Boutique Baby Rentals

Quick Outline

Note: This Outline is provided for reference purposes only. The actual Terms and Agreements document will prevail in the event of any inconsistencies or conflicts.

1. Rental Agreement and Disclaimer: By renting from Baby1stRental, you acknowledge and agree to release Baby1stRental from any liability for injuries or damages resulting from the use of the rented equipment. Renter assumes full responsibility for using the equipment and acknowledges familiarity with its operation.
2. Equipment Selection and Warranty: Renter represents that the selected equipment is suitable for their purposes. Baby1stRental is not the manufacturer or supplier of the equipment and disclaims any warranties, express or implied, regarding the equipment’s condition, fitness, or design. All risks associated with the equipment are borne by the Renter.
3. Indemnification: Renter agrees to indemnify and hold Baby1stRental harmless from any claims, liabilities, or damages arising from the rental, possession, or use of the equipment.
4. Cancellation Policy: Cancellations made within 72 hours of the delivery date are eligible for a 50% refund of the original order. No refunds are given for cancellations made within 24 hours of the delivery date, nor for orders dropped off early once within this 24-hour period. All cancellations incur a $25 non-refundable deposit. Cancellations made over 72 hours ahead of the delivery date will be refunded the full amount, minus the non-refundable deposit. [Cancellation Policy Page Click Here]
5. Inspection and Return of Equipment: Renter is responsible for inspecting the equipment upon delivery, whether delivered directly to Renter or to a third-party location (e.g., hotel front desk), to confirm it is in good condition, with no missing parts, damage, or defects. Renter must report any issues to Baby1stRental within 2 hours of delivery via text, WhatsApp, or phone, or the equipment will be deemed accepted in good condition. Renter is encouraged to document the equipment’s condition with photos upon receipt to facilitate dispute resolution. Renter must return the equipment in the same condition as received, and damaged or missing parts may incur repair or replacement costs, in addition to rental charges.
6. Rental Period and Late Returns: Charges are based on the agreed-upon rental period, calculated per calendar day, not per 24-hour period. Any changes to the rental period require agreement with Baby1stRental. Failure to return the equipment at the agreed-upon date and time may result in repossession by Baby1stRental. If repossession is not possible, the Renter’s credit card may be charged 150% of the full retail value of the equipment, along with rental charges.
7. Governing Law and Jurisdiction: The Terms and Conditions are governed by the laws of the State of Texas, and any disputes shall be resolved within the federal and state courts of Texas.
8. Communication Policy: Baby1stRental communicates with customers primarily via text messaging, WhatsApp, and phone calls. Renter agrees to provide a valid cell phone number and consents to receive communications related to their rental, including but not limited to order confirmations, payment issues, delivery/pickup coordination, and rental extensions. Failure to respond to these communications may result in additional fees as outlined in the Payment Policies.
9. Miscellaneous: Various additional provisions cover notices, force majeure, severability, construction, non-assignability, counterparts, arbitration, word usage, headings, further acts, third parties, survival of representations, and the Renter’s agreement to the terms.
10. Payment and Additional Fees: Baby1stRental accepts only valid credit cards for payment. Debit cards, cash, prepaid cards, or peer-to-peer payment services (e.g., Venmo, Cash App) are not accepted. Use of prohibited payment methods will require an additional security deposit of 2/3 the full retail value of the equipment per item, which will be refunded upon return and inspection if no issues arise. A full billing address must be provided for all credit card transactions. In the event of a credit card decline due to insufficient funds or other reasons, a $25 fee will be charged per decline attempt if multiple charges are made without response from the Renter (“ghosting” refers to non-response to communications regarding payment issues, logistics, or other rental matters, and may incur additional fees up to $50 per instance for administrative handling). If a decline occurs, to continue the rental, the Renter must pay a security deposit of 2/3 the full retail value per piece of equipment, plus any extension payments due, using the same card (if it can be resolved) or another valid card on file that does not decline. All such deposits will be refunded to the card on file once the equipment is returned, inspected, and found to be in acceptable condition, typically within 3-7 business days depending on the card issuer’s policies. If a decline happens and the Renter cannot or does not pay the required amounts, the rental will be canceled, and all items must be returned before 7:00 PM on the day of cancellation to avoid additional late fees or potential legal action. In any hypothetical situation requiring daily extensions or late returns (e.g., due to unresolved payment issues or ghosting), charges will accrue at a rate of 1.5 times the original daily rental rate per item per calendar day until resolved or equipment is returned. Additional fees include: (a) a $10 fee per 30 minutes for waiting time at rental car centers, hotels, or airports after the agreed-upon delivery or pickup time; (b) a $15 fee per pickup or drop-off for orders scheduled between 8:00 PM and 6:00 AM, which may not be reflected in the initial contract but will be included in an updated contract sent to the Renter; and (c) a $15 rush order fee for orders placed within 24 hours of delivery, which may not be reflected in the initial contract but will be included in an updated contract sent to the Renter. Local pickup locations listed on platforms such as Yahoo or Google may not always be staffed, as Baby1stRental operates by appointment only; delivery charges may apply if staff must travel to meet the Renter at these locations. All fees are reasonable estimates of damages incurred by Baby1stRental and will be conspicuously disclosed (e.g., bolded or highlighted) in the signed agreement.

Full Terms & Agreements

Legal Notice

Rental Agreement and Disclaimer (hereinafter referred to as the “Agreement”): I (hereinafter referred to as “Renter”), hereby agree to disclaim, waive, and release Baby1stRental, its heirs, executors, administrators, agents, assigns, and all other persons, firms, or corporations affiliated in any way with Baby1stRental from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, and particularly on account of any and all injuries, known and unknown, to person or to property or both, which result in any way from the use of the products rented from Baby1stRental by Renter (the products rented from Baby1stRental by Renter are hereinafter collectively referred to as the “Equipment”), except for claims arising from the gross negligence or willful misconduct of Baby1stRental. Without limiting the generality of the foregoing, Baby1stRental will not be held liable for any injury to Renter or any other adults, or any damage to property by the use of the Equipment, nor for derivative claims (e.g., loss of consortium) related to injuries to Renter’s children, as Texas law prohibits waiving direct claims for minors. RENTER IS RENTING THE EQUIPMENT AT RENTER’S OWN RISK. Renter also acknowledges that Renter is familiar with, and knows how to operate, the Equipment and is taking full responsibility for using the Equipment.

Renter represents and warrants that (i) each item of rented property is of a type, design, quality, and manufacture selected by Renter, acceptable to Renter, and suitable for Renter’s purposes, (ii) Renter acknowledges that Baby1stRental is not the manufacturer or supplier of the Equipment or the representative of either, that Baby1stRental is not required to enforce any manufacturer’s warranties on behalf of Baby1stRental or Renter, and (iii) that Baby1stRental rents the Equipment to Renter “as is,” without warranty or representation either express or implied, and Baby1stRental expressly disclaims any warranty, express or implied, as to (a) the title, condition, fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof, (b) the absence of latent or other defects, whether or not discernable, (c) the absence of infringement of any patent, trademark, or copyright, or (d) any other matter whatsoever, it being agreed that all such risks, as between Baby1stRental and the Renter, are to be borne by the Renter.

Renter further agrees to indemnify and hold harmless Baby1stRental from and against any and all claims, liabilities, including negligence, gross negligence, tort, and strict liabilities, demands, actions, suits and proceedings, losses, costs, penalties, and damages, including without limitations, reasonable attorneys’ fees and costs (collectively, “Claims”), arising out of, connected with, or resulting from the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, handling, transportation, or return of the Equipment, including claims by third parties, except for claims arising from the willful misconduct of Baby1stRental.

Limitation of Liability: In no event shall Baby1stRental’s aggregate liability arising out of or related to this Agreement exceed the total amount of rental fees paid by Renter. Baby1stRental shall not be liable for any indirect, incidental, or consequential damages arising from the use of the rented Equipment.

Additional General Provisions

Governing Law and Jurisdiction: This Agreement is made and shall be governed and construed in all respects, including validity, interpretation, and effect, by the laws of the State of Texas. The federal and state courts within the State of Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Renter hereby expressly consents to (i) the personal jurisdiction of the federal and state courts within Texas, and (ii) service of process being made upon them by registered mail sent to the address set forth at the beginning of this Agreement.

Entire Agreement; Amendment; No Waiver: This Agreement and the exhibits attached hereto set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. Each party hereto acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting with authority on behalf of any party, which are not embodied herein or in an exhibit hereto, and that no other agreement, statement, or promise may be relied upon or shall be valid or binding. This Agreement may only be modified in writing, signed by both parties. No oral modifications or amendments shall be effective. No amendment, waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the affected party. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

Notices: All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, and properly addressed to the addresses set forth above. Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.

Force Majeure: Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, pandemics, epidemics, public health emergencies, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party. Upon giving prompt notice of force majeure to the other party, the party so affected shall be released without any liability being attached to the canceling party or the other if the circumstances of force majeure continue for more than six (6) months.

Severability: If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

Construction: Each party and their attorneys have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

Non-Assignability and Binding Effect: The rights and obligations of Renter under this Agreement may not be assigned or delegated, directly or indirectly, either in whole or in part without Baby1stRental’s prior consent in writing. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their heirs, personal representatives, agents, officers, directors, shareholders, partners, servants, employees, successors, and assigns, but shall not confer, expressly or by implication, any rights or remedies upon any other party.

Counterparts; Facsimile Signature: This Agreement may be executed in multiple counterparts, which taken together shall constitute one instrument and each of which shall be considered an original for all purposes. For purposes of executing this Agreement, a document signed and transmitted electronically, by email, by internet, by facsimile machine, or telecopier is to be treated as an original document.

Arbitration: In the event of any dispute between the parties hereto arising out of this Agreement wherein such dispute remains unresolved for thirty (30) days, the dispute shall be submitted to arbitration, in which each party selects one arbitrator and those two select a third arbitrator. The decision of the majority of the arbitrators shall be final and binding upon the parties hereto. Each party shall pay one half of the costs of arbitration. The arbitrators shall meet in the city of Austin, in the State of Texas, unless it is mutually agreed by the parties to meet elsewhere. The prevailing party in any arbitration or legal action shall be entitled to recover reasonable attorney’s fees and court costs from the other party.

Word Usage: Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.

Headings: The paragraph and subparagraph headings used in this Agreement are intended for convenience only and shall not be used in the construction or interpretation of this Agreement or any of its provisions or in determining any of the rights or obligations of the parties to this Agreement.

Further Acts: Each of the parties hereto shall execute and deliver such other and further documents and instruments, and take such other and further actions, as may be reasonably requested of them for the implementation and consummation of this Agreement and the transactions herein contemplated.

Third Parties: Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over against any party to this Agreement.

Survival of Representations: All representations and warranties of the parties contained in this Agreement shall survive the execution of this Agreement. Provisions of this Agreement related to indemnification, limitation of liability, and payment of fees shall survive the termination of this Agreement.

Compliance with Texas Law: This Agreement is intended to comply with all applicable Texas laws, including the Texas Deceptive Trade Practices-Consumer Protection Act (Texas Business & Commerce Code §17.41 et seq.). Baby1stRental prohibits any unconscionable actions or practices that take advantage of the Renter’s lack of knowledge, ability, experience, or capacity to a grossly unfair degree.

Use of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Baby1stRental and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Baby1stRental believes that customer conduct violates applicable law or is harmful to the interests of Baby1stRental and its subsidiaries.

Privacy Policy

Baby1stRental’s use of personal information that you may submit to Baby1stRental through this website is governed by the Baby1stRental Privacy Policy. Baby1stRental shall not be liable for any data breaches or unauthorized access to personal information unless caused by gross negligence or willful misconduct.

Cancellations

10.1 Standard Cancellation Policy (Non-Holiday Periods)

• Cancellations more than 72 hours before scheduled delivery: Full refund minus the $25 non-refundable deposit. Example: If your delivery is scheduled for Friday at 10 AM, a cancellation before Tuesday at 10 AM qualifies for a full refund minus $25.
• Cancellations 72–24 hours before delivery: 50% refund minus the $25 non-refundable deposit. Example: If your delivery is scheduled for Friday at 10 AM, a cancellation between Tuesday at 10 AM and Thursday at 10 AM qualifies for a 50% refund minus $25.
• Cancellations made within 24 hours of delivery: No refund (deposit and rental charges are non-refundable). Example: If your delivery is scheduled for Friday at 10 AM, a cancellation after Thursday at 10 AM results in no refund.

10.2 Peak Holiday Cancellation Policy During the following high-demand holiday periods, all rentals are considered final sale due to limited inventory and advance preparation:

• Thanksgiving Week: Deliveries scheduled November 18–30
• Christmas & New Year’s Period: Deliveries scheduled December 18–January 5

For rentals during these dates:

• All payments (including the $25 deposit and full rental amount) are 100% non-refundable once the order is placed.
• Early returns or schedule changes do not qualify for any refund or credit.
• We are happy to work with you on shortening or adjusting dates when possible, but no monetary refund will be issued.

This policy is clearly displayed on our website, checkout pages, and in every contract during these periods so families can plan with confidence.

Miscellaneous

Renter agrees to pay a $10 fee for any car seat installation manuals that are not returned to Baby1stRental at the end of the rental period.

Renter will examine the Equipment upon delivery, whether delivered directly to Renter or to a third-party location (e.g., hotel front desk), to confirm it is in good condition, with no missing parts, damage, or defects, including but not limited to car seats, strollers, high chairs, and other baby equipment. Renter must report any issues to Baby1stRental within 2 hours of delivery via text, WhatsApp, or phone, or the Equipment will be deemed accepted in good condition. Renter is encouraged to document the Equipment’s condition with photos upon receipt to facilitate dispute resolution. Renter must return the Equipment in the same condition as received. Normal wear and tear, which excludes stains, tears, or damage requiring professional cleaning or repair, will not incur additional charges. If returned damaged, in disrepair, or with missing parts, Renter is obligated to pay the cost of repair in addition to charges incurred for the rental period. If an item is irreparable, Renter is obligated at full retail replacement value. If the Equipment is returned in a condition requiring cleaning beyond normal wear and tear, as determined by Baby1stRental, a cleaning fee of $50 per piece of equipment will be charged to the Renter’s credit card on file.

Charges will be determined based on the length of time the Equipment is in possession of Renter based on contract dates listed above, calculated per calendar day, not per 24-hour period. For deliveries to third-party locations (e.g., hotel front desks), Baby1stRental will notify Renter via text message upon delivery, and Renter remains responsible for inspecting the Equipment on the day of delivery and reporting any issues within 2 hours. For pickups, Renter must ensure the Equipment is available at the agreed-upon location and time for inspection by Baby1stRental. If Renter fails to return the Equipment or make it available at the agreed-upon date, time, and location, Baby1stRental may repossess the Equipment without notice from the Renter, and Renter releases Baby1stRental from any claims arising from such repossession. If repossession is not possible, Baby1stRental reserves the right to charge Renter’s credit card for 150% of the full retail value of the Equipment in addition to charges incurred for the rental period.

No owner, officer, director, employee, or agent of Baby1stRental shall have any personal liability under this Agreement or in connection with the rental.

Payment Policies

Baby1stRental accepts only valid credit cards issued by major financial institutions for all payments and transactions. Debit cards, cash, prepaid cards, or peer-to-peer payment services such as Venmo, Cash App, PayPal (in peer-to-peer mode), or similar are strictly not accepted. Any attempt to use these prohibited payment methods will result in the requirement of an additional security deposit equal to 2/3 of the full retail value of the Equipment per item rented. This deposit serves as security against potential risks associated with unverified or high-risk payment methods and will be charged to a valid credit card provided by the Renter. Such deposits will be fully refunded to the card on file upon successful return of the Equipment in acceptable condition after inspection, typically within 3-7 business days as determined by the card issuer’s policies.

A complete and accurate billing address must be provided in full for every credit card transaction to verify identity and prevent fraud. Failure to provide this information may result in order cancellation without refund of any deposits.

In the event of a credit card decline (e.g., due to insufficient funds, expiration, or other issues), Baby1stRental will attempt to contact the Renter via the provided contact information, including text messaging, WhatsApp, or phone calls. If multiple charge attempts are made without response from the Renter (defined as “ghosting,” which includes ignoring calls, texts, emails, or other communications regarding payment, pickup/drop-off logistics, or rental extensions), a fee of $25 will be assessed per decline attempt to cover administrative costs. Ghosting may also incur additional fees up to $50 per instance for wasted resources, such as staff time or reserved inventory, depending on the severity and impact on operations. These fees are reasonable estimates of damages incurred by Baby1stRental.

If a credit card is declined for insufficient funds or similar reasons during an active rental or extension request, to continue using the Equipment, the Renter must immediately pay a security deposit of 2/3 the full retail value per piece of Equipment rented, plus any outstanding extension payments or fees. This can be done using the original card (if the issue is resolved) or another valid credit card on file that processes successfully without decline. These deposits act as temporary holds to ensure compliance and will be refunded in full to the card on file once the Equipment is returned, inspected for damage or cleaning needs, and deemed acceptable, within the standard 3-7 business days per banking policies.

In any hypothetical situation where daily charges apply (e.g., due to late returns, unresolved declines, ghosting on extensions, or unauthorized holds beyond the agreed period), fees will accrue at a rate of 1.5 times the original quoted daily rental rate per item per calendar day. This rate ensures coverage for extended use, administrative handling, and potential lost revenue from unavailable inventory.

If a decline occurs and the Renter cannot or does not pay the required deposits, fees, or extensions within a reasonable timeframe (as determined by Baby1stRental, typically within 4 hours of notification), the rental agreement will be immediately canceled. All Equipment must then be returned in person or made available at the agreed-upon pickup location before 7:00 PM local time on the day of cancellation to avoid further charges. Failure to return by this deadline may result in additional late fees at the aforementioned daily rate, repossession efforts (with associated costs billed to the Renter), or legal action, including but not limited to small claims court filings, reporting to credit bureaus, or pursuit of theft charges if Equipment is not recoverable.

Additional fees include: (a) a $10 fee per 30 minutes for waiting time at rental car centers, hotels, or airports after the agreed-upon delivery or pickup time; (b) a $15 fee per pickup or drop-off for orders scheduled between 8:00 PM and 6:00 AM, which may not be reflected in the initial contract but will be included in an updated contract sent to the Renter; and (c) a $15 rush order fee for orders placed within 24 hours of delivery, which may not be reflected in the initial contract but will be included in an updated contract sent to the Renter. Local pickup locations listed on platforms such as Yahoo or Google may not always be staffed, as Baby1stRental operates by appointment only; delivery charges may apply if staff must travel to meet the Renter at these locations. All fees are reasonable estimates of damages incurred by Baby1stRental and will be conspicuously disclosed (e.g., bolded or highlighted) in the signed agreement to ensure compliance with the Texas Deceptive Trade Practices-Consumer Protection Act.

Baby1stRental reserves the right to update these Payment Policies with notice to ensure fair and secure transactions.

Renter Declaration

Renter hereby declares that the terms of this Rental Agreement and Waiver have been completely read and are fully understood and voluntarily accepted. Renter acknowledges that the purpose of this Rental Agreement and Disclaimer is to induce Baby1stRental to rent the Equipment to Renter. Renter acknowledges that Renter is precluded forever from any claims against Baby1stRental arising out of the rental, except as limited by Texas law.

Renter is responsible for reading and understanding Texas Child Restraint Laws. Renter acknowledges that Baby1stRental does not install car seat(s) in any kind under any circumstance. Renter is fully responsible for the proper installation and proper use of car seat(s) rented from Baby1stRental.