Rental Agreement
TERMS AND CONDITIONS
I. CONDITION OF THE PARTS
1. Both parties will inspect all items of clothing upon delivery and pickup to ensure they are in optimal condition.
2. The Client accepts and acknowledges that he or she is responsible for the proper care of the rented clothing items during the rental period.
3. The Customer agrees to handle and treat the items of clothing with due care and diligence, avoiding any damage or loss that may occur while they are in their possession or in the possession of a third party.
4. The Customer agrees not to make any alterations or modifications to the clothing items without the prior written consent of MOMAMOUR, LLC.
5. The Customer will be responsible for returning the clothing items in the same condition in which they were received, with the exception of normal wear and tear due to reasonable use.
6. The cleaning and care of the pieces will be the sole responsibility of Photography by Sofía. The client is expressly prohibited from washing or ironing the pieces themselves.
II. RENTAL DEPOSIT
1. All clothing rentals will require a $50.00 deposit, which will be refundable within a period of up to 48 hours, after the Client returns the rented clothing items and they are inspected by MOMAMOUR, LLC.
2. The rental deposit will be used as a guarantee to cover possible damages, losses, or breaches by the client during the rental period.
3. In the event that the rented parts suffer minor damage or partial loss that can be repaired or replaced at a cost lower than the deposit, a partial refund will be made to the customer for the difference between the cost of the damage and the deposit amount.
4. In the event of damage, loss, or theft of clothing items during the rental period due to negligence, misuse, or failure to comply with the terms and conditions of this agreement by the Client or a third party, the Client will be responsible for covering the full cost of replacement and/or repair of said item, including any additional shipping costs.
5. The deposit will be retained in full if the rented parts are returned with significant damage requiring expensive repairs or if any part is completely missing.
6. The customer will be responsible for paying the difference if the total cost of the repair or replacement of the part is greater than the deposit amount.
7. The Client authorizes MOMAMOUR, LLC, to debit said amount from the payment method registered in our system.
8. The client agrees that the rental deposit may be used to cover any additional costs related to the rental, such as unauthorized time extensions or additional cleaning fees, at the discretion of MOMAMOUR, LLC.
9. The customer authorizes the rental company to retain their credit or debit card details as security for the rental deposit and any additional charges that may arise under the terms of the rental agreement.
10. In the event that the Client does not make the deposit and/or payment within the established term, MOMAMOUR, LLC reserves the right to cancel the order(s) and retain access to the rented clothing items until full payment is made.
III. RENTAL TIME
1. Once the Customer's order is received, MOMAMOUR, LLC will contact the Customer to review the order details and schedule an appointment for the pickup and delivery of the clothing items.
2. The customer must pick up the rented clothing items by appointment, up to a maximum of 2 days before the scheduled date of the event or activity for which the rental arrangements were made.
3. Rented clothing items must be returned by the customer by appointment, up to a maximum of 2 days after the end date of the event or activity for which they were used.
4. Returning rented clothing items after the established date will incur an additional charge of $15.00 for each day of delay. This charge will be debited from the deposit provided by the Client at the time of rental.
5. If the amount owed is greater than the deposit, the Client authorizes MOMAMOUR, LLC to debit the payment method registered in the system for the difference to cover said amount.
6. The customer agrees to comply with the agreed rental period, which will begin on the date of collection of the clothing items and end on the agreed return date.
7. Any extension of the rental period requires the prior written consent of MOMAMOUR, LLC. In the event of a request for an extension, the client must notify the client at the time of signing the contract. Any such extension will incur an additional fee, which must be paid in advance.
8. The client accepts that any extension of the rental period will be subject to availability and additional fees that will be communicated and agreed upon between both parties prior to the extension.
9. In the event that the customer returns the rented clothing items before the end date of the agreed rental period, MOMAMOUR LLC will not issue any refund or credit for unused time, unless otherwise agreed in writing.
10. The Company reserves the right to repossess rented clothing items in the event of non-compliance with the rental period, and the customer will be responsible for covering all costs associated with retrieving the items, including, but not limited to, shipping costs and courier fees.
IV. PIECE SIZES
1. The customer acknowledges that clothing items may have stretch characteristics due to the use of materials such as "spandex" or "One Size Fits All," which allows them to fit different sizes and body shapes. Therefore, MOMAMOUR, LLC. cannot guarantee a perfect fit and requires the customer to try on the clothing items before completing the rental.
2. Items requiring a specific size will be clearly described in their respective description, including precise measurements and recommendations on the most appropriate size for the customer.
3. The Customer must schedule an appointment with MOMAMOUR, LLC to be fitted for the garments before placing the order, in order to ensure a proper fit and avoid size-related issues.
4. The Customer acknowledges and agrees that it is their responsibility to schedule an appointment to be fitted for clothing items prior to placing their order. The Customer understands that failure to properly measure may result in clothing items that do not fit properly. Therefore, the Customer releases MOMAMOUR, LLC from any liability for fit or sizing issues that may arise due to the Customer's failure to properly measure.
5. MOMAMOUR, LLC will provide assistance and guidance to the Customer in selecting the size of the clothing items, but is not responsible for any inconvenience resulting from the Customer's incorrect size selection.
6. In the event that the clothing items do not fit the Customer properly due to an error in the measurements, the Customer may request a size change, subject to availability and additional charges.
7. If the Customer chooses not to have the pieces fitted and/or misses the appointment to have the pieces fitted, this does not constitute grounds for cancellation of the contract or for a request for a refund or return of the deposit.
8. MOMAMOUR, LLC will provide advice on selecting the appropriate size for clothing items, but is not responsible for any issues arising from the Customer's incorrect size selection. Customers are advised to carefully review the measurements provided and consult with MOMAMOUR, LLC if they have any questions before renting.
V. RELEASE OF LIABILITY
1. The Client acknowledges that some individuals may be sensitive to certain materials or substances used in the manufacture of the rented clothing items, such as dyes, fragrances, or natural materials. Therefore, the Client assumes the responsibility to verify the composition of the clothing items and take the necessary precautions to avoid any allergic reaction or sensitivity, exempting MOMAMOUR, LLC, its agents, employees, contractors, suppliers, owners, and any other person from any liability in the event of adverse allergic reactions.
2. The Client agrees to comply with all applicable laws and regulations related to the use and care of the rented clothing items, including, but not limited to, safety and health regulations.
3. The Client agrees to be responsible for the loss or theft of clothing items during the rental period and releases MOMAMOUR, LLC, its agents, employees, contractors, suppliers, owners, and any other person from any liability for such incidents.
4. The Customer agrees to use the clothing items only for their intended purposes and in accordance with the instructions provided by MOMAMOUR, LLC. MOMAMOUR, LLC, its agents, employees, contractors, suppliers, owners, and any other person shall not be liable for injuries or damages resulting from the improper use of the clothing items.
5. The Client agrees to deliver and collect the rented items. If the Client requests a third party to collect the items, they must notify MOMAMOUR, LLC in writing of their authorization for the third party to collect the items. At the time of collection, all persons collecting the items must present the contract.
VI. BREACH OF CONTRACT
1. The Client agrees to pay MOMAMOUR, LLC the rental cost of the rooms specified in this contract. Payment must be made on the dates and in the manner stipulated in this contract.
2. The Customer may make payments by ATH Móvil, cash, money order, or manager's check. PERSONAL CHECKS WILL NOT BE ACCEPTED.
3. Payment for the rental of the pieces must be made on the dates specified in this contract. No pieces of clothing will be released without a deposit or payment.
4. In the event that MOMAMOUR, LLC must take legal action to recover the garments and/or collect outstanding balances, the Customer will assume all associated costs, including legal fees incurred by MOMAMOUR, LLC.
5. In the event of any dispute or controversy arising out of this agreement, both parties agree that the exclusive and competent jurisdiction to resolve such disputes shall be the court chosen by MOMAMOUR, LLC. Both parties expressly waive any other court or venue that may apply to them by reason of their present or future domicile, or for any other reason. The parties agree to submit to the personal jurisdiction of said court and waive any objection to the convenience of litigating in such court.
Both parties declare that they have read and understood the clauses of this contract, accepting all the terms and conditions established.