Please review the full rental agreement before submitting a reservation.
DISCLAIMER INTRODUCTION This Equipment Rental Agreement (“Agreement”), is effective as of the time of the reservation (“Effective Date”), is made and entered into by and between you (hereinafter the “Borrower”) and the rental equipment provider- Giggles and Gear Rentals (hereinafter the “Provider”). By submitting a reservation, making payment, taking delivery, or using the Equipment, Borrower agrees to be bound by this Agreement. Borrower must be at least 18 years old and legally authorized to enter into binding contracts.
EXPRESS ASSUMPTION OF RISK Borrower understands and agrees that the equipment may present inherent risks. Borrower hereby agrees that he/she is renting, operating or using the equipment provided by the Provider at his/her own risk. Borrower agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes full responsibility for all risk of injury, illness, damage other harm arising out of the rental, transport, installation, use, or misuse of the equipment, whether supervised or unsupervised., even if the risks arise out of the negligence or fault of the Provider. Borrower acknowledges that: children must be supervised at all times while using the equipment; equipment must be used only for its intended purpose; Borrower is responsible for reviewing manufacturer instructions prior to use.
WAIVER/RELEASE OF LIABILITY By the execution of this Agreement and to the fullest extent permitted by law, the Borrower agrees that the Provider shall not be liable for any damages arising from personal injuries sustained by Borrower or anyone under the Borrower’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by the Provider. The Borrower assumes full responsibility for any such injuries or damages which may occur and further agrees that the Provider shall not be liable for any loss or theft of personal property. The Borrower specifically agrees that the Provider shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE PROVIDER whether such negligence is present at the signing of this Release or takes place in the future. To the fullest extent permitted by law, Borrower releases Provider, its owners, employees, and contractors from any and all claims, liabilities, losses, damages, injuries, or demands arising from or relating to the rental, delivery, possession, use, or misuse of the equipment, including injuries to Borrower, children, guests, or third parties. Borrower agrees not to bring any claim against Provider for injuries or damages arising out of this rental transaction, except to the extent such waiver is prohibited by law.
EQUIPMENT CONDITION; INSPECTION All Equipment is inspected, cleaned, and tested before delivery. Borrower must inspect equipment upon delivery and notify Provider immediately of any issues. Continued use constitutes acceptance in good working order. Borrower may not modify or alter equipment. Borrower agrees to: follow manufacturer instructions at all times; ensure safe and appropriate use; supervise children at all times; use equipment only indoors unless specifically designed for outdoor use. Failure to comply voids any warranties and releases Provider from liability.
ACKNOWLEDGMENT OF WAIVER AND RELEASE Borrower states that he/she has had sufficient time to review this Agreement and to ask any questions associated with said Agreement. Borrower further states that he/she has carefully read the foregoing Agreement, knows the contents thereof, and has electronically agreed to this Agreement by reserving the item(s) on the website or via a call/email, as his/her own free act. Borrower warrants that he/she is aware that he/she may rent, operate, or use the equipment from another rental facility, but has chosen to rent, operate, or use equipment from the Provider with the knowledge that signing this Agreement is a requirement for reservation, rental, operation, and use of said equipment. Borrower further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against the Provider for the Provider’s negligence or any other claim or dispute arising as a part of this rental transaction.
SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall remain in full force and effect to accomplish the intent and purpose of the parties.
LIABILITY TO THIRD PARTIES/INDEMNIFICATION Borrower agrees to defend, indemnify, and hold harmless Provider from all claims, damages, losses, costs, and expenses (including attorney’s fees) arising from or related to: Borrower’s use, misuse, or possession of the equipment; failure to supervise children; breach of this Agreement; third party claims relating to the equipment.
DAMAGES & LATE RETURNS The Provider may keep the Borrower’s credit card on file to cover any late return charges, excessive equipment damages or equipment loss. In addition, sometimes Provider may require you to put down a refundable security deposit at the time of equipment delivery or pickup as an additional security. The Borrower’s credit card shall not be charged if the equipment is not damaged, lost or returned earlier than the agreed date by the Borrower. In the event the Provider charges a security deposit, they are bound to return the security deposit immediately upon return of the rental goods in un-damaged condition. The Provider will inform the Borrower of any additional charges prior to charging the Borrower’s credit card.
The renter agrees that the products must be returned in the condition received or any cleaning fees assessed by the provider will apply to the credit card on file. Please help us keep the equipment clean and safe for our next little guest.
Borrower is responsible for loss or theft of rental equipment and agrees to pay for any replacements needed. Products must be returned with all accessories and parts intact and in proper working order. Any excess damage to rental equipment aside from normal wear will be repaired or replaced (depending on the condition) at the expense of Borrower. Any additional fees resulting from loss, theft, repair or replacement will apply to the credit card on file. Note that in the event of a lost item at a hotel, car rental agency, rental property or any other type of delivery and pick up destination, the Provider will give Borrower72 hours to work with their visited location in order to try and retrieve the lost product. It is not the responsibility of the Provider to try and retrieve lost equipment from Borrower’s destination. After the 72-hour time period, if the product is not retrieved the card on file will be charged for the cost of the item. Any extra trips to retrieve equipment again may result in an additional delivery fee.
DELIVERY POLICY Depending on your destination city, there is a 2 - 4-hour time window needed for all deliveries and pickups of equipment (airport orders work differently as we arrange to meet you at your specific times of arrival and departure). Once a selected time window is confirmed for delivery and pick up, it is the Borrower’s responsibility to make sure someone is either at the location during that time window or that we have access to the location for delivery and pickup if no one can be present. If no one is available at the location during your designated delivery or pick up time windows and Provider cannot gain access, there will be an attempt to reschedule with an additional delivery fee. If the destination is a rental property, it is Borrower’s responsibility to inform the property management company that they have hired a baby equipment rental company to deliver and pickup equipment from the property. If property management is unaware of the rental causing delay of pick up/ delivery or loss of product then additional fees may apply. If your property is in a gated community and Provider cannot gain access due to not notifying the guard gate or neglecting to provide a gate code causing delay additional charges may apply. If Borrower is selecting a porch pick-up and delivery on the reservation form, the above information is especially important to remember. Borrower is responsible for lost or stolen items from a porch even after check out is complete so please make sure all equipment is in a hidden area, side gate or back yard. If Borrower is staying in a hotel, delivery and pick up are usually made from the hotel bell closet. It is Borrower’s responsibility to make sure the equipment is tagged and placed back into the bell closet at the starting hour of the pickup time slot selected. DO NOT check out and leave the equipment in your room. If the equipment is not placed at the bell closet for return and our staff spends an excessive amount of time looking for it, an extra $45 charge will apply. Note that if you are in a restricted hotel and using our meet and greet service and then decide not to meet your delivery person at the scheduled pickup time that was selected on the reservation form and instead give the equipment to the lobby/ bellman, then the hotel will charge between $50 to $75 to retrieve the items back which Provider would then charge to Borrower’s account on file. It is very important to understand that these are hotel policies.
Borrower is responsible for lost items in a hotel even after check-out is complete so, please make sure all equipment is tagged with your name upon check out. It is also recommended that Borrower obtain the name of the bellman or hotel staff member that assisted with the equipment.
SCHEDULE CHANGES Any requests to change the delivery or pick up times within a 24-hour period are subject to scheduling availability and may result in a schedule change fee. Note that certain locations require a 3-day rate on items. You may book items for only 1 or 2 nights, but a 3-night charge may apply. There is a 3-item maximum on orders booked for only 1 or 2 nights.
CANCELLATIONS & EARLY TERMINATION There is a $25 processing fee on all confirmed orders canceled prior to 72 hours of the delivery date. Orders canceled within 72 hours of the delivery date will be charged 50% of the product total or the minimum order amount for that area whichever is greater plus the $25 processing fee. Delivery charges will be fully refunded. Orders canceled prior to being confirmed will be refunded 100%. NOTE THERE ARE NO REFUNDS ON ORDERS AFTER THEY HAVE BEEN DELIVERED, TERMINATED EARLY OR POSTPONED FROM THE ORIGINAL DELIVERY DATE.
SAFETY/ SANITATION Safety is a primary concern when renting baby equipment. All equipment is up-to-date and meets current federal safety standards. Equipment is checked and replaced as needed with a focus on the changing baby industry. For more information on product safety please see the Consumer Products Safety Commission at www.cpsc.gov. All equipment is properly cleaned and sanitized before delivery using Clorox Healthcare Hydrogen Peroxide disinfectant wipes. Linen is washed with ALL Baby detergent.
CAR SEAT INSTALLATION Sorry but car seats cannot be installed for you. Borrower is solely responsible for proper installation and use. Information on installing car seats are generally posted on the car seats themselves as well as the manufacturers website. Local fire stations can also assist with installing car seats, should you require help.
NO WARRANTIES Provider makes no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY To the maximum extent permitted by law, Provider’s total liability arising out of or relating to this Agreement shall not exceed the total rental fees paid.
GOVERNING LAW; DISPUTE RESOLUTION. This Agreement is governed by the laws of the State of Florida. Any disputes must be resolved through binding arbitration on an individual basis. Venue shall be in Sarasota, Florida. Class actions are waived.
FORCE MAJEURE Provider is not responsible for delays or failure to perform due to events outside its control (e.g., weather, labor issues, emergencies).
ENTIRE AGREEMENT This Agreement constitutes the full understanding between Borrower and Provider, superseding prior agreements.
ACKNOWLEDGMENT By placing an order, making payment, or using the equipment, Borrower acknowledges that they have read and understood this Agreement and accept its terms voluntarily.