Strollaway, LLC - Rental Agreement (C) Copyright 2019


YOUR ACCEPTANCE OF THIS RENTAL EQUIPMENT AGREEMENT BY AND BETWEEN YOURSELF AND STROLLAWAY, LLC IN ACCORDANCE WITH THE TERMS OF THIS RENTAL CONTRACT/AGREEMENT.

ALL STROLLAWAY, LLC OWNED EQUIPMENT IS USED AT RENTER'S SOLE AND ABSOLUTE RISK OF LOSS OR INJURY OF EVERY KIND OR NATURE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR RENTED EQUIPMENT WHILE IN RENTER'S POSSESSION. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS STROLLAWAY LLC RENTALS AND THEIR OWNERS, OPERATORS, OFFICERS, DIRECTORS, HOTEL DELIVERY SITE PERSONNEL AND EMPLOYEES FROM ANY CLAIM ARISING FROM RENTER'S USE, OPERATION OR POSSESSION OF THE RENTED EQUIPMENT. NEITHER COMPANY NOR STROLLAWAY LLC RENTALS WILL BE HELD RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS, INCLUDING DEATH, ARISING FROM THE USE OF ANY RENTAL EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO FUNCTION AS INTENDED BY THE MANUFACTURER. RENTER IS RESPONSIBLE FOR READING THE INSTRUCTION MANUAL AND THE QUICK REFERENCE GUIDE TO ENSURE PROPER USE OF THE RENTED EQUIPMENT.

Due to liability, our customer care personnel cannot install car seats or assist with installation of car seats. Instructions are provided. However, if you are unsure about the installation, we strongly encourage you to stop at any Fire or Police Station to request assistance.

ONCE A RESERVATION ORDER IS CONFIRMED, WE RESERVE THE RIGHT TO MAKE SUBSTITUTIONS OF THE EQUIPMENT REQUESTED AND/OR PROVIDE THE EQUIPMENT ON DIFFERENT DATES/TIMES AND/OR CANCEL THE ORDER, IN THE EVENT THE EQUIPMENT BECOME UNAVAILABLE OR THAT WE CANNOT PROVIDE THEM ON THE DATES OR AT THE TIMES RESERVED (E.G., ILLNESS, ACCIDENT OR OTHER REASONS FOR UNAVAILABILITY, ETC.). WE WILL CONFIRM THE ABILITY TO DELIVER TO SAID DESTINATION/HOTEL OR RESORT. PLEASE UNDERSTAND THAT IF WE ARE UNABLE TO DELIVER TO YOUR LOCALE OR ARE NOT PERMITTED ON THE PREMISES, WE WILL CONTACT YOU FOR ALTERNATIVE DELIVERY LOCATION, PICK-UP LOCATION OR CANCEL YOUR RESERVATION AT OUR OPTION.

CUSTOMER IS RESPONSIBLE FOR COMPLYING WITH ALL STATE AND LOCAL LAWS, REGULATIONS, AND RULES OF ALL PROPERTY OWNERS WHERE STROLLERS AND CAR SEATS ARE BEING USED OR LOCATED (PERTAINING TO THE USE OF THE STROLLER(S), INCLUDING FOLLOWING TRAFFIC LAWS, PARKING WHERE AND WHEN PERMITTED ONLY, AND USE OF/CLOSING OF STROLLERS ON MOVING VEHICLES SUCH AS TRAMS, TRAINS, SUBWAYS, MONORAILS, FERRYS, BUSES, ETC.

CUSTOMER SHALL BE LIABLE FOR ANY LOSS, THEFT, DAMAGE, PERMANENT MARKING/STAINING OR DESTRUCTION OF THE RENTAL EQUIPMENT. IN THE EVENT THE RENTAL EQUIPMENT SHALL BECOME LOST OR DAMAGED WHILE IN POSSESSION OF CUSTOMEROR UNDER THEIR CONTROL AT ANYTIME, AFTER DELIVERY AND PRIOR TO IT'S RETURN TO COMPANY, CUTOMER SHALL BE LIABLE TO STROLLAWAY LLC RENTALS FOR ALL DAMAGES CAUSED BY THE LOSS OF EQUIPMENT AND CUSTOMER HEREBY AUTHORIZES, STROLLAWAY LLC RENTALS TO CHARGE THE CUSTOMER FOR THE COST OF REPLACING OR REPAIRING THE EQUIPMENT IN ADDITION TO ANY CHARGES INCURRED FOR THE RENTAL OF THE EQUIPMENT. CUSTOMER MAY BE CHARGED FOR ANY DAMAGE, MISSING PARTS, OR LOSS DURING THE RENTAL PERIOD, WHETHER CUSTOMER HAD THE STROLLER(S) IN CUSTOMER’S POSSESSION OR NOT, AND WHETHER THE DAMAGE OR LOSS WAS DUE TO CUSTOMER’S FAULT OR NOT. CUSTOMER WILL BE CHARGED THE FULL COST OF REPLACING THE EQUIPMENT IN THE EVENT OF DAMAGE OR THEFT. CUSTOMER AGREES TO RETURN ALL RENTED EQUIPMENT TO STROLLAWAY LLC RENTALS IN THE SAME CONDITION CUSTOMER RECEIVED IT. FAILURE TO DO SO WILL RESULT IN A $35.00 FEE FOR EXTRA CLEANING. EXAMPLES OF WHERE STROLLERS WOULD BE CONSIDERED EXCESSIVELY DIRTY WOULD INCLUDE (BUT ARE NOT LIMITED TO) WHERE THEY ARE RETURNED WITH STUCK-ON CHEWING GUM, CRAYON MARKINGS, PAINT, ARTS AND CRAFTS GLUE, MARKERS, PEN INK, DRIED FOOD AND BEVERAGE, VOMIT, OR DIAPER BLOWOUTS.

RENTER AGREES TO RETURN ALL RENTED EQUIPMENT TO THE ORIGINAL DELIVERY LOCATION UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE. EQUIPMENT THAT IS UNABLE TO BE RETRIEVED IN A TIMELY MANNER WILL RESULT IN A CHARGE OF ADDITIONAL RENTAL DAY(S) AND A $35.00 RETURN TRIP FEE.

IN THE EVENT THAT ANY RENTED EQUIPMENT 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/STOP USE OF THE EQUIPMENT AND THEREAFTER NOTIFY AND MAKE CONTACT WITH STROLLAWAY LLC RENTALS TO DETERMINE THE LOCATION TO WHICH TO RETURN THE EQUIPMENT. IF WE CAN CORRECT THE PROBLEM, CUSTOMER MAY THEREAFTER CHOOSE TO CONTINUE THE RENTAL OF SUCH (OR REPLACED) STROLLER(S), BUT SHALL AGAIN DO SO AT CUSTOMER’S OWN RISK, SO CUSTOMER MUST FEEL COMFORTABLE TAKING BACK POSSESSION OF THE STROLLER(S) AND IF CUSTOMER DOES NOT, WE WILL REFUND THE FEE FOR THE UNUSED PRORATED PORTION OF TIME OF THE ORIGINALLY REQUESTED ORDER PERIOD.

RENTAL FEES ARE SPECIFIED ON THE ORDERING PAGE OF THE WEBSITE AND WILL BE SPECIFIED IN YOUR ORDER/RESERVATION CONFIRMATION. CUSTOMER AGREES TO PAY PROMPTLY ALL FEES AND CHARGES WHICH ACCRUE BECAUSE OF THE RENTAL, INCLUDING RENTAL FEES, LATE FEES, AND CHARGES FOR DAMAGES TO AND/OR LOSS OF EQUIPMENT.

WE REQUIRE A MINIMUM OF 72 HOURS PRIOR NOTICE OF YOUR FIRST RENTAL DAY TO CANCEL YOUR RESERVATION.

CUSTOMER MAY NOT LOAN OUT, SUBLEASE, TO OTHERS TO USE THE EQUIPMENT WITHOUT PERMISSION FROM STROLLAWAY LLC RENTALS. IN THE EVENT OF A LOAN OUT, SUBLEASE OR PERMITTED USE TO A THIRD PARTY, CUSTOMER AGREES TO BE PRIMARILY RESPONSIBLE FOR SAME AND TO INDEMNIFY STROLLAWAY LLC RENTALS FOR ANY AND ALL LOSS RESULTING THERE FROM INCLUDING BUT NOT LIMITED TO PERSONAL INJURY BY OR TO A THIRD PARTY USER.

WE MAY DISCLOSE WITH THE APPLICABLE HOTEL, RESORT AND OTHER DELIVERY/PICKUP SITE PERSONNEL IN ORDER TO ALLOW THEM TO HOLD YOUR RENTED STROLLER(S), ACCEPT THEM FROM YOU AND HOLD THEM UNTIL WE PICK THEM UP AFTER YOUR RENTAL PERIOD.

CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD STROLLAWAY, LLC 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.

RENTER AGREES TO INSPECT AND VERIFY THE FUNCTIONALITY OF THE EQUIPMENT UPON RECEIPT AND TO NOTIFY STROLLAWAY, LLC. OF ANY DAMAGES, MALFUNCTIONS, OR MISSING COMPONENTS SO THAT APPROPRIATE MEASURES CAN BE TAKEN TO REPAIR AND/OR REPLACE RENTAL EQUIPMENT. THE EQUIPMENT SHALL REMAIN, AT ALL TIMES, THE PROPERTY OF STROLLAWAY LLC RENTALS.

CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT: (1) EACH RENTAL IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY RENTER, ACCEPTABLE TO CUSTOMER AND SUITABLE FOR CUSTOMER’S PURPOSES; (2) STROLLAWAY, LLC. IS NOT THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT (3) STROLLAWAY, LLC. IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER WARRANTY ON BEHALF OF ITSELF OR THE CUSTOMER; AND (4) ALL EQUIPMENT RENTED “AS IS.” CUSTOMER CONFIRMS THAT THEY HAVE READ THIS AGREEMENT AND VOLUNTARILY ASSUME 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 STROLLAWAY, LLC. AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, OR REPRESENTATIVES INCLUDING HOTEL OR OTHER PICK-UP SITES 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 CUSTOMER, CUSTOMER'S CHILDREN, CUSTOMER’S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS IN THE EVENT OF ANY DEATH OR INJURY TO CUSTOMER OR ANY OTHER PERSON USING THE STROLLER.



OPTION TO DECLINE: IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS CONTRACT, YOU MUST NOT PLACE AN ORDER, SIGN THIS AGREEMENT, OR OTHERWISE ENGAGE IN ANY RENTAL TRANSACTION WITH STROLLAWAY, LLC. DO NOT CLICK A BUTTON NOTING YOUR ACCEPTANCE OR AGREEMENT TO SUCH TERMS AND CONDITIONS. IF CUSTOMER DOES NOT APPROVE OF THE EQUIPMENT DELIVERED BY STROLLAWAY, LLC., RENTER SHALL IMMEDIATELY CONTACT US TO ARRANGE FOR THE RENTED EQUIPMENT TO BE PICKED UP OR REPLACED. IN SUCH CASE, CUSTOMER SHALL REMAIN RESPONSIBLE FOR ALL CHARGES IN ACCORDANCE WITH CUSTOMER’S ORIGINAL RESERVATION FOR THE RENTAL OF EQUIPMENT.