BABY1STRENTAL

1.1 “Agreement” means this Rental Agreement and Disclaimer, including all terms, conditions, and policies set forth herein.

1.2 “Baby1stRental” means Boutique Baby Rentals LLC, doing business as Baby1stRental, its owners, officers, directors, employees, heirs, executors, administrators, agents, assigns, and all affiliated persons, firms, or corporations.

1.3 “Renter” means the individual placing the rental order who agrees to the terms of this Agreement. Renter represents that they are at least eighteen (18) years of age, possess a valid government-issued identification, and, if renting for a minor, are the legal guardian authorized to bind the minor to this Agreement.

1.4 “Equipment” means the products rented from Baby1stRental by Renter, collectively or individually.

1.5 “Rental Period” means the duration of time the Equipment is in the possession of Renter, as specified in the rental order, calculated per calendar day and not per 24-hour period.

1.6 “Ghosting” means non-response by Renter to communications from Baby1stRental regarding payment issues, pickup/drop-off logistics, rental extensions, or other rental matters.

1.7 “Normal Wear and Tear” means minor cosmetic changes resulting from ordinary, careful use of the Equipment, which expressly excludes stains, tears, or damage requiring professional cleaning or repair.

2.1 Renter hereby agrees to disclaim, waive, and release Baby1stRental from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, particularly on account of any and all injuries, known and unknown, to person or property or both, which result in any way from the use of the Equipment, except for claims arising from the gross negligence or willful misconduct of Baby1stRental.

2.2 Without limiting the generality of the foregoing, Baby1stRental will not be held liable for any injury to Renter or any other adults, or any damage to property by the use of the Equipment, nor for derivative claims (e.g., loss of consortium) related to injuries to Renter’s children, as Texas law prohibits waiving direct claims for minors.

2.4 Renter acknowledges that Renter is familiar with, and knows how to operate, the Equipment and is taking full responsibility for using the Equipment.

2.5 Renter is responsible for ensuring that all Equipment is used in accordance with the manufacturer’s recommended age, weight, and size guidelines. Renter acknowledges that use of Equipment outside of manufacturer specifications is at Renter’s sole risk and releases Baby1stRental from any liability arising therefrom.

3.1 Renter represents and warrants that each item of rented property is of a type, design, quality, and manufacture selected by Renter, acceptable to Renter, and suitable for Renter’s purposes.

3.2 Renter acknowledges that Baby1stRental is not the manufacturer or supplier of the Equipment or the representative of either, and that Baby1stRental is not required to enforce any manufacturer’s warranties on behalf of Baby1stRental or Renter.

3.3 Baby1stRental rents the Equipment to Renter “as is,” without warranty or representation either express or implied. Baby1stRental expressly disclaims any warranty, express or implied, as to: (a) the title, condition, fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof; (b) the absence of latent or other defects, whether or not discernible; (c) the absence of infringement of any patent, trademark, or copyright; or (d) any other matter whatsoever. All such risks, as between Baby1stRental and the Renter, are to be borne by the Renter.

4.1 Renter agrees to indemnify and hold harmless Baby1stRental from and against any and all claims, liabilities—including negligence, gross negligence, tort, and strict liabilities—demands, actions, suits and proceedings, losses, costs, penalties, and damages, including without limitation reasonable attorneys’ fees and costs (collectively, “Claims”), arising out of, connected with, or resulting from the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, handling, transportation, or return of the Equipment, including claims by third parties, except for claims arising from the willful misconduct of Baby1stRental.

4.2 In no event shall Baby1stRental’s aggregate liability arising out of or related to this Agreement exceed the total amount of rental fees paid by Renter.

4.3 Baby1stRental shall not be liable for any indirect, incidental, or consequential damages arising from the use of the rented Equipment.

4.4 No owner, officer, director, employee, or agent of Baby1stRental shall have any personal liability under this Agreement or in connection with the rental.

5.1 Renter is responsible for inspecting the Equipment upon delivery, whether delivered directly to Renter or to a third-party location (e.g., hotel front desk), to confirm it is in good condition, with no missing parts, damage, or defects, including but not limited to car seats, strollers, high chairs, and other baby equipment.

5.2 Renter must report any issues to Baby1stRental within two (2) hours of delivery via text, WhatsApp, or phone, or the Equipment will be deemed accepted in good condition. Renter is encouraged to document the Equipment’s condition with photos upon receipt to facilitate dispute resolution.

5.3 For deliveries to third-party locations (e.g., hotel front desks), Baby1stRental will notify Renter via text message upon delivery. Renter remains responsible for inspecting the Equipment on the day of delivery and reporting any issues within the two (2) hour window.

5.4 Renter must return the Equipment in the same condition as received. Normal Wear and Tear (as defined in Section 1.7) will not incur additional charges.

5.5 If the Equipment is returned damaged, in disrepair, or with missing parts, Renter is obligated to pay the cost of repair in addition to charges incurred for the Rental Period. If an item is irreparable, Renter is obligated to pay full retail replacement value.

5.6 If the Equipment is returned in a condition requiring cleaning beyond Normal Wear and Tear, as determined by Baby1stRental, a cleaning fee of fifty dollars ($50) per piece of Equipment will be charged to the Renter’s credit card on file.

5.7 Baby1stRental will notify Renter of any damage or cleaning assessment within forty-eight (48) hours of Equipment return. Failure by Baby1stRental to notify Renter within this timeframe shall constitute acceptance of the Equipment in its returned condition.

5.8 Renter agrees to pay a ten dollar ($10) fee for any car seat installation manuals that are not returned to Baby1stRental at the end of the Rental Period.

6.1 Charges are based on the agreed-upon Rental Period, calculated per calendar day, not per 24-hour period. Any changes to the Rental Period require prior agreement with Baby1stRental.

6.2 For pickups, Renter must ensure the Equipment is available at the agreed-upon location and time for inspection by Baby1stRental.

6.3 If Renter fails to return the Equipment or make it available at the agreed-upon date, time, and location, Baby1stRental may repossess the Equipment without notice, and Renter releases Baby1stRental from any claims arising from such repossession.

6.4 If repossession is not possible, Baby1stRental reserves the right to charge Renter’s credit card for one hundred fifty percent (150%) of the full retail value of the Equipment, in addition to charges incurred for the Rental Period. This amount reflects the retail replacement cost of the Equipment plus estimated lost rental revenue and administrative costs associated with non-return, and constitutes a reasonable pre-estimate of liquidated damages.

All orders are subject to a twenty-five dollar ($25) non-refundable deposit, regardless of the cancellation timeframe.

This policy is in place due to the logistical preparations and arrangements involved in ensuring the availability and delivery of your selected baby equipment.

During the following high-demand holiday periods, all rentals are considered final sale due to limited inventory and advance preparation:

For rentals during these dates, all payments—including the $25 deposit and full rental amount—are one hundred percent (100%) non-refundable once the order is placed. Early returns or schedule changes do not qualify for any refund or credit. Baby1stRental is happy to work with Renter on shortening or adjusting dates when possible, but no monetary refund will be issued.

All eligible refunds will be processed to the original credit card used for payment within seven to ten (7–10) business days from the date the cancellation is confirmed by Baby1stRental. Processing times may vary depending on the card issuer’s policies.

In the event that a force majeure event (as defined in Section 11.4) directly prevents Renter from utilizing the Equipment (e.g., government-ordered travel restrictions, natural disasters affecting the delivery area), Baby1stRental may, at its sole discretion, offer a rental credit or date rescheduling in lieu of a refund. This provision does not create an obligation for monetary refunds outside the standard cancellation policy.

8.1 Baby1stRental accepts only valid credit cards issued by major financial institutions for all payments and transactions. Debit cards, cash, prepaid cards, or peer-to-peer payment services such as Venmo, Cash App, PayPal (in peer-to-peer mode), or similar are strictly not accepted.

8.2 Any attempt to use prohibited payment methods will result in the requirement of an additional security deposit equal to two-thirds (2/3) of the full retail value of the Equipment per item rented. This deposit will be charged to a valid credit card provided by the Renter and will be fully refunded upon successful return of the Equipment in acceptable condition after inspection, typically within three to seven (3–7) business days as determined by the card issuer’s policies.

8.3 A complete and accurate billing address must be provided for every credit card transaction to verify identity and prevent fraud. Failure to provide this information may result in order cancellation without refund of any deposits.

8.4 In the event of a credit card decline, Baby1stRental will attempt to contact the Renter via text messaging, WhatsApp, or phone. If multiple charge attempts are made without response from the Renter (Ghosting), a fee of twenty-five dollars ($25) will be assessed per decline attempt to cover administrative costs. Ghosting may also incur additional fees up to fifty dollars ($50) per instance for wasted resources, depending on the severity and impact on operations. Aggregate Ghosting-related fees shall not exceed two hundred dollars ($200) per rental transaction.

8.5 If a credit card is declined during an active rental or extension request, Renter must immediately pay a security deposit of two-thirds (2/3) the full retail value per piece of Equipment, plus any outstanding extension payments or fees. These deposits will be refunded in full once the Equipment is returned, inspected, and deemed acceptable, within the standard three to seven (3–7) business days.

8.6 In any situation where daily charges apply (e.g., late returns, unresolved declines, Ghosting on extensions, or unauthorized holds), fees will accrue at a rate of one and one-half (1.5) times the original quoted daily rental rate per item per calendar day.

8.7 If a decline occurs and the Renter cannot pay the required deposits, fees, or extensions within a reasonable timeframe (typically within four (4) hours of notification), the rental agreement will be immediately canceled. All Equipment must be returned before 7:00 PM local time on the day of cancellation to avoid further charges. Failure to return by this deadline may result in additional late fees, repossession efforts with associated costs billed to the Renter, or legal action, including but not limited to small claims court filings, reporting to credit bureaus, or pursuit of theft charges if Equipment is not recoverable.

All fees are reasonable estimates of damages incurred by Baby1stRental and will be conspicuously disclosed in the signed agreement to ensure compliance with the Texas Deceptive Trade Practices-Consumer Protection Act.

8.9 Baby1stRental reserves the right to update these Payment Policies with reasonable prior notice to ensure fair and secure transactions.

9.1 By providing your mobile phone number during the booking or checkout process and checking the SMS consent checkbox, you provide express written consent to receive text messages (SMS) from Baby1stRental at the phone number you have provided.

Baby1stRental sends two categories of text messages:

Your phone number will be used solely for the purposes described in this section. Baby1stRental does not sell, rent, or share your mobile phone number with third parties for their marketing purposes. Baby1stRental’s SMS communications comply with the Telephone Consumer Protection Act (TCPA), TCPA regulations, and Cellular Telecommunications Industry Association (CTIA) guidelines.

10.1 This site may contain proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.

10.2 Baby1stRental and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Baby1stRental believes that customer conduct violates applicable law or is harmful to the interests of Baby1stRental and its subsidiaries.

10.3 Baby1stRental’s use of personal information submitted through this website is governed by the Baby1stRental Privacy Policy, available at https://baby1strental.com/privacy-policy/. Baby1stRental shall not be liable for any data breaches or unauthorized access to personal information unless caused by gross negligence or willful misconduct.

11.1 Governing Law and Jurisdiction. This Agreement shall be governed and construed in all respects by the laws of the State of Texas. The federal and state courts within Dallas County, Texas, shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Renter hereby consents to the personal jurisdiction of such courts and to service of process by registered mail.

11.2 Entire Agreement; Amendment; No Waiver. This Agreement sets forth the entire agreement between the parties and merges all prior discussions. This Agreement may only be modified in writing, signed by both parties. No oral modifications shall be effective. No waiver of any breach or right shall be deemed a waiver of any other breach or right, nor shall any waiver constitute a continuing waiver unless specified in writing.

11.3 Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given on the date of personal service, or on the third day after mailing by first-class mail, registered or certified, postage prepaid.

11.4 Force Majeure. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, pandemics, epidemics, public health emergencies, or any other reason beyond the control and not caused by the negligence of the non-performing party. If force majeure conditions continue for more than six (6) months, the affected party shall be released without liability upon prompt notice.

11.5 Severability. If any provision of this Agreement is held illegal, unenforceable, or invalid, the remaining provisions shall remain in full force and effect unless an essential purpose of this Agreement would be defeated.

11.6 Construction. Each party and their attorneys have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party shall not apply.

11.7 Non-Assignability and Binding Effect. The rights and obligations of Renter may not be assigned or delegated without Baby1stRental’s prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.

11.8 Counterparts; Electronic Signature. This Agreement may be executed in multiple counterparts. A document signed and transmitted electronically shall be treated as an original document.

11.9 Arbitration. Any dispute remaining unresolved for thirty (30) days shall be submitted to arbitration, in which each party selects one arbitrator and those two select a third. The decision of the majority shall be final and binding. Each party shall pay one half of the costs. Arbitration shall take place in Dallas County, Texas, unless mutually agreed otherwise. The prevailing party shall be entitled to recover reasonable attorney’s fees and court costs.

11.10 Word Usage. Unless the context clearly requires otherwise: (a) plural and singular numbers include the other; (b) masculine, feminine, and neuter genders include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.

11.11 Headings. Headings are for convenience only and shall not be used in the construction or interpretation of this Agreement.

11.12 Further Acts. Each party shall execute and deliver such documents and take such actions as may be reasonably requested for the implementation of this Agreement.

11.13 Third Parties. Nothing in this Agreement is intended to confer any rights or remedies on any persons other than the parties and their respective successors and assigns.

11.14 Survival of Representations. All representations and warranties shall survive the execution of this Agreement. Provisions related to indemnification, limitation of liability, and payment of fees shall survive termination.

11.15 Compliance with Texas Law. This Agreement is intended to comply with all applicable Texas laws, including the Texas Deceptive Trade Practices-Consumer Protection Act (Texas Business & Commerce Code §17.41 et seq.). Baby1stRental prohibits any unconscionable actions or practices that take advantage of the Renter’s lack of knowledge, ability, experience, or capacity to a grossly unfair degree.

12.1 Renter is responsible for reading and understanding Texas Child Restraint Laws.

12.2 Renter acknowledges that Baby1stRental does not install car seat(s) of any kind under any circumstance.

12.3 Renter is fully responsible for the proper installation and proper use of car seat(s) rented from Baby1stRental.

13.1 Renter agrees that checking an “I Agree,” “Accept,” or similar checkbox, clicking a confirmation button, or otherwise indicating acceptance through Baby1stRental’s website, booking platform, or electronic communication constitutes a valid and binding electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §7001 et seq.) and the Texas Uniform Electronic Transactions Act (Texas Business & Commerce Code §322.001 et seq.).

13.2 Renter acknowledges that electronic acceptance of this Agreement carries the same legal force and effect as a handwritten signature on a physical document.

13.3 Baby1stRental will provide Renter with a copy of the accepted Agreement via email for Renter’s records.

14.1 Renter hereby declares that the terms of this Rental Agreement and Waiver have been completely read, fully understood, and voluntarily accepted.

14.2 Renter acknowledges that the purpose of this Agreement is to induce Baby1stRental to rent the Equipment to Renter.

14.3 Renter acknowledges that Renter is precluded forever from any claims against Baby1stRental arising out of the rental, except as limited by Texas law.