Agreement and Release of Liability
Palm Beach Baby Rentals
Terms and Conditions / Rental Agreement & Release of Liability
This Terms and Conditions Agreement (“Agreement”) is entered into by and between Palm Beach
Baby Rentals (the “Company”) and the individual placing a reservation (“Client”). By completing a
reservation, Client acknowledges and agrees to be bound by the terms set forth herein. Electronic
acceptance of this Agreement shall have the same force and effect as a written signature.
All rental equipment provided by the Company remains the sole property of the Company and is
provided for temporary use only. Client agrees to use all equipment strictly for its intended purpose
and in accordance with all manufacturer instructions, safety guidelines, and applicable laws,
including but not limited to child safety regulations. Client further agrees to supervise all children at
all times while using the equipment and not to misuse, alter, modify, or tamper with any item. Any
misuse, improper installation, or failure to follow manufacturer instructions shall constitute an
assumption of full liability by the Client.
Delivery and pickup windows selected at the time of booking are requested preferences only and
are not guaranteed. The Company will communicate a confirmed delivery window prior to the
reservation start date. Client is responsible for ensuring access to the delivery location. The
Company reserves the right to leave equipment with a concierge, front desk, secure location, or
inside the premises if access has been provided. The Company does not guarantee installation or
setup of any equipment. Any assistance provided with setup is done solely as a courtesy and does
not create any liability or responsibility on the part of the Company. Client is solely responsible for
verifying proper assembly, installation, and safe use of all equipment.
Client is required to inspect all equipment immediately upon delivery. Any issues, defects, or
concerns must be reported to the Company within twenty-four (24) hours of delivery. Failure to
provide such notice shall constitute full acceptance of the equipment in its delivered condition.
Continued use of the equipment further confirms such acceptance.
All equipment is cleaned, sanitized, and inspected between rentals. Client agrees not to use any
equipment if it has been exposed to illness, infestation, or contamination, including but not limited to
lice, fleas, or communicable conditions. Client must notify the Company immediately if such
exposure occurs. Client further agrees not to use unauthorized cleaning methods or chemicals,
including but not limited to bleach, steam, or harsh cleaning agents, unless expressly approved by
the manufacturer. The Company reserves the right to charge additional cleaning or replacement
fees where necessary.
Client assumes full responsibility for all equipment during the rental period, including but not limited
to damage, loss, theft, or missing parts. Client authorizes the Company to charge the payment
method on file for repair, cleaning, or replacement costs, including full retail replacement value
where applicable.
Certain items, including but not limited to car seats, bed rails, and baby gates, are considered
higher-risk equipment. The Company does not install these items under any circumstances. All
such equipment is provided in manufacturer condition only, and Client assumes full responsibility
for installation, proper use, and compliance with all safety standards.
In the event that a rented car seat is involved in a motor vehicle accident during the rental period, Client agrees to notify the
Company immediately. Such car seat shall be deemed unsafe for future use and must be replaced
at the Client’s expense.
Client assumes all risks associated with outdoor or environmental use of equipment, including
exposure to weather, sand, water, and public environments. Equipment must not be left unattended
in unsecured or public areas.
The rental period is defined at the time of booking. Equipment must be returned at the scheduled
end of the rental period. Late returns may result in additional charges, and failure to return
equipment may result in continued rental fees or full replacement charges.
All reservations are subject to the following cancellation policy. A full refund is available only if the
reservation is canceled at least seven (7) days prior to the scheduled rental start date. If a
reservation is canceled within seven (7) days but more than forty-eight (48) hours prior to the rental
start date, Client shall receive a fifty percent (50%) refund of the total rental amount minus service and admin fees.
No refunds,credits, or date changes will be issued within forty-eight (48) hours of the rental start date or at any
time during the rental period, for any reason whatsoever, including but not limited to illness, travel
delays, weather events, natural disasters, or personal circumstances.
All equipment is provided “as is” and “with all faults.” The Company makes no warranties, express
or implied, including but not limited to warranties of merchantability or fitness for a particular
purpose.
Limitation of Liability: To the fullest extent permitted by applicable law, Palm Beach Baby Rentals
shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or
enhanced damages arising out of or relating to the use or inability to use any rented equipment, or
any breach of this Agreement, regardless of whether such damages were foreseeable or whether
the Company was advised of the possibility of such damages, and regardless of the legal or
equitable theory asserted. In all circumstances, the total aggregate liability of Palm Beach Baby
Rentals arising out of or related to this Agreement or the rental of equipment shall not exceed the
total amount paid by the Client for the rental in question.
Client acknowledges that the use of rental equipment involves inherent risks and voluntarily
assumes all such risks, whether known or unknown.
Client agrees to indemnify, defend, and hold harmless the Company, its owners, employees, and
agents from and against any and all claims, damages, losses, liabilities, costs, and expenses,
including reasonable attorneys’ fees, arising out of or related to the use or misuse of the equipment,
any breach of this Agreement, or any act or omission of the Client or third parties.
The Company is not the manufacturer of any rented equipment and shall not be liable for any
defects, recalls, or product failures. Any such claims must be directed to the original manufacturer.
Client acknowledges that they are not relying on any representations made by the Company
regarding the safety, installation, or suitability of any equipment beyond those provided by the
manufacturer.
All equipment must be used under appropriate adult supervision at all times. The Company shall
not be responsible for any injuries resulting from lack of supervision.
Client must report any damage, issue, or dissatisfaction within twenty-four (24) hours or such
claims are waived. Client authorizes the Company to charge the payment method on file for any
fees related to damages, cleaning, late returns, or replacement costs.
The Company shall not be liable for any delay or failure to perform due to events beyond its control,
including but not limited to weather, natural disasters, travel disruptions, or governmental actions.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. If any provision of this Agreement is found to be invalid or unenforceable, the remaining
provisions shall remain in full force and effect. This Agreement constitutes the entire agreement
between the parties and supersedes any prior understandings or agreements.
Waiver of a Jury Trial
- Each party acknowledges and agrees that any controversy arising under this Agreement is likely to involve complex legal issues. Therefore, each party waives any right it may have to a trial by jury in respect of any legal action arising out of, or relating to, this Agreement or the Rented Equipment.
Attestation
- I have read this Agreement and Release in its entirety, and I voluntarily agree to and accept these terms. I intend that my electronic/digital acceptance of this Agreement and Release shall have the same legal effect as my pen/ink signature on paper.
