Babies-n-town.com Rental Terms and Conditions Babies-n-town.com, located in Santa Rosa Beach, the heart of South Walton County, Florida,  is fully insured and bonded for customer satisfaction and reassurance. We recommend reserving your equipment at least one to two weeks in advance. Orders placed within 24 hours of the delivery date can be made on-line or over the telephone (1-800-294-6388 or 850-267-2346). Customers placing an order on-line will be contacted within 24 hours to confirm their reservation and verify the total costs including possible delivery charges. Average delivery charges are $15. Delivery charges are waived for orders over $55. All orders include a $10 fuel/handling charge.NO REFUNDS AFTER DELIVERY IS MADE. If you need to exchange equipment for anything other than malfunction, new rental charge will be applied as well as delivery and fuel charges.   Deliveries and pick-ups are done between 8 am and 5 pm, 7 days a week. It is important that the host, hotel or private residence, be advised that Babies-n-town.com will be contacting them in regards to the delivery time of the equipment. Office hours are 10 a.m. to 4 p.m. weekdays and vary on weekends.    If no one is available to receive the equipment once a drop-off time is established with the host, we will leave the equipment in a secure location or if necessary another attempt to reschedule and an additional delivery fee will apply. If the order is forfeited at this point a charge of half the rental order will apply. An additional delivery fee may apply if company is unable to pick up equipment at time of delivery or pickup. If an agent needs to return to a location for any reason that is not the fault of Babies-n-town.com, an additional fee may be applied to the order.

The renter is responsible for loss or theft of rental equipment and agrees to pay Babies-n-town.com for any replacements needed. Please use locks provided with bikes to deter theft. Products must be returned with all accessories and parts intact and in proper working order. Any excess damage to rental equipment aside from normal wear will be repaired or replaced (depending on the condition) at the expense of the renter. Renter agrees to pay the fee for bicycle replacement if the rented bike(s) are stolen, or misplaced. Fees typically run around $300. 

PLEASE READ THE RENTAL AGREEMENT BELOW AND ACCEPT TERMS OF THE RENTAL CONTRACT BEFORE MAKING ORDER.

Babies-n-town

www.babies-n-town.com

This is a contract of rental between Babies-n-town, LLC, dba SowalBikes, and this renter. The undersigned renter does agree that he/she has rented from the rental company, upon the expressed condition that it will at all times remain the property of the rental company named above, and that he/she will examine said items upon arrival and the undersigned renter will immediately notify the rental agency named above if he/she should not find said items to be in good and working condition, furthermore that said items shall be returned in the same condition as when he/she received them. If at any time said item/items fail to function properly please notify company of said item/items to be immediately returned to the rental agency named above. And in the event the event renter fails to bring back said items at agreed upon time or the Renter fails to abide by any of the terms of this contract the rental agency named above has the right to repossess said item/items without any notice or permission of the Renter. Therefore releasing the rental agency from all claims there from. The rental agency named above is not responsible for accidents or injuries that result directly or indirectly in the use of said items.

The renter does also agree to allow all applicable charges due to damage, loss or theft will be charged to the credit card number on file.

Please read below carefully as you are agreeing to these terms.

I, (“Renter”), in consideration of the services of Company (Babies-n-town, LLC, dba SowalBikes), their agents, owners, employees, and all other persons or entities acting in any capacity on their behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I understand and acknowledge that bicycling is a hazardous activity and entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated by Company without jeopardizing the essential qualities of this activity.

The risks include among other things: falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).

2. I agree and knowingly, intelligently and voluntarily agree to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3. Renter hereby agrees to defend, protect, indemnify and hold harmless Company from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney's fees, arising out of, in any way connected with, or resulting from my participation in this activity or my use of the leased equipment, including without limitation the possession, use, operation, or return of the equipment, including any such claims which allege negligent acts or omissions on the part of Company.

4. Should Company or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I understand and agree that any insurance coverage I maintain, whether liability, casualty, personal or health, shall constitute the primary coverage in the event of any loss, injury, death or damage to person or property while using or operating Company equipment. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.

RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVES THE RIGHT RENTER, OR ITS AGENTS, MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.

RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE RENTAL PROPERTY; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO RENTER’S OPERATION OR POSSESSION OF THE RENTAL PROPERTY; AND (C) ANY NEGLIGENCE OF Company, ITS AGENTS, EMPLOYEES, OFFICERS, PARTNERS, PARENT COMPANY, SUCCESSORS AND/OR ASSIGNS.

I, the undersigned Renter, by my signature below, hereby represent, warrant, and affirm that: (a) I am mentally competent to enter into this Agreement; (b) I have carefully read this Agreement and fully understand all terms, conditions, and provisions herein; (c) I understand that I am legally bound by this Agreement; and (d) I am assuming all liability for possession and operation of the rental property and I assume all such risk and liability voluntarily, intelligently, and knowingly.

RENTER’S PARTICIPATION AND RENTAL TERMS REGARDING BICYCLE AND/OR EQUIPMENT

1. I, (“Renter”) by my signature below, agree to be bound by all the following provisions relating to the use of Company equipment (“Bicycle”).

2. Authorized Drivers/Prohibition on Passengers

A. No other person may drive or otherwise operate Bicycle except the Renter.

B. Renter is prohibited from carrying any passengers on the Bicycle at any time. Renter may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars at any time.

C. Renter is prohibited from pulling or towing any passenger or object with the Bicycle at any time.

3. Bicycle Return Renter agrees to return the Bicycle to Company in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Company at time of rental. Renter agrees to return the Bicycle sooner if so demanded by Company. Renter understands that there may be rate or special charges if Renter returns the Bicycle at a different time, date, or location than indicated in this Agreement.

4. Repossessing the Bicycle

Company may repossess the Bicycle at anytime if: (I) the Bicycle is used in violation of law; (2) it appears the Bicycle is abandoned, (3) the Bicycle is used in violation of any term or condition in this Agreement, (4) Renter made a misrepresentation Company, or (5) Renter fails to return the Bicycle when due. Company is not required to notify Renter in advance of repossession.

5. Prohibited Use of the Bicycle.

Use of the Bicycle is restricted to the Florida Hwy 30-A area. This area is bounded by Florida Hwy 98 on the east, west and north and by the Gulf of Mexico to the south. Renter will not operate Bicycle except within this bounded area and will not remove Bicycle from this area. Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race or contest, or to be driven on any unpaved roads, in dirt, through water, or off a designated bicycle trail, or in public parks if specifically prohibited, or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Bicycle to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Company for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.

6. Damage to Bicycle

Renter shall pay Company for all losses and/or damage to the Bicycle, regardless of fault (e.g. Renter agrees to pay for the loss even though someone else caused the damage or is at fault). Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible. If the Bicycle is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the Bicycle is damaged beyond reasonable repair (as determined by Company), Renter shall be responsible for the retail fair market value less any salvage value if applicable. In addition to the above, Renter shall also be responsible for the reasonable down time ("Loss of Use"), reasonable administrative fee as determined by Company or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (I) abuses the Bicycle or violates any prohibited use or operation as specified in this Agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Company; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or misrepresentation; or (7) uses the Bicycle for an illegal purpose. Renter authorizes Company to collect from a responsible third party any applicable loss and/or damage. In the event Company obtains a recovery from a third party after Renter has paid Company for all or part of any loss, Company will refund to Renter any excess above the amount of the loss plus administrative fees and other incurred collection and costs and attorneys' fees.

7. Accidents

I understand and agree that any applicable insurance coverage I maintain, whether liability, personal or health, shall be deemed the primary coverage in the event of any loss, injury, death or damage to person or property while I use or operate Company equipment.

A. Third Party Claims. Company is not responsible if Renter causes injury to another person or if Renter damages another Bicycle, vehicle or personal property of another. Renter agrees to protect, defend, indemnify, hold harmless Company and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter's use of the Bicycle and for any liability associated with any personal accident/injury as a result of Renter's use of the Bicycle.

B. Renter Assumes Risk of Injury. Renter knowingly, intelligently and voluntarily assumes all risks, including but not limited to death or serious bodily injury, which may result front he operation of the Bicycle. Renter acknowledges all the risks of operating a Bicycle on streets, roads, bike paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffer sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, and hazards relating to weather conditions. Despite knowing all associated risks, Renter freely assumes all risks of personal injury and/or damage in the operation of this Bicycle and Renter agrees to hold Company harmless from all claims of injury or damage.

8. Payment

Renter agrees to pay upon demand:

A. All rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Bicycle rental.

B. Charges for loss and/or damage to the Bicycle in accordance with paragraph 6. Renter understands that all charges are not final and are subject to audit. Renter specifically agrees and authorizes Company to make any charges by the method of payment used by Renter at time of reservation and/or rental, including Renter’s credit card if that form of payment is utilized.

9. Credit Reserve and Payment

Renter understands that Renter must provide credit card as form of deposit in case of damage, loss or theft. Renter authorizes Company to place any amount(s) due from Renter as a result of the Bicycle rental on to Renter's credit card, if that form of payment is utilized.

10. General Provisions

A. Renter represents that the information contained in this Rental Agreement is true, accurate, and complete. In the event that any information is not true, accurate or complete in any respect, Renter agrees that Company has the right to terminate this Agreement with or without notice.

B. Renter agrees that Renter will be responsible for any unauthorized repairs or modifications to the Bicycle. Renter understands that Company will not reimburse Renters for any authorized repairs without receipt(s).

C. Renter understands that in no event shall Renter be deemed to be an agent, servant, or employee of Company in any manner for any purpose whatsoever. Renter agrees that Company does not waive any rights under this agreement except in writing signed by Company officer.