FLIPJOY FOR BUSINESSES PROGRAM TERMS OF SERVICE
Effective Date: October 25, 2025
1. Scope and Incorporation
1.1 Applicability. These FlipJoy for Businesses Program Terms (“Program Terms”) apply to businesses and organizations (each, a “Business Partner”) that receive toys from FlipJoy, LLC (“FlipJoy”) for on-premises use by the Business Partner’s customers, patients, visitors, or students.
1.2 Incorporation of Other Terms. These Program Terms supplement and incorporate FlipJoy’s Terms of Service, Privacy Policy, and Release of Liability. Nothing in these Program Terms limits or reduces any protection for FlipJoy in the general Terms.
1.3 Entire Agreement. These Program Terms, together with the incorporated documents referenced in Section 1.2, constitute the entire agreement between FlipJoy and the Business Partner with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
2. Condition of Toys; Used Goods; Warranties
2.1 Pre-owned Condition. All toys provided under this Program are pre-owned, cleaned, and sanitized before delivery, and may show reasonable wear from prior use.
2.2 “As Is” Service. The service is provided “as is” and, to the fullest extent permitted by law, FlipJoy disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
2.3 No Additional Warranties. FlipJoy makes no representation or warranty that the toys will meet the Business Partner’s specific requirements or expectations. FlipJoy does not warrant that the toys will be error-free, uninterrupted, or free from defects.
2.4 Limitation of Remedies. The Business Partner’s exclusive remedy for any defective toy shall be limited to the removal of such toy from circulation and notification to FlipJoy as specified in Section 10.2.
3. Delivery and Transfer of Responsibility
3.1 Delivery Process. FlipJoy will deliver toys to the Business Partner’s designated location according to the schedule specified in the selected plan.
3.2 Transfer of Responsibility. Upon delivery to the agreed location, risk of loss and responsibility for supervision, safe use, daily cleaning, and monitoring of toy condition transfers to the Business Partner.
3.3 Acceptance of Delivery. The Business Partner’s acceptance of delivery constitutes acknowledgment that the toys were received in satisfactory condition, except as specifically noted in writing at the time of delivery.
3.4 Documentation of Delivery. FlipJoy may require the Business Partner to sign a delivery receipt or other documentation confirming the delivery of toys. The Business Partner shall designate authorized personnel to accept deliveries.
4. Business Partner Responsibilities After Delivery
4.1 Inspection Obligations. The Business Partner shall:
• Inspect all delivered toys at receipt and during the term
• Conduct regular inspections to ensure toys remain in suitable condition for use
• Document any issues discovered during inspections
4.2 Removal of Unsuitable Toys. The Business Partner shall remove from circulation any toy that becomes worn, broken, or otherwise unsuitable for use, and shall store such toys in a secure location until FlipJoy’s next scheduled pickup or rotation.
4.3 Supervision Requirements. The Business Partner shall:
• Supervise children during use of the toys
• Ensure age-appropriate use of all toys
• Follow applicable health and safety rules
• Implement appropriate supervision protocols
4.4 Cleaning Responsibilities. The Business Partner shall:
• Perform routine daily cleaning between FlipJoy rotations
• Use appropriate cleaning methods and materials
• Maintain sanitary conditions for all toys in circulation
• Document cleaning procedures as may be reasonably requested by FlipJoy
5. FlipJoy's Role During the Term
5.1 Rotation Services. FlipJoy shall:
• Provide rotation, delivery, and pickup according to the selected plan
• Replace the set at each scheduled rotation
• Maintain records of all rotations and deliveries
5.2 Quality Control. FlipJoy shall:
• Clean and sanitize all toys before delivery to the Business Partner
• Inspect toys for safety and suitability before delivery
• Remove from circulation any toys that do not meet FlipJoy’s quality standards
5.3 Communication. FlipJoy shall:
• Provide reasonable notice of scheduled deliveries and pickups
• Communicate any changes to the rotation schedule
• Respond to Business Partner inquiries within a reasonable time
5.4 Limitations. FlipJoy is not responsible for:
• Daily supervision of toy use
• Continuous monitoring of toy condition between rotations
• Injuries or damages arising from the use of toys after delivery
6. Ownership and Return
6.1 Retention of Title. If the Business Partner is on a rotation plan, title to all toys remains with FlipJoy. The Business Partner acknowledges that it acquires no ownership interest in the toys. If the Business Partner is on a swap plan, then toys delivered in that exchange become theirs to keep.
6.2 Term of Possession. If the Business Partner is on a rotation plan toys are provided for the rental or rotation term only and must be returned at the scheduled pickup or rotation.
6.3 On-Premises Use Restriction. Toys are for on-premises use only unless FlipJoy agrees in writing to alternative arrangements. The Business Partner shall not remove toys from the designated premises without prior written authorization from FlipJoy.
6.4 No Modifications or Repairs. The Business Partner will not modify or repair toys. Any alterations to the toys, including but not limited to repairs, modifications, or decorations, are strictly prohibited.
6.5 Replacement Fees. FlipJoy may charge reasonable replacement fees for toys that are:
• Lost or not returned
• Damaged beyond normal wear and tear
• Returned in unsanitary condition
• Modified or altered in any way
Replacement fees shall be based on the fair market value of the toy, taking into account its age, condition, and replacement cost. FlipJoy shall provide a schedule of standard replacement fees upon request.
7. Access and Scheduling
7.1 Access Requirements. The Business Partner will provide safe access for delivery and pickup at the scheduled times, including:
• Adequate parking or loading/unloading areas
• Clear pathways for transport of toys
• Appropriate storage areas accessible to FlipJoy personnel
• Necessary security clearances or access permissions
7.2 Scheduling. FlipJoy will provide the Business Partner with a schedule of planned deliveries and pickups. Any changes to this schedule must be communicated with reasonable advance notice.
7.3 Missed Appointments. If access is not available or a visit is missed or rescheduled with insufficient notice (less than 48 hours), FlipJoy may charge a reasonable fee to cover additional costs incurred.
7.4 Rescheduling. Requests for rescheduling must be submitted in writing at least 48 hours in advance of the scheduled delivery or pickup time. FlipJoy will make reasonable efforts to accommodate such requests but cannot guarantee availability of alternative times.
8. Allocation of Risk After Delivery
8.1 Limitation of Liability. After delivery, FlipJoy is not responsible for injuries, damages, or losses arising from the use or presence of toys on the Business Partner’s premises, in addition to the release, hold harmless, and indemnification provisions in Section 12.
8.2 Business Partner’s Assumption of Risk. The Business Partner assumes all risks associated with the possession, use, and storage of the toys after delivery, including but not limited to: (a) personal injury to users or bystanders; (b) property damage; (c) loss or theft of toys; (d) damage to toys beyond normal wear and tear.
8.3 Insurance. The Business Partner is advised to maintain appropriate insurance coverage for potential liabilities arising from the use of toys on its premises.
9. Safety and Supervision
9.1 Supervision Requirements. The Business Partner shall supervise all children during their use of the toys, ensure that toys are used only in an age-appropriate manner, comply with all applicable health and safety rules, and post reasonable supervision or age guidance notices where appropriate.
9.2 Safety Standards. The Business Partner shall ensure that all toys are used in accordance with manufacturer recommendations, age-appropriate guidelines, industry safety standards, and all applicable laws and regulations.
9.3 Safety Signage. The Business Partner shall post clear signage indicating any age restrictions for specific toys, applicable supervision requirements, proper use instructions, and any warnings or precautions necessary to ensure safe play.
9.4 Staff Training. The Business Partner shall ensure that staff members responsible for supervising toy use are properly trained in age-appropriate toy selection, effective supervision techniques, identification and removal of damaged or unsafe toys, and implementation of emergency procedures.
10. Recalls and Safety Notices
10.1 Notification Process. If FlipJoy issues a safety or recall notice for any toy, the Business Partner shall promptly remove the affected toy from use and follow FlipJoy’s instructions for return or replacement.
10.2 Business Partner Obligations. Upon receiving a recall or safety notice, the Business Partner shall immediately remove the affected toys from circulation, secure them in a location inaccessible to children, document their removal, and comply with FlipJoy’s instructions for return, replacement, or disposal.
10.3 FlipJoy Obligations. When issuing a recall or safety notice, FlipJoy shall provide clear identification of the affected toys, specify the procedures for return or replacement, arrange for pickup if necessary, and provide replacement toys when appropriate.
10.4 Compliance. Both FlipJoy and the Business Partner shall comply with all applicable laws and regulations relating to product recalls and safety notices.
11. Incident Reporting
11.1 Reporting Requirement. If any incident involving a toy results in an injury, an alleged defect, or removal from service for safety reasons, the Business Partner shall notify FlipJoy within forty-eight (48) hours so that FlipJoy may assist with evaluation and rotation.
11.2 Purpose of Notice. The purpose of such notice is to enable coordinated evaluation and product quality monitoring. Nothing in this section expands or modifies FlipJoy’s obligations, warranties, or limitations of liability.
11.3 Reporting Process. The Business Partner shall report incidents by promptly contacting FlipJoy’s designated representative, providing a written description of the event, identifying the toy or toys involved, describing any injuries or property damage, and preserving the toy in its post-incident condition until FlipJoy has completed its review.
11.4 Cooperation. The Business Partner shall cooperate fully with FlipJoy in any investigation of a reported incident, including providing access to the toys involved and to any relevant documentation or information.
12. Release and Indemnification
12.1 Release and Waiver. To the fullest extent permitted by law, the Business Partner releases, waives, and agrees to hold harmless FlipJoy, LLC, together with its owners, employees, and agents, from and against any and all claims, liabilities, damages, demands, or causes of action arising from or related to the use or presence of toys on the Business Partner’s premises after delivery.
12.2 Indemnification. The Business Partner shall defend, indemnify, and hold FlipJoy harmless from any third-party claims arising out of or related to the use of toys on its premises, including claims asserted by customers, visitors, or parents or guardians, except where such indemnification is prohibited by law.
12.3 Scope of Indemnification. The Business Partner’s indemnification obligations include payment of all defense costs, attorneys’ fees, settlement amounts, judgments, and any other costs or expenses reasonably incurred in connection with such claims.
12.4 Procedure for Indemnification. In the event of a claim subject to indemnification, FlipJoy shall promptly notify the Business Partner of the claim, the Business Partner shall assume the defense of the claim, and FlipJoy shall cooperate in that defense. The Business Partner shall not settle any claim without FlipJoy’s prior written consent, which shall not be unreasonably withheld.
13. Assent and Authority
13.1 Methods of Assent. By agreeing to the Terms at sign-up, including by checking the required box, submitting the business sign-up form, paying a FlipJoy invoice or payment link, accepting delivery, or allowing toys to be used on the premises, the Business Partner agrees to be bound by these FlipJoy for Businesses Program Terms and the general Terms.
13.2 Authority Representation. The Business Partner represents that the individual taking such action has full authority to bind the organization.
13.3 Electronic Signatures. The parties agree that electronic signatures, whether digital or encrypted, are intended to authenticate this writing and shall have the same force and effect as manual signatures.
13.4 Counterparts. These Program Terms may be executed in one or more counterparts, each of which will be deemed an original, and all of which together shall constitute a single instrument.
14. Term and Termination
14.1 Term. This Agreement shall commence upon the Business Partner’s assent as described in Section 13.1 and shall continue until terminated as provided herein.
14.2 Termination by FlipJoy. FlipJoy may terminate this Agreement immediately upon written notice if the Business Partner breaches any material term of this Agreement, or without cause upon thirty (30) days’ written notice.
14.3 Termination by Business Partner. The Business Partner may terminate this Agreement at the end of any rotation cycle by providing at least thirty (30) days’ prior written notice, or with cause if FlipJoy materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice.
14.4 Effect of Termination. Upon termination, the Business Partner shall immediately cease use of all toys, provide FlipJoy access for pickup within ten (10) business days, and remain responsible for any outstanding fees or charges. FlipJoy shall arrange for retrieval of all toys within the same period. The Business Partner’s indemnification obligations and all provisions that by their nature should survive termination shall remain in effect.
15. Dispute Resolution
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state where FlipJoy’s principal place of business is located, without giving effect to any conflict-of-law principles.
15.2 Negotiation and Mediation. The parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through prompt negotiation between representatives with authority to settle the controversy. If negotiations are unsuccessful, the parties shall submit the dispute to mediation before resorting to arbitration or litigation. Mediation shall be conducted by a mutually agreed mediator.
15.3 Arbitration. If mediation does not resolve the dispute, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. All proceedings shall take place in the county and state of FlipJoy’s principal office.
15.4 Costs and Attorneys’ Fees. The prevailing party in any arbitration or related proceeding shall be entitled to recover its reasonable attorneys’ fees and costs.
16. Miscellaneous Provisions
16.1 Force Majeure. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, embargo, or labor disruption.
16.2 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver. No waiver of any term or right shall be effective unless in writing and signed by an authorized representative of the waiving party. Failure to enforce any provision shall not constitute a waiver of future enforcement.
16.4 Assignment. The Business Partner may not assign or transfer this Agreement, in whole or in part, without FlipJoy’s prior written consent, and any unauthorized assignment shall be void.
16.5 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective when personally delivered, when received by electronic mail, or three (3) days after being mailed by certified or registered mail to the address designated by each party.
16.6 Relationship of the Parties. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between the parties. Neither party has authority to bind the other in any manner.
16.7 Headings. The headings in this Agreement are for reference only and do not affect interpretation.
16.8 Survival. Provisions that by their nature should apply beyond the term of this Agreement shall remain in force after termination or expiration, including but not limited to Sections 12 (Release and Indemnification), 15 (Dispute Resolution), and any accrued rights to payment.