Terms of service
1. Services Provided
Junk B Gone, LLC (hereinafter referred to as “Contractor” or “Company”) agrees to provide dumpster rental
services as requested by the Customer. This includes the disposal of items specified by the Customer from
the agreed-upon service address.
2. Equipment Rental
Customer certifies that he or she is either the property owner, has power of attorney for the property owner,
or is the licensed contractor/broker for the property. Customer may not sublet the dumpster for any reason.
Customers must provide JunkBGone with valid government identification prior to any rental.
(a) Weight Limit.
Customer agrees to restrict tonnage to 1 ton for a 15-yard dumpster and 1.5 tons for a 25-yard dumpster. If
Customer exceeds the relevant tonnage limit, Customer hereby agrees to pay an additional fee of $95.00
per ton over 1 st tonnage limit which is included in the basic fee.
(b) Placement of Dumpster
Customer warrants and represents that any location provided by Customer for the dumpster is sufficient to
bear the weight and size of the dumpster and any vehicle required to transport the dumpster. Company shall
not be responsible for any damage to pavement or any other road surface material, lawns, fences,
shrubbery, septic system, private well, or any other form of property damage. If placed on a roadway, alley,
or location other than customer’s property, high-visibility cones must be placed around the container and
permits may be required by local authority and are the customer’s responsibility. Cones may be provided by
JunkBGone for a $50.00 refundable deposit.
(c) Company Accessibility
Customer agrees to provide unobstructed access to the dumpster on the day it is to be picked up. If the
dumpster is inaccessible, Customer shall be charged for additional rental time at the rate of $99 per day.
Customer shall schedule pickup services with JunkBGone at least 1-Day in advance, by calling or texting
(281) 954-1842. Customer must receive a text or email confirmation of the pickup time requested to be valid.
3. Payment Terms
The Customer agrees to pay Contractor the total amount for the rental services rendered. Payment is due
prior to Drop-off or at time of Drop-off of the dumpster unless agreed upon in advance. Payment shall be
made by Credit Card, and the Credit Card will be kept on file until after the dumpster has been emptied at
the landfill. At that time, the Credit Card will be charged a second time to cover the cost of any overages in
weight. The Customer further agrees to allow the Contractor to charge their Credit Card for any damages,
fines, penalties, for unauthorized loaded items, or for any additional services needed to bring the load into
compliance.
In the event, the Customer is unable to pay by Credit Card, and the Contractor agrees in advance, the
Customer may be allowed to pay a deposit up front in lieu of having a Credit Card on file with the Contractor.
4. Customer Responsibilities
The Customer warrants that they have the legal right to dispose of all items designated for removal.
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The Customer is responsible for identifying and notifying Contractor of any hazardous materials (e.g.,
chemicals, asbestos, biohazards) prior to service, consistent with the Texas Health and Safety Code §
361.017 regarding solid waste disposal.
The Customer shall ensure clear access to the dumpster to be removed. Any obstacles or delays caused by
the Customer may result in additional fees.
Content Regulations-Customer is fully responsible for the entire contents of the container and is the rightful
owner of the container’s contents until the container is dumped and the contents accepted by the
prospective disposal facility.
Required for Pickup-Debris may NOT extend above the top rim of the dumpster. The tarp MUST be able to
roll completely over the top WITHOUT OBSTRUCTION. The end doors MUST be CLOSED and secured
before it can be removed. Overfilled or unprepared containers will be brought into compliance at Customer’s
expense.
Consequences of Violating Regulations- In the event, contents that are not allowed by this contract or any
Federal, State, or City agency are disposed of, all costs, fines, penalties, or other actions taken for said
disposal; the customer is fully responsible for any and all associated charges. Costs may include but not be
limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized
material disposal. Materials may be returned to the customer at the customer’s expense.
Severability-Customer agrees that each provision contained in this Agreement shall be treated as a separate
and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability
of any of the other clauses herein. Moreover, if one or more of the provisions or parts thereof contained in
this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject so as to
be unenforceable at all, such provision or parts or provisions shall be construed by the appropriate judicial
body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the then
applicable law.
5. Limitation of Liability
Contractor shall not be liable for any damage to the property, including but not limited to driveways, lawns,
flooring, walls, or other structures, that occur during the performance of services, unless such damage is
caused by Contractor’s gross negligence or willful misconduct.
Under Texas Property Code § 92.052, liability for property damage is limited unless the Contractor fails to
exercise reasonable care.
Contractor is not responsible for any pre-existing damage to items, property, or structures at the service
location.
Contractor shall not be liable for any personal injury sustained by the Customer, their agents, or any third
parties present at the service location during the performance of services, unless such injury is directly
caused by Contractor’s gross negligence or willful misconduct. The Customer assumes all risk of personal
injury arising from their presence or participation in the service process, consistent with Texas Civil Practice
and Remedies Code § 75.002, which limits liability for injuries on premises unless reckless conduct is
proven.
The Customer assumes full responsibility for any damages, injuries, or losses arising from the condition of
the property or items being removed, including hidden defects or hazards not disclosed to Contractor.
6. Indemnification
The Customer agrees to indemnify, defend, and hold harmless Contractor, its employees, agents, and
affiliates from any and all claims, damages, losses, or expenses (including legal fees) arising out of or
related to:
The removal of items from the service address.
Any injury or damage caused by the Customer’s property or items being removed.
Any failure by the Customer to disclose hazardous materials or conditions. This aligns with Texas’ common
law principles of indemnification for third-party claims.
7. Damages Covered by Customer
The Customer agrees to assume full financial responsibility for any damages to Contractor’s equipment,
vehicles, or personnel caused by the Customer’s property, items being removed, or failure to provide
accurate information about the service site. This includes, but is not limited to, damages resulting from sharp
objects, unstable structures, or undisclosed hazards.
8. Equipment Rental Responsibility
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If Contractor provides a dumpster or any other equipment (collectively, “Rental Equipment”) for the
Customer’s use as part of the services:
The Customer agrees to use the Rental Equipment solely for its intended purpose and in a safe, responsible
manner.
The Customer shall be fully liable for any theft, loss, or damage to the Rental Equipment while it is in their
possession or on their property, regardless of the cause, unless such loss or damage is directly caused by
Contractor’s gross negligence or willful misconduct. This is consistent with Texas Business and Commerce
Code § 93.006, which allows exclusion of liability for customer-caused damage in heavy equipment rental
agreements.
The Customer agrees to reimburse Contractor for the full repair or replacement cost of the Rental
Equipment, as determined by Contractor, in the event of theft, loss, or damage. Failure to return the Rental
Equipment in its original condition (normal wear and tear excepted) will result in additional charges billed to
the Customer. Under Texas law, verbal agreements may be enforceable (Texas Business and Commerce
Code § 2.201), but a signed contract strengthens this provision.
9. Hazardous Materials
If hazardous materials are discovered during the service, Contractor reserves the right to refuse removal
and terminate the contract without liability, per Texas Health and Safety Code § 361.271, which holds parties
liable for improper hazardous waste disposal. Additional fees may apply for proper disposal if Contractor
agrees to handle such materials, compliant with Texas Commission on Environmental Quality (TCEQ)
regulations.
10. Cancellation and Refusal of Service
Contractor reserves the right to refuse or terminate service at any time if the Customer fails to comply with
the terms of this contract or if conditions at the service location pose a safety risk to Contractor’s personnel
or equipment. Cancellation by the Customer within 24 hours of the scheduled service may incur a
cancellation fee of $49.00.
11. Governing Law
This contract shall be governed by the laws of the State of Texas, pursuant to Texas Business and
Commerce Code § 1.301. Any disputes arising under this contract shall be resolved in Montgomery County
courts, Texas.
12. Entire Agreement
This contract constitutes the entire agreement between the parties and supersedes any prior agreements or
understandings, whether written or oral, as required for enforceability under Texas Business and Commerce
Code § 26.01 for contracts exceeding one year.
Customer Acknowledgment
I, _______________, have read and agree to the terms and conditions outlined in this contract. I
understand that I am responsible for all damage, personal injuries, and any theft or damage to Rental
Equipment as specified, and that Contractor is not liable except in cases of gross negligence or willful
misconduct under Texas law.
Customer Signature: ___________________________________
***NOTE: Once signed, this contract is binding for all future rentals made by this client for the
Calander year or until an updated contract has been signed by the customer.
Texas-Specific Legal Additions:
1. Texas Business and Commerce Code § 26.01 (Statute of Frauds): Added to Section 2 and 11 to note
that agreements lasting over one year must be in writing to be enforceable. This ensures your contract’s
validity if services extend long-term.
2. Texas Property Code § 92.052: Referenced in Section 4 to limit liability for property damage unless gross
negligence is proven, aligning with Texas landlord-tenant principles adapted for service contracts.
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3. Texas Civil Practice and Remedies Code § 75.002 (Landowner Liability): Incorporated in Section 4 to
limit personal injury liability unless reckless conduct occurs, leveraging Texas premises liability law.
4. Texas Health and Safety Code § 361.017 & § 361.271 (Solid Waste Disposal): Cited in Sections 3 and 8
to emphasize customer responsibility for hazardous materials and Contractor’s right to refuse unsafe work,
aligning with TCEQ rules.
5. Texas Business and Commerce Code § 93.006 (Heavy Equipment Loss Damage): Applied in Section 7
to support excluding liability for customer-caused damage to rented equipment, adapting commercial rental
law to your dumpster/trailer provision.
6. Texas Business and Commerce Code § 1.301: Added to Section 10 to confirm Texas law governs the
contract, ensuring jurisdictional clarity.
Notes:
Enforceability: Texas courts may scrutinize liability waivers for fairness (e.g., they can’t waive gross
negligence per Texas Civil Practice and Remedies Code § 75.002). The “gross negligence or willful
misconduct” exception is included to comply.
Customization: Replace placeholders (e.g., [Insert County], [Insert Amount]) with your specifics.
Legal Review: Texas laws vary by locality, and junk removal may involve additional regulations (e.g., waste
disposal permits). A Texas attorney can confirm compliance and add industry-specific protections.
The following items are generally ACCEPTED for bulk pickup.
Excess household trash (Food items are not generally acceptable)
Cardboard (please break down flat and remove packing material to prevent from blowing out of container)
Mattresses (Additional $126.00 per mattress, regardless of size)
Box Springs (No additional charge)
Bicycles
Toys
Car seats
Grills (no Propane tanks or hot ashes)
Televisions
White goods (Appliances with Freon/coolant are not accepted) (We can dispose of separately)
Furniture fixtures (no fluorescent lights)
Sofas
Chairs
Tables
UNACCEPTED Items
The following items are generally not accepted for bulk pickup.
Items containing fuels such as Lawn mowers, propane tanks
Household chemicals
Pool chemicals
Oil, anti-freeze, automotive filters (These items can be recycled at O’Rielly’s)
Batteries, small or large
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Cooking oils
Paint
Tires (See Below)
Items with coolants like refrigerators & freezers
Food items are not acceptable
Concrete, Dirt, Gravel
Total weight capacity of container is 7-tons
**If you need to discard of items that are “Unaccepted Items,” let us know and we may be able to assist you.
However, any deviation to this agreement must be in writing.
We can dispose of tires separately for an additional charge:
Car & Truck tires are $15.00 each with a minimum charge of $75.00 and $20.00 if a rim is included with the tire.
Semi-truck or large tires are $25.00 each and $30.00 each if a rim is included. All tires and rims must be loaded
separately from any other refuse. Let us know if you want to dispose of tires and rims and we will make special
arrangements to handle these items as they are recycled at different locations.
PRICES:
15-Yard Dumpster (7x16x4)
1 to 7 days $300.00
*$35.00 per day fee for each additional day after 7-days for 15-yard dumpster
*Weight fee added of $95.00/ton (prorated) over first ton (2000 lbs.)
25-Yard Dumpster (7x16x6)
1-7 days $500.00
*$55.00 per day fee for each additional day after 7-days for 25-yard dumpster
Weight fee added of $95.00/ton (prorated) over first 1.5 tons (3000 lbs.)
Trip Fee-For excessive mileage
A trip fee is included for any location more than 20 miles away from the Walmart Store located in Porter, TX at a rate
of $3.00 per mile