Rental Agreement

Last Updated: 2021-04-25

 
 

  1. EQUIPMENT RENTAL AGREEMENT AND LIABILITY WAIVER

    The Lessee (you) and Lessor (TEMP TOYBOX) acknowledge and agree that the terms and conditions contained in this agreement shall govern the rental of any and all equipment by the Lessee from the Lessor, and the term “Leased Equipment” as used herein shall refer to all such equipment. Except as otherwise expressly agreed by the Lessor and Lessee in writing, in the event of a conflict between the terms and conditions contained in this agreement and any terms or conditions set out in any purchase order, acceptance or other document the Lessee and Lessor agree that the terms and conditions set out in this agreement shall govern.

  2. LESSOR/PURCHASER RESPONSIBILITY FOR MINOR CHILDREN

    Temp ToyBox does not sell or rent to children. We provide products for rent or purchase by adults. If you're under 18, you may use Temp ToyBox only with the involvement of a parent or guardian. The lessor or purchaser agrees to take charge for Agents or third parties, particularly any minor children that may use the equipment.

  3. USE OF EQUIPMENT

    The Lessee agrees to only use the Leased Equipment for its intended purpose in a manner for which it was designed. When manufacturers’ guidelines for safe use are available, The Lessee agrees to follow guidelines including those that refer to the age, weight, height, and/or developmental stage of the child using the equipment. When manufacturer guidelines for safe use are not available, the Lessee agrees to use reasonable judgement and take action to manage safe use given the age, weight, height, and/or developmental stage of the child using the equipment. The Lessee shall not transfer, deliver up possession, or sublet the Leased Equipment, or assign the Lease without the written permission of TEMP TOYBOX.

  4. RISK

    By accepting this agreement and using the Leased Equipment, the Lessee and any user, acknowledges that the equipment is being used at their own risk. TEMP TOYBOX, its employees, owner, and affiliates will not be responsible for accidents, injuries, illness, or damages caused directly or indirectly by the use or misuse of the Leased Equipment.

    The lessor or purchaser agrees that they take on the general risk of renting and using the leased equipment. The Lessee agrees with the Lessor that the Lessee will at all times during the Rental Period protect, indemnify and save harmless the Lessor from and against any and all loss arising out of claims against the Lessor for personal injury (including illness or death) or damage to property caused by or arising out of the condition of the Leased Equipment or by the use or misuse thereof by the Lessee, its agents or by third persons.

  5. OBLIGATION TO SUPPLY RENTED EQUIPMENT

    TEMP TOYBOX does not guarantee the availability or exact condition of items listed in our online store. If the equipment you ordered or intended to rent is not available, TEMP TOYBOX will refund any funds related to that piece of equipment(s).

  6. MEMBERSHIP

    Membership is required to access the toy library. Membership is purchased using a recurring monthly fee, and may be cancelled through your MyTurn account settings.

    Membership is assigned to the purchasing userid, and is not transferable to other parties.

  7. PAYMENT, INCLUDING PAYMENT FOR MEMBERS The Lessee agrees to pay TEMP TOYBOX as rent the fees referenced in the invoice provided upon the completion of your online transaction.

    Some items are offered to members with no additional fee. ToyboxPlus Items are offered with an additional fee.

  8. RENTAL PERIOD and LATE RETURNS With respect to each piece of Leased Equipment: The rental period with respect shall commence on and include the day of requested delivery, provided Temp Toy Box makes the Leased Equipment available to the Lessee or the Lessee’s agent. The rental period shall end on and include the day of the longer of: Actual return of the Leased Equipment to TEMP TOYBOX (i.e. Late drop off) Requested rental period (i.e. Early drop off) If the Lessee is late in returning the leased equipment, (*i.e. After 6 pm on the due date), the Lessee will be subject to late fees.

    Maximum late return

    A lessee agrees that any equipment will be returned no later than 15 days after it's original due date and will be subject to any minimum rental fees in that time period. After 15 days, TempToyBox may request payment and Lessee will supply the higher of: Market value or Manufacturers Suggested Retail Price  

  9. CONDITION OF EQUIPMENT
    The lessee acknowledges that TEMP TOYBOX reserves the right to determine the condition of equipment and that rental costs reflect that.     The Lessee acknowledges that the Leased Equipment may be examined at the pickup of the leased equipment, and their acceptance of the leased equipment indicates that the Leased Equipment is clean, unmarred, and in good condition and working order.

  10. MAINTENANCE, DAMAGE AND LOSS
    The Lessee shall, at the Lessee’s sole expense, keep and maintain the Leased Equipment in good and substantial repair throughout the Rental Period, reasonable wear and tear excepted. The Lessee shall be liable to TEMP TOYBOX for all loss or damage to the Leased Equipment while it is in the possession of the Lessee. In the event of loss or damage of the Leased Equipment, the Lessee shall, upon demand by TEMP TOYBOX pay the full cost of repair or replacement of the Leased Equipment without deduction.

  11. EXCESSIVE SOILING
    The Lessee shall be liable to TEMP TOYBOX for all cleaning costs that arise from excessive soiling of the Leased Equipment.  Excessive soiling may include vomit, feces, urine, gum, markers, crayon, or any other difficult to remove substances.

  12. OWNERSHIP
    The Leased Equipment is and shall remain the exclusive property of TEMP TOYBOX.

  13. FORCE MAJEURE. 

    With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control.

  14. WAIVER.  

    Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights at any later date or time.

  15. Terms and Privacy Policy

    Please refer to our Terms and Privacy Policy

 
 
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