This Rental Agreement is between MacroBaby Rental and Customer (named at the end of this Agreement, or named when communicating with MacroBaby Rental when placing an order and/or in the Order Confirmation) (or "you"). The parties agree as follows:
2. Option to Decline: IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST NOT PLACE AN ORDER, SIGN THIS AGREEMENT, RENT AN ITEM OR OTHERWISE ENGAGE IN ANY RENTAL TRANSACTION OR OTHER COMMERCIAL TRANSACTION WITH MacroBaby Rental.
3. Modifications to this Agreement. MacroBaby Rental reserves the right to modify this Agreement as posted on our Website as we deem necessary or desirable at any time. Modifications may include additions, deletions, and/or changes to this Agreement. Such changes may include, among other things, the adding/changing of certain fees or charges. Where such modifications are material, we will notify you by sending you an email to your registered account email and/or by posting notice of the change on the Website. If we make changes to our Rental Agreement and you proceed to place an order, you are agreeing to and accepting the then-current Rental Agreement, including any modifications. Please note that any modifications shall be effective immediately upon our posting thereof, unless otherwise specified.
1. Website shall refer to the website at www.macrobabyrental.com owned and operated by MacroBaby Rental, which includes informational and promotional content, as well as transaction capabilities, related to the rental of item by MacroBaby Rental.
2. Rental Period shall refer to the time period during which the item(s) are available and/or used or in possession/control of Customer, and shall be from the time of actual Delivery by MacroBaby Rental to Customer directly or the location agreed upon until the time of actual Return by Customer to the agreed-upon location for return. The Rental Period is extended when Customer either extends the period with consent from MacroBaby Rental or fails to return the item(s) without consent. If without consent, note the charges in Sections IV (f) and (g).
3. Rental Insurance – defined in Section VI.
3. Services Provided and Responsibilities of the Parties
1. Placing an order constitutes an offer. By placing an order, you make an offer to MacroBaby Rental to rent the item(s) specified by you, which can be accepted or rejected by MacroBaby Rental. It may be rejected, for example, due to unavailability of the specified item(s) during the period requested or for other reasons that may or may not be communicated to you. If it is accepted, we will provide confirmation to you by email or mailing, provided that you have given at least one of those addresses with your order and have not declined confirmation. If it is rejected, we will make reasonable efforts to so notify you, but please keep in mind that we may not do so if we have done so by phone or other communication method, the order is incomplete or did not get transmitted or for some other reason we do not believe it can or should or needs to be communicated. In addition, if we do not respond, we most likely have not accepted your offer. However, there may have been a problem in your receiving the response of either acceptance or rejection, so if you receive no response, please contact us immediately as you order may have been placed and payment charged or it may have been rejected, so do not assume either way.
2. Once an order is confirmed, we reserve the right to make substitutions of the item(s) requested and/or provide the item(s) on different dates/times and/or cancel the order, in the event the items become unavailable or we cannot provide them on the dates or at the times requested (e.g., illness of individuals delivering items, other reasons for unavailability, etc.). Similarly, manufacturers may stop manufacturing a certain model or we may be unable to procure them for some reason (limited quantities, etc.), giving rise to the need for substitution. If we are delivering to private property that is not owned by you, such as a hotel, theme park, etc., please understand that we are permitted on the premises and able to provide this commercial rental service at the pleasure of the owner, who may require we leave or not provide the services we do, and thus we may need to alter the location of delivery or have you pick up the item from us or cancel if we cannot otherwise accommodate your delivery request. In any of the above circumstances, we will make best efforts to notify you and provide you with your options, including the option to cancel the order.
3. Customer understands that this is a contract of renting only and not of sale, meaning that Customer has rented the item(s) herein described upon the express condition that the item(s) will at all times remain the property of MacroBaby Rental and be returned to MacroBaby Rental.
4. Customer shall all pick up the item(s) promptly at the agreed-upon Delivery time and to inspect the item(s) upon taking possession of same, to ensure the correct quantity, brand and model requested, quality, and that the items work and are in good condition, are not broken or incomplete, etc.
5. Customer agrees to use, maintain and take care of the item(s) in a careful and responsible manner.
6. In the event that any item at any time during the rental period fails to function correctly, appears dangerous in any way, or Customer does not know the correct operating procedure, Customer shall immediately cease use of the item(s) and immediately thereafter notify and make contact with MacroBaby Rental to determine the location to which to return the item(s). If MacroBaby Rental can correct the problem, Customer may thereafter choose to continue the rental of such (or replaced) item(s), but shall do so at Customer's own risk, so Customer must feel comfortable taking back possession of the item(s) and if Customer does not, MacroBaby Rental will refund the fee for the unused portion of time of the originally requested order period. If MacroBaby Rental cannot or elects not to correct the problem, MacroBaby Rental will refund the fee for the unused portion of time of the originally requested order period.
7. Customer agrees to return the item(s) promptly to the location designated by MacroBaby Rental at the agreed-upon Return time.
4. Payment of Fees & Charges
1. Fees for Rental, as well as some other fees are specified on the ordering pages on the Website and will be specified in your Order Confirmation.
2. Customer agrees to pay promptly when due all fees and charges which accrue because of the rental, including (but not limited to) rental fees, any insurance purchased, any rain covers rented, tax, and charges for damages to and/or loss of item(s).
3. Fees will be charged upon placement of the order, except for fees/charges added or incurred later.
4. An additional charge of $40 per item will be incurred by Customer if items are returned excessively dirty. Examples of where items would be deemed excessively dirty would include (but are not limited to) where they are returned with stuck-on chewing gum, crayon markings, paint, glue, ink, dried ice cream or other food/drink, vomit, or urine or fecal matter.
5. In the event that Customer fails to return any or all items to the location designated by MacroBaby Rental at the agreed time or fails to abide by any of the terms/conditions of this Agreement, MacroBaby Rental may charge the full cost of replacing the item(s) as well as any additional costs incurred, including cost of sending out people to pick up items twice, etc. This is no way limits or precludes MacroBaby Rental's ability to collect damages for its full loss, under contract, tort or other legal theory, including damages for lost profits, consequential damages, punitive damages, attorneys' fees, etc.
6. Customer has the ability to select the most convenient item return time from those available, when placing an order. Customer agrees to return the item promptly at such time, time being of the essence. For the late return of a item, the fee shall be $20 per item. For every day not returned, the fee shall be that same amount, plus additional costs may be incurred and charged to Customer. If you know you will be late returning the item, please call MacroBaby Rental immediately. In some instances we may be able to waive the fee or provide more convenient options for you.
7. Customer may be charged for any damage, missing parts, or loss during the Rental Period, whether Customer had the item(s) in Customer's possession or not, and whether the damage/loss was due to Customer's fault or not. Customer will be charged the full cost of replacing the item(s) in the event of damage or theft unless Customer elects to purchase the Rental Insurance. Likewise, Customer will be charged the full cost of replacing the item(s) in the event Customer fails to return the item(s) at all. Fees may vary depending on the severity of the damages Minor scratches: $20.00 minimum; Medium damages: $45.00 minimum; Severe damages – Full price of item.
8. Unless Customer pays otherwise and MacroBaby Rental so accepts, All fees and charges will be applied to Customer's credit card as incurred, including Rental and other fees immediately upon placement of order, and other fees and charges as added by Customer or discovered by MacroBaby Rental (such as when damage or loss or need for excessive cleaning is discovered upon return of item(s)). If a credit card cannot be charged for any reason, Customer agrees to pay the amount billed by MacroBaby Rental immediately upon receipt.
9. Delivery Fee: 01 time delivery attempt will be free of charge to the customer at a designated hotel. Please be advised that the Disney properties do not accept the item if the customer is not present. Our delivery time is from 8AM to 11AM MON - FRI and 9:30AM - 12PM Saturday and 11:30AM to 1:30PM on Sunday. If by any chance we are unable to deliver the item at the hotel because customer is not present there will be a $20.00 re-delivery fee for each attempted delivery.
1. In the event that you need to cancel your reservation, 100% of the money collected from the reservation will be refunded up to 48 hours prior to the first rental day; otherwise the refund will be the total amount collected minus $50.
2. For malfunctioning items, please see the refund provision set forth in Section III (f)
6. Rental Insurance
1. Customer is responsible for the item(s) once they have been delivered to the agreed upon location for pickup by Customer and until they have been picked up by MacroBaby Rental at the end of the rental period. Therefore, MacroBaby Rental makes available rental insurance as an option for Customer to purchase at the time of placing a item rental order ("Rental Insurance"). By purchasing the insurance for $15 per City Single item or $25 for all other rentals , the customer will not be charged the cost of replacing a stolen or damaged item, EXCEPT IN INSTANCES OF FRAUD. If purchased, insurance must be purchased for all items rented. This insurance purchase option must be clearly stated at the time of order, and if it is not on your order confirmation it cannot be added later.
2. We are not responsible for theft of personal items left in, by, or attached onto the item.
1. The Term of this Agreement shall be for the time period from when the order is placed through the end of the Rental Period. Note the extensions applicable to the Rental Period in the Definition Section. Also, note the Survival Section herein.
8. Additional Customer Responsibilities
1. Customer agrees to be responsible for correct use of rented items at all times according to manufacturers' instructions and guidelines where and to the extent provided by MacroBaby Rental along with the item or as otherwise communicated to Customer.
2. Customer is responsible for complying with all state and local laws, regulations, and rules of all property owners where items are being used or located (such as theme parks) pertaining to the use of the item(s), including following traffic laws, parking where and when permitted only, and use of/closing of items on moving vehicles such as trams, monorails, etc. Customer agrees not to hold MacroBaby Rental responsible for same and to indemnify MacroBaby Rental for all claims arising out of Customer's failure to abide by such laws, regulations, and/or rules.
4. Customer understands and agrees that only adults ages 18 or older are permitted to place an order with MacroBaby Rental, , including a reservation hold or deposit that requires a credit card, and represents and warrants that Customer is at least 18 years of age.
9. Warranty Disclaimer; Warranty; Limitation of Liability; No endorsement
1. MacroBaby Rental DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS AND SERVICES, DEFINED AS: 1) THE ITEM(S) RENTED, 2) RENTAL SERVICES AND ANY OTHER SERVICES PROVIDED BY MacroBaby Rental TO CUSTOMER, 3) THE WEBSITE, AND 4) ANY OTHER PRODUCTS RENTED OR SOLD OR MARKETED, REFERRED TO (such as Sentry GPS tracking units), LINKED TO, OR ADVERTISED BY MacroBaby Rental (in website ads or otherwise), INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MacroBaby Rental WARRANTS THAT IT WILL FULFILL CONFIRMED ORDERS, SUBJECT TO SECTION III (C), THAT IT WILL PROVIDE THE REFUNDS AS STATED IN SECTION V, AND THAT CUSTOMER'S ELECTION TO PURCHASE RENTAL INSURANCE WILL ALLOW CUSTOMER TO AVOID PAYING FOR DAMAGED/LOST ITEMS (EXCEPT IN INSTANCES OF FRAUD). THE FOREGOING STATES THE ENTIRE LIABILITY OF MacroBaby Rental WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING ANY LIABILITY FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, BREACH OF WARRANTY, OR FOR INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENT, COPYRIGHTS, TRADEMARKS, TRADE SECRETS AND OTHER INTELLECTUAL OR PROPRIETARY RIGHTS BY THE PRODUCTS AND SERVICES OR THEIR USE.
CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT: (1) EACH ITEM IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY RENTER, ACCEPTABLE TO CUSTOMER AND SUITABLE FOR CUSTOMER'S PURPOSES; (2) MacroBaby Rental IS NOT THE MANUFACTURER OR SUPPLIER OF THE ITEMS; (3) MACROBABY RENTAL IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER'S WARRANTIES ON BEHALF OF ITSELF OR THE CUSTOMER; AND (4) ALL ITEMS ARE RENTED "AS IS."
CUSTOMER CONFIRMS THAT CUSTOMER HAS READ THIS AGREEMENT AND VOLUNTARILY ASSUMES ALL RISKS OF ANY DAMAGES OCCURRING IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES IN THIS RENTAL AGREEMENT. CUSTOMER HEREBY AGREES TO WAIVE, RELEASE AND DISCHARGE MacroBaby Rental AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, OR REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR ANY PROPERTY DAMAGE, LOSS, PERSONAL INJURY, LOSS OF LIFE AND/OR OTHER CASUALTY WHICH MAY OCCUR. IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS WAIVER, RELEASE AND ASSUMPTION OF RISK IS TO BE BINDING ON CUSTOMER'S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS IN THE EVENT OF ANY DEATH OR INJURY.
MacroBaby Rental MAKES NO WARRANTY THAT THE WEBSITE SERVICES, OTHER SERVICES, OR PRODUCTS ARE ERROR-FREE OR THAT MacroBaby Rental WILL BE ABLE TO RECTIFY ANY PROBLEM ENCOUNTERED BY CUSTOMER IN THE PRODUCTS OR SERVICES. MacroBaby Rental MAXIMUM LIABILITY ARISING OUT OF THE PRODUCTS AND/OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PAYMENTS RECEIVED BY MacroBaby Rental FROM CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL MacroBaby Rental BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR PROPERTY LOSS, ARISING OUT OF THIS AGREEMENT, PRODUCTS, AND/OR SERVICES, EVEN IF MacroBaby Rental HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MERCHANT SHALL NOT BRING ANY SUIT OR ACTION AGAINST MacroBaby Rental FOR ANY REASON WHATSOEVER MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS ACCRUED.
MacroBaby Rental does not endorse any third party products or assume any liability therefor, regardless of whether they are marketed, promoted, advertised, referenced or linked to on our website or referred to in any way in our marketing materials, contracts, discussions with you, phone "hold" music/messages, emails, or otherwise.
1. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD MacroBaby Rental AND ITS AGENTS, HARMLESS FROM ANY CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING FROM OR RESULTING FROM THE MANUFACTURE, POSSESSION, CONDITION, USE, OPERATION, HANDLING, TRANSPORTATION, AND/OR RETURN OF THE RENTED EQUIPMENT AND/OR CUSTOMER'S BREACH OF ANY TERM/CONDITION OF THIS AGREEMENT.
1. Any notice or communication required or permitted under this Agreement shall be in writing and delivered/sent (as applicable, below) to the parties at their respective principal addresses set forth below or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received (i) if given by hand, immediately; (ii) if given by air mail, 5 business days after posting; (iii) if given by overnight/two-day express courier service, the first/second business day, respectively, following dispatch in the jurisdiction of the recipient; or (iv) if given by fax, upon receipt thereof by the recipient's fax machine or in the sender's transmission confirmation report as produced electronically by sender's fax machine.
1. Either party may terminate this agreement for breach at any time upon Notice to the other party.
2. MacroBaby Rental may terminate this Agreement for convenience at any time upon one week's Notice to Customer. 3. Customer may only terminate this Agreement for convenience in accordance with Section V (A).
1. Customer shall not have permission to use MacroBaby Rental's trademarks, service marks, or names without MacroBaby Rental's prior written consent.
1. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
15. Governing Law
1. This Agreement shall be governed by and construed in accordance with the laws of Florida, without reference to conflict of laws principles. All disputes arising under, out of, or in any way connected with this Agreement shall be litigated exclusively in the courts of Florida, and in no other court or jurisdiction. Customer stipulates that the courts of Florida shall have personal jurisdiction over its person, and it hereby irrevocably (i) submits to the personal jurisdiction of said courts and (ii) consents to the service of process, pleadings, and notices in connection with any and all actions initiated in said courts.
16. Assignment/Sublease/Loan/Permitting Others to Use Item
1. Customer may not delegate any of its duties or assign, transfer or sublicense any of its rights or obligations under this Agreement without MacroBaby Rental's prior written consent, and any such attempted delegation, assignment, transfer or sublicense shall be void and a breach of this Agreement. Therefore, Customer may not loan, sublease, or permit others to use the item(s) without permission from MacroBaby Rental and such third parties signing MacroBaby Rental's Rental Agreement. In the event of a loan, sublease or permitted use to a third party, Customer agrees to be primarily responsible for same and to indemnify MacroBaby Rental for any and all loss resulting therefrom.
1. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
1. It is intended that this Agreement shall not violate any applicable law, and it is agreed that the unenforceability or invalidity of any provision (other than the provisions obligating Merchant to make payments to MacroBaby Rental) shall not affect the force and validity of the remaining provisions. If any provision of this Agreement is invalid or unenforceable, but limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19. Entire Agreement
1. This Agreement (including any schedules hereto) is the complete and exclusive statement of the contract between MacroBaby Rental and Customer with respect to the subject matter hereof. No waiver, consent, modification, amendment or change of the terms of this Agreement shall be binding unless in writing and signed by MacroBaby Rental and Customer.
1. Sections I (c), II, IV, VI (b), and IX – XX shall survive termination of this Agreement.
Customer has read the above and understands that Customer has surrendered substantial rights by entering into this Agreement and freely and voluntarily agrees.