Motherhood Matters agrees to provide the client with a disinfected portable birth pool kit and instructions (hereafter referred to as “Birth Pool Kit”.)
The client and their partner (hereafter collectively referred to as “Client”) shall indemnify and hold harmless Motherhood Matters, its employees, representatives, associates, agents, and third party contractors, including but not limited to any affiliated manufacturers against any and all claims (including all reasonable legal fees and disbursements incurred) and losses arising out of the use of the Birth Pool Kit.
Goods and services hereunder are provided as-is and Motherhood Matters makes no representations or warranties, express or implied, arising by law or otherwise with respect to such goods or services or this agreement, and disclaims all warranties as to merchantability, fitness for a particular purpose, or otherwise. In no event shall Motherhood Matters be liable to client or any third party for any special, punitive, incidental, indirect, or consequential damages, arising from any claimed breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, even if Motherhood Matters has been advised of the possibility of such damages, all risks associated with the use of the Birth Pool Kit shall be assumed by the client.
The Birth Pool Kit shall only be used in accordance with this Agreement and the instructions provided with the Birth Pool Kit. The Birth Pool Kit is strictly for indoor use only.
Nothing herein shall be construed as medical advice or medical opinion. Client shall be responsible for consulting a qualified medical professional should they have any medical concerns associated with the use of the Birth Pool Kit.
The rental period shall begin on the day the Birth Pool Kit is delivered to the Client. Motherhood Matters suggests that the Client have their pool delivered before the end of the 38th week of pregnancy, unless other arrangements have been agreed upon by the Client and Motherhood Matters.
The rental fee is on a per birth basis, for a period of approximately three to four weeks; however, the rental period may be subject to change depending on the demand by other clients of Motherhood Matters and availability of the Birth Pool Kit.
Motherhood Matters cleans and disinfects the Birth Pool Kit once the pool is returned. Drainage supplies are included so the client can remove water from the pool once use is complete.
There will be no reduction in fees or refund if the Birth Pool Kit is returned and not used.
The Birth Pool Kit will be disinfected and inspected prior to delivery to the client, as per recommended cleaning procedures by the pool manufacturer.
The Client shall be responsible for all costs associated with the repair or replacement of the Birth Pool Kit should the Birth Pool Kit be damaged by misuse or negligent mishandling of the Birth Pool Kit while in the Client’s possession.
This agreement may be cancelled by the Client or Motherhood Matters up to one (1) week prior to the Birth Pool Kit Delivery Date upon notice to the other party. Should the Client fail to notify Motherhood Matters of the cancellation one (1) week prior to Birth Pool Kit Delivery Date, a $50 cancellation fee, in addition to the $50 deposit shall be charged to the Client.
If labour begins before the scheduled Birth Pool Kit Delivery Date, please contact Motherhood Matters and we will to the best of our ability, deliver a Birth Pool Kit immediately, subject to availability.
Payment is required in full prior to delivery. Refunds will not be issued for any circumstances, after the client has signed the delivery checklist.
