TERMS AND CONDITIONS OF YOUR MAMAVA INFLATABLE LACTATION POD RENTAL

These terms constitute the sole and exclusive agreement (the “Agreement”) between you (together with any entity that you represent, “Renter,” “you” or “your”) and Mamava, Inc. (dba Ava Pods) (“Ava Pods”, “we”, “our”, or “us”) governing your rental and use of our inflatable lactation pod(s) (the “Pod(s)”). 

Please read this Agreement carefully because it is a legally binding contract between you and Ava Pods.  If you do not agree with or accept any of the terms or conditions in this Agreement, do not proceed. By submitting a rental request, or clicking “I accept”, “I agree” or similar through the Booqable platform (“Booqable”), you are agreeing to all of the terms and conditions of this Agreement to the exclusion of any other terms. We reserve the right, at our sole discretion, to update the Agreement at any time; if we do so, we will indicate that the Agreement has been updated by changing the effective date at the top of this Agreement. Your rental of Pod(s) following any such updates to the Agreement constitutes your acceptance of the updated Agreement.

1. AVA PODS' OWNERSHIP OF THE POD(S). When you book Pod(s) through Booqable you are renting the use of the Pod(s) for a temporary period of time. Ava Pods continues to own the Pod(s) during the Rental Period (defined in Section 2). During the Rental Period, you shall be responsible for all risk of loss or destruction of or damage to the Pod(s). You shall not remove any asset or ownership tags or stickers from the Pod(s), pledge or encumber the Pod(s), or make any representation to any third party which is inconsistent with Ava Pods' ownership of the Pod(s).
2. RENTAL PERIOD. All Pod rentals are in one (1) week increments. The “Rental Period” commences on the date the Pod is delivered to your provided shipping address, and it terminates upon your timely delivery of Pod (appropriately packaged for return shipment in accordance with Ava Pods' instructions) to the common carrier designated by Ava Pods. 
3. RENTAL FEES. In consideration for your use of the Pod(s) during the Rental Period, you hereby agree to pay to Ava Pods the following “Fees” in accordance with the following terms:

4. CANCELLATIONS AND EXTENSIONS. Order cancellations are not available once your Pod(s) have shipped. Prior to shipment, requests for cancellation will be considered on a case-by-case basis. Extensions require Ava Pods' prior written approval and are subject to your payment of additional Fees pursuant to Section 3.
5. INSPECTION; CONCLUSIVE PRESUMPTIONS. You shall inspect the Pod(s) immediately upon receipt of the Pod(s). Unless you notify Ava Pods of any damage within twenty-four (24) hours of your receipt of the Pod(s) (with notice to be sent to [email protected], to be in sufficient detail, and to include pictures), it shall be conclusively presumed that you are satisfied that the Pod(s) have arrived in good condition.
6. YOUR USE, MAINTENANCE, AND RETURN OF THE POD(S). You agree that the Pod(s) must only be operated and stored indoors in a dry, well-ventilated environment, protected from moisture, extreme temperatures, and outdoor elements.  You agree not to remove, alter, disfigure or cover up any numbering, lettering, logos or other branding displayed on or in the Pod(s). You acknowledge and agree that you are responsible for providing the tables and chairs for use inside the Pod(s). You acknowledge that the Pod(s) require a dedicated 120-volt power supply to remain inflated, and you agree that you are responsible for ensuring access to a 120-volt power supply. You agree that when the Pod(s) are not in use,  the fan shall be unplugged from the electrical outlet. You will keep the Pod(s) clean, ensure that the Pod(s) remain free from hazards, and ensure that egress and ingress to the Pod(s) are open and free from obstacles. You agree to return the Pod(s) in the same condition as they were provided to you, ordinary wear and tear resulting from normal usage excepted. You will ensure that any damp Pod(s) are allowed to thoroughly dry out prior to repacking them for return shipment, and you will otherwise adhere to any return instructions provided by Ava Pods.
7. INSURANCE. You agree to keep the Pod(s) insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof, and you shall carry public liability and property damage insurance covering the Pod(s) and their use, operation, and handling for the amount of at least Five Hundred Thousand Dollars ($500,000.00), or such other reasonable amount specified by Ava Pods. You agree to provide evidence of such insurance upon Ava Pods' request. Your failure to maintain insurance in accordance with this Section 7 will be considered a material breach of this Agreement.
8. AVA PODS ACCESS. Ava Pods shall have the right to: (a) inspect and observe the Pod(s) during business hours (and, if the Pod(s) are in a non-public location, with reasonable notice to you); (b) perform any Section 6 and/or Section 7 obligations that you have not performed to Ava Pods' reasonable satisfaction, at your sole cost and expense; and (c) perform any other act(s) deemed reasonably necessary by Ava Pods to ensure that the Pod(s) are safe for use and not subject to damage.
9. DEFAULT; REMEDIES. If you default in the performance of any of your obligations under this Agreement, or if you become insolvent or make an assignment for the benefit of creditors, Ava Pods has the right to exercise any one or more of the following remedies: (a) sue for and recover all amounts due pursuant to this Agreement, whether then accrued or thereafter accruing; (b) take possession of any or all Pod(s) without demand, notice, or legal process, wherever they may be located, in which case you hereby waive any and all damages occasioned by such taking of possession; (c) terminate this Agreement as to any or all Pod(s), and/or (d) pursue any other remedy at law or equity. Notwithstanding any said repossession, or any other action which Ava Pods may take, you shall be and remain liable for the full performance of all of your obligations under this Agreement.
10. DISCLAIMER OF WARRANTIES. THE POD(S) ARE PROVIDED TO YOU 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. AVA PODS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE POD(S), THEIR MERCHANTABILITY, THEIR DESIGN, THEIR CAPACITY, THEIR PERFORMANCE, THEIR MATERIAL, THEIR WORKMANSHIP, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE POD(S) WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. IN NO CASE SHALL AVA PODS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY. 

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF AVA PODS CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU HEREUNDER, AVA PODS WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES NOT TO EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCTS OR SERVICES; OR (II) THE SMALLEST AMOUNT ALLOWED BY APPLICABLE LAW (“LIABILITY CAP”). IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT THE LIABILITY CAP REPRESENTS (X) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER, AND (Y) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE. 

11. INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Ava Pods, including Ava Pods' directors, officers, agents, employees, successors, and assigns, from and against any claim, demand, cause of action, debt, liability, loss, fine, damage, or expense (including reasonable attorneys’ or legal fees, expenses, and court costs) that relate to: (a) your rental, assembly, control, possession, use, operation, maintenance and/or return of the Pod(s); (b) your breach of any of part of this Agreement; (c) your gross negligence or willful misconduct; and/or (d) your failure to abide by all applicable laws and regulations.
12. ESSENTIAL BASIS OF THE BARGAIN. You acknowledge that Ava Pods has set its Fees in reliance upon the limitations and exclusions of liability, the disclaimers of warranties, and your indemnity obligations set forth herein, that the same form an essential basis of the bargain between you and Ava Pods, and THAT AVA PODS' FEES WOULD BE HIGHER IF AVA PODS WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
13. NO ASSIGNMENT. The Pod(s) are solely for your own use; you agree not to rent the Pod(s) to any third party or to transfer Pod(s) to any third party. Ava Pods may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and permitted assigns of the parties hereto.
14. EXPENSES. You hereby agree to pay all costs and expenses, including attorneys’ fees, incurred by Ava Pods in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
15. GOVERNING LAW AND VENUE; WAIVER OF CLASS ACTION. This Agreement, all disputes and matters relating to this Agreement, and your relationship with Ava Pods shall be construed in accordance with the laws of the State of Vermont, USA without giving effect to its conflicts of laws rules. By renting Pod(s) you hereby consent to the jurisdiction and venue of Vermont state or federal courts, and hereby waive any objections based on inconvenient forum or conflicts of laws principles. Where permitted under applicable law, you agree to bring claims against Ava Pods only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless Ava Pods agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, against Ava Pods. 
16. UNFORSEEABLE EVENTS. Ava Pods will not be liable for delays or failures due to acts of God, strikes, or other events beyond its reasonable control.
17. REMEDIES CUMULATIVE; NO WAIVER; SEVERABILITY. All remedies of Ava Pods hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of the Ava Pods to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by Ava Pods of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any part of this Agreement is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction.
18. CONSENT TO ELECTRONIC COMMUNICATIONS. You consent to receive electronic communications from Ava Pods either in the form of email sent to you at the email address listed on your account or by communications posted on Booqable. You acknowledge and agree that any electronic communication in the form of such email or posting shall satisfy any legal requirement that such communication be in writing. 
19. HEADINGS; RELATIONSHIP; ENTIRE AGREEMENT. The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Agreement. No joint venture, partnership, employment, or agency relationship exists between you and Ava Pods as a result of the Agreement or your rental or use of Pod(s). The Agreement constitutes the entire agreement between you and Ava Pods with respect to the subject matter hereof, superseding all prior and contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ava Pods.