Client, whose name is signed at the bottom of this document,
and Bayshore Baby Co. enter into this agreement for the purpose of Client
renting property which belongs to Bayshore Baby Co. This rental is governed by and subject to the following terms.
1. The period of the rental is the time which the parties have previously agreed to at the time of booking but also includes any
additional time after the rental period during which Client has retained or failed to return Bayshore Baby Co. property.
2. Client agrees to pay the same rental rate for each day following the original rental period that an item of property is not returned. Client agrees that said amount will be charged to the credit card used at the time of booking.
3. Client also agrees to pay any consequential damages of a late return. This could include the price of Bayshore Baby Co. purchasing a new piece of equipment should it be necessary to meet a preexisting contractual obligation with another client. Client agrees that said
amount will be charged to the credit card used at the time of booking.
4. Client agrees to pay the rental fees and delivery charges as described at the time of booking.
5. Client agrees for all charges to be charged to the credit card that was provided at the time of booking.
6. Client agrees to pay for the replacement cost of any equipment that is not returned, is lost, stolen, or is damaged or soiled to the point of not being fit for rental to subsequent clients. Client agrees that the determination on the extent of damage or soiling is in the sole discretion of Bayshore Baby Co.
7. Client will not be liable for ordinary wear and tear on the equipment.
8. If a piece of equipment is to be replaced by Bayshore Baby Co., such as due to damage, loss, or failure to return prior to the need to rent the product to another customer, the replacement cost will be the cost incurred by Bayshore Baby Co. to purchase like equipment.
9. Client agrees to inspect the equipment upon receipt, and Client agrees to notify Bayshore Baby Co. immediately in the event that any of the equipment is unsatisfactory. Client agrees that failure to notify Bayshore Baby Co. shall be deemed a waiver of any claims related to the purported unsatisfactory condition.
10. Client understands that there are risks from the usage of equipment up to and
including death. Client agrees that these risks are not to be borne by Bayshore Baby Co. Client agrees that Client is assuming all risk from use of the equipment.
11. Client agrees that Bayshore Baby Co. shall not be liable for any misuse of rented equipment. If Client permits any other person to use the equipment, Client agrees to indemnify Bayshore Baby Co. for any of that other person’s misuse of the equipment.
12. Client agrees to indemnify and hold Bayshore Baby Co. harmless from all claims,
damages, losses, liabilities, judgments, and expenses (including attorneys fees
and costs) arising out of use or misuse of the rented equipment. This provision shall also serve to function as a bar of suit by heirs, representatives, assigns, and next of kin.
13. Client agrees that he or she understands term 12. Stated similarly, Client agrees that Bayshore Baby Co. is not legally responsible or liable for any harm or damages resulting from use or misuse of the equipment. Client is assuming all risk from using the equipment or letting other people use the equipment.
14. Client agrees to abide by any laws that regulate the use of equipment—such as child
safety laws concerning car seats.
15. Client understands that Bayshore Baby Co. will not install car seats.
16. Client agrees to immediately notify Bayshore Baby Co. if the vehicle a car seat was installed in was involved in a crash. Client agrees that if the driver of Client’s vehicle is determined to be at-fault in the crash by a law enforcement officer, Client will be liable for the replacement cost of the car seat.
17. Cancellations made more than 7 days (168 hours) prior to the start of the rental period will
receive a refund of all amounts charged.
18. Cancellations made less than 7 days (168 hours) but more than 2 days (48 hours) prior to the start of the rental period will receive a 50% refund of all amounts charged.
19. Cancellations made less than 2 days (48 hours) prior to the start of the rental period will
not receive a refund of any amounts charged.
20. The validity and interpretation of this agreement will be governed by the laws of
the State of Michigan.
21. Venue for any action will be in the state courts of Grand Traverse County, Michigan.
22. If any portion or portions of this agreement are found to be void or
unenforceable, the remaining terms of this agreement shall remain in full force