TOYDASH TOY RENTAL SERVICE — LIABILITY WAIVER, ASSUMPTION OF RISK & TERMS OF SERVICE
IMPORTANT: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.
Effective Date: April 19, 2026 Version: 1.1
This Liability Waiver, Assumption of Risk, and Terms of Service Agreement ("Agreement") is entered into between Southern Utah Solutions LLC, doing business as ToyDash ("ToyDash," "we," "us," or "our"), a Utah limited liability company, and the subscribing member ("Member," "you," or "your").
BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN.
1. NATURE OF SERVICE
ToyDash provides a toy rental subscription service. We deliver pre-owned, cleaned, and inspected toys to your household and periodically exchange them for different toys. All toys in our inventory are pre-owned items that have been used by other families prior to delivery to you.
2. ASSUMPTION OF RISK
You acknowledge and voluntarily assume the following risks associated with the ToyDash service:
a) PRODUCT RISKS: Toys may contain small parts, moving components, or materials that could present choking hazards, pinch points, or other injury risks to children. Despite our inspection procedures, latent defects may exist that are not discoverable through reasonable inspection.
b) HYGIENE RISKS: All toys are pre-owned and have been in the possession of other households. While we follow cleaning and sanitization protocols, we cannot guarantee the complete elimination of all bacteria, viruses, allergens, or contaminants. There is an inherent risk of exposure to communicable illness, allergens (including but not limited to latex, nuts, pet dander, dust mites), and other biological agents.
c) AGE-APPROPRIATENESS RISKS: Despite our efforts to match toys to age groups, some toys may not be suitable for all children within a given age range due to individual developmental differences, sensitivities, or special needs.
d) PROPERTY RISKS: Toys may cause cosmetic or structural damage to your property (including floors, walls, furniture, and personal belongings) during normal use.
3. PARENTAL RESPONSIBILITY & SUPERVISION
You acknowledge that YOU are solely responsible for:
a) Supervising your children during all toy use;
b) Inspecting each toy upon delivery for visible damage, missing parts, or potential hazards before allowing any child to use it;
c) Determining whether each toy is age-appropriate and safe for your specific child(ren), considering their age, developmental stage, known allergies, and any special needs;
d) Immediately removing from use and reporting to ToyDash any toy that appears damaged, defective, or unsafe;
e) Following all manufacturer age recommendations and warning labels on toys;
f) Ensuring toys are used in accordance with their intended purpose.
FAILURE TO SUPERVISE CHILDREN DURING TOY USE OR TO INSPECT TOYS UPON DELIVERY CONSTITUTES NEGLIGENCE ON YOUR PART.
4. PRODUCT SAFETY & RECALL COMPLIANCE
a) ToyDash monitors the U.S. Consumer Product Safety Commission (CPSC) recall database and removes recalled toys from circulation upon notification.
b) If you receive a toy that you believe has been recalled or presents a safety hazard, you must immediately stop using the toy, secure it away from children, and contact ToyDash within 24 hours.
c) ToyDash is not the manufacturer of any toys in our inventory. We are a rental service provider and make no warranties regarding the design, manufacture, or fitness for any particular purpose of any toy.
d) We comply with the Consumer Product Safety Improvement Act (CPSIA) and ASTM F963 toy safety standards in our inventory selection and inspection processes.
5. HYGIENE & SANITATION DISCLOSURE
a) Our cleaning process includes surface cleaning, sanitization, and inspection of all toys between rental cycles. Specific procedures vary by toy material and type.
b) DESPITE THESE PROCEDURES, WE CANNOT AND DO NOT GUARANTEE THAT TOYS ARE FREE OF ALL GERMS, BACTERIA, VIRUSES, MOLD, ALLERGENS, OR OTHER CONTAMINANTS.
c) If anyone in your household has known allergies, immune deficiencies, or communicable illnesses, you accept additional risk in using this service and should take appropriate precautions (including wiping down toys with your own preferred cleaning solution upon receipt).
d) You agree to notify ToyDash if toys were exposed to communicable illness during your rental period so we can take appropriate sanitization measures.
e) SMOKE-FREE & HAZARD-FREE ENVIRONMENT: You agree to keep all ToyDash toys in a smoke-free environment at all times. Toys must not be exposed to tobacco smoke, vape aerosol, marijuana smoke, or other heavy smoke or persistent strong odors that cannot be removed by our standard cleaning. Toys returned with smoke odor, nicotine residue, or other contamination that prevents normal sanitization for the next family may be assessed a deep-cleaning fee, or, if the toy cannot be remediated, the replacement cost of the toy (not exceeding $200 per toy).
6. PROPERTY DAMAGE
a) DAMAGE TO YOUR PROPERTY: ToyDash shall not be liable for any damage to your property caused by normal use of rental toys, including but not limited to scratches, dents, stains, or marks on floors, walls, furniture, or personal belongings.
b) DAMAGE TO RENTAL TOYS: You are responsible for returning toys in the same condition as received, subject to normal wear and tear. You may be charged for toys that are lost, stolen, or damaged beyond normal wear, up to the replacement cost of the toy (not exceeding $200 per toy).
c) MISSING PARTS: You will be notified of any missing parts at return inspection. Replacement part fees will not exceed $25 per incident.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY UTAH LAW:
a) ToyDash's total liability to you for any and all claims arising from or related to this Agreement or the service shall not exceed the total subscription fees paid by you in the three (3) months immediately preceding the claim.
b) IN NO EVENT SHALL TOYDASH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOST PROFITS, OR EMOTIONAL DISTRESS DAMAGES.
c) This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).
d) NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD BY TOYDASH.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ToyDash, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
a) Your failure to supervise children during toy use;
b) Your failure to inspect toys upon delivery;
c) Your misuse of toys or use contrary to manufacturer instructions;
d) Damage to rental toys caused by your household;
e) Your breach of this Agreement;
f) Any claims by third parties arising from your use of the service.
This indemnification does not apply to claims arising from manufacturing defects in toys, as provided under Utah Code § 78B-6-707.
9. DISPUTE RESOLUTION & ARBITRATION
a) Any dispute, claim, or controversy arising out of or relating to this Agreement shall first be attempted to be resolved through informal negotiation by contacting ToyDash at hello@toydash.io.
b) If informal resolution fails within thirty (30) days, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
c) Arbitration shall take place in Washington County, Utah, unless both parties agree to another location or virtual proceedings.
d) THIS ARBITRATION CLAUSE IS MUTUAL — BOTH YOU AND TOYDASH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.
e) The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
f) Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws provisions. To the extent litigation is permitted, venue shall be in the state or federal courts located in Washington County, Utah.
11. SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. All remaining provisions shall continue in full force and effect.
12. ENTIRE AGREEMENT & MODIFICATIONS
a) This Agreement constitutes the entire agreement between you and ToyDash regarding the subject matter herein and supersedes all prior agreements.
b) ToyDash reserves the right to modify this Agreement. Material changes will be communicated via email and/or in-app notification. Continued use of the service after notification constitutes acceptance of modified terms.
c) If you do not agree with modifications, you may cancel your membership before the next billing cycle.
13. ELECTRONIC SIGNATURE CONSENT
By clicking "I Agree" below, you: a) Consent to conducting this transaction electronically pursuant to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Utah Uniform Electronic Transactions Act (UETA); b) Confirm that you have the ability to access and retain a copy of this Agreement in electronic form; c) Acknowledge that your electronic signature has the same legal force and effect as a handwritten signature; d) Confirm that you are the parent or legal guardian of all children in your household who will have access to ToyDash toys; e) Confirm that you are at least 18 years of age and legally competent to enter into this Agreement.