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Disclaimers/Terms/Legal

3 PEAS MARKETING, LLC DBA 3 PEAS BABY GEAR RENTAL

RENTAL TERMS AND CONDITIONS, RELEASE AND INDEMNIFICATION AGREEMENT

DEFINITIONS

  1. Rental Equipment. The “Rental/Rented Equipment” shall be deemed to include any and all goods, equipment, products, and/or other property owned and or leased by 3 Peas Marketing, LLC DBA 3 Peas Baby Gear Rental which Client (as defined herein) has in their possession, under their control, or an interest therein, at any time during the Rental Period (as defined herein).
  2. Client. The “Client” shall be deemed to include any person or persons who reserve and/or use the Rented Equipment (as defined herein) from 3 Peas Marketing, LLC DBA 3 Peas Baby Gear Rental.
  3. Company. The “Company” is 3 Peas Marketing, LLC, a limited liability company organized and existing under the laws of the State of Arizona, with a principal place of business located at 20235 N. Cave Creek Road, Suite 104-158, Phoenix, AZ 85024.
  4. Rental Period. The “Length of Rental” is the duration of time within which the Client (as defined herein) has access to the Rented Period (as defined herein), whether or not used by or in the possession of the Client (as defined herein).
  5. Agreement. The “Agreement” shall include this document, entitled “3 Peas Marketing, LLC DBA 3 Peas Baby Gear Rental Rental Terms and Conditions, Release and Indemnification Agreement”.

RENTAL TERMS AND CONDITIONS

  1. Rental Period. Client hereby agrees to rent from the Company, and the Company hereby agrees to rent to Client, certain Rented Equipment. The Rental Period shall run from the date that the Rented Equipment is delivered and/or made available for pick-up, until such date that the Rented Equipment is returned. The Company shall make no reimbursement for unused time or for unused Rented Equipment.

Client hereby agrees to notify the Company in advance if Client seeks an extension of the Rental Period. An extension of the Rental Period may be granted and/or refused by the Company at the Company’s sole discretion, for any reason. Client hereby agrees to be charged the then-effective fee for any additional use of the Rented Equipment.

Client hereby agrees that failure to timely return the Rented Equipment shall subject Client to any and all rights the Company may have, whether pursuant to this Agreement, in equity, or at Law. In addition to any explicit indemnification and/or hold harmless provision contained herein, Client hereby agrees to indemnify and hold the Company harmless from/for any and all claims related to the recovery of the Rented Equipment; and Client hereby authorizes the Company to charge Client’s credit card for any unpaid rental fees and/or replacement fees. Client hereby agrees that the replacement fees associated with the Rented Equipment shall be the suggested retail price of any lost, damaged, stolen, or unreturned Rental Equipment, plus collection fees and any and all attorneys’ fees and costs incurred by the Company in collection of sums due. Pricing of said items for replacement will be found on the Manufacturer’s Website listed as the MSRP.

  1. Delivery and Return. Client hereby understands and agrees that local delivery of the Rented Equipment is included within the rental fee charged by the Company, subject to any restriction provided herein

Client hereby understands and agrees that Client shall be subject a delivery fee based on total amount of rental (between 0 and $35 depending on amount rented.)

Client hereby understands and agrees that delivery to any agent or delegate of Client shall be arranged with any such agent or delegate no less than thirty-six (36) hours prior to delivery. If Client will not be present at the time of delivery, Client hereby agrees that delivery shall be deemed complete as of the time of acceptance by the agent or delegate, and that Client is responsible for making any and all arrangements for that agent or delegate to accept the Rented Equipment.

  1. Fees and Payments. Client hereby understands and agrees that a minimum order of Thirty-Five Dollars ($50.00) is required for all orders. All fees are due at the time a reservation is made. Fees will vary depending upon the length of rental and the types and amounts of the Rented Equipment. Client hereby understands and agrees that Client’s credit card will be charged for the full rental amount of the Rented Equipment at the time of reservation.
  2. Reservations. Reservations can be made online or by phone, and must be secured with a valid credit card. A contact telephone number must be provided at the time that any reservation is made. All online reservations will be confirmed by the Company through email or telephone within forty-eight (48) hours of the reservation.
  3. Damaged Equipment. If any Rented Equipment is returned to the Company (i) in an exceptionally dirty condition; (ii) in a condition that requires professional cleaning (such as saturated with smoke, vomit, food (or the odors thereof), or with stains or marks); (iii) with missing parts, (iv) otherwise damaged or broken; or (v) in a condition in which it cannot be repaired, or if any Rented Equipment is not returned to the Company for any reason at all, the Company reserves the right to charge the Client additional costs and fees for repair and/or replacement of the damaged or unreturned Rented Equipment. Client hereby authorizes and permits the Company to charge the Client’s credit card the amount of the costs and fees for repair and/or replacement. Repair costs/fees shall be actual costs incurred by the Company, and replacement costs/fees shall be the suggested retail price of the affected Rented Equipment. Client hereby agrees to the assessment of such additional fees/costs, and Client hereby agrees to pay the same. Client hereby agrees that Client is responsible for any collection fees and/or attorneys’ fees and costs incurred in the collection of sums due, whether related to the damaged Rental Equipment or otherwise.

Client shall not be liable for ordinary wear and tear that occurs with the proper and normal use of the Rented Equipment. Client hereby understands and agrees that Client shall be solely responsible for notifying the Company promptly upon any such damage.

  1. Cancellations. Cancellations made at least one week prior to the start of the Rental Period will receive a refund of all amounts charged. Cancellations made less than one week but more than forty-eight (48) hours prior to the start of the Rental Period will receive a fifty percent (50%) refund of all amounts charged. There will be no refund for cancellations made less than forty-right (48) hours prior to the start of the Rental Period.
  2. Assembly and Installation. The Company will not undertake any assembly and/or installation of the Rented Equipment unless otherwise noted and access is available during delivery time.
  3. Inspection upon Receipt. Client hereby agrees to inspect the Rented Equipment upon receipt thereof, and Client hereby agrees to notify the Company immediately in the event that any of the Rented Equipment is unfit for use or of unsatisfactory condition. Client hereby agrees that failure to notify the Company of any purported unfitness for use or unsatisfactory condition shall be deemed a waiver of any and all claims related thereto.
  4. Use of Rented Equipment. Client hereby assumes all responsibility for the use of the Rented Equipment in accordance with those instruction manuals published by the manufacturers of the Rented Equipment, as provided to the Client at delivery by the Company. The Company is not responsible for Client’s failure to follow instructions and/or recommendations in instruction manuals. All instruction manuals shall be returned with the Rented Equipment, and shall be kept in good working condition by Client during the entirety of the Rental Period.
  5. Indemnification/Hold Harmless/Assumption of Risk. Client hereby agrees to indemnify and hold the Company harmless, together with each of the Company’s past present and future directors, officers (whether acting in such capacity or individually), shareholders, owners, partners, joint venturers, principals, trustees, creditors, attorneys, representatives, employees, managers, parents, subsidiaries, divisions, subdivisions, departments, affiliates, predecessors, successors, assigns and assignees, or any agent acting or purporting to act for it or on its behalf the Company and its agents and employees, from and against all claims, damages, losses, liabilities, judgments, awards, costs, losses, and/or expenses (including but not limited to reasonable attorneys’ fees and costs), arising out of the use of any Rented Equipment provided by the Company or the failure of the Rented Equipment to function as intended, or resulting from any act or omission of the Company or any of its past, present and future directors, officers (whether acting in such capacity or individually), shareholders, owners, partners, joint venturers, principals, trustees, creditors, attorneys, representatives, employees, managers, parents, subsidiaries, divisions, subdivisions, departments, affiliates, predecessors, successors, assigns and assignees, or any agent acting or purporting to act for it or on its behalf the Company and its agents and employees.

Client hereby understands and agrees that use of the Rented Equipment may involve the risk of injury, death, or loss to Client’s person and property. Client hereby knowingly and freely assumes any and all risks related to use of the Rented Equipment, whether known or unknown, and assumes full responsibility for any such risk.

  1. Applicable Laws. The validity, interpretation and enforceability of this Agreement shall be governed by the laws of the State of Arizona. Any action brought to enforce this Agreement shall be brought in the Maricopa County Court district.
  2. Enforceability. If any portion or portions of this Agreement are held void or unenforceable by any Court having jurisdiction, such voidness or unenforceability shall not affect the remaining portion or portions hereof that may be given effect without such void or unenforceable provision or provisions and to this end the provisions hereof shall be deemed severable.