This Agreement shall be between you the "Client" and "A to Z Baby Rentals, Inc." 1510 Stickney Point Road, Sarasota, Florida 34231, for the rental of personal property, herein referred to as "Equipment". A to Z Baby Rentals, Inc. remains the sole owner of all its Equipment. The Client hereby recognizes that the Equipment shall be for personal use only. A to Z Baby Rentals, Inc. requires a minimum order amount to qualify for FREE Delivery. Otherwise a delivery/pick-up fee may be charged.
Payment of Rental Fees
All reservations must be secured with a valid Visa, MasterCard or Discover. The Client agrees that all rental fees plus taxes and delivery, if any, will be charged to the credit card upon receipt of Equipment, unless prior arrangements have been made for payment in cash upon receipt of the Equipment. If the Client has arranged to pay the rental fees with cash and fails to do so immediately at the start of the Rental Period, A to Z Baby Rentals, Inc. reserves the right to charge the credit card provided for the total amount of the reservation plus a $25 non-payment fee. By providing their credit card information, Client hereby accepts the Rental Terms & Conditions contained herein, even if the agreement is not signed.
Cancellation Fees
The Client acknowledges that all cancellations must be made 48 hours before the pre-arranged delivery time. The Client agrees that if an order is cancelled within 48 hours of the pre-arranged pick-up or delivery time, the minimum three-day rental fee for each piece of Equipment reserved will be charged to the credit card provided. The Client further agrees that no shows will be charged the full rental price for the duration of the agreed upon rental period.
Delivery of Equipment
A to Z Baby Rentals, Inc. will make all reasonable efforts to deliver the Equipment prior to arrival and/or pick-up the Equipment after the Client’s departure, if such arrangements have been made in advance. A to Z Baby Rentals, Inc. cannot be responsible for unforeseen inability to access the Client’s requested delivery location for delivery or pick-up. A to Z Baby Rentals, Inc. reserves the right to refuse delivery to any place we consider impractical or unsafe.
Delivery of Equipment to Hotels & Condos
The Client understands and agrees that if delivery is to take place at a hotel or condo prior to the Client’s arrival, it is the Client’s responsibility to notify the hotel or condo in advance, including the concierge, if any, that A to Z Baby Rentals, Inc. will be making a delivery at the scheduled time and arrange for a delivery location. The Client further agrees that it is his/her responsibility to return all Equipment to a predetermined location within the hotel or condo clearly marked with “A to Z Baby Rentals” and to notify the front desk staff at what time the Equipment is scheduled for pick-up.
Location of Equipment
The Client agrees that it will keep all Equipment in its possession at the address indicated to A to Z Baby Rentals, Inc. and will not remove the Equipment from said address without agreement in writing executed by A to Z Baby Rentals, Inc.
Receipt of Manuals
The Client agrees to comply with the manuals published and printed by the manufacturers which may be provided with the Equipment and acknowledges that A to Z Baby Rentals, Inc. is not responsible for the Client’s failure to abide by recommendations or instructions in said manuals.
Damage to or Loss of Equipment
The Client acknowledges that all equipment was received clean and in proper, working condition. Client further agrees that any all damage to the Equipment will reported to A to Z Baby Rentals, Inc. immediately. In the event of damage and/or partial destruction from any cause whatsoever, the Client agrees to pay to A to Z Baby Rentals, Inc. a reasonable cost of repair to said Equipment. The Client understands that items from the "Night-Night," and "Toys & More" Categories are FOR INDOOR USE ONLY and agrees to pay an additional fee if any Equipment is returned with excessive soiling needing more intensive cleaning. Excessive soiling may include: excess sand, dirt or mud, chewing gum, vomit, stickers, crayon, markers, or other difficult to remove substances. The Client is fully responsible for the loss, theft or destruction of Equipment from all causes whatever and agrees to pay the owner replacement value of the Equipment in such event. If any misuse or negligence on the part of the Client results in irreparable damage to Equipment owned by A to Z Baby Rentals, Inc., or if the Equipment is not returned, lost or stolen, the Client’s credit card will be charged the full replacement cost of the damaged Equipment.
Damage to or Loss of Packing Materials
The Client agrees to maintain all packing materials (bags, boxes, straps, etc..) in good condition or supplemental charges may apply.
Return of Equipment
It is the responsibility of the Client to return their equipment or ensure that all Equipment is available for pick-up by A to Z Baby Rentals, Inc. at the agreed upon time. If the Client wishes to keep the Equipment past the agreed time, he/she will be required to pay an additional day's rent for each item. The Client agrees that failure to return Equipment at the agreed date and time will result in an additional service charge of $50.00 plus all additional rent for the extended period. In the event that Equipment is lost or not returned, the replacement value of the lost item/s will be charged to the Client’s credit card.
Minors
The Client agrees that he/she is over 18 years of age.
Limitation of Liability
LIABILITY FOR DIRECT DAMAGES: A TO Z BABY RENTALS, INC. AND THEIR AFFILIATES, AGENTS (WHICH SHALL INCLUDE LONGBOAT KEY BP AND ISLAND BREEZE INN), SUPPLIERS AND SUBCONTRACTORS (COLLECTIVELY, “A TO Z BABY RENTALS, INC. PROVIDERS”) TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY OR LOSSES (COLLECTIVELY, “DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE AMOUNTS PAID BY THE CLIENT TO A TO Z BABY RENTALS, INC. PURSUANT TO THIS AGREEMENT.
NO LIABILITY FOR CERTAIN DAMAGES: A TO Z BABY RENTALS, INC. AND A TO Z BABY RENTALS, INC. PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING LOST PROFITS, ANTICIPATED OR LOST REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
FOR GREATER CERTAINTY, THE LIMITATION AND EXCLUSION OF A TO Z BABY RENTALS, INC.'S LIABILITY SET OUT HEREIN SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT AND SHALL APPLY TO ANY OF A TO Z BABY RENTALS, INC.'S OBLIGATIONS OF INDEMNIFICATION SET OUT IN THIS AGREEMENT.
Indemnity
The Client agrees to defend, fully indemnify and hold harmless A to Z Baby Rentals, Inc. and its affiliates, agents (which shall include Longboat Key BP and Island Breeze Inn), suppliers, subcontractors and customers, and each of their successors and assigns, from and against any and all claims, demands, suits, actions, causes of action and/or liability, of any kind whatsoever, for damages, losses, costs and/or expenses (including legal fees and disbursements) arising in connection with this Agreement, including without limitation: (i) any and all breaches by the Client of any terms or conditions of this Agreement; (ii) damages to persons or property, personal injury or death caused by the negligent or willful acts or omissions of the Client arising in connection with this Agreement; and (iv) any claim by a third party against A to Z Baby Rentals, Inc.
Governing Law
The present Agreement is governed by the laws of the State of Florida. |
