Rental Agreement

Jackson Hole Baby Gear, LLC. Rental Agreement

This Rental Agreement ("Agreement") is made between Jackson Hole Baby Gear, LLC ("JHBG"), a Wyoming corporation, and the Renter (the individual or entity booking the rental). JHBG’s representatives include its contract workers, shareholders, officers, directors, volunteers, participants, and employees.

I. Payments and Reservations

Accepted Payment: We accept Visa, MasterCard, Discover, and American Express.

• Reservation Hold: A valid credit card number is required to secure your reservation.
• Payment Schedule: Your credit card will be charged in full 48 hours prior to your scheduled delivery date.
• Minimum Rental Period:
  • Full-sized Cribs: Subject to a three-day minimum charge.
  • All Other Items: Can be rented on a per-day basis.
• Order Confirmation and Changes: If your order is submitted online, we will contact you to confirm the details and secure your credit card information. If your selection changes or items are unavailable, we will send an updated invoice via email for your agreement.

II. Cancellation Policy

We understand that travel plans can change.

• Cancellation Outside 48 Hours: Orders cancelled more than 48 hours prior to the delivery date will incur no charge.
• Cancellation Within 48 Hours: Orders cancelled within 48 hours of the delivery date will be charged 100% of the original rental order plus the full delivery charge.

III. Delivery and Service Fees

• Delivery Date: JHBG will deliver the item(s) on the requested delivery date.
• Standard Delivery Fee (Jackson, Wilson, and Teton Village): A flat rate of $49 applies for delivery within the Jackson Hole area. All orders must meet a $50 minimum charge (excluding the delivery fee).
• Extended Area Service Fee: Deliveries to locations outside the Jackson Hole Valley (including Teton Valley, ID, Hoback, WY and south, or north of the JAC Airport) are subject to an additional driving/service fee.
• Service Includes: The flat-rate and extended service fees include set-up and take-down of your rented items.
• Additional Service Fees: If delivery or pick-up is not possible on the first attempt due to a reason not caused by JHBG, or if return trips are otherwise required (e.g., incorrect address, items not ready for pick-up), an additional Service Fee of $25 per trip will be charged.

IV. Acceptance, Use, and Return of Item(s)

Acceptance and Condition

• Item Condition: You agree that the rental item(s) are delivered in good condition and you accept them “AS IS” upon delivery.
• Reporting Issues: You must notify JHBG in writing at the time of delivery of any issue with the rental item(s).
  • For purely cosmetic issues, JHBG will note the problem.
  • For functional or safety issues, JHBG will remedy the problem or provide a piece of equipment of the same quality and purpose.
  • Once the problem is remedied, you agree that you accept the rental item(s) in good condition and “AS IS.”
• Return Condition: You agree to return the item(s) in as good a condition as when you received them, subject to ordinary wear.

Return and Repossession

• Rental Period: The exact length of the rental period is defined in your order form. Any changes to the return date must be requested by you in writing or by phone with verbal permission prior to the original requested return date.
• Linens: Linens do not need to be laundered prior to pick-up.
• Failure to Return: It is your responsibility to make the rental item(s) available for JHBG pick-up at the agreed-upon time and location.
  • If you fail to do so, JHBG may repossess the items without further notice, and you release JHBG from any claims arising from the repossession.
  • If repossession requires multiple trips or is not possible, JHBG reserves the right to charge the credit card on file for:
    • Additional accumulated rental fees.
    • The full current retail replacement cost of the item(s).
    • A fifteen percent (15%) administrative fee of the total rental fee and replacement cost.
• Collection: JHBG reserves the right to use a professional collection agency for any unreturned items, in which case you will be liable for the suggested retail price, collection fees, JHBG’s expenses, and reasonable attorney’s fees.
• No Reimbursement: No reimbursement or refund will be given for unused time if the item(s) are returned or available for pick-up earlier than the agreed-upon return date.

V. Loss, Damage, or Destruction

• Full Responsibility: You are fully responsible for any loss, theft, damage, or destruction of the item(s) from all causes whatsoever that occur during your possession. This liability extends beyond ordinary wear and tear.
• Cleaning/Missing Parts Fee: An additional charge, determined by JHBG, will apply for items returned with parts missing or in exceptionally dirty condition.
• Damage/Repair: If item(s) are returned damaged but are repairable, you will be charged the accumulated rental fee plus the full cost of repair.
• Irreparable Damage/Loss/Theft: If the item(s) are deemed irreparable, lost, or stolen, you will be obligated to pay the accumulated rental fee plus the full replacement value of the item(s).
• Notification: You must promptly notify JHBG in writing within 24 hours of any loss, theft, damage, or destruction of the item(s).

VI. Location of Item(s)

• Location Restriction: You agree to keep all rental item(s) in your possession and will not remove them from Teton County, Wyoming, or the original delivery location without the prior consent of JHBG.
• Breach of Agreement: Removal of items without prior written consent constitutes a breach of this Agreement. Upon such breach, JHBG has the right of immediate possession and reserves the right to charge your credit card for the full replacement value plus a fifteen percent (15%) administrative fee for handling. You may also be subject to prosecution under Wyoming state law.

VII. Indemnification and Disclaimer of Warranties

Release of Liability

IN CONSIDERATION OF THE RENTAL SERVICES PROVIDED BY JHBG, YOU, THE RENTER, ON BEHALF OF YOURSELF AND YOUR SPOUSE, CHILDREN, PARENTS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, AND ESTATE, HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS JHBG FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, ACTIONS, OR CAUSES OF ACTION (INCLUDING NEGLIGENCE, TORT, AND STRICT LIABILITY) FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY IN THE USE OF THE RENTED ITEM(S).

YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE RENTAL ITEM(S), AND WAIVE ANY AND ALL LIABILITY AGAINST JHBG.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD JHBG HARMLESS FROM ANY CLAIMS, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR RESULTING FROM THE MANUFACTURE, POSSESSION, CONDITION, USE, OPERATION, HANDLING, TRANSPORTATION, OR RETURN OF THE RENTAL ITEM(S).

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT:

1. Each rental item is of a type, design, quality, and manufacture selected by you.
2. JHBG is not the manufacturer or supplier of the rental item(s).
3. JHBG is not required to enforce any manufacturer’s warranties on your behalf. 
4. ALL RENTAL ITEM(S) ARE RENTED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. JHBG expressly DISCLAIMS any warranty, express or implied, including, without limitation, any WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

VIII. Governing Law and Acceptance

• Governing Law: This Agreement shall be governed by the laws of the State of Wyoming.
• Venue: Venue for any dispute shall be exclusively in Teton County, Wyoming.
• Waiver of Jury Trial: YOU HEREBY WAIVE THE RIGHT TO ANY TRIAL BY JURY for any claims you may make hereunder.

Acknowledgment: By accepting the terms of this Agreement (via checking the required box on the JHBG website or other form of acceptance), you acknowledge that you have read and understand the terms, including the RELEASE OF LIABILITY and INDEMNIFICATION provisions. You fully understand that you have given up substantial rights by entering into this Agreement, and you do so freely and voluntarily.