Some Portable Restroom Operators Find Damage Waivers Effective
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The use of damage waivers by portable restroom operators has proven to be an effective way to recover some
losses from damages to portable restrooms on rent. The program may not be for everyone. Some Portable
restroom operators say it is better to just invoice the customer for damages to a portable restroom and worry
about collecting later. Damage waivers are just a tool that portable restroom operators have available to help off
set some of the cost incurred.
DAMAGE WAIVER- Example 1
A) Unless damage waiver provision hereof is declined by customer, _______________, agrees in consideration of
an additional charge as shown on reverse to modify the responsibilities of the customer treated in Paragraph 10
(Damaged or Lost Units) regarding units damaged, destroyed, lost or stolen while in customer’s possession or
control. Unless the damage waiver provision is declined, customer is not responsible for damage to, destruction of,
or theft of the units except as follows: (1) damage due to customer’s neglect or misuse, (2) loss, (3) mysterious or
unexplained disappearance, (4) theft by persons entrusted with a unit.
B) The customer is responsible for the first $100.00 per regular unit or sink unit per occurrence and $250.00 per
handicap unit per occurrence. ($250.00 per signature series per occurrence, $150.00 per high rise unit per
occurrence, $150.00 per restroom w/sink per occurrence.) This applies in the case of damage or theft and is the
responsibility of customer under the terms of the damage waiver.
C) In order for this damage waiver to be effective and as a condition thereto, customer agrees that he/she shall
report all loss and/or damage to the police department and obtain a copy of the police report issued thereby and
deliver such report to __________________ within 14 days of the date of loss or damage.
D) Not withstanding the foregoing, customer agrees that this damage waiver provision shall not relieve customer
of its obligation to obtain and maintain public liability insurance.
_____________________________________________________________________________
Please check one of the lines and sign on the bottom to accept/refuse damage waiver.
______________________ I have read the information on the reverse and ACCEPT the damage waiver.
______________________ I have read the information on the reverse and REFUSE the damage waiver. I
understand that I am fully responsible for any damage to the equipment for the terms of the Contract.
_______________________________Please sign your name here.
Damage Waivers, which address financial responsibility for damages incurred during rental are offered in an array
of different forms by portable restroom operators. According to a Journal poll conducted in March of 2003,
damage waivers are offered in some form by 80% of portable restroom companies responding to the poll. While
the program has gained popularity in the last few years, only 20% responded that they have successfully
implemented and collect the fee. Nearly 60% reported difficulty in implementation and collecting.
A comparison of responses, indicated that automatic invoicing for the service yielded a higher return.
We hope you benefit from this section but caution that these examples do not represent the only way to implement
a damage waiver program but instead illustrate ways some portable restroom contractors have found work for
them.
DAMAGE WAIVER -Example 2
Dear Customer:
In response to request from many customers such as you, ________________now offers a Damage Waiver
program to help you reduce your liability exposure when renting portable restrooms. This is an optional benefit that,
we think you’ll agree, is something you can not do without.
The Damage Waiver is an option that eliminates back charges to you for accidental damage, vandalism, and
destruction by fire, theft, etc. It applies to standard, hi-rise, handicap and deluxe portable restrooms as well as
temporary holding tanks. It protects you from liability 24 hours a day, 7 days a week. You will be covered
regardless of who causes the damage... your own people, subcontractors, material suppliers and unwanted visitors.
The only paperwork required is in the case of theft, which requires a police report to be filed by the contractor and
a copy supplied to our office.
The cost of the Damage Waiver is a monthly charge based upon the type of equipment you have on your site(s).
Please refer to the chart below to see what the monthly charge would be versus the replacement cost of the
equipment.
Pricing Removed
It’s easy to take advantage of this optional Damage Waiver. It will automatically be added to all portable toilets and
holding tank equipment you rent and the charge will be reflected on your monthly billing as a separate charge.
YOU DO NOT HAVE TO ENROLL IN THIS PROGRAM, ALTHOUGH WE FEEL THAT THE MAJORITY OF
OUR CUSTOMERS WILL WANT THE DAMAGE WAIVER, IT IS NOT MANDATORY. IF YOU WISH TO
DECLINE THIS COVERAGE SIMPLY MARK THE APPROPRIATE BOX, FILL OUT AND SIGN THE FORM,
AND RETURN IT TO OUR OFFICE WITHIN THE NEXT 10 BUSINESS DAYS. BY DECLINING YOU WILL,
OF COURSE, ACCEPT FULL RESPONSIBILITY FOR ITEMS COVERED BY THE DAMAGE WAIVER, OTHER
THAN NORMAL WEAR AND TEAR. IF YOU WISH TO TAKE ADVANTAGE OF THIS OFFER, THEN
SIMPLY DO NOTHING. YOU WILL BE AUTOMATICALLY ENROLLED IN THE PROGRAM AND CHARGES
WILL BE REFLECTED ON YOUR NEXT INVOICING.
____________________RESERVES THE RIGHT TO REFUSE DAMAGE WAIVER COVERAGE FOR ANY
LOCATION THAT WE DETERMINE TO BE AT HIGH RISK FOR DAMAGE, FIRE OR THEFT
_________________________________________________________________________________
If you wish to decline coverage in_______________Damage Waiver Program, please complete the following
information and return within the next 10 business days.
NO-I decline the damage waiver. I understand that by declining, I accept full responsibility for any and all damages
or theft of equipment rented from__________________.
___________________________________________Customer#___________________
Signature (Officer/Owner) Title
_________________________________________________________________________________
Company Name Address
______________________________________________________Date:_______________________
City State Zip Code Phone
DAMAGE WAIVER-Example 3
“THIS PROGRAM IS DESIGNED TO HELP YOU, THE CUSTOMER, BY LIMITING THE LIABILITY FOR
VANDALISM, THEFT, AND ACCIDENTAL DAMAGE TO PORTABLE SANITATION EQUIPMENT
PROVIDED BY xxxxxxxxxxxxxxxxxxxxxxxxxxx SOME INFORMATION ABOUT THIS PROGRAM IS LISTED
BELOW, IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CALL OUR OFFICE. WE’D BE HAPPY
TO GO OVER IT WITH YOU.”
1.Protection against fire, theft, or vandalism 24 hours a day, 7 days a week. whoever the person is damaging the
unit. (supplier, subcontractor, other )
2. There is a deductible. You are protected against all damages over and above a $100.00 deductible on standard
portable restrooms, $200.00 deductible on all other types of units. The replacement value of the portable restroom
varies on the type of unit that is being rented.
3. If a portable restroom is stolen from a job site, you the customer, pay only the deductible. However, we do ask
that you provide us with a copy of the police report within 7 days.
4. The only restriction to this contract is that All portable restrooms on the job site must be covered.
5. Now, you don’t have to accept this program You or your insurance company can accept responsibility for any
and all damages by signing the Decline portion of the form and returning it to us along with a copy of your
certificate of insurance. You will then be bound by our standard rental agreement.
DAMAGE WAIVER FORM
I wish to decline the coverage at this time, I will take FULL responsibility for the unit(s) I have rented.
Customer Name: ___________________________ Acc. #: _____________
Address:______________________________________________________
Phone:___________________________________Fax: _______________
Signature: ________________________________ Date: ______________


Serving the American Liquid Waste Industry Since 2002