*All Cribs and Toddler Beds come with mattress, waterproof crib mattress padding, sheet, blanket and breathable bumpers upon request.
LIABILITY WAIVER LESSEE (CUSTOMER AND EACH OF ITS SUCCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, SERVANTS, AGENTS AND EMPLOYEES, COLLECTIVLEY REFERRED TO AS "LESSEE") ACKNOWLEDGES AND AGREES THAT: (a) EACH ITEM OF LEASED PROPERTY IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY LESSEE, ACCEPTABLE TO LESSEE AND SUITABLE FOR LESSEE'S PURPOSES; (b) LESSOR (PARADISE BABY CO.) AND EACH OF ITS SUCCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, SHARHOLDERS, PARTNERS, SERVANTS, AGENTS AND EMPLOYEES, COLLECTIVLEY REFERRED TO AS ("LESSOR") IS NOT THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT OR THE REPRESENTATIVE OF EITHER; (c) LESSOR IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER'S WARRANTIES ON BEHALF OF ITSELF OR LESSEE; (d) LESSOR HAS NOT INSPECTED AND IS NOT OBLIGATED TO INSPECT THE EQUIPMENT; (e) LESSOR LEASES THE EQUIPMENT TO LESSEE AS IS WITHOUT WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED, AND THE LESSOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO (i) THE TITLE, CONDITION, FITNESS FOR USE FOR A PARTICULAR PURPOSE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, OPERATION, OR MERCHANTABILITY THEREOF, (ii) THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCERNABLE, (iii) THE ABSENCE OF INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT OR (iv) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE LESSOR AND THE LESSEE, ARE TO BE BORNE BY THE LESSEE. LESSEE FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), DEMANDS, ACTIONS, SUITS AND PROCEEDINGS, LOSSES, COSTS, PENALITIES AND DAMAGES, INCLUDING WITHOUT LIMITATIONS, REASONABLE ATTORNEYS' FEES AND COST (COLLdisputes arising out of or relating to this rental agreement, or the breach thereof, shall be fully and finally resolved by arbitration in Honolulu, Hawaii in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. In the event arbitration is invoked, the Parties agree that one shall be appointed to hear and resolve the case. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9. I have read and understand this RELEASE OF LIABILITY and fully understand its terms and I fully understand that I have given up substantial rights by submitting this order I agree to these terms and conditions.
