Bounce House Rental Agreement & General Release
NOTE: *Pickup time is approximate. Driver may anive as early as the 'end" of the 'Rental Period" or as late as two hours after "End' of "Rental Period'. Customer is responsible for all the equipment until it is picked up by our driver. *Refundable if dry, clean and not damaged, etc. Unit will not be set-up if raining, high winds, no one present, not a flat level grass area or any other reason that it will not be a safe rental. lf raining another date may be booked if available, or a full refund will be applied.
Terms and Conditions:
I Agree 1. Safety/Operating lnstructions:
ln addition to the information set forth in this agreement, customer acknowledges that there are safety and operating instruciions on the equipment
delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges and understands that The West Coast Martial Arts Academy has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer further agrees to keep all equipment away from swimming pool(s) and any water supply and customer understands and agrees that they will not operate
any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and all risk of injury or damage. ln particular, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from customer on the safe operation and use of the equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation.
I Agree 2. General Release/lndemnity/Hold Harmless:
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Customer
acknowledges that they are in charge of the operation, installation and use of the Rental Equipment, and are fully responsible for its safe operation and installation as well as the retum of the Rental Equipment in good working order. Customer acknowledges and agrees that Lessor is not responsible for any injury occurring to Customer, or any guests of Customer or to any other persons using the Rental Equipment, or to any claims by any other person(s) injured by or on account of the Rental Equipment, while the equipment is in the possession of the Customer. Customer agrees to defend, indemnify and hold harmless Lessor from and against any and all liability, claims, judgments, attorneys fees, and costs, of every kind and nature, including, but not limited to, injuries or death to persons and/or damage to property, whether or not such claimant is known or unknown to Customer, which arises out of the use, maintenance, installation, operation, instruclion, possession, or rental of any of the Rental Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Rental Equipment is in the actual or constructive possession of Customer. These General Release, lndemnity and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of the negligence, whether adive or passive, of Lessor or Lessor's suppliers, agents, employees, contractors, drivers or installers.
I Agree I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE NEXT PAGES, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM EITHER THE CUSTOMER NAMED ABOVE, OR AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPTT,IENT AND TO SIGN THIS AGREEMENT ON THEIR BEHALF AND AS THEIR AGENT. FURTHERMORE, I AGREE THAT I AM ALSO BINDING fIIYSELF PERSONALLY AS AN ADDITIONAL PARTY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
I Agree Remove Shoes at all Times upon Entering Bounce House.
Bounce House will not be set up if Raining, Threat of Rain or Winds over 20 MPH.
ADDITIONAL TERMS AND CONDITIONS
ln consideration of the hiring of that certain Rental Equipment described on the first page of this Rental Agreement and General Release and in addition to all of the terms and conditions as set forth in this agreement, the parties do further agree as follows:
3. ldentity of parties:
For the purposes of this Rental Agreement and General Release, "Lessor or "West Coast Martial Arts Academy" shall mean 'West Coast Martial Arts Academy", its owners, officers, directors, shareholders, employees, contractors, agents and "Customer shall mean the person(s) or company listed in the 'ordered by" and/or "customers boxes on the front side of this agreement, as well as the person signing the agreement (if different), and their agents and/or employees.
4. Equipment, Rent, Payment, and Term of Rental Agreement:
Customer rents frorn "West Coast Martial Arts Academy", as Lessor, that certain equipment described on the front side of this Agreement. The rental fee
set forth is payable, in full, in advance, and the rental term shall be that listed as "RENTAL PERIOD" of this Agreement, but all of Custome/s obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the adual pick up of the Rental Equipment by Lessor. Lessor cannot guarantee weather conditions, and if the Equipment is delivered by Lessor and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if weather conditions prohibits safe use of the Equipment, or if Customer othenivise elects not to use the Equipment due to weather or other causes.
I Agree 5. Delivery:
Lessor shall deliver the Rental Equipment to the street address specified by Customer as listed on the front side of the Agreement. Customer
grants to Lessor the right to enter the property at the said street address (Delivery Address) for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times.
I Agree 6. Receip/lnspection of Rental Equipment:
Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the rental
equipment and will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Custome/s needs. Customer acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order.
I Agree 7. Possession/Titler
Customers right to possession of the Rental Equipment begins upon the items being delivered to Customeis premises and terminates on the
actual pick up by Lessor. Retention of possession, or any failure to permil the pick up of the item(s) at or after the end of the 'Rental Period' specified constitutes a material breach of this Agreement. ln the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to Lessor the full replacement value for such Equipment as listed on the front side of the Agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Lessor. Title to the rental items is and shall remain in Lessor. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Leseo/s delivery of the items, until Lessor picks up such items. Customer shall not cause nor permit these items, or any of them , to be sublet, rented, sold, or removed from the Delivery Address, or otheruise transfer such items. lf rental items are not retumed and/or levied upon for any reason whatsoever, Lessor may retake possession of said items without further notice or legal proc€ss and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend, and hold Lessor harmless from any and all claims and costs arising from such retaking and/or levy. lf rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify Lessor immediately.
I Agree 8. Care of the Rental Equipment:
Remove Shoes at all Times upon Entering Bounce House. Customer shall be responsible for any and all damage to any of the Rental
Equipment not caused by ordinary wear and tear. "Ordinary wear and tea/' shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Bounce House will not be set-up in the event of rain or the threat of rain. Customer shall be liable to Lessor for any and all damage which is not'ordinary wear and tear". ln an amount equal to the replacement value listed on the first page of this Agreement. Damage which is not "ordinary wear and tear" includes, but is not limited to, cutting or tearing of vinyl or netting, dam- age due to overturning, overloading, exceeding rated capacities,
breakage, improper use, abuse, lack of cleaning, drying due to rain and/or not limited to sprinkler system, hoses, super soakers, eci., contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string (see Paragraph 10), mud, clay, or other materials.
I Agree 9. Equipment Problems: Should any equipment develop a problem, or does not function correctly at anytime, or Gustomer does not understand the operating instructions, Customer agrees to immediately cease use of that equipment.
ln particular, if the equipment includes a Moon Bounce, or Bounce House, and the Moon House/Bounce House begins to deflate customer will immediately have the riders exit the Moon Bounce/Bounce House and then check for one of the following conditions:
1) The motor has stopped; in which case check the power cord connection at the outlet where the unit plugs into the house or generator or power outlet to make sure that it has not been unplugged.
2) lf motor continues to run, check for blockage of the air intake screen on the side of the blower unit. Also, check both air tubes on the back of the Moon Bounce/Bounce House unit for snugness and tighten the ties if necessary or if disconnected, re-connect to blower.
3) lf either of these steps correcfs the problem, fully re-inflate the Moon Bounce/Bounce House prior to permitting anyone to use the unit. 4) lf you cannot correct the problem, call The Plcnic Table Factory 603-432-8734!
Signature of Acknowledgment
Remove Shoes at all Times uoon Entering Bounce House.
I Agree 10. Specific Rules and Instructions for the Bounce House Unit:
The following rules and warnings must be obeyed in the use of the Bounce House unit:
A) All safety and operating instructions contained on the Bounce House must be complied with and followed at all times.
B) For the safety of all CHILDREN. ADULT SUPERVISION IS REOUIRED AT ALL TIMES! A responsible ADULT must supervise the Bounce House at 4( times. No one shall operate, supervise or enter the Bounce House, ifunder the influence ofALCOHOL, DRUGS or any other legal or illegal drug or substance. No one should enter the Bounce House with any type of existing injury.
C) No "Silly String" is permitted to come in contact with the inside or outside of the Bounce House use, this causes ineparable damage to the Bounce House, and Customer acknowledges that ifthe Bounce House is damaged by "Silly String" or any product like "Silly String", or damaged in any way, then a $2.900.00 fee shall be automatically imposed by Lessor and shall be immediately due and payable by Customer.
D) Please have bouncers remove items such as glasses, dangle earrings, anklets, bracelets, belts, shoes, and any sharp or bulky items that may reside in pockets.
E) No Hone Play in or around bounce house at anltime. Do not play or climb on outside walls, netting side column or roof of Bounce House.
F) WARNING - extra caution and supewision are required for children ages three (3) and under.
G) WARNING - it is unsafe to stay in Bounce House if winds exceed 15 miles per hour (MPH) or raining or threat of rain. Have all persons exit Bounce House, then unplug the blower unit and let Bounce House deflate.
H) WARNING - Individuals with head, neck, back or other muscular-skeletal injuries or disabilities, pregnant women, small infants, and others who may be susceptible to injury from falls, bumps or bouncing are not permitted in the Bounce House at any time.
I) Do not move the Bounce House from the location where set-up.
J) Ifthe Bounce House Unit moves, pull comers back to their original locations and secure comers. For other questions regarding the safe installation ofequip- ment, please call The Picnic Table Factory 6034324734. immediately.
K) Do not let Bounce House rub up against any surface.
L) Absolutely no food or drinks inside the Bounce House.
"I have read and understand the terms outlined in paragraph l0'. INITIAL HERE
I Agree 11. Limited Warranfy:
Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. All equipment is
supplied and maintained subject solely to this warranty. Lessor's sole and exclusive obligations under this warranty is limited to repair or replacement ofthe rental equipment when l,essor determines that it does not conform to this warranty. kssor makes no warranty of merchantability or fitness for any particular use or purpose! either express or implied. There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is ffee oflatent defects.
Lessor shall not be responsible to Customer or to any third party for any loss, damage, or injury resultiog from, or in eny way attributable to the operation of, installation of, use of. or any failure of the rental equipment Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
I Agree 12. Compliance with Laws:
Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer
agrees at his/her/their sole cost and expense to comply with all municipal, county, state, federal or other govemmental or
quasi-govemmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agre€s to pay all licenses, fines, fees, permits, or taxes arising from Customer's use ofthe rental equipmen! including any subsequently determined to be due. Customer is solely responsible for obtaining anylall permits and/or licenses from the appropriate govemment agencies prior to use.
I Agree 13. Legal Fees:
In the event thal an attorney is retained to enforce any provision ofthe Agreement, the prevailing party shall be entitled to recover reasonable attomey's fees
and court costs in such action or proceeding, n an amount to be determined by the court or arbitrator.
I Agree 14, Customer Acknowledgment:
Customer acknowledges and certifies that they have had a sufticient opportunity to read this entir€ Agreement, and agree to be bound by all the terms and
conditions on both sides and that they understand its content and that they execute it fieely, intelligently and witlrout duress of any kind.
I Agree 15. Entire Agreement:
This Agreement constitutes the full agreement between Lessor and Customer. Any prior agreements, whether written or oral, promises, negotiations or
representations not expressly set forth herein shall be of no force ofeffect. The receipt of the Rental Equipment that is the subject ofthis Rental Agreement and General Release and the fact that it is in good working order is acknowledged by Customer.
Signature of Acknowledgment