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GENERAL RELEASE AND WAIVER AGREEMENT

(Online Booking & Electronic Acceptance)

This General Release and Waiver Agreement (“Agreement”) is entered into by and between BBAC LLC d/b/a She It Gone, a New Mexico limited liability company, together with its owners, members, employees, agents, affiliates, successors, and assigns (“BBAC LLC”), and the individual or entity completing an online booking for services (“Customer”).

By reviewing this Agreement and affirmatively accepting it during the online booking process, Customer agrees to be legally bound by its terms. BBAC LLC and Customer may be referred to individually as a “Party” and collectively as the “Parties.”

 

1. SERVICES

BBAC LLC provides delivery, rental, placement, removal, transportation, and disposal services for dumpsters and roll-off containers (“Equipment”) for the collection and disposal of non-hazardous waste materials (“Services”).

Customer grants BBAC LLC the exclusive right to provide the Services at the service address identified during the online booking process for the duration of the rental period.

 

2. ACCEPTABLE AND PROHIBITED MATERIALS

“Waste Materials” means all non-hazardous solid waste, organic waste, and, if applicable, recyclables generated by Customer at the service address.

Waste Materials shall not include the following (“Excluded Materials”):
a. Waste tires;
b. Radioactive, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical, or hazardous waste as defined by applicable law;
c. Materials containing information protected by privacy or security laws;
d. Materials requiring special handling beyond normal municipal solid waste;
e. Any material prohibited from disposal by the receiving facility or by law.

Title to and liability for Excluded Materials shall remain with Customer at all times. Title to acceptable Waste Materials transfers to BBAC LLC upon collection unless otherwise required by law.

 

3. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for:

a. All contents placed into the Equipment;
b. Compliance with all federal, state, and local laws regarding disposal;
c. Preventing inclusion of Excluded Materials;
d. Proper loading of the Equipment, including avoiding overloading or overflow;
e. Providing safe, unobstructed access for delivery and removal;
f. Damage to driveways, pavement, landscaping, utilities, or structures caused by placement or use of the Equipment.

 

4. ADDITIONAL CHARGES

In addition to base rental charges, BBAC LLC may assess additional fees for services or conditions including, but not limited to:

  • Weight overages

  • Overfilled containers

  • Contamination

  • Tires or appliances containing refrigerants

  • Fines or penalties incurred due to Customer’s actions

Pricing and fees may be disclosed during booking, on invoices, or upon request. Customer agrees to pay all applicable charges.

 

5. ASSUMPTION OF RISK

Customer acknowledges that the delivery, placement, use, loading, transportation, and removal of dumpsters and roll-off containers involve inherent risks, including but not limited to personal injury, death, property damage, shifting debris, uneven surfaces, heavy equipment operation, and third-party actions.

Customer knowingly and voluntarily assumes all such risks, whether foreseeable or unforeseeable.

 

6. RELEASE AND WAIVER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY NEW MEXICO LAW, Customer hereby releases, waives, and forever discharges BBAC LLC, its owners, members, employees, agents, and affiliates from any and all claims, demands, causes of action, or liabilities of any kind arising out of or related to the Services or Equipment, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF BBAC LLC.

THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESS CONDUCT, OR INTENTIONAL MISCONDUCT.

 

7. INDEMNIFICATION

Customer agrees to indemnify and hold harmless BBAC LLC from any claims, damages, fines, penalties, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

a. Customer’s misuse of the Equipment;
b. Inclusion of Excluded Materials;
c. Violation of law;
d. Breach of this Agreement.

 

8. NON-DISPARAGEMENT

Neither Party shall make knowingly false or disparaging statements about the other relating to the Services or this Agreement.

 

9. ELECTRONIC ACCEPTANCE AND VOLUNTARY AGREEMENT

Customer acknowledges that this Agreement contains a RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, including the right to sue for negligence.

By clicking “I Agree,” “Accept,” “Book Now,” or a similar affirmative action during the online booking process, Customer represents and agrees that:

  • Customer has read and understands this Agreement;

  • Customer has had the opportunity to review it before booking;

  • Customer voluntarily agrees to be legally bound by its terms;

  • Customer’s electronic acceptance constitutes a valid and enforceable signature under applicable law.

 

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior discussions or agreements, whether written or oral.

 

11. SEVERABILITY AND REFORMATION

If any provision of this Agreement is found unenforceable, such provision shall be reformed to the minimum extent necessary to be enforceable under New Mexico law, and the remaining provisions shall remain in full force and effect.

 

12. AMENDMENTS

This Agreement may be amended only by a written instrument or updated online terms published by BBAC LLC, which shall apply prospectively.

 

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict-of-law principles.

 

14. RECORD RETENTION

Customer agrees that an electronic copy of this Agreement, together with booking records evidencing acceptance, shall be admissible and enforceable to the same extent as an original signed agreement.

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