Legal
Release of Liability, Waiver, and Assumption of Risk
This Release of Liability, Waiver of Claims, and Assumption of Risk Agreement (the "Release") is entered into between BABY NOMAD, with its principal place of business in Los Cabos, Baja California Sur, México ("Baby Nomad"), and the customer renting baby equipment from Baby Nomad (the "Customer," "you," or "your"). This Release supplements and is incorporated into the Baby Nomad Terms and Conditions and the Privacy Policy.
By placing an order, accepting delivery of any equipment, or using any item rented from Baby Nomad, you acknowledge that you have read, understood, and agreed to every provision of this Release on behalf of yourself, your minor child or children, and any other person who will use the equipment under your supervision.
1. Nature of the Equipment
Baby Nomad rents baby and child-related equipment, including but not limited to cribs, pack-and-plays, strollers, car seats, high chairs, bathtubs, carriers, toys, monitors, and similar items (collectively, the "Equipment"). The Equipment is manufactured by third parties. Baby Nomad is a lessor only and is not the manufacturer, designer, or distributor of the Equipment.
2. Acknowledgment of Risks
You acknowledge that the use of baby equipment involves inherent and unavoidable risks that cannot be eliminated regardless of the care taken by Baby Nomad. These risks include, without limitation:
- Falls, tipping, pinching, entanglement, suffocation, strangulation, and impact injuries associated with cribs, pack-and-plays, high chairs, strollers, carriers, and similar products.
- Improper installation or use of car seats, which may increase the risk of serious injury or death in the event of a vehicle collision.
- Allergic reactions, skin irritation, or illness that may result from contact with materials, fabrics, cleaning agents, or residues on the Equipment.
- Choking or small-parts hazards associated with toys and accessories, particularly for children under three (3) years of age.
- Mechanical failure, loosening of parts, or degradation of the Equipment during use.
- Environmental hazards associated with the location where the Equipment is used (surfaces, weather, proximity to water, stairs, balconies, etc.).
You acknowledge that the risks described above are not exhaustive and that other unknown or unforeseeable risks may exist.
3. Customer Responsibilities
You agree, as a condition of renting any Equipment, to:
- Inspect each item of Equipment upon delivery and before every use, and to notify Baby Nomad immediately at sofia@babynomad.com.mx if any defect, damage, missing part, or safety concern is observed.
- Follow all manufacturer instructions, warnings, age and weight limits, and safety guidelines applicable to each item.
- Install car seats, cribs, and similar safety-critical items correctly, and seek assistance from a certified professional if you are not confident in your ability to do so.
- Provide continuous, attentive adult supervision of any child using the Equipment.
- Discontinue use and contact Baby Nomad immediately if any Equipment becomes damaged, defective, or unsafe during the rental period.
- Ensure that any third party who will use or supervise the use of the Equipment (including family members, nannies, caregivers, resort staff, or other adults) is informed of, and bound by, the terms of this Release.
4. Voluntary Assumption of Risk
You expressly, knowingly, and voluntarily assume all risks associated with the use of the Equipment — including risks caused by the negligence of Baby Nomad or third parties — and accept full and personal responsibility for any injury, illness, death, property loss, or other loss or damage arising from that use.
5. Release and Waiver of Claims
To the fullest extent permitted by applicable law, you, on behalf of yourself, your children, your spouse or partner, your heirs, personal representatives, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Baby Nomad and its owners, officers, employees, contractors, agents, and affiliates (together, the "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, damages, costs, and expenses (including attorneys' fees) of every kind, whether known or unknown, foreseen or unforeseen, arising out of or related to the rental, delivery, pick-up, presence, use, misuse, malfunction, or condition of the Equipment, even if caused in whole or in part by the negligence of any of the Released Parties.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) brought by you, your child, your guests, or any third party, arising out of or related to your rental or use of the Equipment, any breach of this Release or the Terms and Conditions, or any negligent or wrongful act or omission by you or any person using the Equipment under your supervision.
7. Third-Party Products
Because Baby Nomad does not manufacture the Equipment, Baby Nomad makes no representation or warranty of any kind regarding the design, manufacture, or safety of any item, beyond the duty to deliver the Equipment in clean, functioning condition. Any warranty claims must be directed to the applicable manufacturer.
8. Medical Emergencies
In the event of a medical emergency involving a child using the Equipment, you are solely responsible for obtaining appropriate medical care. Baby Nomad has no obligation to provide, arrange for, or pay for medical treatment, transportation, or other emergency services.
9. Parental and Guardian Authority
If you are entering into this Release on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of that child, that you have full authority to bind the child to this Release, and that you intend this Release to apply to the child to the fullest extent permitted by applicable law.
10. Severability
If any provision of this Release is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Release shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
11. Governing Law and Jurisdiction
This Release shall be governed by and construed in accordance with the laws of the State of Baja California Sur, México, without regard to its conflicts of laws principles. Any dispute arising out of or related to this Release shall be resolved exclusively in the competent courts of Los Cabos, Baja California Sur, México, and you expressly waive any other venue or jurisdiction.
12. Electronic Acceptance
You acknowledge and agree that your electronic acceptance of this Release — including, without limitation, placing an order through the Baby Nomad website, confirming a quote, or accepting delivery of the Equipment — constitutes your signature and has the same force and effect as a handwritten signature.
13. Entire Agreement
This Release, together with the Baby Nomad Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and Baby Nomad regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, or representations, whether oral or written.
BY RENTING EQUIPMENT FROM BABY NOMAD, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE, UNDERSTAND IT, AND AGREE TO ITS TERMS FREELY AND WITHOUT INDUCEMENT.
Questions about this Release may be directed to sofia@babynomad.com.mx.