PLEASE READ THE FOLLOWING carefully before signing this waiver of liability.
- There are risks, both known and unknown, using any inflatable or amusement device, including, but not limited to physical injury, emotional injury, distress, paralysis and even death. The risk of serious injury from participating in inflatable bounce house activities, although minimal, does exist, as it does in all play and amusement activities.
- If the inflatable bounce house is being used outdoors, I have inspected and reviewed all the safety guidelines and this rental equipment has been received in good condition and will be returned in the same condition (ordinary wear and tear expected) and the bounce house is setup correctly. I will make sure that all the stakes provided for grounding the inflatable bounce house will not be removed from the ground at any time. If there are wind gusts up to 15 MPH, I will remove all individuals from the inflatable bounce house and deflate it to insure safety of all participants.
- I and the children and adults in my care who will participate in any inflatable bounce house activities are physically, mentally and emotionally fit to participate in such activities.
- Should any children be dropped off in my care for use of the inflatable bounce house, I will inform them to follow all rules of participation and will trust their judgment or the judgment or my representative in their safe participation.
- I, on behalf of myself, my children, my family members, children in my care, my heirs and my guests, knowingly and freely assume all risks of injury and agree to hold harmless CUSE BOUNCE HOUSES, LLC its owners and employees with respect to any claims, demands, causes or rights of action, even if arising from the actions, acts of omission or negligence of said entities or individuals.
- Customer agrees to the right for CUSE BOUNCE HOUSES, LLC. to enter premises of customer at any time to repossess said equipment. Customer agrees to reimburse CUSE BOUNCE HOUSES, LLC. for all attorney fees, an amount not less than 50% of all sums due, court costs and expenses incurred by CUSE BOUNCE HOUSES, LLC. to enforce collection or to preserve or enforce rights under this contract. Customer agrees not to loan, sublet or otherwise depose of equipment or use it at any other location. Customer agrees to pay in full the replacement cost, including labor, for all damages to rental equipment. If the inflatable equipment is lost, stolen, or damaged beyond repair the renter agrees to pay the replacement cost stated above to replace said equipment, to CUSE BOUNCE HOUSES, LLC.
It is the responsibility of the person or organization hiring this inflatable equipment to ensure that all possible precautions are taken to avoid injury to people or damage to this inflatable. Please ensure that the following Safety Instructions are followed:
- A RESPONSIBLE ADULT MUST SUPERVISE THE INFLATABLE AT ALL TIMES.
- Absolutely NO SAND, SILLY STRING or FACE PAINT in or around inflatable. There is a minimum cleaning fee of $75.00 if sand or silly string is found in bounce house.
- NO food, drink or chewing gum in or around the inflatable. This will avoid a choking risk and keep the unit clean
- Shoes, glasses, jewelry, badges and anything else that will harm the inflatable MUST be removed before using the inflatable to avoid injury to people using the equipment and harm to the inflatable.
- NO face paints, party poppers, colored streamers or silly string to be used either on or near the inflatable (Please note, these products will cause damage to the inflatable that cannot be repaired)
- NO smoking on or around the inflatable. NO barbeques around the inflatable.
- NO climbing, hanging or sitting on walls as it is dangerous and must not be allowed. Flips and somersaults are not permitted.
- ALWAYS ensure that the inflatable is not overcrowded, and limit numbers according to the age and size of children using it. Try to avoid large and small children from using it at the same time.
- Ensure children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.
- NO pets, toys or sharp instruments on the inflatable at any time.
- Do Not allow anyone to bounce on the front safety step as this is dangerous.
- Please ensure that children are clothed appropriately and that nothing can fall out of their pockets.
- In the event the blower stops working and the inflatable begins to deflate, ensure all children are out of the inflatable immediately. Check cord connection and make sure the blower tube or deflation tube has not come undone or something has not blown onto and is obstructing the blower. In the event that it overheats, or loses power, switch the blower off then switch back on in 1 or 2 minutes, it should restart. If it does not, contact (315) 925-8999 immediately.
- In the event of rain or winds in excess of 15 mph deflate immediately
I AGREE to accept for use as is, the inflatable on the front page of this form and to accept full responsibility for the care of all equipment while it is my possession. I agree to pay full replacement cost of any equipment rented under this agreement that I do not return. There will be a cleaning fee of $75 if inflatable is found to be in an excessively dirty condition.
GENERAL RELEASE/ INDEMNITY/ HOLD HARMLESS
I understand and acknowledge that play on and amusement device entails both known and unknown risk including, but not limited to, physical injury from falling, slipping, crash, or colliding, emotional injury, paralysis, distress, damage or death to any participant. I hereby voluntarily and expressively release, indemnity forever discharge and hold harmless Cuse Bounce Houses, LLC, its members, employees and heirs from any and all liability, claims, demands, calls or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly, attributable to neglect acts or omissions. Should Cuse Bounce Houses, LLC or anyone acting on behalf of Cuse Bounce Houses, LLC be required to incur attorney’s fees and costs to enforce this agreement, I expressly agree to indemnity and hold Cuse Bounce Houses, LLC harmless for all such fees and costs. In the event, I, undersigned, or any of my participants file a lawsuit against Cuse Bounce Houses, LLC, it is agreed to be solely in the state of New York. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. In consideration of being permitted by Cuse Bounce Houses, LLC to use this equipment, the undersigned and his participants agree to indemnity and hold harmless Cuse Bounce Houses, LLC from any and all claim which are brought by the undersigned and/ or their participants. A set of rules and directions are either displayed on all of the moonwalks/ units, or have been provided to the undersigned which I agree to follow and utilize at all times during operation and use of the unit.
Dunk Tank Rentals
This Is A Release Of Legal Rights – Read And Understand Before Signing
In consideration of being allowed to participate and use the Easy Dunker, I hereby agree to waive and release, on behalf of myself, my children, my parents, my heirs, assigns and personal representatives, the right to sue or make any claim against the manufacturer, Delta Manufacturing, dba Twister Displays, or Cuse Bounce Houses LLC, its members and principles.
I further agree and acknowledge the following:
Acknowledgment of Risk: I recognize the fact that there are dangers, inherent and otherwise, which may or may not be expressed in this document, in the use and operation of the “Easy Dunker” dunk tank. These dangers include, but are not limited to, serious injury or death, and I understand that no amount of care, caution, instruction, or expertise can eliminate these dangers. I also recognize the fact that the use of the dunk tank involves physical movements, such as climbing a ladder and falling into a tank of water, and as is the case with all physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. Since the Easy Dunker dunk tank also involves water, the risk of drowning or choking is always possible and cannot be avoided.
Assumption of Risk: In recognition of the known and unknown risks of the above activities, I confirm that I am physically and mentally capable of participating in the activity in using the dunk tank equipment. I have read and understand the safety rules attached to this document and the safety signs and warnings in place on the dunk tank itself. I Expressly Agree and Promise to Accept and Assume All of the Risks Existing in Any Dunk Activity, Including the Risks of Injury, Drowning, or Death. My participation in this activity is purely voluntary, and I knowingly elect to participate in spite of all of these risks.
Safety Rules: I have read the posted safety rules on the dunk tank itself, and I agree to abide by them. Cuse Bounce Houses LLC is not responsible for enforcing these rules on me or other participants using the Easy Dunker dunk tank.
Risks Understood by Child: I have discussed the risks of using the dunk tank with my child, who understands these risks. I have also discussed the importance of following all safety rules attached hereto and posted on the dunk tank.
Entire Agreement: This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in using the Easy Dunker, I may be found by a court of law
to have waived my right to maintain a lawsuit against Cuse Bounce Houses LLC, on the basis of any claim from which I have released them herein. It is the intention of the undersigned to exempt and relieve Cuse Bounce Houses LLC, and associated parties from liability for personal injury, property damage, or wrongful death. I have carefully read all pages of this agreement and fully understand its contents. I sign this at my own free will
Dated: May 28, 2020