THIS PRODUCT RENTAL AGREEMENT (the “Agreement”) is by and between Bon Voyage Baby Rentals, LLC, an Ohio limited liability company (“Company”), and the customer named on the signature page of this Agreement (“Customer”). Company and Customer may be individually referred to as a party and collectively referred to as the parties. For questions related to this Agreement, please contact support@bonvoyagebabyrentals.com.

Customer and Company have agreed on certain terms and conditions for the rental of baby-related equipment as more specifically defined below. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Product. The “Product” is the product(s) selected by Customer during the online reservation process, as confirmed by Company on the checkout page.
2. Scope of Agreement. Customer is acquiring the right to possess and use the Product during the Term (defined below) or until terminated pursuant to the terms of this Agreement. You have no other right, title, or interest under or in connection with this Agreement to the Product or any other product of Company. Company owns the Product rented by you during and after the Term.
3. Rental Details.
   1. Term. The term (“Term”) of the Agreement is the length of time selected by the Customer during the online reservation process, as confirmed by the Company on the checkout page. Company will deliver the Product to Customer on the first day of the Term and will pick up the Product up on the last day of the Term. Any renewal of the initial Term must be memorialized in a separate writing signed by both Customer and Company.
   2. Price. The price (“Price”) is selected by the Customer during the online reservation process, as confirmed by the Company on the checkout page.
   3. Delivery and Pickup Fee. If the Price is seventy-five dollars ($75.00) or more, exclusive of any other fees, taxes, and costs, Company will provide delivery and pickup at no charge. If the Price is less than seventy-five dollars ($75.00), exclusive of any other fees, taxes, and costs, Customer shall pay Company a twenty-dollar ($20.00) fee for the delivery and pickup of the Product.
   4. Payment. Customer shall pay Company by credit card or any other form of payment accepted by Company as identified on the checkout page. A fee of one hundred dollars ($100.00) will be charged for payments returned by the bank. If it becomes necessary to take action to collect on any sums due or enforce any other provisions of this Agreement, Company shall be entitled to recover all costs and expenses of collection, including reasonable attorney’s fees and courts costs.
4. Cancellation Policy. If Customer cancels the rental at least seventy-two (72) hours before the start of the Term, Customer will receive a full refund. If Customer cancels the rental at least twenty-four (24) hours but less than seventy-two (72) hours before the start of the Term, Customer will receive a fifty percent (50%) refund. If Customer cancels the rental twenty-four (24) hours or less before the start of the Term, Customer will not receive a refund.
5. Inspection and Acceptance. Unless otherwise agreed upon in writing by Company, Customer shall have one (1) day from the date of arrival of the Product to inspect the Product and notify Company of any discrepancies including, but not limited to, any discrepancies in the quantity or quality of the Product. Customer will hold the Product without charge until such time as Company may arrange for return transportation and/or inspection. Unless a notice of a discrepancy is timely reported to Company, the Product will be deemed accepted by Customer.
6. Delivery and Pick Up. Customer agrees to take prompt delivery of the Product. The details of the delivery and pick up can be modified at any time by the agreement of the parties. If such change causes an increase or decrease in the cost of, or the time required for the performance of any obligation under this Agreement, an equitable price adjustment may be agreed upon by the parties, and the Agreement shall be modified accordingly in a writing signed by both parties by a duly executed amendment hereto. Any expense for special delivery requested by Customer shall be borne solely by Customer. If Company delivers the Product pursuant to the terms of this Agreement, but is delayed through no fault of Company, then in such event Customer shall be responsible for the full Price indicated in this Agreement. Risk of loss will pass to Customer upon Company’s delivery. Upon the expiration of the Term, Customer agrees that the Product, and all accompanying Product parts or manuals, will be in the same condition it was when originally delivered to Customer, normal wear and tear alone excepted. If Customer fails to comply with the return obligations, Customer agrees to pay as liquidated damages an amount equal to the daily rent for each day or fraction thereof that Customer fails to comply.
7. Installation and Operation. Customer is responsible for the set up and operation of the Product and Company shall have no responsibility or liability arising from such set up or operation. Customer agrees to comply with all written instructions, including manufacturer manuals, provided or available to Customer. Customer agrees to keep the Product in good condition and working order and not to make any changes, alterations, additions, or improvements to the Product. Customer may not smoke or allow smoking near the Product. If the Product is not reasonably clean on return, Customer may be charged a cleaning fee.
8. Loss or Damage. Customer is responsible for and will bear all risks of loss or damage from every cause, including without limitation, casualty and theft, by promptly paying for repairs if repairs are possible or the fair market value for a new replacement of the Product if repairs are not possible. Customer agrees to notify Company immediately of any loss or damage. Loss or damage will not impact Customer’s obligations under this Agreement to pay or otherwise perform.
9. Customer’s Breach of Agreement. If Customer breaches its obligations in this Agreement, Customer acknowledges and agrees that it shall lose any and all rights, title to and interest in the Product which Customer may have obtained pursuant to this Agreement or otherwise, and that Customer shall be liable to Company for all costs and expenses incurred by Company as a result of such breach, including but not limited to Company’s reasonable attorney’s fees and court costs.
10. Company’s Default in Delivery. If Company fails to deliver the Product within the time specified or within any agreed extension thereof or Customer reasonably and in good faith determines that Company has failed to make sufficient progress in its performance hereunder so as to endanger performance of this Agreement in accordance with its terms, Customer may by written notice to Company declare Company in default of the Agreement, and provide Company with either three (3) days from its receipt of such notice if the Term is one week or longer or one (1) day from its receipt of such notice if the Term is less than one week to cure either of these two circumstances, or such longer period of time as the may be agreed upon by the parties. As an alternative remedy, and in lieu of termination for default, the parties may agree to modify the Term.
11. Excusable Delays. Neither party shall be in default by reason of failure in performance of its obligations under this Agreement, except for the payment of money, if such failure arises out of causes beyond its reasonable control and without the fault or negligent act or omission of the party failing to perform. Such causes are limited to: acts of God, acts of the government in either its sovereign or contractual capacity, war, fires, floods, epidemics, quarantine restrictions, freight embargoes, or work stoppages. Each party shall use reasonable efforts to notify the other party of the occurrence of such an event within three (3) days of its occurrence, but in no event more than seven (7) days after its onset. If performance is delayed over fourteen (14) days, the party not experiencing the delay may terminate this Agreement.
12. Termination. This Agreement may be terminated by either party if any of the following occur: (a) a violation of the applicable laws, regulations or statutes of any country or state in which a party does business; (b) a violation of the other party’s trademarks, copyrights, proprietary data, or other intellectual property rights; (c) either party is required by law to terminate its arrangement under this Agreement with the other party; (d) either party submits fraudulent or intentionally erroneous reports or information to the other party; or (e) the other party (i) becomes or is declared insolvent or bankrupt, (ii) is the subject of a voluntary or involuntary bankruptcy or other proceeding related to its liquidation or solvency, which proceeding is not dismissed within ninety (90) calendar days after its filing, or (iii) makes an assignment for the benefit of creditors.
13. Warranties; Disclaimers; Limitation of Liability; Indemnification.
    1. No Liens. Company warrants that the Product will be free any of any lien, claim or encumbrance of any nature by any third person.
    2. Disclaimer of Warranties. COMPANY DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    3. Additional Disclaimers. Company strives to rent safe, reliable products and inspects products before and after each rental. The Product is being rented under this Agreement to Customer “as is.” Customer expressly acknowledges that the Product has been used by persons other than Company.  Product recalls can be found at https://www.recalls.gov/. Products rented may differ slightly from the photograph on Company’s website because of some general wear and tear between the time of photograph and the time of rental. Products rented may also differ in color from the photograph on Company’s website.
    4. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE UNDER THIS AGREEMENT TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THE LIABILITY OF COMPANY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE EQUIPMENT.
    5. Indemnification. Customer and its heirs, successors and assigns release, and agree to defend, indemnify and hold Company and its affiliates, and their respective officers, directors, employees, agents, successors and assigns (collectively the “Company Indemnitees”) harmless from and against any and all claims, actions, demands, lawsuits, losses, damages, costs, expenses, judgments, fines, penalties, and liabilities (including reasonable attorney’s fees and courts costs), including but not limited to any claim for personal injuries, death, or property damage to any person, arising directly or indirectly from or related to (1) the Product and its set up, use, or operation; and (2) any breach of this Agreement by Customer.
14. Non-Commercial; Non-Assignment. Customer represents and warrants that: Customer is using the Product for personal use and not commercial use; and Customer may not transfer, assign, grant an interest in, rent, or sell all or any portion of Customer’s rights in the Product or under this Agreement.
15. Separate Relationship. Nothing in this Agreement, and no course of dealing between the parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the parties or between one party and the other party’s employees or agents.
16. Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
17. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others.
18. Governing Law. This Agreement shall be governed by the laws of the State of Ohio, without giving effect to the principles of conflicts of law of such state, and shall be binding upon the parties hereto in the United States and worldwide.
19. Dispute Resolution; Choice of Law. This Privacy Policy and its terms shall be governed and construed in accordance with the laws of the State of Ohio without regard to the conflicts of laws provisions therein. We may pursue all legal remedies in law or equity for your failure to pay. If a dispute other than your failure to pay should arise between the parties related in any manner to this Privacy Policy, the parties will attempt in good faith to resolve any dispute, controversy or claim by promptly conferring in negotiations. The Parties agree to exchange memoranda setting forth the issue(s) in dispute and that party’s position thereon. If the matter is not resolved within thirty (30) days after one party initiates a request for dispute negotiation, the parties agree to submit the dispute to mediation. If the matter is not resolved at mediation, either party may initiate legal proceedings against the other. Any claims or legal actions by one party against the other arising under this Agreement or concerning any rights under this Agreement shall be commenced and maintained in any state or federal court located in Franklin County, Ohio. Both parties submit to the jurisdiction and venue of any such court.
20. Entire Agreement; Modification; Waiver. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written or oral. Acceptance is limited to the terms hereof and no revision of or additions to this Agreement or any of its terms or conditions shall be effective unless agreed to in writing signed by Company’s authorized representative. This Agreement may be modified only by a written amendment signed by authorized representatives of both parties. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision thereafter.