERE IS,” and WITH ALL FAULTS. You shall inspect the Equipment upon delivery and before use. Your acceptance or use of the Equipment constitutes acknowledgment that the Equipment is in good operating condition and acceptable for Your purposes. FusionSite makes no representation that the Equipment is suitable for Your intended use.

5. YOUR RESPONSIBILITY; RISK OF LOSS; DAMAGE.

You shall have sole care, custody, and control of the Equipment from delivery until FusionSite retrieves the Equipment. You assume all risk of loss, theft, destruction, or damage to the Equipment from any cause, except to the extent directly caused by Our gross negligence or willful misconduct. You shall be fully responsible for all damage to the Equipment, including damage caused by misuse, abuse, vandalism, negligence, improper operation, acts of third parties, environmental conditions, or failure to secure the Equipment. You shall reimburse Us for all repair costs or replacement costs at Our then-current replacement value, plus any associated transportation, labor, and administrative costs.

6. FUSIONSITE REPRESENTATIONS AND LIMITED WARRANTY.

We represent and warrant that we will perform Services in a professional and workmanlike manner consistent with generally accepted industry standards. Your exclusive remedy for breach of this warranty shall be, at Our option, re-performance of the nonconforming Services or a refund of the portion of fees paid for the nonconforming Services.

7. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6, FUSIONSITE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT OR SERVICES. FUSIONSITE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE EQUIPMENT WILL BE FREE FROM DEFECTS OR UNINTERRUPTED.

8. TERMINATION; BREACH.

We may terminate the Agreement, suspend Services, and/or recover Equipment immediately upon notice if You: (a) fail to pay any amount when due; (b) breach the Agreement; (c) misuse, damage, move, transfer, or improperly relocate Equipment; (d) become insolvent, make an assignment for the benefit of creditors, or are subject to bankruptcy proceedings; or (e) otherwise place Our personnel, Equipment, or operations at unreasonable risk. Upon termination or Your breach, We may declare all outstanding amounts immediately due, enter Your premises (without breach of peace) to retrieve Equipment, charge You for all costs of repossession, recovery, repair, cleaning, and transportation, and pursue any remedies available at law or equity. FusionSite shall not be liable for any damages, delays, costs, or lost profits arising from suspension or termination due to Your breach or nonpayment.

9. INDEMNIFICATION.

To the maximum extent permitted by law, You shall indemnify, defend, and hold harmless FusionSite, its subsidiaries, and affiliates, and their respective officers, directors, managers, members, employees, agents, subcontractors, and representatives (“Indemnitees”) from and against any and all claims, demands, suits, damages, losses, liabilities, fines, penalties, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your possession, use, operation, maintenance, or control of the Equipment; (b) Your site conditions or Your acts or omissions; (c) injury to persons (including death) or damage to property caused by You or Your contractors, employees, invitees, or agents; (d) Your breach of this Agreement; or (e) Your violation of applicable laws. This indemnity obligation shall apply regardless of whether such claim is caused in part by Us, except to the extent caused by Our gross negligence or willful misconduct.

10. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUSIONSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF USE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUSIONSITE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO FUSIONSITE UNDER THE AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION IS A MATERIAL INDUCEMENT FOR US TO ENTER INTO THIS AGREEMENT.

11. DISPUTE RESOLUTION; BINDING ARBITRATION; WAIVER OF JURY TRIAL.

Except for claims by Us for unpaid amounts or repossession of Equipment, any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Davidson County, Tennessee before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. Each Party shall bear its own expenses, including attorneys’ fees, and the Parties shall share arbitration fees equally unless the arbitrator determines otherwise. This provision shall survive termination of the Agreement.

12. GOVERNING LAW; VENUE.

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict-of-law principles. Subject to Section 11, the Parties consent to exclusive jurisdiction in the state or federal courts located in Davidson County, Tennessee.

13. SITE ACCESS.

Your site must be accessible for the size and type of Equipment rented. If any FusionSite vehicle and Equipment arrives at Your site and cannot be delivered, picked up, or serviced as intended due your site being inaccessible regardless of cause, You will be responsible to pay the full initial transportation charge as well as any charges associated with rescheduling and redelivery, any applicable additional charges, including technician fees.

14. CUSTOMER PICK-UP OF EQUIPMENT.

If You elect to pick up Equipment from FusionSite rather than having FusionSite deliver the Equipment, You shall be solely responsible for properly loading, securing, tying down, transporting, unloading, and returning the Equipment, including providing a vehicle, trailer, and securement devices of adequate size and capacity and complying with all applicable laws and regulations governing the transport of the Equipment. Any assistance FusionSite personnel may provide with loading or securing the Equipment is provided solely as an accommodation and shall not relieve You of, or transfer to FusionSite, any responsibility under this Section. Your care, custody, and control of the Equipment and Your assumption of risk under Section 5 shall begin when the Equipment is released to You and shall continue until the Equipment is returned to and accepted by FusionSite. To the maximum extent permitted by law, You shall indemnify, defend, and hold harmless the Indemnitees from and against any and all claims, demands, suits, damages, losses, liabilities, fines, penalties, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Your election to pick up the Equipment or the acts or omissions of You or Your employees, agents, or contractors in picking up, loading, securing, transporting, unloading, or returning the Equipment, including any injury to persons (including death), damage to property, or vehicle or roadway incident. This indemnity obligation shall apply regardless of whether such claim is caused in part by Us, except to the extent caused by Our gross negligence or willful misconduct. This Section 14 is in addition to, and not in limitation of, Section 9.

15. HOLDING TANKS.

This Section 15 applies to any waste, grey water, or fresh water holding tank rented, installed, connected, disconnected, pumped, or otherwise serviced by FusionSite, together with all associated hoses, fittings, valves, pumps, and connection components (collectively, “Holding Tanks”). Holding Tanks are Equipment, and all other provisions of this Agreement apply to them.

15.1. Installation, Connection, Disconnection, and Pumping.

Where provided for in an Order Document, FusionSite will place, install, connect, disconnect, and pump Holding Tanks. You acknowledge that Holding Tanks may be connected to restroom trailers, fixtures, plumbing, or other systems that are not owned, supplied, or maintained by FusionSite, and FusionSite is not responsible for the condition, compatibility, capacity, or performance of any such system or component. You shall inspect each installation, connection, and disconnection upon completion, and Your use of the Holding Tank or any connected Equipment constitutes acceptance of the work. You shall not move, alter, disconnect, or reconnect any Holding Tank, or permit any third party to do so, without FusionSite’s prior written consent.

15.2. Release and Disclaimer for Leaks and Overflows.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST THE INDEMNITEES, AND FUSIONSITE SHALL HAVE NO LIABILITY, FOR ANY LEAK, SPILL, OVERFLOW, BACKUP, DISCHARGE, OR OTHER RELEASE OF SEWAGE, WASTEWATER, GREY WATER, FRESH WATER, OR OTHER CONTENTS FROM ANY HOLDING TANK OR ITS CONNECTIONS (EACH, A “RELEASE EVENT”), OR FOR ANY RESULTING INJURY, DEATH, PROPERTY DAMAGE, ENVIRONMENTAL CONTAMINATION, CLEANUP COST, FINE, PENALTY, OR OTHER LOSS, WHETHER THE RELEASE EVENT OCCURS DURING OR AFTER INSTALLATION, CONNECTION, DISCONNECTION, PUMPING, OR ANY OTHER SERVICE, AND INCLUDING ANY RELEASE EVENT CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF FUSIONSITE, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY FUSIONSITE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS RELEASE AND THAT IT IS A MATERIAL INDUCEMENT FOR US TO PROVIDE HOLDING TANKS AND RELATED SERVICES.

15.3. Tank Levels, Service Frequency, and Site Grading.

You are solely responsible for: (a) monitoring Holding Tank levels at all times and notifying FusionSite in writing (email is sufficient) at least forty-eight (48) hours before any Holding Tank is expected to reach capacity; (b) ensuring that the service frequency set forth in the Order Document is adequate for Your actual usage, and You acknowledge that any service frequency is based on information You provide and is not a guarantee against overflow; (c) requesting and paying for additional pumping, at FusionSite’s then-current rates, whenever usage exceeds the scheduled service frequency; (d) providing and maintaining a level, stable, compacted, and well-drained surface for each Holding Tank, graded so that surface water drains away from the Holding Tank and free of standing water, soft ground, and slopes that could cause settling, shifting, or tipping; (e) protecting Holding Tanks, hoses, and connections from vehicle and equipment traffic, freezing, tampering, and vandalism; and (f) ensuring that no hazardous substances, chemicals, fuels, oils, grease, or solid materials other than human waste and toilet tissue are introduced into any Holding Tank. You shall pay all additional charges incurred by FusionSite for any emergency pumping, repositioning, or handling and disposal of prohibited materials.

15.4. Spill and Environmental Indemnity.

To the maximum extent permitted by law, You shall indemnify, defend, and hold harmless the Indemnitees from and against any and all claims, demands, suits, damages, losses, liabilities, fines, penalties, judgments, orders, costs, and expenses (including reasonable attorneys’ and consultants’ fees and all costs of containment, investigation, testing, cleanup, remediation, restoration, and disposal) arising out of or relating to: (a) any Release Event; (b) any contamination of soil, groundwater, surface water, storm drains, or other property or natural resources in connection with any Holding Tank; or (c) any actual or alleged violation of any federal, state, or local law, regulation, permit, or order relating to pollution, wastewater, sewage, or protection of health or the environment (“Environmental Laws”) in connection with any Holding Tank at Your site. This indemnity obligation shall apply regardless of whether such claim is caused in part by Us, except to the extent caused by Our gross negligence or willful misconduct. You shall notify FusionSite immediately of any Release Event, take all reasonable steps to contain it, and make any reports to governmental authorities that are required of You under Environmental Laws. This Section 15.4 is in addition to, and not in limitation of, Section 9.

15.5. Underground Utilities.

Before FusionSite delivers or installs any Holding Tank, You shall locate and clearly mark all private underground utilities, lines, pipes, cables, septic systems, irrigation systems, storage tanks, and other subsurface structures at or near each Holding Tank location and along all routes FusionSite vehicles will travel on Your site. You acknowledge that public one-call locator services do not mark privately owned facilities. FusionSite shall have no liability for damage to any underground utility or structure that is unmarked, inaccurately marked, or not disclosed to FusionSite in writing, and You shall indemnify the Indemnitees against all claims arising therefrom and reimburse FusionSite for any resulting damage to its vehicles or Equipment.

16. INDEPENDENT CONTRACTOR.

FusionSite is an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party has authority to bind the other.

17. FORCE MAJEURE.

We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including acts of God, severe weather, natural disasters, labor disputes, strikes, transportation interruptions, shortages of materials, supply chain disruption, fire, flood, terrorism, war, governmental action, epidemics, pandemics, or failure of utilities (“Force Majeure”). Our performance obligations shall be suspended during the Force Majeure event, and We shall be entitled to an equitable extension of time and reimbursement for increased costs incurred.

18. NOTICES.

All notices required under this Agreement shall be in writing and deemed given when: (a) delivered personally; (b) delivered by nationally recognized overnight courier; or (c) mailed by certified or registered mail, return receipt requested. Notices to FusionSite shall be sent to: 1610 54th Ave N Suite 111, Nashville, TN 37209, Attn: Legal Department and to You at the address listed in the applicable Order Document or as otherwise designated by You in writing. Routine operational communications may be conducted via email.

19. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY.

The Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, negotiations, or understandings regarding the subject matter. No amendment or modification shall be effective unless in writing and signed by an authorized representative of each Party. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. SURVIVAL.

Sections relating to payment obligations, indemnification, releases, limitation of liability, dispute resolution, governing law, and any obligations that by their nature should survive shall survive termination or expiration of this Agreement.