This Agreement shall be between you the “Client”: and Baby Gear East Coast DBA. Baby Gear Smoky Mountains (BGSM).   BGSM  remains the sole owner of all of its rental equipment.  BGSM is not offering for sale, and the Client is not purchasing, the equipment.  The client hereby acknowledges that the equipment shall be for personal use only.  By submitting their order they are accepting the terms and conditions of this rental agreement. the Client acknowledges that they have read, understood and agree to the terms stated below.   A hard copy is available upon request.

Terms and Conditions and Release of Liability

Reservations and Payment of Rental Fees

 

Payment is due by credit or debit card at the time of making the reservation. The Client agrees to allow BGSM to make alterations, adjustments, and additions to the form of payment for the purposes of crediting, refunding, and charging for any service or fee associated with their reservation. 

 

BGSM will confirm your reservation by email within 24 hours. Client should contact BGSM if a confirmation email is not received within 24 hours of placing a reservation online or over the phone at babygearmsm@gmail.com.
 

 The colors, brands, sizes of products may vary from the images shown. 

Delivery, Possession and Usage
 

At the time of the reservation, the Client will specify the date the customer desires to receive the rental and the date the client requests to have the rental picked up.  Client understands that the rental delivery times can be between 8am and 8pm.  Client also agrees that pickup time are between 8 am and 12pm and are required to be ready when notified. Failure to do so may result in additional rental fees.  Other delivery options may be available for an additional fee at BGSM's discretion.  

Local delivery includes Sevier County and some neighboring cities.  Anything delivery outside of Sevier County is at BGSM's discretion and may require additional fees.

There is a $40 minimum charge for items to be delivered not including any taxes or fees.  Client agrees that any reservation submitted for less then the minimum charge will be automatically charged the $40 minimum or may be refused at BGSM's discretion.  

 

The Client agrees and understands that all requests for changes to the existing reservations such as equipment or dates must be made at least 24 hours before the delivery date. Change requests made less than 24 hours before the agreed delivery date will be honored at the discretion of BGSM.  Please review our cancellation policy in regards to date changes. 

  

It is the client's responsibility to ensure that all items rented and items associated with the rental are available at the time of pickup by BGSM on the original pickup date.  If the customer does not have the the rental available at the time of pickup and desires to avoid replacement costs by returned the rental through shipping, all charges for any such return shall be the sole responsibility of the client.

 

The Client agrees to maintain possession of the rental item throughout the course of their rental period. Rental items are to be kept secure when not in use such as in their cabin, hotel room, or locked car. 

 

The Client agrees to inform BGSM immediately of any defect or malfunction while in use.  Once notified, BGSM will make every effort to remedy the issue in a timely manner.

 

The Client agrees to only use the rental item for its intended purpose in a manner for which it was designed. 

 

The Client agrees that violations of this agreement may result in the termination of the rental. BGSM reserves the right to terminate a rental based on evidence of abuse or violation of any and all parts of this agreement. Client agrees to surrender any and all rented equipment and accessories to BGSM upon request.  BGSM may, at its sole discretion, refund any portion of a rental that it deems necessary to terminate.

 

The Client agrees that based on the request of the client, any rental exchange may be charged a $25 exchange fee at BGSM's discretion. 

Damages to or loss of Equipment

 

The Client shall accept for use, as is, the rental item(s) listed in the reservation, and accept full responsibility for the care of the equipment while it is in the Client's possession.

 

The Client is responsible to pay the full replacement value of any rental item(s) rented under this Agreement that is not returned to BGSM within 48hrs of the end of the agreement. The Client also agrees to authorize the replacement cost of each rental item(s) to the Client's credit card in the event that the rental item(s) is not returned. In the event that an item(s) has been recovered after the client has been charged, a refund of the replacement charge will be issued to the client with the additional day rates deducted for the time lapsed between the end of the Agreement and the recovery date.

 

The Client is responsible to pay the replacement cost of any lost parts or accessories, whether paid for or provided free of charge. These include but are not limited to: storage bags, toy accessories, harnesses, parent consoles, glider boards and car seat adapters. These items may be provided for a small fee or free of charge and are not guaranteed to be available during your rental.
 

The Client is responsible for the loss, theft, damage or destruction of the rental item(s) and agrees to pay the full replacement value for the rental item(s). The Client also agrees to authorize the replacement cost of the rental item(s) to the Client's credit card.

Return Condition

The Client agrees to return the rental item(s) in the same condition as it was delivered, and to report any loss, theft, damage or destruction to the rental item(s) immediately to BGSM.  This includes any assembled items such as Super Play Yards and Security Gates.  

The equipment must be returned reasonably clean otherwise there will be a $15 per item cleaning fee.  The Client agrees to authorize the additional cleaning fee of the rental item(s) to the Client's credit card.  Please wipe down your high chairs before you set them out.   Any food remnants can attract wildlife and insects. 

 

 Please make sure all personal items are removed.  In the case where we find personal items left in our products, every effort will be made to return them to the Client at the Client's expense. 

BGSM charges $30 for vomit/excrement detailed cleanup and $50 for smoke removal. If they cannot remove the smoke smell, you will be responsible for the replacement cost of each item. There is a strict NO SMOKING policy around the rental equipment, at all times.  The Client  agrees to authorize the additional cleaning fee of the rental item(s) to the Client's credit card

The Client agrees to authorize the additional charges to the Client's credit card to replace any missing or broken items.

Cancellation Policy

  

A full refund will be given to all cancellations made 10 days or more prior to your rental date. All cancellations made within the 10 day window forfeit any refund.  BGSM will make every effort to reschedule any reservation within reason at at it's discretion. 

 

Any reservation changes or cancellations must be made by calling 865.325.3070 and emailing  Babygearsm@gmail.com.

RELEASE OF LIABILITY

By accepting and using the rental equipment, the Client and any user, acknowledges that the rental equipment is being used at their own risk.  BGSM hereby makes no warranties with respect to the rental equipment, and BGSM hereby specifically disclaims all warranties, whether express or implied.

Client understands that certain risks of injury exist from the use or misuse of any baby or children item, including the potential risk of serious injury, disability or death from the use of such items. 

 

BGSM and its employees, owners and affiliates will not be responsible for accidents, injuries or damages caused directly or indirectly by the use or misuse of the rental equipment. 

 

The Client and any user agree to hold harmless BGSM and its employees, owners and affiliates, from any liability, injury, death, property loss or damage which may result directly or indirectly from the use of the rental equipment  


Client understands that they are releasing BGSM and its employees, owners and affiliates, from any liability. 

Client knowingly and freely assume all such risks above, both known and unknown and assume full responsibility for the use of the rented items. 

Client fully understands that they have given up substantial rights by submitting their order and agrees to it freely and voluntarily without inducement.

 

This Agreement is governed by the laws of the Tennessee.

When you submit a reservation, it is assumed that you have read to and agreed with these Terms and Conditions as well as the Release of Liability Agreement.