RED HEN TURF FARM, INC.'s 5 Year Equipment Rental & Tube Deposit Agreement (Ver.09.01.25)

(Form last Updated 09/012025)

PLEASE NOTE that Section VI has details on all COI requirements

ALSO NOTE that Section VII #4 says that you are responsible for returning all Rental Equipment, Tubes, and Tube Crates to Red Hen within 24 hours after the last load of sod for the job has been received, and you must call Red Hen if you need special accommodations. Red Hen reserves the right to INVOICE for Late Fees and Tube Charges as described in Section VIII below. If Lessee fails to pay for INVOICED Fees / Tube Charges, Red Hen reserves the right to send the matter to Collections.

I (hereinafter the "Lessee"), hereby agree as follows:

I. LESSOR’S CONTACT INFORMATION & BUSINESS HOURS

The Red Hen Turf Farm, Inc. (hereinafter the “Lessor”) is located at: 29435 Darden Road, New Carlisle, IN 46552

Lessor’s Email: [email protected]

Lessor’s Office Landline Number: 574-232-6811

Lessor’s Text Only Line: 574-766-7633

Lessor’s Fax Line: 855-461-3553

Lessor’s regular In-Season business hours are: Monday-Friday, 8:00 am to 4:00 pm Eastern Time. Office is Closed Weekends.
>>> If EQUIPMENT / TUBE Returns are completed After Hours, Lessee MUST leave a Voicemail or Email to Notify Lessor regarding PRECISELY what was returned in order to receive proper CREDIT.

Seasonal hours / holiday closures / etc. are updated at Visit redhenturf.com/location-hours

II. TIMEFRAME OF THIS AGREEMENT

Maximum of 5 Full Calendar Years, starting the Calendar Year that this Agreement is signed by Lessee. 
For example, if Lessee signs this Agreement on March 3, 2022, at the maximum this Agreement covers the calendar years 2022, 2023, 2024, 2025, and expires December 31, 2026.

III. CHANGES TO TERMS – POTENTIAL OF BEING REQUIRED A NEW AGREEMENT PRIOR TO 5 YEARS

Lessor reserves the right to make changes to any and all terms outlined in this Agreement, at any time.  If Lessor does make changes to this Agreement prior to the end of the Five (5) Year Period that this Agreement is subject to, Lessor will require Lessee to sign a new Agreement.

IV. PDF ELECTRONIC COPY OF THIS SIGNED AGREEMENT

For Lessee’s Records, Lessor will provide Lessee with a PDF copy of this signed Agreement.

V. RENTED EQUIPMENT AND TUBES - DESCRIPTIONS

Lessor hereby leases to Lessee one or more of the following “Rented Equipment”:

1. Powered Sod Layer
2. Three Point Hitch Sod Layer
3. Big Roll Sod Cutter
4. Other Equipment
5. When receiving Big Roll Sod, each 80 ft by 2.5 ft roll is wrapped around a “Tube”.

VI. ANNUAL CERTIFICATE OF INSURANCE (COI)

Before receiving any Rented Equipment for the first time during the calendar year, Lessee shall provide Lessor with a current COI as follows:

1. Naming Lessor as an additional insured on the policy
2. In the amount of no less than one million ($1,000,000) dollars
3. Insuring the Rented Equipment in the amount of no less than eighteen thousand ($18,000) dollars against all risks of loss, theft, or damage from every cause whatsoever for not less that the full replacement value
4. Showing that the insurance evidenced by such COI shall not be cancelled without thirty (30) days notice being given to Lessor.
5. Showing that the Lessee provides Workers’ Compensation coverage

For each subsequent rental during such calendar year, it will be presumed that the above-referenced COI will still be in effect unless the Lessee shall provide Lessor with a substitute or successor COI.
Lessee agrees to ensure that the required COI is provided to Lessor by Email or Fax at the contact information listed above in Paragraph I.

TIPS:

1. To assist Lessee’s Insurance Agent in providing the required COI to Lessor, Lessee should forward their Insurance Agent the PDF Electronic Copy of this Signed Agreement, which is described above. If Lessee’s Insurance Agent has any questions or concerns, they may contact Lessor by Email or Landline Phone at the contact information listed above in Paragraph I.
2. Let us ASSIST YOU, if you wish. Red Hen Turf Farm can assist -- now and in the coming years this Rental Agreement is valid for -- with ensuring that your COI is received in a timely manner.

VII. LEASE PERIOD AND RETURN OF RENTED EQUIPMENT AND TUBES

Before receiving any Rented Equipment for the first time during the calendar year, Lessee shall provide Lessor with a current COI as follows:

1. The Lease Period begins once Lessee is in possession of the Rented Equipment.
2. The Rented Equipment will be received by Lessee by: (a) Lessor’s Delivery to Lessee with the first load of sod for the Lessee’s project; or (b) Lessee’s pick-up of equipment at Red Hen Turf Farm, at a date and time agreed up by Lessor and Lessee.
3. The Lease Period concludes TWENTY-FOUR (24) HOURS after the final load of sod for the Lessee’s project is received.
4. IMPORTANT:  The Rented Equipment and all related Sod Tubes shall be RETURNED BY THE LESSEE to the Lessor within the Lease Period, which is TWENTY-FOUR (24) HOURS after the final load of sod for the Lessee’s project is received by Lessee.
5. The Lessee agrees that the Rented Equipment should be in good repair, condition and working order when returned (ordinary wear and tear resulting from proper use thereof alone excepted).
6. Lessee agrees to notify Lessor immediately regarding any damage or repairs needed to Rented Equipment.
7. The Lessee agrees to return the Rented Equipment and Tubes to Lessor at Red Hen Turf Farm, 29435 Darden Road, New Carlisle, Indiana, during regular business hours, as described above.
8. If Lessee MUST return the Rented Equipment and Tubes to Lessor AFTER business hours, Lessee agrees to place the Rented Equipment and Tubes near the Overhead Door on the Front / South Side of Lessor’s Shop. Lessee should also leave a voicemail with Lessor at 574-232-6811 (Red Hen Landline) advising Lessor of the after-hours return.

VIII. RENT, LATE EQUIPMENT RETURNS AND CHARGES FOR EQUIPMENT AND TUBES

Lessee agrees to pay to Lessor the Equipment Rental Rate as agreed upon in the delivery invoice(s) issued by Lessor.

EQUIPMENT RENTAL FEES are Subject to Change without notice. As of 02/06/2023, EQUIPMENT RENTAL FEES are as follows:

1. Brouwer Motorized Big Roll Sod Layer (Option 1): $0.04 / SF
2. Brouwer Motorized Big Roll Sod Layer (Option 2): $400.00 / Day
3. Three-Point Hitch (Non-Motorized) Big Roll Sod Layer: $25.00 / Day
4. Big Roll Sod Cutter / Harvester: $200.00 / Day

If the Lessee does not return the Equipment and/or Tubes within the Lease period described above, for EACH DAY the Rented Equipment and/or Tubes are not returned, Lessee agrees to to the Terms that they may be charged additional LATE FEE CHARGES as follows:

1. For any Tubes not returned within two (2) calendar weeks from the End of the Lease Period, non-refundable Tube charges in the amount of $20.00 per Tube will be invoiced.
2. LATE FEE in the amount of $400.00 per day for the Brouwer Motorized Big Roll Sod Layer
3. LATE FEE in the amount of $25.00 per day for the Three Point Hitch
4. LATE FEE in the amount of $200.00 per day for the Big Roll Sod Cutter

Lessee may choose to arrange for the Lessor to retrieve the Rental Equipment and/or Tubes for a MINIMUM PICK-UP CHARGE of $300.00.

IX. OWNERSHIP, USE OF, AND ALTERATIONS TO EQUIPMENT AND TUBES

The Rented Equipment and Tubes are the property of the Lessor and the Lessee has no right, title or interest in the Rented Equipment and Tubes except as expressly set forth in this Agreement.   The Lessee shall use the Rented Equipment and Tubes in a careful and proper manner and shall comply with all laws, ordinances and regulations relating to the possession, use or maintenance of the Equipment and Tubes.  The Lessee shall not make any alterations, additions or improvements to the Rented Equipment and Tubes.

X. LOSS OR DAMAGE

The Lessee shall bear the entire risk of loss, damage and/or theft of the Equipment and Tubes. If the Rented Equipment or Tubes are lost, damaged or stolen, the Lessee, at the option of the Lessor, shall:

1. Replace the Equipment in good repair, condition and working order or
2. Replace the Equipment and Tubes with like equipment in good repair, condition and working order.

XI. WARRANTIES

THE LESSOR MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER. INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT AND TUBES, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE.

XII. INDEMNITY

The Lessee shall indemnify and hold Lessor harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees, arising out of or resulting from the Rented Equipment and Tubes, including without limitations, the manufacture, selection, delivery, possession, use operation or return of the Rented Equipment and Tubes.

XIII. MISCELLANEOUS PROVISIONS

Lessee shall pay Lessor all cost and expense, including court costs, attorney’s fees and all other litigation expenses incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof. This Agreement shall be construed under and in accordance with the laws of the State of Indiana and all obligations of the parties created hereunder are performable in the State. The persons executing the Agreement for and on behalf of Lessee represent and certify that they are duly authorized agent of the Lessee.