RENTAL AGREEMENT AND DISCLAIMER
This agreement (“Agreement”) is entered into between L.A. Bound Babies (“LABB”) and _________________________ (“Renter”) on this ______ day of ______________, 2017, wherein Renter agrees to pay LABB rent for the use of products (the “Equipment”) provided by LABB.
DISCLAIMER AND RELEASE OF LIABILITY
- LABB is not the manufacturer, supplier, or retailer of the Equipment, nor is LABB the representative of same. Accordingly, all Equipment provided by LABB is being furnished AS IS, and LABB makes no express or implied representations or warranties regarding the Equipment.
- LABB expressly disclaims any warranty, express or implied, regarding the fitness for use for a particular purposes, the merchantability of the Equipment, the absence of defects of any kind, or any other matter regarding the Equipment.
- Renter is renting the Equipment AT RENTER’S OWN RISK. Renter agrees to disclaim, waive, and release LABB, its agents, assigns, and all other persons or entities affiliated in any with LABB, from any and all claims, damages, or suits of any kind. In particular:
- LABB will not be held liable to Renter for any injury to Renter, Renter’s children, or any other person, or any damage to property, that results from the use of the Equipment.
- LABB will not be held liable to Renter for any loss or damages resulting from the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, handling, transportation, or return of the Equipment, whether such loss or damage is due to negligence, the intentional torts of Renter or any other person, or strict liability.
- Responsibilities of Renter. Renter makes the following representations and warranties:
- All of the Equipment, individually and collectively, rented by Renter from LABB has been selected by Renter, is acceptable to Renter, and is suitable for Renter’s purposes.
- Renter is familiar with, and knows how to properly operate the Equipment and takes full responsibility for proper use of the Equipment.
- Delivery Policy. Depending on your destination city, deliveries and pickups will generally be scheduled within a two (2) to three (3) hour time window (“Transfer Window”). Once a Delivery Window is provided to Renter by LABB, Renter is responsible for ensuring that Renter or Renter’s agent is at the location specified for delivery or pickup (“Transfer Location”) during that Transfer Window. If the specified Transfer Location is a hotel or other facility open to the general public, Renter is responsible for ensuring that all necessary personnel at the Transfer Location are informed of the scheduled delivery or pickup.
If a delivery or pickup is attempted but not completed, whether in whole or in part due to Renter’s failure to ensure the delivery or pickup is completed, LABB will charge Renter an additional fee to reschedule.
- Rental Property. If the Transfer Location is a rental property, Renter shall inform property management, if any, of the delivery and pickup of Equipment at the rental property. If delay or loss of Equipment is caused due to property management being uniformed of the delivery or pickup, additional fees may apply.
- Gated Community. If the Transfer Location is within a gated community, Renter shall inform the gate guard of the delivery or pickup of Equipment, or provide LABB with the gate access code or keys to provide access to the gated community. If a delivery or pickup is attempted but fails due to inability to access the location, additional fees may apply.
- Private Home. If the Transfer Location is a private home, Renter shall notify LABB of a hidden area (in an enclosed porch, behind a side gate, in the back yard, etc.) where Equipment will be secure. Renter is responsible for lost or stolen items and shall take all necessary steps to prevent such loss, including the selection of a secure delivery/pickup location.
- Hotel. Hotel deliveries and pickups are generally made to and from the hotel’s bell closet. For pickups, Renter shall properly tag all Equipment with Renter’s name and place the Equipment in the bell closet prior to the start of the pickup Transfer Window. LABB recommends obtaining the name of the hotel staff person who accepted or assisted with placing the Equipment in the bell closet. If Renter checks out of the hotel and leaves Equipment in Renter’s hotel room or otherwise fails to place the Equipment in a location suitable for pickup by LABB without making prior arrangements with LABB, additional fees may apply. Renter is responsible for lost items in a hotel even after checkout is complete.
- Schedule Changes. Requests to change delivery or pickup times made less than 24 hours prior to the originally scheduled Transfer Window are subject to scheduling availability and may result in a schedule change fee.
- Cancellations and Early Termination.
- Early Cancellation. There is a $10 (ten dollar) processing charge on all orders cancelled more than 48 hours prior to the delivery date.
- Late Cancellation. Orders cancelled less than 48 hours prior to the delivery date will be charged 50% of the original order amount.
- Early Termination. Refunds on early returns vary from location to location. Contact your local LABB provider for the refund policy in your location. There are no refunds for early returns during the holiday period (November 25 through January 3) or during summer months (June 1 through September 1).
- Safety and Sanitation. Safety is a primary concern for LABB. LABB keeps all Equipment up to date, and all Equipment meets current federal safety standards. Equipment is checked and replaced as needed. For more information on product safety, please see the Consumer Products Safety Commission at www.cpsc.gov. All Equipment is cleaned and sanitized before delivery. Sanitation procedures may vary in each location. For specific cleaning procedures in a given location, please contact LABB at firstname.lastname@example.org.
- Equipment Loss or Damage. Renter agrees that all Equipment will be returned in the condition received, allowing for ordinary wear and tear. Please help us keep the Equipment safe and clean for our next little guest. LABB reserves the right to assess additional fees for cleaning, repair, replacement, or costs associated with loss or theft, due to Renter’s failure to properly care for and return the Equipment. All such additional fees will be charged to the Renter’s credit card on file with LABB.
- Food and Drink. With the exception of drinking water, LABB has a no food or drink policy for all Equipment except high chairs.
- Sand. LABB has a no sand policy on all strollers. Strolling on the concrete or surfaced boardwalk at the beach is allowed, but strolling on the beach, including on the sand, is not. Children and personal items with sand on them are not allowed in the strollers. Renter shall ensure that all Equipment is kept free of sand.
- Equipment Damage. Renter shall return Equipment with all accessories and parts intact and in proper working order. Renter agrees to pay the actual cost of repair or replacement of Equipment that is damaged beyond ordinary wear and tear.
- Loss or Theft. Renter is responsible for loss or theft of Equipment and agrees to pay for any replacement of such lost or stolen Equipment. If the loss occurs at a car rental agency or at a Transfer Location, LABB will allow Renter 72 hours to attempt to retrieve the lost item. If the item is not found, the Renter’s credit card on file will be charged the cost of replacement. LABB is not responsible for searching for any lost Equipment. Extra trips to pick up found Equipment may result in additional fees.
- Special Equipment.
- Full Size Cribs. Full size cribs cannot be transported in Renter’s vehicle. To transport a full size crib to a location other than the original delivery location, Renter must contact the local LABB provider and arrange for transfer of the full size crib. Contact information for the local LABB provider is included in your order confirmation email.
- Car Seats. Renter is responsible for installing car seats in his/her vehicle. LABB personnel cannot install car seats for Renter. Information regarding proper installation of car seats is generally posted on the car seat. Local fire stations may also install car seats. LABB is not responsible for Renter’s failure to properly install a car seat in vehicle used by Renter.
- Rental Period. The rental period begins at the originally scheduled Transfer Window for delivery of Equipment to the Transfer Location and ends when Equipment is returned to or picked up by LABB. Changes to the delivery and pickup dates indicated in your confirmation email may result in additional fees for an additional rental period.
- Short Term Rentals. There is a three (3) item maximum on orders booked for one (1) or two (2) nights.
- Full Size Cribs. Certain locations require payment of a 3-day rate for full-size cribs rented for less than three (3) days.
- Governing Law. This Agreement shall be governed by the substantive laws of the State of California. Venue shall be Los Angeles County, California.
- Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, whether oral or written.
- Modification. This Agreement may be amended by the parties at any time but only by written agreement, signed by both parties. No waiver of any breach of covenant in this Agreement shall be deemed to be a waiver of any other covenant of this Agreement. No such waiver shall be effective unless made in writing by the waiving party.
- Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, such provision or part thereof will be struck from the Agreement and the remainder of that provision, if any, and the remainder of the Agreement will remain in effect.
- Indemnification. Each party to this Agreement is indemnified against the negligent acts or omissions of the other party in the performance of this Agreement. Neither party will be considered the agent of the other, nor does either party assume any responsibility to the other party for the consequences of any act or omission of any person or entity not a party to this Agreement.
- No Assignment. Neither party may assign any rights or delegate any duties arising hereunder this Agreement unless such party first obtains the written consent of the other party to so assign a right or delegate any duty arising under this Agreement. Any purported assignment or delegation made under this Agreement without prior written consent of the other party is void and wholly ineffective. However, the terms of this Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of both parties.
- Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any right or remedy on any person or entity other than the parties to this Agreement.
- Dispute Resolution. If a dispute arises out of or relating to any aspect of this Agreement, or out of a breach thereof, and the dispute cannot be settled through negotiation for more than thirty (30) days, the parties agree to resolve the dispute through arbitration. For such arbitration, each party shall select one arbitrator and those two shall select a third arbitrator. The arbitrators shall meet in Los Angeles, California, and the decision of the majority of the arbitrators shall be binding on both parties. Each party shall pay one-half the costs of the arbitration.
- Jurisdiction. The federal and state courts of California shall have exclusive jurisdiction to adjudicate any dispute arising under this Agreement. Both parties expressly consent to the personal jurisdiction of the federal and state courts of California, and to service of process being made by registered mail sent to the authorized representatives listed in Paragraph 19 below.
- Notice. All notices are to be in writing and directed to the recipient specified below, either by hand delivery or registered mail. Either party may change the address for notification by sending notice in writing to the other party.
Address and contact person for notices:
L.A. Bound Babies
Francesca Pappagallo, [Title]
Renter Name: __________________________________
City, State, Zip: _________________________________
In witness whereof, the parties have read and fully understand all terms and conditions of this Agreement. The parties have executed this Agreement in duplicate original on the date of signing.
Date signed: _______________________________
L.A. Bound Babies
Renter Print Name