Terms of Service (ToS)

These Terms of Service (the “Terms”) govern your access to and use of the website located at https://thelavatory.com (the “Site”) and your purchase or use of any equipment rental, delivery, servicing or related service offered through it (together, the “Services”). Please read them carefully. They contain a mandatory arbitration provision and a class action waiver in Section 25 that affect how disputes between us are resolved.

By using the Site, requesting a quote, placing a reservation, signing a rental agreement, or accepting delivery of equipment, you agree to be bound by these Terms. If you do not agree, do not use the Site or the Services.

1. Who you are contracting with

The Site and the Services are provided by Mavirus Group, LLC, a California limited liability company doing business as The Lavatory, with its principal place of business at 3714 N. Valentine Ave., Fresno, California 93722 (“The Lavatory,” “we,” “us” or “our”).

Mavirus Group, LLC operates several distinct brands, including The Lavatory, KryoFridge and On-Site Hydration Services. These Terms apply to the Services offered under The Lavatory brand through this Site. Other brands operate their own websites under their own terms. A rental placed with one brand does not create rights or obligations under another.

References in these Terms to “you” or “Customer” mean the individual or entity requesting or receiving the Services. If you accept these Terms on behalf of a company, agency, venue or other organization, you represent that you have authority to bind that organization, and “you” means that organization.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Site or the Services. We may decline to provide the Services to any person or for any location at our discretion, including where a request falls outside our service areas, exceeds available fleet capacity, presents a safety or access problem at the site, or where required approvals have not been obtained.

3. What we provide

We rent, deliver, place and service self-contained trailer-mounted equipment. Depending on availability and location, this includes luxury restroom trailers in a range of station counts, ADA-configured restroom trailers, shower trailers, combination shower and restroom trailers, laundry trailers, standard portable restrooms, generators, and the servicing that keeps those units usable during a rental.

Rentals generally fall into three categories:

We deliver, position, level and service the equipment. You do not tow, set up, relocate or dismantle our equipment. Rental does not include an operator remaining on site unless your rental agreement expressly says so.

We serve defined regions from our own yards, including Central California, Northern California, Southern California, Nevada, Utah, Texas and Hawaii. Availability varies by region, by date and by unit type. Nothing on the Site is an offer or a guarantee that a specific unit is available for a specific date until we confirm it in a rental agreement.

4. Quotes, reservations and how a rental becomes binding

Information on the Site, including equipment descriptions, availability indications, and any figure produced by an online quote tool, is provided for planning purposes and does not by itself create a contract.

1. Quote. A quote is an estimate based on the information you supply. It is valid only for the period stated on it, and it assumes the site conditions, dates, duration, unit types and service frequency described in it.
2. Reservation. A reservation is confirmed only when we issue a rental agreement or order confirmation and receive the required deposit. Dates and specific units are not held for you before that point.
3. Rental agreement. The signed rental agreement, together with any order confirmation, service schedule, site plan, addendum or statement of work referenced in it, is the operative contract for that rental.

5. Pricing, payment and deposits

Pricing depends on unit type, quantity, rental duration, delivery distance from the serving yard, service frequency, site conditions, seasonality and any accessories or generators included. Pricing is quoted per rental and is not published on the Site.

Payment terms, including the deposit required to secure a reservation, accepted payment methods, and when the remaining balance is charged, are set out in our Payment, Refund and Cancellation Policy, which is incorporated into these Terms by reference. Where a signed rental agreement states different payment terms for a specific rental, the rental agreement controls.

You authorize us to charge the payment method on file for amounts due under your rental agreement, including the balance due before delivery and any charges properly incurred during or after the rental under Sections 9, 10 and 12. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and you are responsible for reasonable costs of collection, including attorney fees, to the extent permitted by law.

Quoted amounts are exclusive of sales, use, rental and similar taxes and of any permit, franchise, environmental or regulatory fees, unless a rental agreement states otherwise. You are responsible for those amounts, other than taxes on our net income.

6. Changes, cancellations and rescheduling

Cancellation and refund terms, including cancellation fees and the windows in which they apply, are set out in our Payment, Refund and Cancellation Policy. In summary and without limiting that policy: cancellations are subject to a cancellation fee, cancellations made close to the scheduled delivery incur additional charges, cancellations made within 72 hours of the scheduled delivery are not refundable, custom and special-order items are not refundable, and no credit is issued for services ordered but not used.

Changes to dates, unit counts, unit types, delivery locations or service frequency are subject to availability and may change pricing. A change is effective only when we confirm it in writing. Verbal changes given to a driver on site are not confirmed changes.

If your event or project is shortened, delayed or ends early, the rental term and charges stated in your rental agreement continue to apply unless we agree otherwise in writing.

7. Delivery, site access and site readiness

Delivery windows are estimates. We schedule around route, distance, traffic, weather, site access and the needs of other customers on the same route. We are not liable for delays caused by conditions outside our reasonable control, including those described in Section 20.

Before delivery, you are responsible for ensuring, at your cost, that:

• The site is reachable. A truck towing a trailer needs a firm, reasonably level, unobstructed route in and out, with adequate width, turning radius and overhead clearance. Soft ground, sand, mud, steep grades, low branches, tight gates, narrow driveways and posted weight limits can make a site undeliverable.
• The placement area is suitable. The final position must be firm and reasonably level, clear of vehicles and equipment, and clear of overhead and underground hazards. You are responsible for identifying private underground utilities, irrigation, septic components, vaults and similar features in the placement area.
• Access is arranged. Gate codes, keys, escorts, badging, security clearance, parking, road closures and any venue or site check-in requirements are in place for the scheduled window.
• Approvals are obtained. Any permit, license, venue approval, HOA approval, encroachment permit, fire marshal sign-off or health department approval required to place or use the equipment at the site is your responsibility unless your rental agreement says we will obtain it.
• Someone can be reached. A contact who can answer questions about placement is available by phone during the delivery window.

If our crew arrives and the site is not ready, access is blocked, the placement area is unusable, or a required approval is missing, we may reposition the unit at the nearest suitable location, return at a later time, or leave the site. Additional trips, waiting time and rescheduling are chargeable.

You are responsible for the placement location you direct. We are not responsible for damage to driveways, pavement, curbs, landscaping, turf, irrigation, sprinkler heads, unmarked private utilities or other surface and subsurface features caused by the ordinary weight and movement of a truck and trailer along the route and placement you designate.

8. Power, water and propane

Trailers require a power source and, depending on configuration and rental length, a water source. Unless your rental agreement expressly includes a generator or a water service, you are responsible for providing suitable power and water at the site and for the cost of that utility use.

Where a generator is included in the rental, fuel, refueling and safe placement are addressed in the rental agreement. Where a unit uses propane, including shower and laundry equipment, propane supply and refills are handled as described in your rental agreement and may be billed per occurrence.

You are responsible for protecting the equipment from freezing conditions where the rental agreement makes winterization your responsibility, and for notifying us promptly if a freeze event is expected at the site.

9. Servicing, pumping and restocking

Most rentals include scheduled service visits. Depending on what your rental agreement provides, a service visit may include some or all of the following: pumping the waste holding tank, filling the fresh water tank, interior cleaning, and restocking consumables such as toilet paper, paper towels and hand soap. The service scope and frequency stated in your rental agreement is what is included. Anything outside it is an additional service.

To allow servicing, you must ensure that our crew can reach the unit on the scheduled service day, including access to the site, a clear path to the unit, and access for a pumper truck where pumping is scheduled. If we cannot access the unit on a scheduled visit, that visit is treated as performed and the trip is chargeable.

Usage above the level contemplated in your rental agreement, including guest counts materially higher than those quoted, will exhaust tank capacity and consumables faster than the scheduled cadence. Additional service visits arranged for that reason are chargeable. Overflow, odor or unavailability of a unit caused by usage above the quoted level, or by delayed service access, is not a service failure on our part.

Emergency and after-hours service is available and is charged accordingly.

10. Your responsibilities during the rental

From delivery until we retrieve the equipment, you have care, custody and control of it. You agree that you and your guests, employees, contractors and invitees will:

• Use the equipment only for its intended purpose and in a safe, lawful manner.
• Not move, tow, relocate, raise, re-level, modify, repaint, re-brand, or attach anything to the equipment, and not remove or obscure any signage, decal, serial number or tracking device.
• Not exceed the stated occupancy or usage capacity of a unit.
• Not dispose of anything in the fixtures other than ordinary human waste and the consumables we supply. Wipes, feminine products, diapers, paper towels, food waste, grease, chemicals, paint, solvents, construction debris and hazardous materials are prohibited, and any resulting blockage, pump-out, repair or remediation is chargeable.
• Not connect the unit to, or disconnect it from, any utility except as we have instructed.
• Keep the interior in reasonable condition between service visits, particularly on long-term rentals where cleanliness and restocking between scheduled visits are your responsibility as stated in your rental agreement.
• Provide reasonable security for the equipment at the site and take reasonable steps to prevent vandalism, theft and unauthorized use.
• Notify us promptly of any malfunction, damage, leak, spill, tank overflow, accident, injury, theft, vandalism, or claim involving the equipment.
• Not sublet, lend, assign, pledge or permit any lien to attach to the equipment.

11. Ownership of the equipment

The equipment is and remains our property at all times. A rental transfers possession and use for the rental term only. It transfers no title, no ownership interest, and no option or right to purchase. You will keep the equipment free of liens and encumbrances, and you will notify us immediately if any person asserts a claim, levy, lien or legal process against it. You will not allow the equipment to be treated as a fixture or as part of any real property.

12. Damage, loss and repairs

You are responsible for the equipment while it is in your possession. Consistent with our rental agreement terms, the Customer is responsible for any damage to the equipment during the rental, and for the cleanliness and restocking of the unit to the extent the rental agreement assigns those to you. Ordinary wear and tear from normal use is excepted.

Chargeable items include, without limitation: damage to interiors, fixtures, doors, walls, flooring, mirrors, plumbing, HVAC, electrical systems, stairs, railings, exterior surfaces and the trailer chassis; blockages and repairs caused by prohibited disposal under Section 10; excessive soiling requiring cleaning beyond a normal turn; missing or damaged accessories, keys and equipment; theft or vandalism at the site; and loss of rental revenue for the time a unit is out of service for repair.

Repairs are performed by us or by a vendor we select. You may not repair, or authorize anyone else to repair, our equipment. If the equipment is destroyed, stolen or damaged beyond economical repair, you are responsible for its replacement value plus associated costs, less any amounts we actually recover from insurance.

Where a damage waiver or similar option is offered and accepted, its scope and exclusions are stated in the rental agreement. A damage waiver is not insurance and does not cover loss caused by prohibited use, negligence, theft without evidence of forced entry, or the disposal violations described in Section 10.

13. Insurance

You are responsible for maintaining insurance appropriate to your site and use, including general liability coverage, and, where your rental agreement requires it, coverage for the equipment while in your possession. On request, or where your rental agreement requires it, you will provide a certificate of insurance naming Mavirus Group, LLC as an additional insured and, where applicable, as loss payee for the equipment, before delivery. Where your own project, venue or agency requires a certificate from us, we will provide one on request.

14. Retrieval, right of entry and repossession

You grant us and our carriers, drivers, service crews and vendors the right to enter the site at reasonable times to deliver, position, inspect, service, repair and retrieve the equipment, and to do so at any time in an emergency.

If the equipment is not accessible for scheduled pickup, additional rental days and additional trip charges apply until it is retrieved. If your rental agreement is terminated, if payment is materially past due, or if the equipment is being used in a way that risks damage, injury or legal exposure, we may enter the site and retrieve the equipment without further notice, to the extent permitted by law, and you will remain responsible for amounts due.

15. Compliance, permits and site conditions

You are responsible for complying with all laws, codes, ordinances and site rules applicable to your use of the equipment at your site, including permitting, placement, occupancy, sanitation and waste handling requirements. You are responsible for identifying any condition at the site that could make delivery, servicing or use unsafe, including contamination, hazardous materials, unstable ground, restricted airspace and overhead power lines, and for telling us about it before delivery.

16. Accessibility

We offer ADA-configured units. Whether a particular configuration, placement, path of travel, ramp arrangement or unit count satisfies the requirements applicable to your event, project or facility depends on your site and your obligations, which we do not control. Selecting an ADA-configured unit does not by itself make your site compliant, and you remain responsible for accessibility compliance at your site. We are glad to discuss configurations that commonly fit particular use cases.

17. Use of the Site

17.1 Acceptable use

You agree to provide accurate, current and complete information when requesting a quote or placing a reservation, and to keep it updated. Incorrect site addresses, contact details, access instructions, dates or usage estimates directly affect our ability to perform, and any additional cost caused by inaccurate information is chargeable.

You agree not to use the Site to violate any law, infringe any right, transmit malicious code, scrape or harvest data, probe or test the security of the Site, interfere with its operation, submit false or fraudulent requests, or misrepresent your identity or authority. Additional rules are set out in our Acceptable Use Policy.

17.2 Intellectual property

The Site and its contents, including text, photographs, video, graphics, layout, design, software, trademarks, service marks, logos and trade dress, are owned by or licensed to Mavirus Group, LLC and are protected by intellectual property laws. “The Lavatory,” “KryoFridge,” “On-Site Hydration Services” and “Mavirus Group” and their associated logos are our marks. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for the purpose of evaluating and arranging our Services. Any other use, including reproduction, republication, framing, scraping, data mining, use for training machine learning models, or use of our photography or copy on another website, requires our prior written consent.

17.3 Feedback and reviews

If you submit a review, testimonial, photograph, suggestion or other content to us or about us, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce and display it in connection with our business, including on the Site and in marketing, with attribution limited to a first name and, where applicable, a general location.

17.4 Third-party links and services

The Site links to and incorporates third-party services, including mapping and address autocomplete, analytics, payment processing, call tracking and messaging providers. We do not control those services and are not responsible for their content, availability or practices. Your use of a linked third-party site is governed by that party’s terms.

18. Photography at your site

We may photograph our equipment as delivered and placed, for quality control, dispatch records, damage documentation and marketing. We do not photograph guests as subjects, and we do not identify private individuals or private residential addresses in marketing. If you prefer that no marketing photography be taken at your site, tell us before delivery and we will note it on the order.

19. Communications

By providing your contact information, you agree that we may contact you by phone, email and text message about your quote, reservation, delivery, servicing, pickup and account. Calls to and from our published numbers may be recorded or monitored for quality, training and dispatch accuracy where permitted by law.

Text messaging is used to support an active or upcoming rental and is not used for marketing on our service line. How we obtain consent before sending text messages, what we send, how often, and how to get help or stop messages is described in our SMS Messaging Policy. You can reply STOP at any time to stop messages and HELP for help. Message and data rates may apply.

20. Events outside our control

We are not liable for any delay or failure to perform caused by conditions beyond our reasonable control, including fire, flood, storm, earthquake, extreme heat or cold, wildfire and smoke, road closure, evacuation order, epidemic, war, civil unrest, terrorism, labor dispute, government action, utility failure, fuel shortage, supplier failure, vehicle breakdown, accident, or site conditions that make delivery or servicing unsafe. Where such an event occurs, we will make reasonable efforts to reschedule or to substitute comparable equipment.

21. Substitution and subcontractors

We may substitute a unit of comparable or greater capability where the specific unit reserved is unavailable due to damage, mechanical failure, a prior customer’s delayed return, or a scheduling conflict. We may use affiliates, carriers, drivers, service vendors and subcontractors to perform any part of the Services. We remain responsible for the performance of our subcontractors under your rental agreement.

22. Disclaimer of warranties

The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties of any kind with respect to the Site, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and we do not warrant that the Site will be uninterrupted, timely, secure or error free, or that any information on it is accurate, complete or current.

With respect to equipment, we warrant only that units will be delivered in good working order and reasonably clean condition, and that we will service them as your rental agreement provides. To the fullest extent permitted by law, we make no other warranty as to the equipment, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. Determining whether a particular unit type, station count, configuration or quantity is adequate for your event, guest count, workforce, site or regulatory obligations is your responsibility. We will gladly advise, and our advice is not a guarantee of suitability or compliance.

23. Limitation of liability

To the maximum extent permitted by law, neither Mavirus Group, LLC nor its members, managers, officers, employees, agents, affiliates or subcontractors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, loss of data, loss of goodwill, cost of substitute services, event cancellation or postponement costs, venue or vendor charges, project delay or standby costs, or liquidated damages assessed against you by a third party, arising out of or relating to the Site, the Services, the equipment, or these Terms, whether based in contract, tort, strict liability or otherwise, and whether or not we were advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Site, the Services or a rental will not exceed the amounts you actually paid to us for the specific rental giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or personal injury caused by our negligence to the extent such limitation is prohibited.

24. Indemnification

You agree to defend, indemnify and hold harmless Mavirus Group, LLC and its members, managers, officers, employees, agents, affiliates and subcontractors from and against any claim, demand, action, loss, liability, damage, fine, penalty, cost or expense, including reasonable attorney fees, arising out of or relating to: your use of the Site or the Services; your use, misuse or storage of the equipment; the condition of, or any act or omission at, your site; injury to any person or damage to any property at your site other than to the extent caused by our negligence or willful misconduct; your breach of these Terms or of a rental agreement; your violation of any law or of any third-party right; and any content you submit to us.

25. Dispute resolution and arbitration

25.1 Talk to us first

Most issues are resolved quickly by a phone call. Before starting any formal proceeding, you agree to contact us at [email protected] with a written description of the dispute and the relief sought, and to allow us 30 days to resolve it informally.

25.2 Binding arbitration

If the dispute is not resolved within 30 days, any dispute, claim or controversy arising out of or relating to these Terms, the Site, the Services, the equipment, or the relationship between us, including questions of the formation, scope, interpretation, enforceability or validity of this arbitration provision, will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, or by another nationally recognized arbitration provider that we mutually agree on, before a single arbitrator. The arbitration will take place in Fresno County, California, unless we agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

25.3 Class action waiver

Disputes will be arbitrated only on an individual basis. You and we each waive any right to bring or participate in a class, collective, consolidated or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court.

25.4 Exceptions

Either of us may bring an individual claim in small claims court if it qualifies. Either of us may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or to recover possession of equipment.

25.5 Time limit

To the extent permitted by law, any claim arising out of or relating to the Site, the Services or a rental must be brought within one year after the claim arose, or it is permanently barred.

26. Governing law and venue

These Terms and any dispute arising out of them are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to Section 25, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Fresno County, California.

27. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive or unlawful activity. Termination of Site access does not by itself terminate a rental agreement. Termination of a rental agreement is governed by that agreement and by our Payment, Refund and Cancellation Policy.

28. Privacy

Our collection and use of personal information is described in our Privacy Policy, our Cookie Policy, and, for California residents, our CCPA Privacy Notice, each of which is incorporated into these Terms by reference.

29. General

• Entire agreement. These Terms, together with the policies incorporated by reference and any signed rental agreement, are the entire agreement between us regarding their subject matter and supersede prior discussions and proposals.
• Assignment. You may not assign or transfer these Terms or a rental agreement without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in effect.
• Survival. Sections 11, 12, 13, 22, 23, 24, 25, 26 and 29 survive expiration or termination.
• Notices. Notices to us should be sent to the address in Section 31. Notices to you may be sent to the email or postal address on your order.
• No third-party beneficiaries. These Terms do not create rights in any person who is not a party to them.
• Headings. Headings are for convenience and do not affect interpretation.

30. Changes to these Terms

We may update these Terms. The effective date at the top of this page shows when the current version took effect. Changes apply prospectively from the effective date and do not alter the terms of a rental agreement already signed. Your continued use of the Site after the effective date means you accept the updated Terms. We suggest reviewing this page before placing a new reservation.

31. Contact us