Definitions
The “Rented Equipment” includes any and all equipment, products, and other
property rented to Client by Island Baby.
The “Client” includes any person or persons who agrees to rent or who reserves for
rental the Rented Equipment.
The “Rental Period” is the time period for which the Client has rented the Rented
Equipment. It begins at the point of delivery to the client or agreed recipient and ends
at the collection of the rental items. It also includes any additional time as may be
requested by the Client and agreed by Island Baby as per below.
Rented Equipment, Fees, Reservations and Rental Period
1) Client agrees to rent from Island Baby, and Island Baby agrees to rent to Client, the
Rented Equipment that Client designated in Client’s reservation.
2) At the time of booking Client will notify Island Baby of: (a) the location and date and
time when Client wants the rented Equipment delivered; and (b) the name of the
person who is authorized to accept delivery. Client is responsible for making any and
all arrangements for that agent or delegate to accept the Rented Equipment.
3) All fees are due at the time a reservation is made. Client understands and agrees that
Client’s credit card will be charged for the full rental amount of the Rented Equipment
and delivery charge at the time of reservation. All online reservations will
subsequently be confirmed by Island Baby.
4) Island Baby will deliver the Rented Equipment to the destination at or before the
beginning of the Rental Period. Island Baby may, in its sole discretion, set up the
Rented Equipment as a courtesy. It remains the Client’s responsibility to ensure that
the Rented Equipment is set up properly and safe for use.
5) Client shall notify Island Baby, in advance, if Client seeks an extension of the Rental
Period. The Rental Period may be extended (“Extension Period”) or refused by Island
Baby at Island Baby’s sole discretion. If Island Baby agrees to an Extension Period,
Client agrees to pay such rate for the Extension Period and agrees that Island Baby
shall add that extension charge to any credit card that Client has authorized for the
rental payment.
6) If Client fails to return the Rented Equipment at the end of the Rental Period or any
Extension Period (if same was agreed by Island Baby) the Client may be charged the
full market value of the Rental Equipment.
Damaged, Lost and Soiled Equipment
7) Client agrees to inspect the Rented Equipment upon receipt, and Client hereby agrees
to notify the Island Baby immediately in the event that any of the Rented Equipment
is unfit for use or of unsatisfactory condition. Client agrees that failure to notify the
Island Baby of any purported unfitness for use or unsatisfactory condition shall be
deemed a waiver of any and all claims related thereto.
8) Client will not be liable for ordinary wear and tear that occurs with the proper and
normal use of the Rented Equipment. However, Client agrees to pay the replacement
cost of any Rented Equipment that is not returned at the end of the Rental Period (or
any Extension Period, if applicable), is lost, or is damaged or soiled to the point that
Island Baby, in its sole discretion, determines that Island Baby can not not rent the
Rented Equipment to other customers.
9) The Client shall be charged a cleaning fee for items returned that are excessively
dirty. This determination shall be made by Island Baby, in its sole discretion.
10) In the event that any replacement costs or cleaning fees are levied, the Credit card on
file will be charged.
Indemnification and Release of Liability
11) Client assumes all responsibility for the use of the Rented Equipment in accordance
with instruction manuals published by the manufacturers of the Rented Equipment.
Island Baby is not responsible for Client’s mis-use of the Rented Equipment or the
Client's failure to follow instructions and/or recommendations in instruction manuals.
12) Client agrees to indemnify and hold Island Baby and its agents harmless from all
claims, damages, losses, liabilities, judgments, and expenses (including attorneys’
fees and costs), arising out of: (a) the use of the Rented Equipment (b) any act or
omission of Client, or (c) the mis-use or improper or negligent use of any Rented
Equipment by Client or any third party. Client assumes any and all risks, both known
and unknown, related to use of the Rented Equipment, and assumes full responsibility
for any such risk.
13) Client understands that there are risks associated with use of the Rented Equipment.
Client agrees on his/her behalf and on behalf of Client's heirs, personal representatives
and next of kin, to release Island Baby and agrees not to sue Island Baby or Island
Baby’s officers, agents and employees, with respect to any and all bodily injury,
disability, death, loss or damage whether caused by negligence of Island Baby or
otherwise.
Cancellations
14) Cancellations made at least fourteen (14) days prior to the start of the Rental Period
will receive a full refund of all amounts charged, less non recoverable processing fees.
There will be no refund for cancellations made less than fourteen (14) ) days prior to
the start of the Rental Period.
Miscellaneous
15) The validity, interpretation and enforceability of this Agreement shall be governed by
the laws of the Commonwealth of The Bahamas, without any reference to conflicts of
law. Any action brought in relation to this Agreement shall be commenced in the
courts of the Commonwealth of The Bahamas and the parties hereby irrevocably
submit to the jurisdiction of The Bahamas.
16) If any portion or portions of this Agreement are found to be void or unenforceable by
any Court in The Bahamas, the remaining terms of this Agreement shall remain in
effect and enforceable.
17) 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.