Terms and Conditions

Standard Version v 4.0.1

Date last modified: September 16, 2024

Please read these BABYSTUFFINBOISE.COM Customer Terms of Use (these “Terms”) carefully. They govern your access to and use of the BABYSTUFFINBOISE.COM website and mobile device applications (collectively, the “Platform”) and the services offered via the Platform. These Terms also contain important information about your legal rights, remedies, and obligations. By accessing or using the Platform, you agree to comply with and be bound by these Terms.

Please note: Section 12.2 of these Terms (the “Dispute Resolution Agreement”) contains an arbitration clause, jury trial waiver, and class action waiver that applies to all users of the Platform. This provision applies to all disputes with Elk In Idaho Enterprises LLC dba, Host Boise, “Vacation Rental Services” and BabyStuffInBoise.com and affects how disputes with BabyStuffInBoise.com are resolved. By accessing the Platform, you agree to be bound by the Dispute Resolution Agreement.

*Liability Waiver Included. This agreement waives important substantial legal rights. Read it carefully before signing or placing an order with BabyStuffInBoise.com. Your signature or order placed indicates that you fully understand and agree to its terms freely and voluntarily without inducement. 

Our collection and use of personal information in connection with your access to and use of the Platform or the services offered via the Platform is described in our privacy policy [https://babystuffinboise.com/privacy-policy].

We may change these Terms from time to time to reflect changes in the way we do business or changes in the law. If you continue to use the Platform after changes to these Terms go into effect, you will be deemed to have agreed to those changes (other than changes to the Dispute Resolution Agreement, which are addressed in the Dispute Resolution Agreement).

1. Use of the Platform

BabyStuffInBoise.com provides an online marketplace that offers baby, family and party equipment rental services, equipment cleaning services, and supply delivery services (“Services,”) and to communicate and transact directly with users who are seeking to book such Services (“Users”).

The Platform includes content provided by BabyStuffInBoise.com that is proprietary to us or that is licensed or authorized for use by us (the “BabyStuffInBoise.com Content”) as well as content provided by Independent Product Suppliers, including text, photos, videos, and other materials (the “Independent Content”).

You must be at least 18 years old to access and use the Platform. You must register an account (“BabyStuffInBoise Account”) to access and use certain features of the Platform, such as seeing a history of your past orders. You are responsible for maintaining the confidentiality and security of your BabyStuffInBoise Account credentials. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or in case of any actual or suspected unauthorized use of your BabyStuffInBoise Account. You are liable for any and all activities conducted through your BabyStuffInBoise Account.

If you "sign in with Facebook" or otherwise allow us to access or use any profile or other information about you that you have provided to Facebook or another third-party website, you acknowledge and agree that the information or content that is a part of your social media site profile, which you have designated as "public" (or a similar designation), may be accessed and used by us in connection with the Platform.

2. Providing Services

As the provider of the Platform, we provide, control, manage, offer, deliver, or supply all Services. When you request Services, you and BabyStuffInBoise.com are entering into a contract directly with each other.

The Platform may also contain links to websites or resources offered by third parties ("Third-Party Resources"). Third-Party Resources may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of any Third-Party Resources, or the content, products, or services available from any Third-Party Resources. Links to Third-Party Resources are not an endorsement by us of those Third-Party Resources.

3. Terms and Conditions for the Services

3.1 Requesting Services.

BabyStuffInBoise.com provides Services in a specific geographic location. You can request Services via the Platform by selecting the desired location and adding the desired Services to your cart.

3.2 Paying for Services and Tipping.

All fees and taxes applicable to the requested Services will be included in the price set forth on the Platform (collectively, the “Fees”). Certain Services are subject to a minimum charge. You agree to pay the Fee for any Services requested. We will charge the Fee at the time the Services are requested to the payment method you provide at checkout.  After you have received Services, if you would like, you may tip your delivery staff via the Platform or in cash.

3.3 Service Requests that Cannot be Fulfilled.

If BabyStuffInBoise.com is for any reason unable to provide the requested Services, you will be notified and provided with a full refund.

3.4 Delivery/Pick Up and Service Locations.

BabyStuffInBoise.com will work directly with you to establish delivery/pick up or service location and times (via platform, telephone, text, or email). You are responsible for providing complete and accurate information regarding the delivery/pick up or service address and contact.

3.5 Additional Services Requests.

If, before or after delivery of initially requested Services, you would like to receive additional Services, you may request those Services via the Platform or directly with BabyStuffInBoise.com staff. All additional Services will be provided at the rates set forth on the Platform, or in the case of special requests, at the rates agreed upon between you and BabyStuffInBoise.com. We will charge the additional Fee at the time the additional Services are requested to the payment method you provided for the initially requested Services.

3.6 Dissatisfaction with Services.

If you have a problem or are dissatisfied with any Services provided, you must notify the BabyStuffInBoise.com within 24 hours of receipt of the Services (or you waive the right to any refund). BabyStuffInBoise.com will use best efforts to replace the item/reperform the Services as soon as possible. Rental equipment photos may or may not represent the actual equipment available for rent. If you require the specific item of equipment shown in the photo, you must communicate that to BabyStuffInBoise.com under Special Requests.

3.7 Convenience Fees.

If you require delivery/pick up of equipment or provision of cleaning services outside the business hours provided by the BabyStuffInBoise.com or on a holiday, you may be charged a convenience fee. If BabyStuffInBoise.com is unable to provide the requested service or required to return to a delivery or service location for any reason that is not due to an error on the part of BabyStuffInBoise.com (for example, no one is available at the prearranged time, Customer Equipment to be cleaned has been recalled or is expired, you request additional or replacement rental equipment), you will be charged a convenience fee.

3.8 Cancellation of Services.

(a) Equipment Rental Services. Once a reservation for equipment rental services is made, the service fee is non-refundable (the service fee will appear as a separate line item at checkout). If you cancel all or any portion of requested equipment rental services, you will receive a refund of all other fees and charges as follows:

*Peak dates are the week of Thanksgiving, the week before Christmas, the week of Christmas, and the week after Christmas.

(b) Cleaning Services. Once a reservation for cleaning services is made, the service fee is non-refundable. If you cancel all or any portion of requested cleaning services at least 24 hours before the pick-up/on-site service time, you will receive a refund of 100% of all other fees and charges, subject to a cancellation fee.

(c) Supply Delivery Services. Supply delivery services are non-cancellable, unless the supplies are to be delivered along with rental equipment, in which case, the rental equipment services cancellation policy will apply to the supply delivery services.

3.9 Terms that Apply Only to Equipment Rental Services.

(a) Extension of Rental Period. If you would like to extend your rental period, you may do so via the Platform or by contacting BabyStuffInBoise.com, subject to availability. We will charge you for the additional rental period at the same rates we charged for the original rental period at the time the extension is requested. Extensions requested less than 24 hours prior to the originally scheduled pick up time may be subject to an extension fee.

(b) Condition of Equipment on Return. You are responsible for any loss, theft, or destruction of any rental equipment for any cause during the rental period. Equipment must be returned in the condition it was received. You may not allow food or beverage in any equipment other than high chairs or booster chairs and you may not allow smoking near the equipment. If any equipment is not reasonably clean on return, you may be charged a per-item cleaning fee. If any equipment is returned (i) with evidence of vomit or excrement or (ii) smelling of smoke, you may be charged an additional per-item detail cleaning fee. If any equipment is damaged (i.e., repair is reasonably feasible), you will be charged a reasonable amount for repair. If any equipment is lost, stolen, or otherwise not returned, or the equipment is destroyed (i.e., repair is not reasonably feasible), you will be charged the fair market value of the equipment plus any shipping costs incurred by BabyStuffInBoise.com in connection with replacement of the equipment. If you are required to pay any fees for cleaning, repair, or replacement of equipment, BabyStuffInBoise.com will notify you and we will charge the credit card associated with your BabyStuffInBoise.com Account.

(c) Compliance with Equipment Manufacturer Documentation and Applicable Law. You agree to comply with all (i) manufacturer user manuals or other written instructions for use provided or available to you and (ii) all laws, rules, and regulations relating to your use of any rental equipment, including without limitation, Child Passenger Safety Laws. BabyStuffInBoise.com staff will not install any car seat for you. All car seats will be provided with manufacturer user manuals and, upon request, the BabyStuffInBoise.com will provide you with a list of certified agencies in the area that can assist you. If an BabyStuffInBoise.com-provided car seat is in a vehicle involved in any accident, whether or not the child is in the car seat at the time, per the car seat manufacturer and the recommendations of the National Highway Traffic Safety Administration, the BabyStuffInBoise.com may need to replace the car seat. If a car seat provided to you by BabyStuffInBoise.com is in a vehicle involved in any accident while in your possession, you agree to (A) notify BabyStuffInBoise.com of the accident, (B) supply BabyStuffInBoise.com with the accident report, if any, and (C) pay the BabyStuffInBoise.com the fair market value to replace the equipment, if necessary. Most insurance companies will replace car seats involved in an accident.

(d) Request for Services on Behalf of a Guest. If you are a hotel or other provider of accommodations and you are requesting equipment rental services on behalf of a guest, you are required to provide us with the guest’s email address so that we can ensure that the guest is made aware of and agrees to these Terms.

3.10 Terms that Apply Only to Supply Delivery Services.

(a) Product Availability. BabyStuffInBoise.com determines what types of products to make available for delivery via the Platform. Not all products are available in all areas. BabyStuffInBoise.com does not guarantee that any ordered product will ultimately be available to purchase and deliver. If you request delivery of a product that is not available, BabyStuffInBoise.com will make reasonable efforts to contact you regarding a replacement. If BabyStuffInBoise.com is not able to purchase a requested product or replacement, you will not be charged for that product and the fees associated with your delivery will be adjusted accordingly.

(b) Third-Party Products. BabyStuffInBoise.com does not assume responsibility for any products delivered via the Platform. If you request delivery of any products by BabyStuffInBoise.com, through the Platform or otherwise, you agree that you do so at your own risk and that BabyStuffInBoise.com will not have any liability based on your purchase, use, or access to such products.

3.11 Terms that Apply Only to Cleaning Services.

(a) Recalled or Expired Equipment. BabyStuffInBoise.com will not provide cleaning services for equipment that is not in good working order, that has been recalled by the manufacturer, or, in the case of a car seat, that has expired. You represent and warrant that any equipment you provide to BabyStuffInBoise.com for cleaning has not been recalled by the manufacturer and is not expired.

(b) Removal of Flame Retardant Chemicals. While BabyStuffInBoise.com will follow manufacturer recommendations for cleaning your equipment, any cleaning of equipment may result in the removal of the equipment’s flame retardant chemicals. You understand and acknowledge this risk. You hold BabyStuffInBoise.com harmless from any loss or liability that may result from removal of flame retardant chemicals in connection with cleaning of your equipment.

(c) Assembly and Reinstallation of Car Seats. To effectively clean your equipment, it may be necessary or convenient for BabyStuffInBoise.com to dis-assemble the equipment and, in the case of car seats, to remove the equipment from your car. You understand and acknowledge that it is your responsibility to verify correct re-assembly of any equipment that has been cleaned and to reinstall (or verify correct reinstallation) of any car seat that has been cleaned. You hold BabyStuffInBoise.com harmless from any loss or liability that may result from improper reassembly or installation of equipment after cleaning.

(d) Dissatisfaction with Cleaning Service. If you are dissatisfied with the quality of any cleaning services, you should notify BabyStuffInBoise.com upon completion of the services. In any event, you must notify BabyStuffInBoise.com within 48 hours after completion of the services. If you notify BabyStuffInBoise.com within that time period, BabyStuffInBoise.com will promptly re-perform the cleaning services to your satisfaction. If you do not notify BabyStuffInBoise.com within that time period, you waive your right to reperformance of the services.

(e) Damage to Your Equipment. BabyStuffInBoise.com is not responsible for any damage to your equipment as a result of cleaning services. If there is damage to any of your equipment, you should notify your BabyStuffInBoise.com upon completion of the services. In any event, you must notify BabyStuffInBoise.com within 48 hours of completion of the services, or you waive your right to compensation. If the damage is minor, BabyStuffInBoise.com will provide you with appropriate compensation (i.e., a reasonable amount for repair or replacement of any broken parts, or if repair/parts replacement is not feasible, a reasonable amount for reduction in resale value). If the damage is material (i.e., the equipment is made unsafe or unusable), BabyStuffInBoise.com will reimburse you for the cost of an equivalent replacement item (i.e., the current model of the same item) plus shipping costs, if any.

4. Ratings and Reviews

Users can submit a star rating or leave a public review on the Platform about their experiences with BabyStuffInBoise.com. If you submit a rating or leave a review, it must be accurate and may not contain any offensive or defamatory language. Ratings and reviews reflect the opinions of individual Users and do not reflect the opinion of BabyStuffInBoise.com. Ratings and reviews are not verified by us for accuracy and may be incorrect or misleading.

5. Ownership of the Platform and the Content

The Platform and the BabyStuffInBoise.com Content, including all associated intellectual property rights, are the exclusive property of BabyStuffInBoise.com and its licensors. All trademarks, service marks, logos, trade names, and any other source identifiers of BabyStuffInBoise.com used on or in connection with the Platform and the BabyStuffInBoise.com Content are trademarks or registered trademarks of BabyStuffInBoise.com in the United States and abroad.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform and view any Content made available on or through the Platform solely for your personal use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BabyStuffInBoise.com or its licensors or any Independent Product Suppliers, except for the license and rights expressly granted in these Terms.

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. We may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. We may improve, enhance and modify the Platform and introduce new features or functionality from time to time.

6. Prohibited Activity

In connection with your use of the Platform, you will not and will not assist or enable others to:

• use the Platform or the BabyStuffInBoise.com Content or Independent Product Supplier Content (collectively, the "Content") for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or the Content;
• copy, store or otherwise access or use any information, including personally identifiable information about any BabyStuffInBoise.com staff or other User, contained on the Platform in any way that is inconsistent with our privacy policy or these Terms or that otherwise violates the privacy rights of BabyStuffInBoise.com, it's staff or other Users;
• use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
• contact BabyStuffInBoise.com for any purpose other than asking a question related to your own request for Services, including, but not limited to, recruiting or otherwise soliciting BabyStuffInBoise.com to join third-party services, applications, or websites;
• use the Platform to request services independent of the Platform, to circumvent any service fees or for any other reason;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• use, display, mirror or frame the Platform or the Content, or (a) any individual element within the Platform, (b) BabyStuffInBoise.com’s name, trademark, logo, or other proprietary information, or (c) the layout and design of any page or form contained on a page in the Platform;
• dilute, tarnish or otherwise harm the BabyStuffInBoise.com brand in any way, including through unauthorized use of the Content, registering or using BabyStuffInBoise.com or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BabyStuffInBoise.com domains, trademarks, taglines, promotional campaigns or Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us to protect the Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
• export, re-export, import, or transfer any BabyStuffInBoise.com application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that we have no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any Content, Third Party Resources, or any ratings or reviews, but have the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental agency; (iv) respond to any Content, Third Party Resource, or review that we determine is harmful or objectionable; or (v) as otherwise set forth in these Terms.

7. Termination or Suspension of Access to the Platform

We may immediately, without notice, terminate or suspend your BabyStuffInBoise Account and your access to the Platform if (a) you have materially breached your obligations under these Terms, (b) you have violated applicable laws, regulations or third-party rights, or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of BabyStuffInBoise.com or third parties. If your access to your BabyStuffInBoise Account and your access to the Platform has been terminated or suspended, you may not register a new BabyStuffInBoise Account or access and use the Platform through a BabyStuffInBoise Account of another User.

8. Disclaimers

If you choose to use the Platform or the Content, you do so voluntarily and at your sole risk. The Platform and the Content are provided “as is”, without warranty of any kind, either express or implied.

If we choose to conduct identity verification or background checks on any BabyStuffInBoise.com staff, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by an BabyStuffInBoise.com staff member or guarantee that an BabyStuffInBoise.com staff member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

9. Limits on Liability

If you are dissatisfied with the Platform, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us, any BabyStuffInBoise.com staff member, Third Party Independent Product Supplier or any other User with respect to these Terms, the Platform, or the Services, then your sole and exclusive remedy against us is to discontinue using the Platform.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and the Content and your use of the Services, and any interaction you have with BabyStuffInBoise.com or other Users, whether in person or online, remains with you. Use of certain rental equipment, including without limitation, trampolines, inflatables, and play structures, may result in physical injury, especially when used by multiple persons at once. Neither BabyStuffInBoise.com nor any other party involved in creating, producing, or delivering the Platform, the Content, or the Services, including without limitation any BabyStuffInBoise.com staff member (“Released Parties”), will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (a) these Terms, (b) the use of or inability to use the Platform or the Content, (c) any communications, interactions or meetings with, other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Platform, or (d) your use of the Services, including your use of any rental equipment, use of any of your equipment after it has been cleaned, or use or consumption of any products delivered, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for our obligations to make refunds to Users pursuant to these Terms, in no event will BabyStuffInBoise.com and any other Released Party’s aggregate liability arising out of or in connection with these Terms and your use of the Platform, the Content, or the Services, exceed the lesser of $100.00 (USD) or the aggregate amount you have paid or owe for Services requested via the Platform in the twelve-month period prior to the event giving rise to the liability.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

If you reside in the EU, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability is excluded.

9a. Assumption of Risk; Waiver of Liability; Release; Indemnification; Covenant Not to Sue

Assumption of Risk Liability Waiver

Read this carefully and in its entirety. This is a legally binding agreement. by signing this agreement, you give up the right to bring a court action to recover compensation or any other remedy for injuries or death to yourself, minors, 3rd parties or to your property, arising out of the use of rental items, now or at any time in the future.

Sign and return this form to Elk In Idaho Enterprises LLC, dba Host Boise “Vacation Rental Services” and BabyStuffInBoise.com. If the user is a minor (“Minor User”), at least one parent or guardian (parent and guardian being referred to as (“User”, “Parent User”) must sign, as evidence of their agreement to these terms and conditions on their own behalf and on behalf of the minor user.  No guest, customer, user, parent user, minor user or third party user may make use of any equipment, gear or items rented from BabyStuffInBoise.com unless the Liability Waiver (as noted in section 9a of these terms) has been signed and dated.  All orders without a liability waiver signed, dated and returned to BabyStuffInBoise.com before delivery of rental items will be considered cancelled by the user and falls under the outlined cancelation policy in these terms and conditions.

User Agreement

In consideration of the services and use of rental items being referred to as (“Use”), to be provided by Elk In Idaho Enterprises, LLC, a Limited Liability Company, doing business as Host Boise “Vacation Rental Services” and BabyStuffInBoise.com organized and existing under the laws of the State of Idaho (referred to in this document as “BabyStuffInBoise.com”), and as a condition of allowing me to use such rental items and services I , user and parent of a minor user, acknowledge and agree, for myself and on behalf of a minor user for whom I sign, as follows:

Use and Risk

I, the undersigned user or parent user, am aware that risks of injury exist from the use and or misuse of any baby or child items, may include activities that are risky and dangerous including the potential risk of serious injury, disability or death from the use of any items. Both minor user and parent user acknowledge and accept the risks and give permission for myself and on behalf of my heirs or anyone in use of these items. I knowingly and freely acknowledge and assume the use of all rented items and all such risks, both known and unknown and assume full responsibility for the use of the rented items that bear risk and danger from which bodily injury to myself, or my child, up to and including death, may occur.

Acknowledgment and Assumption of Risks

Among the hazards and risks of use of the rental equipment are the following but not limited to: falls; abrupt and possibly harmful contact with structures, objects, and persons; anxieties and fears associated with heights, speed of movement, light and dark conditions and other elements known and not known; close contact with other users; carelessness and misjudgments on the part of users and the staff of BabyStuffInBoise.com, including by failing to follow proper procedures, instructions and the operating policies of BabyStuffInBoise.com and specific manufacturer policies; the failure of structures and equipment; unknown product recall and the unpredictable forces of nature. Participants may experience an increased heart rate and other symptoms of anxiety and stress due to physical exertion, reliance on other users, and a fear of height or of being unprotected or falling. Injuries associated with use of rented items may include breaks, sprains, strains, bruises, and other contusions and in extreme cases, emotional upset, anxiety and even death.

The description of these risks above is not complete and other unknown or unanticipated risks
may result in property loss, injury, or death. Engaging in the use of the provided rental items may require a degree of skill and knowledge different from other items with which users may be familiar.
Users have responsibilities for managing the risks to themselves, minors, and others. Any instructions or guides provided for use and or setup are complimentary and instructional in nature and users are expected to expand, research, and apply their own judgment of use. Users and parent users acknowledge that the use of rented items is purely voluntary and do so with full knowledge of the inherent dangers and other risks that are known and unknown.

I understand that there will be NO supervision of any users by BabyStuffInBoise.com, and that BabyStuffInBoise.com has no responsibility for users during the rental time.

Release and Indemnity

Release/Indemnification/Covenant Not to Sue: To the fullest extent permitted by law, and in consideration for being allowed to use, I, on behalf of myself, and on the behalf of any minor user, my heirs, representatives, executors, administrators, and assigns (“the Releasing Parties”) hereby agree to Hold Harmless, Release, Indemnify, Defend, Forever Discharge and Covenant Not To Sue Elk In Idaho Enterprises LLC, dba Host Boise, “Vacation Rental Services”, and BabyStuffInBoise.com, its members, respective officers, directors, managers, employees, owners, volunteers, and agents, (“the Released Parties”) for any and all claims of injury, negligently caused injuries, disability, death or other losses or damage to person or property arising from or related to the USE of any items. I further agree to defend and indemnify the Released Parties and each of them from any claims, demands, actions, damages, costs, fees, or expenses arising out of losses suffered by or caused by me that are brought now or in the future by the Releasing Parties or any of them, or by a third party.

Additional Provisions

In addition, I agree to Indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) the Released Parties from any claim of loss, injury or death, including such claims, brought by or on behalf of the minor for whom I sign, a co-user in the use, a rescuer, a member of my, or the minor child’s, family, or anyone else, arising out of or in any way related to a loss suffered by me or the minor, or caused by me or the minor. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of the Released Party, but not intentional wrongs or the gross negligence of a Released Party.

Any dispute between a Released Party and User, Parent User or 3rd Party User will be governed by the substantive laws of the State of Idaho (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in the state of Idaho, in Ada County. If the dispute cannot be resolved by mutual agreement, I agree to submit it to a mediator recognized by the Courts of the State of Idaho and Ada County. I will pay all costs and attorney's fees incurred by any Released Party in defending a claim or suit brought by me, or by or on behalf of the minor user, if the claim or suit is withdrawn or to the extent a court or mediator determines that the Released Party is not responsible for the claimed injury or loss.

I hereby give my permission and consent to the use of reviews, photographs, videotapes, and other images of me, or the child, and agree that such images may be published and otherwise used by BabyStuffInBoise.com for advertising, promotion, publicity, or such other purpose as it deems appropriate, without compensation to me or to the minor child.

I acknowledge that insurance coverage for bodily injury and property damage is my personal responsibility.
On behalf of myself, I hereby give permission for emergency medical care, including transportation to and exchange of medical information with a medical facility.

This agreement waives important substantial legal rights. Read it carefully before signing or placing an order with BabyStuffInBoise.com. Your signature indicates that you fully understand and agree to its terms freely and voluntarily without inducement.

This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be supplemented or amended except in writing. I understand and agree that it is binding, to the fullest extent allowed by law, upon all persons signing below, their respective heirs, executors, administrators, wards, minor children (whether or not they are Users) and other family members. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.

If I am executing this document as a parent/guardian of a minor child, I represent and warrant that I have the legal right to execute this waiver on behalf of the minor and that the release, once executed by me, is fully enforceable in accordance with its terms. I agree to indemnify the Released Parties in the event the representation is not accurate.

Finally, I have read and understand the Terms and Conditions agreed to when placing my rental order online, by phone, or by text message and this Liability Waiver Document and fully understand its terms.
When you submit a reservation online, by phone or by text message, it is assumed that you have read to and agreed with these Terms and Conditions of the Rental items as well as this Release of Liability Agreement.

THE UNDERSIGNED CERTIFIES THAT HE/SHE HAS READ THIS DOCUMENT AND IS AWARE OF THE RISKS INVOLVED IN PARTICIPATING IN THE USE OF ANY AND ALL RENTAL ITEMS SUPPLIED BY BABYSTUFFINBOISE.COM, AND FULLY UNDERSTANDS ITS CONTENT AND LEGAL SIGNIFICANCE AND AGREES TO BE BOUND BY ITS TERMS AND SIGNS IT OF HIS/HER OWN FREE WILL. THE UNDERSIGNED IS AWARE THAT BY SIGNING THIS AGREEMENT THAT HE/SHE IS WAIVING AND RELEASING CERTAIN LEGAL RIGHTS THAT HE/SHE MAY OTHERWISE HAVE. THE UNDERSIGNED UNDERSTANDS THAT THIS AGREEMENT IS A RELEASE OF LIABILITY AND A CONTRACT WITH BABYSTUFFINBOISE.COM.

IF HE/SHE IS EXECUTING THIS DOCUMENT AS A PARENT/GUARDIAN OF A MINOR CHILD, I REPRESENT AND WARRANT THAT I HAVE THE LEGAL RIGHT TO EXECUTE THIS WAIVER ON BEHALF OF THE MINOR AND THAT THE RELEASE, ONCE EXECUTED BY ME, IS FULLY ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. I AGREE TO INDEMNIFY THE RELEASED PARTIES IN THE EVENT THE REPRESENTATION IS NOT ACCURATE.

Assumption of Risk Liability Waiver

10. Indemnification

You agree to release, defend (at our option), indemnify, and hold BabyStuffInBoise.com, the Released Parties and its and their affiliates and subsidiaries, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms or any laws, regulations or third party rights, (b) your improper use of the Platform, the Content, or any Services, and (c) your interaction with any BabyStuffInBoise.com staff member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you may not in any event settle any matter without our prior written consent.

11. Miscellaneous Terms

11.1 Severability.

If any provision of these Terms is or becomes invalid or nonbinding, the parties will remain bound by all other provisions hereof. In that event, the parties will replace the invalid or nonbinding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or nonbinding provision, given the contents and purpose of these Terms.

11.2 Assignment.

You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.

11.3 Entire Agreement.

These Terms, including any policies referenced herein, constitute the entire agreement and understanding between us and you with respect to your use of the Platform, the Content, and the Services and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding your use of the Platform, the Content, or the Services.

11.4 No Waiver.

If we fail to enforce any right or provision in these Terms, the failure will not constitute a waiver of that right or provision.

11.5 Interpretation.

In these Terms, the words “including” and “include” mean “including, but not limited to.” Section headings are for convenience of reference only and shall not affect the meaning of any provision of these Terms.

11.6 No Third-Party Beneficiaries.

The Released Parties are intended to be third-party beneficiaries. Except for the Released Parties, there are no third-party beneficiaries to these Terms.

11.7 Notices.

Any notice delivered by us to you will be delivered by email to the email address associated with your BabyStuffInBoise Account or, if you don’t have a BabyStuffInBoise Account, the email address you provided when you submitted the relevant request for Services (to be clear, BabyStuffInBoise.com will contact you via whatever method you agreed upon (e.g., email, cell phone)). Any notice delivered by you to us will be delivered by email to contact@babystuffinboise.com.

11.8 Feedback.

You may provide us with comments, reviews, suggestions, enhancement requests, recommendations or other feedback arising out of your experience with the Platform, the Content, or the Services (collectively "Feedback"). If you do provide Feedback, you assign to us all right, title, and interest, including any intellectual property rights therein, and agree not to assert any "moral rights", in and to the Feedback. Further, you understand and acknowledge that we will own all right, title and interest, including intellectual property rights therein, in and to any enhancements to the Platform, the Content, or the Services, or other services offered by us or any of our affiliates, or any new services developed by us or any of our affiliates, based upon or otherwise incorporating your Feedback.

12. Governing Law and Dispute Resolution Agreement

12.1 Choice of Law.

As between BabyStuffInBoise.com and you, these Terms will be governed by the laws of the State of Idaho, without regard to the choice of law or conflicts of law provisions of any jurisdiction. Both BabyStuffInBoise.com and you submit to the exclusive jurisdiction of the state and federal courts located in the State of Idaho for enforcement of arbitral awards or for temporary or preliminary injunctive relief for the limited purpose of avoiding immediate and irreparable harm, which will not be subject to the requirements of Section 12.2.

12.2 Dispute Resolution.

Our right to amend these Terms at any time as set forth above does not apply to this Section 12.2 (this “Dispute Resolution Agreement”). The version of this Dispute Resolution Agreement in effect on the date you last accepted these Terms controls.

We want your experience with the Platform and BabyStuffInBoise.com to be a positive one. If you have a problem or dispute, we will do our best to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this Dispute Resolution Agreement.

Step 1: Amicable Resolution

You agree to give us an opportunity to resolve any disputes relating in any way to the Platform, the Services, any interaction with BabyStuffInBoise.com, or these Terms by contacting us at contact@babystuffinboise.com.

If we are unable to resolve the dispute, you agree to first attempt to settle the dispute through a nonbinding mediation proceeding. In the event any party to such mediation proceeding is not satisfied with the results thereof, then any unresolved disputes will be finally settled in accordance with a binding arbitration proceeding. In no event will the results of any mediation proceeding be admissible in any arbitration or judicial proceeding.

Step 2: Non-binding Mediation

Mediation proceedings will be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") in effect on the date the notice of mediation was served, other than as specifically modified herein, and will be nonbinding on the parties thereto. Any party may commence a mediation proceeding by serving written notice thereof to the other parties, by mail or otherwise, designating the issues to be mediated and the specific provisions of these Terms under which the issues and dispute arose. The initiating party will simultaneously file two copies of the notice with the AAA, along with a copy of these Terms. A party may withdraw from the dispute by signing an agreement to be bound by the results of the mediation, to the extent the mediation results are accepted by the other parties as provided herein. A party who withdraws will have no further right to participate in the dispute.

The parties will select one neutral third party AAA mediator with expertise in the area that is in dispute. If a mediator has not been selected within ten (10) business days after receipt by the non-initiating party of the notice of mediation, then a mediator will be selected by the AAA in accordance with the Commercial Mediation Rules of the AAA.

The mediator will schedule sessions, as necessary, for the presentation by all parties of their respective positions, which, at the option of the mediator, may be heard by the mediator jointly or in private, without any other members present. The mediation proceeding will be held in Boise, Idaho, or such other place as agreed by the mediator and all of the parties. Each of the parties may submit to the mediator, no later than ten (10) business days prior to the first scheduled session, a brief memorandum in support of their position.

The mediator will make written recommendations for settlement in respect of the dispute, including apportionment of the mediator’s fee, within ten (10) business days of the last scheduled session. If any party involved is not satisfied with the recommendation for settlement, that party may commence an arbitration proceeding.

Step 3: Binding Arbitration

Binding arbitration proceedings will be conducted under the Rules of Commercial Arbitration of the AAA (the "Rules"). A party may withdraw from the dispute by signing an agreement to be bound by the results of the arbitration. A party who withdraws will have no further right to participate in the dispute.

The arbitration panel will consist of one arbitrator. The parties will select one neutral third party AAA arbitrator (the "Arbitrator") with expertise in the area that is in dispute. If an Arbitrator has not been selected within ten (10) business days after receipt by the non-initiating party of the notice of arbitration, then an Arbitrator will be selected by the AAA in accordance with the Commercial Arbitration Rules of the AAA. The arbitration proceeding will be held in Boise, Idaho or such other place as agreed by the arbitrator and all of the parties. Any arbitrator who is selected will disclose promptly to the AAA and to both parties any financial or personal interest the arbitrator may have in the result of the arbitration and/or any other prior or current relationship, or expected or discussed future relationship, with the parties or their representatives. The arbitrator will promptly conduct proceedings to resolve the dispute in question pursuant to the then existing Rules. To the extent any provisions of the Rules conflict with any provision of this Section 15, the provisions of this Section 15 will control.

In any final award and/or order, the arbitrator will apportion all the costs (other than attorney's fees which will be borne by the party incurring such fees) incurred in conducting the arbitration in accordance with what the arbitrator deems just and equitable under the circumstances. The parties agree that the results of the arbitration will be binding and non-appealable.

Discovery will not be permitted in such arbitration except as allowed by the Rules, or as otherwise agreed to by all the parties. Notwithstanding, the parties agree to make available to one another and to the arbitrator, for inspection and photocopying, all documents, books, and records, if determined by the arbitration panel to be relevant to the dispute, and by making available to one another and to the arbitration panel personnel directly or indirectly under their control, for testimony during hearings if determined by the arbitration panel to be relevant to the dispute. The parties agree, unless undue hardship exists, to conduct arbitration hearings to the greatest extent possible on consecutive business days and to strictly observe time periods established by the Rules or by the arbitrator for the submission of evidence and of briefs. Unless otherwise agreed to by the parties, a stenographic record of the arbitration proceedings will be made and a transcript thereof will be ordered for each party, with each party paying an equal portion of the total cost of such recording and transcription.

The arbitrator will have all powers of law and equity, which it can lawfully assume, necessary to resolve the issues in dispute including, without limiting the generality of the foregoing, making awards of compensatory damages, issuing both prohibitory and mandatory orders in the nature of injunctions and compelling the production of documents and witnesses for presentation at the arbitration hearings on the merits of the case. The arbitrator will neither have nor exercise any power to act as amiable compositeur or ex aequo et bono; or to award special, indirect, consequential or punitive damages. The decision of the arbitrator will be final and in written form and state the reasons upon which it is based. The parties agree to participate in the arbitration in good faith.

Step 4: Enforcement of Award

Any action or proceeding subsequent to enforce an award rendered by the arbitrator in the dispute will be filed in a court of competent jurisdiction in the same county where the arbitration of the dispute was conducted, and Idaho law will apply in any such subsequent action or proceeding.

12.3 Jury Trial Waiver.

You and BabyStuffInBoise.com acknowledge and agree that we are each waiving the right to a trial by jury as to all disputes.

12.4 No Class Actions or Representative Proceedings.

You and BabyStuffInBoise.com acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, unless you and BabyStuffInBoise.com both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

12.5 Severability/Unenforceability.

In the event that any portion of this Section 12 is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Section 12 shall be given full force and effect. In the event that your agreement to have any unresolved dispute finally settled via binding arbitration is unenforceable, you agree: (a) that the laws of the State of Idaho will govern any dispute arising out of or in connection with these terms, without regard to conflicts of laws provisions, (b) to venue in the federal courts located in Boise, Idaho, and to waive any claims based upon improper or inconvenient venue or lack of jurisdiction, and (c) that Sections 12.3 and 12.4 will apply.