Scope of Services Services to Be Provided:

Daisy Diapers will provide the agreed upon purchased package plus any further arrangements agreed upon by both parties.

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Delivery Policy:

Deliveries/Pickups will be made once per week on a designated day unless alternative arrangements are agreed upon. Diapers must be placed on the porch, or agreed upon location, by 8 a.m. on the day of pickup. In the event that the diapers are not placed outside for pickup, an alternative pickup day will be arranged at the company's convenience. A late pickup fee will not be charged on the first offense. After the first offense, the client will be charged a $30 late pickup fee each time the scheduled or rescheduled pickup is missed. Only one set of clean diapers will be delivered until the missed pickup can be retrieved and subscriptions will not be paused or reimbursed.

 

Cancellation​ Policy:

Cancellations must be given a 7 day notice. Cancelling during a billing cycle will result in a prorated refund based on percentage of days of service used during the billing cycle. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.

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Refund Policy:

Starter pack purchase and first month of service will not be refunded. 

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Vacation Policy:

Client can choose to utilize the cloth diapers during their travels or exchange their usual package of cloth diapers for disposable diapers. A refund will not be given for skipping a week of service. Client must notify Daisy Diapers 14 days prior to travel so Daisy Diapers can ensure available inventory.

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Client's Obligations - Billing Arrangements:

In exchange for the Services indicated above, the Client agrees to pay the agreed upon amount listed on the website at the time of purchase.

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Other Work on a Time and Material Basis:

At Client’s request, Daisy Diapers may agree to perform additional services for Client (“Other Work”). Such Other Work will be billed on a time and materials basis, with Daisy Diapers compensated for its time at its standard hourly billing rates in effect at the time of Client’s request, and reimbursed for its expenses incurred.

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General Terms and Conditions:

This Agreement includes certain “General Terms and Conditions,” attached hereto and incorporated by reference as “Exhibit A.”

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Waiver of Liability and Assumption of Risk:

In consideration of the services provided by Daisy Diapers, LLC, Client hereby waives, releases and discharges any and all claims for damage for personal injury, death, or property damage which Client, his/her child, or their agents or invitees may have, or which may hereafter accrue to same, as a result of such services. It is understood that failure to disclose any and all allergies of either me or my child to Daisy Diapers may result in serious harm, up to and including death, and I hereby waive any claim against Daisy Diapers and assume all risk for my failure to properly disclose

any such allergies, whether known or not. It is further agreed that this waiver, release, and assumption of

risk is to be binding on Client’s heirs and assigns. Client agrees to indemnify, defend and hold harmless

Daisy Diapers and the Indemnitees as per Paragraph E of Exhibit A hereto to the fullest extent of the law,

from any loss, liability, damage, cost or expense which may incur as the result of Client’s, or Client’s

child’s, death or any injury or property damage they may sustain while using the services provided by

Daisy Diapers. Daisy Diapers shall not be liable for any loss, liability, cost or expense which may occur

as the result of Client’s misuse or negligence while using any and all cloth diapers provided by Daisy

Diapers. This waiver of liability and assumption of risk expressly includes but is not limited to, such risks

as are inherent for a cloth diaper delivery and laundering service. Daisy Diapers makes no representation

or warranty, and disclaim any and all implied warranties, as to the condition of the cloth diapers and any

laundry products used in the laundering of such cloth diapers, and Client waives all liability and assumes

all risk for same.

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EXHIBIT A - General Terms and Conditions

A. Default. Failure of either party to perform an obligation under this Agreement, including failure of Client to pay Company any sum when due hereunder, shall constitute a default.

B. Company Remedies. In the event of a default by Client for failure to pay a sum due hereunder or other default under this Agreement, Company in its sole and absolute discretion shall have the right, cumulatively in whole or in part, to terminate this Agreement and to suspend or cease providing services or to requote an increased fee for services; to sue Client for legal or equitable relief and to pursue any other remedy available under applicable law.

C. Client Remedies. In the event of a default by Company, the parties agree that the Client’s damages shall be limited to the fees paid to Company pursuant to this Agreement. Company shall not be deemed liable for any losses resulting from advice provided or work done by Company or the Indemnitees, or for lost profits therefrom, or any other incidental or consequential damages, whether or not Client has been advised of the possibility of such damages.

D. Attorneys’ Fees and Costs. In addition to the remedies provided elsewhere herein, in the event of a default by Client, or a claim by Client of a default by Company in which Client does not prevail, the Company shall recover from Client its costs of collection and litigation, including reasonable attorneys’ fees.

E. Indemnification. Client shall indemnify and hold harmless Company, its members, managers, officers, employees, and agents (the “Indemnitees”) from and against any cost, damage, claim, liability or expense occasioned by any negligent or wrongful act of Client or any of Client’s officers, directors, employees, invitees, or agents, and Client shall defend and protect the Indemnitees from and against the same at Client’s own cost and expense. This indemnification shall survive the expiration or earlier termination of this Agreement.

F. Entire Agreement. This Agreement, including any and all exhibits hereto, reflects the entire agreement between the parties respecting the subject matter hereof and supersedes any and all prior agreements, understandings or commitments, written or oral between the parties hereto. This Agreement may only be modified or amended by a subsequent written agreement signed by both parties

hereto. No changes, alterations, additions or deletions to the printed contents of this Agreement shall be effective without the signature or initials of each party to the Agreement at the location of each change, alteration, addition, or deletion.

G. Assignment. Client may not transfer or assign its rights under this Agreement without Company’s prior written consent.

H. Independent Contractors. The relationship between Company and Client is that of independent contractors and not agents or employees. Under no circumstances shall this Agreement be considered a contract of partnership or joint venture. Neither party shall be liable for any of the debts, accounts, obligations or other liabilities of the other party, its agents or employees, and neither party shall

have any authority to obligate or bind the other party in any manner except as may be expressly provided herein.

I. Force Majeure. If any event occurs whereby Company’s performance hereunder is materially hampered, as a result (wholly or in part) of any cause not entirely within Company’s control and which it could not by reasonable diligence have avoided, such as a fire or other Act of God, riot, labor strike, work stoppage, refusal to work, lock-out, slow-down, picketing, boycott, or any other concerted activities, whether engaged in by employees or non-employees of Company, Covid-19 or other infectious disease outbreak, national or local emergency, calamity or other cause not entirely within Company’s control (each a “Force Majeure”), Company’s performance under this Agreement shall be suspended for the period of the Force Majeure, and Company shall return to Client any advance payment

made by Client for the affected period without any further liability or obligation on the part of Company which arises out of such suspension.

J. Choice of Law, Venue. This Agreement is entered into in the State of Illinois, County of McLean, and, in the event of any controversy or litigation, shall be subject to the jurisdiction of, and venue shall be solely in, the Circuit Court for the Eleventh Judicial District, McLean County, Illinois, and governed by and construed in accordance with the laws of the State of Illinois, without regard to its principles of conflicts of laws.

K. No Waiver. No waiver shall be effective unless in writing and executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver in respect of any subsequent breach or default, whether similar or dissimilar in nature, unless expressly so stated in writing.

L. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other

provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

M. Ambiguities. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

N. Headings. Any headings preceding the text of the several sections, paragraphs or subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.

O. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.