Thank you for choosing MOTHEREARTH DIAPER SERVICE (“Mother Earth”). This Customer Agreement (this “Agreement”) is between you (individually and/or collectively, the “Customer”) and Mother Earth and sets forth the terms and conditions of your service. Please read the Agreement carefully and contact Mother Earth with any question.
Start-up Kit . When you schedule your demonstration, you will receive the rental items for the service package that you selected. Our service packages change from time to time, please refer to our website: https://www.motherearthdiapers.com (the “Website”), for a list of the items contained in your particular service package. From time to time during your service, you may contact Mother Earth to select other service packages.
Rental Items/Purchase Option . At Mother Earth, we care about the environmental impact of our service and we make every effort to reuse and recycle service items. In order to better accomplish this goal, and in an effort to pass savings along to our customers, we use a rental model instead of an ownership model. At the end of your service, we collect your rental items and, depending on their condition, we reuse the items, resell the items on the secondary market or donate the items. Accordingly, unless you specifically purchase an item from Mother Earth, all items provided in your start-up kit and included with your service package are rental items and must be returned at the end of service. If you fail to return any of your items with your last diaper pick-up, you will be charged the following prices:
|Initial to purchase|
|Diaper pail||$ 25.00||________|
|Diaper bag||$ 19.00 each||________|
|Diaper covers||$ 12.00 each||________|
|Wipes||$ 2.00 each||________|
|Newborn diapers||$ 3.00 each||________|
|Infant diapers||$ 3.50 each||________|
|Medium diapers||$ 4.00 each||________|
|Toddler diapers||$ 4.50 each||________|
If you wish to keep your rental items, you may elect to do so now, by initialing above. You agree that Mother Earth may charge your credit card at this time for each of the purchase selections above. You will also have the option to purchase the rental items, for the prices set forth above, at the end of your service.
Fees . Please refer to the Website for the current fees and costs of the services provided by Mother Earth. Mother Earth reserves the right to modify its fees and costs from time to time and will provide you email notification prior to any such change.
Payment Terms: Services are purchased at a minimum of four (4) week increments, twenty eight (28) day calendar days, payable in advance. In the event of cancellation, all start-up fees and pre-paid fees are non-refundable. Invoices are due when issued.
Proper Use . Service package items are to be used only for their intended use: to diaper your baby. Rental diapers are to be used on babies only as diapers. Do not use diapers as burp cloths or rags because this can cause mold to occur. We will happily sell you diaper seconds to use as burp cloths and rags. If Mother Earth determines that you are improperly using a service item, and such use has damaged the item, you agree that Mother Earth may charge you the then current sale price for such item. Only diapers may be placed in the pail liner. If you place trash or disposable wipes in the laundry bag, Mother Earth has the right to charge you up to $2.00 per item.
Do not store soiled diapers in the heat (example: outside or in a garage during the summer) or in direct sunlight. Do not store diapers in plastic grocery bags to carry soiled or dry diapers (such bags tend to leach ink and create mold). Do not rinse soiled diapers. Mother Earth is not responsible for any lost items left in the soiled diaper bag. Soiled diapers of babies exclusively fed with breast milk or formula can be placed directly into the laundry pail. After a child begins eating solid foods, fecal matter should be dumped from the diaper before the diaper is placed in the diaper liner. If you place diapers with large amounts of fecal matter from a food eating child in the diaper liner, Mother Earth may charge you a separate disposal fee, based on the actual amount of time required to remove the waste, at an hourly rate of $20.00.
Do not use a diaper pail that is air-tight, is meant for disposable diapers, or that requires a plastic bag liner. Cloth diapers need air to prevent mold. Certain medications or diaper creams can cause untreatable stains that ruin rented diapers. Please notify us if your child’s doctor has prescribed any medications or diaper rash creams, as they may not be compatible with the rental diapers. You agree not to use petroleum based rash creams, or any other cream listed on the Website as an impropercream. If you use unauthorized creams and such use damages the rental diapers, Mother Earth has the right to charge you the current sale price for each diaper.
Delivery Dates . Please refer to the Website for your current delivery/pickup day. Your dirty diapers must be placed in the pickup location by 7am on the delivery date. If you fail to put out the dirty diapers or miss your pick-up time, we will still drop off a clean batch of diapers. If diapers are not out we will knock once (a $1 fee). If you do not answer, you will need to schedule another pick up time for your dirty diapers. Mother Earth will charge you a missed pickup fee in the amount of $20.00. Keep in mind that when we do not receive dirty diapers for the week, we will not have any diapers to return the following week, however, your service fee will not be paused. Mother Earth reserves the right to modify your delivery/pickup date from time to time and will provide you email notification prior to any such change. In the event average gas prices in the South Florida area rise above $4.00 per gallon, a gas surcharge of $1.00 per week will be added to your bill.
Vacation . If you are leaving on vacation, please contact us at least one (1) week in advance to discuss available options. If you will be missing a delivery/pick-up day, all soiled diapers must be provided to Mother Earth before you leave. Rental items and diapers may not be used outside of your County (i.e., you cannot take diapers on vacation with you), without the prior written consent of Mother Earth, in its sole and absolute discretion.
Communication and Notices . The Website provides the proper ways to communicate with Mother Earth for the service option you select. You agree that Mother Earth may provide any notice required hereunder by electronic mail, to the primary e-mail address you provided. You also agree that Mother Earth may call or text you from time to time regarding service and billing issues.
Termination of Service. You may cancel services at any time by providing email notice at least five (5) business days prior to the termination date. Mother Earth reserves the right to terminate your services at any time by providing email notice at least five (5) business days prior to the termination date. Customers must return all rental items on the last pick-up date. If you fail or refuse to return any rental items, you will be charged for such items as detailed in the Rental Items/Purchas Option section above.
Legal . (a) Except for claims relating to the collection of unpaid amounts, a ll claims or disputes arising among the parties and relating to this Agreement or the breach, termination or validity thereof shall be settled by binding arbitration in accordance with the then-current rules for arbitration of the American Arbitration Association (“AAA”). There shall be a single neutral arbitrator selected in accordance with such rules. The arbitration process shall be governed by the Federal Arbitration Act. The place of the arbitration shall be in Palm Beach County, Florida, and the arbitrator shall apply the substantive law of the State of Florida, exclusive of its choice of law rules, in deciding the dispute. The arbitrator shall have authority to award provisional and injunctive relief. The arbitrator is not empowered to award exemplary or punitive damages and each party hereby waives any right to recover such damages with respect to any dispute resolved by arbitration. The arbitrator is empowered to award reasonable attorneys’ fees in addition to the costs of arbitration. The arbitrator’s award may be confirmed and judgment entered thereon in accordance with the governing arbitration law specified above. Except for claims relating to the collection of unpaid amounts, any claim of either party hereunder must be initiated within forty-five (45) days from the termination of service. (b) Claims related to unclaimed amounts may be brought at any time prior to the expiration of the applicable statute of limitations and may be brought in any appropriate State or County court in the State of Florida. The Customer agrees, in the event Mother Earth employs an attorney or collection agency in the pursuit of the Customer’s unpaid amounts, the Customer shall be responsible for the reasonable costs of such attorney/collection agency incurred by Mother Earth. The prevailing party in any suit related to the collection of unpaid amounts shall be entitled to recover its attorneys’ fees and costs incurred prior to suit, as well as in litigation, appeal and any arbitration, bankruptcy or administrative proceeding. (c) MOTHEREARTH DIAPER SERVICE is a fictitious name (i.e., trade name) of Birth Work South Florida, LLC, and may not be used without the prior written consent of Mother Earth. (d) This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be construed as one and the same agreement. (e) By accepting the terms and conditions on the Website, if you have purchased services on the Website, your authorization for such purchase shall be deemed to be a consent to and signature to this Agreement. (f) This Agreement shall be construed, interpreted, enforced and governed by and in accordance with the laws of the State of Florida, excluding the principles thereof governing conflicts of law. THE CUSTOMER AND MOTHEREARTH HEREBY EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF FLORIDA FOR ANY LAWSUIT ARISING FROM OR RELATING TO THIS AGREEMENT. (g) TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE CUSTOMER AND MOTHEREARTH, BY EXECUTION HEREOF, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR MOTHER EARTH TO ENTER INTO THIS AGREEMENT .
AGREED AND ACKNOWLEDGED ON __________, 2020.
|Kamilah Harris, Managing Member|
|Print Name: _________________________|
|Print Name: _________________________|