Rental Agreement
PLAYSCAPE VERMONT LLC
RENTAL AGREEMENT AND LIABILITY WAIVER AND RELEASE
LAST UPDATED: July 10, 2024
This Rental Agreement and Liability Release and Waiver (these “Terms”) is entered into between you, and Playscape Vermont LLC (referred to as “Playscape Vermont” “us”, “we”, or “our” as the context may require), and applies to the rental, purchase and sale of products and services through www.playscapevermont.com, its subdomains, and such mobile applications and websites as we may designate from time to time (the “Site”).
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE wBOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PLAYSCAPE VERMONT LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
We may change these Terms at our discretion without prior written notice at any time. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through our Site. Placing your order, and or your continued use of our Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- Ordering Rental Products. Subject to and conditioned upon your compliance with these Terms you may request to rent from Playscape Vermont, certain high-quality children’s products (“Rental Products”) for the rental term (the “Rental Term”), on a weekly basis. You agree that your order is an offer to rent under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to rent the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We use Booqable as our rental platform provider. You permit us to access the data in your Booqable, to better provide you with customer service and for our own internal business purposes. We will not have access to your credit card number/information, and are not responsible for the security of any data you provide through Booqable. Please contact us for a copy of our privacy policy.
- Use of Rental Products.
- Proper Use. You are solely responsible for the proper use, operation and cleaning of the Rental Products during the Rental Term, regardless of whether the actual user of the Rental Products is you or any third party. You will use the Rental Products, and are responsible for any third party properly using the Rental Products (i) in a careful, safe, and proper manner, consistent with the purpose intended; (ii) in compliance with all applicable laws, rules, and regulations; and (iii) in compliance with all Manufacturer Instructions. You should review and ensure you are familiar with and understand all Manufacturer Instructions. Please do not permit smoking near any Rental Products. It is your responsibility to properly set the Rental Product (if there are settings or other adjustments) to the proper setting for the user of the Rental Product.
- Prohibited Uses. You must not and must not permit any third party to: (i) alter, disassemble, or attempt to repair or change any Rental Product in any manner; (ii) use any Rental Product for any purpose other than the intended functionality; (iii) add any modification to any Rental Product, other than approved accessories and components for the particular year, make, and model of the Rental Product; (iv) remove any labeling, warnings, or proprietary notices from any Rental Product; (v) sell, transfer, encumber, or use or permit the use of the Rental Product for any commercial purposes, including, without limitation, by subletting the Rental Products; or (vi) use the Rental Products in any manner that violates, or is likely to violate, any applicable law, rule, or regulation, or Manufacturer Instructions.
- Settings. you are solely and exclusively responsible for the selection of any settings offered by the Rental Products and for making any proper adjustments to the Rental Products that may be required to match a child’s height, weight, or preferences. Please consult the Manufacturer Instructions prior to making any such adjustments or selecting any Rental Product settings. Without limiting the assumption of risk and waivers set forth in this Agreement you knowingly and voluntarily waive any claim you may have against us for losses arising from improper adjustments of Rental Products or the selection of inappropriate settings.
- Pricing; Fees and Payment.
- All prices, discounts, and promotions posted on our Site are subject to change without notice. The price charged for a Rental Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or other charges for example, for pickup/delivery or late fees or the related security deposit. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Rental Fees. In exchange for your use of the Rental Products, you will pay us rental fees (“Rental Fees”). Fees are payable on Booqable. We require that you leave a valid credit card (“Payment Method”) on file with us, and you authorize us to charge additional fees to the Payment Method as may be allowed by these Terms. Through Booqable we will add 10% to the Rental Fees associated with your order as a security deposit (the “Security Deposit”), which will be refunded if all Rental Products are returned on time and in an acceptable condition, or which may be withheld at our sole discretion if the Rental Products are returned late or damaged or unclean.
- Additional Fees. If you do not return the Rental Products you rent before the end of the Rental Term, we may withhold your Security Deposit and assess a late return fee of $25 per day. If you reschedule a delivery appointment within 24 hours of the time we are scheduled to drop off or pick up Rental Products, we may charge a rescheduling fee of $25.
- Pickup or Delivery; Return of Rental Products.
- Pickup- Rental Products may be picked up and dropped off at our location at Champlain Elementary/the Soda Plant on Pine Street in Burlington, Vermont (“Playscape HQ”) for free. We will coordinate and schedule pickup times as described on our Site. Pickup times by appointment may be subject to an additional fee.
- Delivery- For an additional charge, we may deliver and pick up the Rental Products for you if you are located within 20 miles of Playscape HQ. Deliveries under 10 miles from Playscape HQ will be $8, and Deliveries between 10 and 20 miles from Playscape HQ will be $14. Delivery for outside of 20 miles would be on a case-by-case basis, please contact us at alia@playscapevermont.com. Rental Products must be returned by 6 pm on the last day of the Rental Term. We will reach out to you via email to schedule your pickup/delivery times. It is extremely important that you do what you can to meet your obligations to return the Rental Products in a timely method. You must contact us immediately if you cannot meet your pickup/delivery obligations. Your Payment Method on file will be charged a late fee of $25 if the Rental Products are not returned on time. This fee will renew each day that you do not return the items, and you may not be able to rent from us in the future, at our sole discretion. We will not consider Rental Products returned until they are in our possession and control. You will remain liable for any Rental Fees or other amounts accruing prior to your return of the Rental Products until they are properly returned to us in accordance with these Terms. If you are not present for any scheduled pick-up or delivery of Rental Products, or you cancel or reschedule a pick-up or delivery appointment less than 24 hours before your originally scheduled window we may charge your Payment Method a rescheduling fee.
- Limitations on Rentals. Unless we otherwise agree in advance, you are limited to no more than twenty (20) concurrent Rental Products at any time. You may NOT extend your rental without contacting us and getting our written approval.
- Rental Product Details.
- Rental Products are available for rent and are likely to have been previously used. You do not have the right to refuse acceptance of any Rental Products solely on the basis that the Rental Products have been previously used. All Rental Products are cleaned in accordance with our standard procedures prior to pickup/delivery. You agree and acknowledge that Rental Products may appear different in color and style than the photos displayed on the Site.
- We are the owner and retain title to all Rental Products. By renting the Rental Products, you acquire no ownership, title, right, equity or interest, other than the right to use the Rental Products during the Rental Term. Acceptance of these Terms does not constitute a conditional sale or financing agreement. You may not grant a security interest of any kind in the Rental Products, and you agree to keep the Rental Products free and clear from all levies, attachments, liens, and encumbrances. In the event that a third party attempts to create or assert an interest in the Rental Property, you must immediately notify us and follow our instructions.
- It is possible that use of the Rental Products requires minor assembly or installation following pickup/delivery. You are solely responsible for such assembly or installation and you hereby release us from any responsibility or liability for any losses arising from improper assembly or installation as described elsewhere in these Terms. Please consult and closely follow all manufacturer manuals, instructions, and warnings provided or available to you related to assembly or installation of the Rental Products (“Manufacturer Instructions”). Should you have any questions with respect to the proper assembly or installation of Rental Products, please contact the manufacturer of the applicable Rental Product.
- Defects. We visually inspect all Rental Products before they leave Playscape HQ. It is possible that some manufacturer or other defects may not be detectable and or may be outside of our reasonable control. If a Rental Product you have rented is found to be defective during the Rental Term, please stop using that Rental Product immediately and contact us at alia@playscapevermont.com. Unless the defect is caused by you we will replace the defective Rental Product with another unit of the same kind if we have one, or we will give you a credit in the amount you paid for the defective Rental Product. All determinations as to the cause of defects and whether any Rental Product is eligible for replacement under this section will be in our sole discretion.
- Exchanges. We may allow exchanges at our discretion subject to availability, if you find that the Rental Product is not a fit. If you arrange an exchange of one Rental Product for a more expensive Rental Product, you will be charged for the difference, as well as for any related pickup/delivery fees related to the exchanging of the Item. If you exchange a Rental Product for a less expensive Rental Product, NO REFUNDS OR CREDITS WILL BE GIVEN. If you are dissatisfied with any Rental Product or otherwise determine that a Rental Product does not meet your needs, please contact us at alia@playscapevermont.com- your satisfaction is important to us, however, except as set forth in Section 6(d) above, your sole remedy for your dissatisfaction with any Rental Product is to cancel the rental of the applicable Rental Product in accordance with these Terms.
- Cancellations. Our business relies on an accurate understanding of our inventory, but we understand that life happens. Please contact us immediately if you need to cancel your order. You may cancel your order any time prior to 7 days before your scheduled pickup/delivery window. If you cancel with fewer than 7 days before your scheduled pickup/delivery window, NO REFUNDS WILL BE GIVEN. You may contact us, and if possible we may, but are not required to, give you a partial credit to use on a future date. You hereby authorize us to charge your Payment Method (as defined below) for any cancellation fees so assessed.
- Recalls. If a Rental Product becomes subject to a recall or consumer safety issue, we will notify you and you must immediately cease using the recalled product and to cooperate fully with us in completing an exchange of any such Rental Product.
- Lost or Damaged Rental Products. If you lose or damage a Rental Product you may either pay us the replacement cost of the original item, OR you may find a mutually acceptable replacement in a condition similar to the condition of the Rental Product at the commencement of the Rental Term. If you repeatedly lose or damage Rental Products, we reserve the right to refuse to rent Rental Products to you in the future.
- No Refunds. ALL RENTAL FEES AND OTHER CHARGES ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO ANY RENTAL FEES OR OTHER CHARGES. Your satisfaction is important to us, however, so please contact us if you are dissatisfied by emailing alia@playscapevermont.com.
- Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON OUR SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Limitation of Liability; Assumption of the Risk. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
ANY USE OF THE RENTAL PRODUCTS BY YOU, DIRECTLY OR INDIRECTLY (INCLUDING BY ANY MINOR OR OTHER INDIVIDUAL ACCESSING THE RENTAL PRODUCTS RENTED BY YOU), IS AT YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE SUITABILITY OF ALL RENTAL PRODUCTS, AND YOU ASSUME ALL RISKS IN CONNECTION WITH THE SAME. WHERE ANY RENTAL PRODUCTS REQUIRE INSTALLATION OR ASSEMBLY, YOU INSTALL AND/OR ASSEMBLE SUCH RENTAL PRODUCTS AT YOUR OWN DISCRETION AND RISK.
CERTAIN RENTAL PRODUCTS MAY PERMIT YOU TO CHOOSE SETTINGS, AND THE SETTING YOU CHOOSE MAY CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OF THE RENTAL PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR, AND WE HEREBY DISCLAIM, ANY AND ALL LIABILITY, LOSSES, AND OTHER DAMAGES RESULTING FROM YOUR INSTALLATION, ASSEMBLY, OR USE OF THE RENTAL PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR RENTAL PRODUCTS.
YOU ARE SOLELY RESPONSIBLE FOR OPERATING, STORING, MAINTAINING, AND OTHERWISE USING THE RENTAL PRODUCTS MADE AVAILABLE TO YOU HEREUNDER IN FULL COMPLIANCE WITH ALL MANUFACTURER INSTRUCTIONS AND WARNINGS AND ALL DIRECTIONS PROVIDED TO YOU BY US.
- Indemnity. You agree to defend, indemnify and hold harmless Playscape Vermont, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney's fees) arising out of or relating to (i) your violation of this Rental Agreement, including, but not limited to, any access to or use of the Rental Products in any manner not expressly authorized hereunder, (ii) your violation of any applicable laws, rules, regulations, or Manufacturer Instructions, (iii) your installation or assembly of any Rental Products, and (iv) your failure to comply with any instructions provided to you by Playscape Vermont with respect to the Rental Products, including, but not limited to, any instructions to cease use of Rental Products in the event of any defect, recall, or other safety issue.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
- Privacy. We respect your privacy and are committed to protecting it. Your payment information is kept secure by Booqable, and we do not have access to it. Contact us for our privacy policy, which governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. In addition, if your rental is delayed because another customer is in breach of these Terms, we will work with you arrange for replacement products as we are able, or will issue you a credit in the amount of the order that we were unable to complete, but will not be held to be in breach of these Terms..
- Governing Law and Jurisdiction. Our Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Vermont.
- Dispute Resolution and Binding Arbitration.
- Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, the parties agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Site or any transaction conducted thereon, the Service, any Rental Products made available to you in connection with this Rental Agreement, or the breach, enforcement, interpretation, or validity of this Rental Agreement (“Claim”), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.
- You understand that this agreement contains an agreement to arbitrate. After signing this document, you understand that you will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration clause herein, unless it involves a question of constitutional or civil rights. Instead, you agree to submit any such dispute to an impartial arbitrator
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Playscape Vermont LLC.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at alia@playscapevermont.com We may update the email address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. These Terms and your order, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.