Growing Nest Baby Rental Agreement — Terms & Conditions

This Agreement is between Growing Nest Baby ("Company") and the individual identified as the renter in the booking confirmation ("Renter"). The item(s), serial number(s), condition at delivery, rental start date, minimum term, monthly rate, and refundable security deposit are as set out in that booking confirmation.

Pre-Use Inspection & Notice. Renter must inspect the Equipment at the time of delivery or pickup and notify Company in writing within twenty-four (24) hours of any defect, damage, missing part, or condition Renter believes renders the Equipment unfit for use. Absent such notice, the Equipment is deemed accepted in the condition stated in the booking confirmation or condition report, and Renter waives any claim based on a condition that reasonable inspection at delivery would have revealed.

Renter may request an extension of the rental period by submitting a written request to Company at least 24 hours prior to the scheduled return time. Extensions are subject to availability and are not guaranteed. If approved, the rental will renew at the standard rental rate, and the authorized payment method on file will be charged immediately for the additional period.

• The Security Deposit is held to cover replacement costs, damage repairs, excessive cleaning, and late fees or unreturned items. Security Deposit is not applied toward rental fees unless Company agrees in writing.
• If the cost of repair, cleaning, or replacement for any damage or loss to the Product exceeds the amount of the Security Deposit, Renter agrees to be fully responsible for the remaining balance.
• Deposit is refunded within 3 to 7 business days of Equipment return, less any deductions itemized in writing.

• Equipment must be used strictly in accordance with the original manufacturer's current instructions, age/weight limits, and safe-sleep guidance, which Renter confirms having received and read prior to use.
• Company will separately check the applicable recall and safety-notice databases for each item prior to delivery, but this does not relieve Renter of the independent obligation. Renter is solely responsible for checking the manufacturer's and CPSC/FDA recall databases for the specific serial number of the Equipment before first use and periodically thereafter, and for immediately discontinuing use and notifying Company if a recall or safety notice is issued.
• Only manufacturer-original accessories (sleep sacks, mattresses, inserts) provided or approved by Company may be used with the Equipment. Use of unauthorized, off-brand, or non-original accessories voids this Agreement and shifts all resulting liability to Renter.
• Equipment is not a medical device substitute and does not replace active adult supervision. Company makes no representation that Equipment prevents or reduces the risk of SIDS or any other medical condition.
• Renter will not sub-rent, resell, lend, or transfer possession of the Equipment to any third party.
• Equipment is provided for use only by Renter's own household; it may not be used in a commercial, hospital, daycare, or NICU setting.

• If Renter selects white-glove delivery and setup as an add-on service, Company's personnel will deliver and assemble the Equipment strictly in accordance with the original manufacturer's current instructions, with no modifications, substitutions, or workarounds.
• Regardless of who performs setup, Renter is responsible for independently verifying, before first use, that any safe-sleep-critical configuration (harness fit, sleep sack sizing, mattress/base placement, incline or recline settings) matches the manufacturer's instructions. Company's setup does not substitute for Renter's own verification.
• Renter consents to Company's delivery personnel entering Renter's home solely for the purpose of delivering, assembling, or retrieving the Equipment, during a mutually scheduled window. Company is not responsible for pre-existing conditions of Renter's property.

• Equipment is provided cleaned and sanitized by Company prior to delivery.
• Normal "wear and tear" is expected and does not incur charges.
• Renter agrees to maintain the Equipment in a sanitary condition during the rental period and to return it free of bodily fluids, mold, or significant soiling.
• A standard cleaning/reconditioning fee of $49 per item is charged during checkout. If the Equipment is returned with excessively dirty stains, mold, or smoke exposure, a detailed cleaning fee of $150 per item applies instead of the standard fee.
• Cleaning fees are billed separately from, and are not deducted from, the Security Deposit. Renter authorizes Company to charge the payment method on file for any applicable cleaning fee within fourteen (14) business days of Equipment return.

• Renter is responsible for loss, theft, or irreparable damage.
• If an item is ruined, missing or damaged, and that specific part can be replaced individually, you will be charged only for that specific part and the repair labor.
• If the specific part cannot be replaced, or if the entire item is lost, stolen, or ruined, you will be charged the full retail replacement value of the entire item.
• Late returns are charged at 150% of the prorated daily rental rate per day late, beginning the day after the agreed return date.
• Company will provide Renter an itemized written statement of any charges under this Section within fourteen (14) business days of return.

• Renter may cancel 3 days before the Rental Start Date for a full refund, while last minute cancellations within 72 hours are non-refundable.

Renter understands that the use of infant and child equipment carries inherent risks, including but not limited to risk of injury, suffocation, entrapment, or death, notwithstanding proper use. Renter voluntarily and knowingly assumes all such risks for Renter and for any minor(s) in Renter's care who use the Equipment, whether or not such risks are foreseeable, and whether such risks arise from the condition of the Equipment, the manner of its use, the acts or omissions of Company, or otherwise.

To the fullest extent permitted by applicable law, Renter, on behalf of Renter and, to the extent Renter has legal authority to do so as parent or legal guardian, on behalf of any minor(s) who use the Equipment, agrees as follows:

• Release. Renter releases, waives, and forever discharges Company, its owners, members, employees, contractors, and agents ("Released Parties") from any and all claims, demands, actions, or liabilities of any kind arising out of or related to the rental, use, condition, or return of the Equipment, including claims of ordinary negligence.
• Indemnification. Renter agrees to indemnify, defend, and hold harmless the Released Parties from any third-party claim, loss, damage, or expense (including reasonable attorney's fees) arising out of Renter's use of the Equipment, except to the extent caused by the Released Parties' gross negligence or willful misconduct.
• No Waiver of Minor's Independent Claims. Renter acknowledges that, notwithstanding the foregoing, applicable law may not permit a parent or guardian to waive or release claims belonging independently to a minor child, and nothing in this Agreement is intended to purport to do so beyond what is legally permissible in the governing jurisdiction.
• Carve-Out. Nothing in this Section limits liability for gross negligence, willful misconduct, or any liability that cannot lawfully be waived or limited by contract.
• Representations. Renter represents that Renter is at least eighteen (18) years of age, is the parent or legal guardian of any minor(s) who will use the Equipment, has read and understood the manufacturer's safety instructions referenced in Section 5, and has had the opportunity to consult independent legal counsel before signing.
• Severability. If any provision of this Section is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Limitation of Company Liability. Company's aggregate liability to Renter arising out of or related to this Agreement shall not exceed three (3) times the total amount actually paid by Renter to Company. In no event shall Company be liable for consequential, incidental, special, exemplary, or punitive damages.
• Attorney's Fees. In any action or proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
• Dispute Resolution. Any dispute shall be resolved by binding arbitration seated in Dallas County, Texas, except that either party may bring an individual claim in small claims court in Dallas County, Texas within that court's jurisdictional limit. Each party waives any right to a jury trial or to participate in a class action, to the extent permitted by applicable law.

Equipment is rented "as-is." Company is not the manufacturer of the Equipment, is not the manufacturer's representative, and is not obligated to enforce any manufacturer warranty on Renter's behalf.

Governing State: Texas

This Agreement, together with the booking confirmation and any signed Condition Report, constitutes the entire agreement between the parties regarding the Equipment and supersedes all prior discussions.