THIS RENTAL AGREEMENT (this “Agreement”) is entered into by and between you (“You” or “Your”) and Fashionaholic, L.L.C., an Illinois limited liability company d/b/a By:Fashionaholic with corporate offices at 311 W. Superior St., Chicago, IL 60654 (“Company,” “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent apparel and accessories (each a “Product” and collectively, “Products”) and receive related services (the “Services”) from, the Company through one of our retail locations or mobile stylists. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE UPON NOTICE TO YOU AND ANY CHANGES WILL APPLY TO THE RENTAL OR PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT ANY ORDER FOR PRODUCTS OR OTHERWISE USE, DIRECTLY OR INDIRECTLY, ANY OF OUR SERVICES.

  1. General; Rental Not Purchase; Adult Agreement Required.
    This Agreement contains all the terms and conditions governing Your rental of Products from the Company from time to time. No other terms or conditions (preprinted or otherwise)
    shall have any force or effect, other than our terms and conditions and privacy policy, enacted from time to time, which shall govern the use of our website. You agree and acknowledge that
    You are renting the Products and that ownership of the Products remains with the Company at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method.
  2. Rental; Membership Fees.
    The Company is pleased to offer your FIRST rental of a Product without a commitment to the annual membership (standard per product rental fees and terms apply). Thereafter, the
    rental of Products shall be based on one (1) year (“Term”) memberships (“Membership”) at a cost of $1,000 per year (“Rental Fee” or “Membership Fee”). Unless You notify the Company of
    Your desire to cancel your Membership within the thirty (30) days prior to the expiration of the Term, Your Membership shall automatically be renewed for an additional Term. The Company may use the payment information You previously provided for each renewal of Your Membership.
  3. Our Commitments to You.
    a. Delivery to You. You may request delivery of the Products ordered (including the specified size, color and design) at an extra cost, which will be delivered by a stylist on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color
    and style than the photos displayed on our website or in any other photos published by the Company. Our liability to You for failure to do deliver the Product as ordered is limited to the
    timely delivery of Product as ordered or a refund of a prorated amount of the Rental Fee (excluding insurance and delivery charges) as determined by us.
    b. Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the same day for certain orders placed by 2 p.m. in Chicago, Illinois, subject to the additional delivery charge as may be set forth on the website or in our retail locations. Otherwise, all deliveries outside of Chicago, Illinois will be through the Company’s shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of the Company. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and the Company shall not be held liable for any health-related complaints associated with a product rented from our retail locations.
    c. Returns; Packaging. If you reside outside of a six (6) mile radius of the Company’s showroom or request delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to the Company (“Return Packaging”). If You reside in Chicago or within a six (6) mile radius of Chicago city limits any Product returned will be picked up by our courier service.
    d. Services. In our retail locations, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results, and may be provided by third-parties.
  4. Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.
    a. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). If, however, You opt to have Your Products delivered in Chicago, Illinois by courier service, You agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, The Company does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which You will be held liable.
    b. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, minor rips or tears, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with your rental of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. Whether damage to a Product qualifies as “normal wear and tear” shall be determined by the Company in its sole and absolute discretion.
    c. Return of the Products; Extensions.
    i. You agree to return the Products to the Company in the Return Packaging on the return date for the Products that is identified in the invoice for Your order. You may extend Your order for a Product by phone or in person with the Company, subject to availability. You must return the Product by delivering the Product in the Return Packaging to a domestic store location for the carrier provided for on the Return Packaging by 12 p.m. (Central time) on or before the date that the Product is due.
    ii. For each day that a Product’s return is late a late fee equivalent to one (1) rental period will be asses and charged to the payment card You used to pay the Membership Fee or to any other payment card included in Your account information that You have provided to the Company for each day that you are late returning the Products, and You agree to pay such late fees.
    iii. If You fail to return the Products the Company may charge You an amount equal to 100% of the entire original retail value of that Product (when new) (the “Retail Value”) plus applicable sales taxes; provided that we will only charge Your payment card for an amount greater than the Rental Fee in the circumstances set forth in Section 4(c)(iv) below.
    iv. The Company reserves the right to charge an amount greater than the Retail Value of an unreturned Product (not to exceed 200% of the Retail Value, as detailed in Section 4(d) below) in the event that such Product is not reasonably available for replacement, as may be the case for certain high end bags, to be determined at the sole discretion of the Company.
    v. If you have not returned a Product within twenty (20) days after the return date for the Product, Your late return will be considered a non-return and the Company will charge Your payment card the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
    vi. The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late.
    vii. The Company reserves the right to charge your payment card a deposit equal to 50% of the Retail Value for certain top tier clothing products, which shall be designated by the Company in its sole discretion.
    viii. If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing The Company with a tracking number. Any damage resulting from packaging in this instance will be Your sole responsibility.
    d. Payment of 200% of Retail Value. We will not charge You for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us an amount equal to 200% of the Retail Value under this Section 4 and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by You pursuant to this Section 4.
    e. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
    f. Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in
    our discretion.
    g. Email. We will use the preferences and orders You provide to us by phone, email or in our retail locations when placing your orders to send You e-mails and other marketing
    materials for other Products. You may opt out of receiving those e-mails by emailing info@byfashionaholic.com or following the links provided at the bottom of those e-mails when
    available.
    h. Media Release. By signing this agreement You hereby irrevocably grant to the Company its assigns, employees, managers, members, agents, affiliates, licensees, independent
    contractors and successors the right and permission to use, adapt, reproduce, distribute, display and publicly perform Your name, image, voice and other likeness, in whole or in part,
    worldwide, in and in connection with the social media of the Company and/or the production and distribution of any videos or photos involving the Company in which You participated, and in any and all media now know or hereafter devised. Further, You hereby release and discharge the Company its assigns, employees, managers, members, agents, affiliates, licensees, independent contractors and successors, from any and all claims, demands, liabilities, or causes of action that You may have against them by reason of anything contained in such media.
  5. Details on Our Commitment to You.
    a. Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of
    this Agreement.
    b. Remedies. Your sole and exclusive remedy and the Company’s sole and exclusive liability for a breach of the Company’s limited warranty shall be, at the Company’s option, the
    Company’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of a prorated amount of the Rental Fee (excluding insurance and delivery charges).
    c. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
  6. Limitation of Liability.
    a. No Indirect Damages. IN NO EVENT SHALL THE COMPANY (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES OR LOSSES.
    b. Limited Direct Damages. THE COMPANY’S (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
    c. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
  7. Governing Law.
    This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Illinois. If a judicial proceeding is necessary, then the only forums for resolving disputes
    arising under or relating to this Agreement shall be either the state courts located in Cook County, Illinois, or the Federal District Court for the Northern District of Illinois, and all related
    appellate courts and You hereby consent to the jurisdiction of such courts.
  8. Miscellaneous.
    This Agreement, as may be amended from time to time, and including the website Terms and Conditions and Privacy Policy referenced in this Agreement and implemented by the
    Company from time to time, constitute the entire agreement between You and the Company with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by the Company. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. You shall not assign this Agreement without the Company’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 5-7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. The Company shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.