Rockabye Rentals
Rental Agreement & Liability Waiver

Rental Agreement

This is a contract of renting only and not of sale. I, the undersigned renter (customer and each of its successors, assigns, and agents), agree that I have rented the item(s) herein described upon the express condition that it will at all times remain the property of the rental agent (Rockabye Rentals); that I will return at once to the rental agent (Rockabye Rentals) any item(s) not functioning normally; that I will pay promptly when due all charges which accrue because of the rental, including damages to said item(s).  In the event that I fail to return said item(s) at the agreed time, or fail to abide by any of the other terms of this contract, the rental agent (Rockabye Rentals) may repossess it without notice to me, and the rental agent (Rockabye rentals) is hereby released from all claims arising therefrom.  All charges are based on the time item(s) is in my possession whether in use or not.  I will be charged the current suggested retail price for any items requiring replacement.  Additional charges will be applied to my credit card if items are returned excessively dirty. Examples of excessively dirty items would include, but are not limited to, items with stuck-on chewing gum, crayon markings, dried ice cream, or stickers.  I agree not to disassemble full-sized cribs or move then to a different location from where they are originally set up without the permission of Rockabye Rentals.  I agree that I am responsible for correct use of rental items according to manufacturers’ instructions and guidelines. 

Waiver of Liability

THE RENTAL AGENT (ROCKABYE RENTALS) IS NOT RESPONSIBLE OR LIABLE FOR ANY NEGLIGENCE IMPLIED OR OTHERWISE, OR PERSONAL INJURY, OR DEATH, OR PROPERTY LOSS, CAUSED DIRECTLY OR INDIRECTLY IN THE USE OF THE RENTED ITEM(S).  I CONFIRM THAT I HAVE READ THIS AGREEMENT AND VOLUNTARILY ASSUME ALL RISKS OF ANY DAMAGES OCCURRING IN CONNECTION WITH THE ITEM(S) IN THIS RENTAL AGREEMENT. I HEREBY AGREE FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, TO WAIVE RELEASE AND DISCHARGE ROCKABYE RENTALS AND THEIR RENTAL AGENTS, SERVANTS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR REPRESENTATIVES FOR ANY AND ALL LIABILITY FOR ANY PROPERTY DAMAGE, LOSS, PERSONAL INJURY, LOSS OF LIFE AND/OR OTHER CASUALTY WHICH MAY OCCUR DURING THE COURSE OF THIS RENTAL AGREEMENT AND THE USE OF THE ITEM(S). IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS WAIVER, RELEASE AND ASSUMPTION OF RISK IS TO BE BINDING ON MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS IN THE EVENT OF ANY DEATH OR INJURY.

Indemnification

RENTER AGREES TO INDEMNIFY, DEFEND, AND HOLD ROCKABYE RENTALS AND ITS AGENTS, HARMLESS FROM ANY CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR RESULTING FROM THE MANUFACTURE, POSSESSION, CONDITION, USE, OPERATION, HANDLING, TRANSPORTATION OR RETURN OF THE RENTED EQUIPMENT.

Disclaimer of Warranties

RENTER FURTHER ACKNOWLEDGES AND AGREES THAT: (1)  EACH ITEM OF RENTED EQUIPMENT IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY RENTER, ACCEPTABLE TO RENTER AND SUITABLE FOR RENTER’S PURPOSES; (2) RENTAL AGENT (ROCKABYE RENTALS) IS NOT THE MANUFACTURER OR SUPPLIER OF THE RENTED EQUIPMENT; (3) RENTAL AGENT (ROCKABYE RENTALS) IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER’S WARRANTIES ON BEHALF OF ITSELF OR THE RENTER; (4) ALL ITEM(S) ARE RENTED “AS IS” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, AND THE RENTAL AGENT EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Agreement to Arbitrate

The laws of the State of Minnesota govern this Agreement. The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the National Arbitration Forum, under the Code of Procedure then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or by mail at P.O. Box 50191 , Minneapolis , MN 55405 . This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.

I HAVE READ THIS RENTAL AGREEMENT AND HAVE FULLY INFORMED MYSELF OF ITS CONTENTS BEFORE I HAVE SIGNED IT. I FREELY ACCEPT AND EXPRESSLY ASSUME ALL RISKS, DANGERS, HAZARDS THAT MAY ARISE FROM ANY ACTIVITES THAT COULD RESULT IN PERSONAL INJURY, LOSS OF LIFE AND PROPERTY DAMAGE.

Renter’s Signature: ____________________________________

Date: ___________