Rental Agreement, Release, and Acknowledgement of Risk This Rental Agreement, Release, and Acknowledgement of Risk (“Agreement”) is entered between What a Blast Rentals, LLC (“Lessor”) and the Customer as identified in this digital waiver:
1. Identity of parties: For the purposes of this Agreement, "Lessor" or "What A Blast Rentals" shall mean "What a Blast Rentals, LLC", its owners, officers, directors, shareholders, employees, contractors, agents and "Customer" shall mean the person(s) or company listed in the “Customer” box on the this Agreement, as well as the person signing the agreement (if different), and their agents and/or employees. 2. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from Lessor, that certain equipment described on this Agreement as “Item(s) Rented” (herein “Rental Equipment” or “Equipment”). The rental fee set forth is payable, with a 50% deposit in advance, and any remaining payment is due in full to Lessor 24 hours prior to the time of delivery, Sundays 48 hours. Any unpaid amounts shall accrue interest at a rate of five percent (5%) per annum. In addition, Customer shall be charged $50 for each returned check plus a $10 service charge for each collection notice. Customer shall be responsible for all court costs, attorney fees, and collections costs incurred by Lessor due to Customers failure to pay. All of Customer's obligations arising under the terms and conditions of this Agreement shall run from actual delivery of the Equipment to the actual pick up of the 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 prohibit safe use of the Equipment, or if Customer otherwise elects not to use the Equipment due to weather or other causes. All refunds are given in the form of a non-expiring gift card credit that can be used for any future booking. Unforeseen circumstances such as; covid, vehicle issues, and inclement weather related cancellations will be given in the form of a 100% gift card credit that is non expiring. 3. Delivery: Unless otherwise agreed upon by the parties,Lessor shall deliver the Equipment to the street address specified by Customer as listed on this Agreement as “Delivery Address”. 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. Customer must give advance written notice to Lessor if a sprinkler system is in place at the Delivery Address. Lessor is not responsible for any damage occur to the sprinkler system. Customer must provide and maintain a clean environment for the Equipment to be set on free of dog feces, mud, or other substances. Equipment will not be set-up if at the time of delivery it is raining, there are high winds, no one present at Delivery to accept Equipment, there is not a flat level grass or concrete area, or any other reason that Lessor determines will not result in a safe delivery of Equipment. The the pickup time is approximate. Lessor may arrive as early as the “End” of the “Rental Period” or as late as twenty-four hours after “End” of “Rental Period.” Customer is responsible for all the equipment until it is picked up by Lessor. 4. Changes: Any changes to the Rental Period must be made in writing to the Lessor at least forty-eight (72) hours in advance of the Rental Period and are at the sole discretion of Lessor. 5. Receipt/Inspection of Rental Equipment: Customer will be provided the Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the Equipment and will personally inspect the Equipment prior to its use and will read the operating/safety instructions prior to use. Customer specifically agrees that such Equipment will not be used if Customer finds that it is not suitable for Customer's needs. By accepting delivery of the item, Customer acknowledges receipt of all items listed in this Agreement, and that they are in good working order. 6. Possession and Title: Customers right to possession of the Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by Lessor. Retention of possession, or any failure to permit the pick-up of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In 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, 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 Equipment in their custody and control from the time of Lessor'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 otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, Lessor may retake possession of said items without further notice or legal process 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. If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify Lessor immediately. 7. Safety/Operating Instructions: In addition to the information set forth in this agreement, Customer acknowledges that there are safety and operating instructions 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 Lessor 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. In 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. 8. Care of the Equipment: Customer shall be responsible for any and all damage to any of the Equipment not caused by ordinary wear and tear. "Ordinary wear and tear'' shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Equipment 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" in an amount equal to the replacement value of the Equipment. 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, eel., contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string, mud, clay, or other materials. Such charges shall be applied to the Customer’s card on file.
9. Equipment Problems: Should any Equipment develop a problem, or not function correctly at any time, or Customer does not understand the operating instructions, Customer agrees to immediately cease use of that Equipment. In particular, if the equipment includes inflatable Equipment, and the Equipment begins to deflate customer will immediately have everyone exit the Equipment and then check for one of the following conditions: a. 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. b. If 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 Equipment unit for snugness and tighten the lies if necessary or if disconnected, re-connect to blower. c. If either of these steps corrects the problem, fully re-inflate the Equipment prior to permitting anyone to use the unit. d. If you cannot correct the problem, call Lessor.
10. General Release/Indemnity/Hold Harmless: Customer will take all necessary precautions regarding the items rented and will protect all persons and property from injury or damage. Customer acknowledges that they are in charge of the operation, installation and use of the Equipment, and are fully responsible for its safe operation and installation as well as the return of the 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 Equipment, or to any claims by any other person(s) injured by or on account of the 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, instruction, possession, or rental of any of the Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Equipment is in the actual or constructive possession of Customer. These General Release, Indemnity 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 active or passive, of Lessor or Lessor's suppliers, agents, employees, contractors, drivers or installers. 11. Insurance: Customer shall purchase and provide event liability insurance that will cover the use of the Equipment. This insurance must name Lessor as an additional insured and loss payee. Customer appoints Lessor as attorney-in-fact to make a claim for, receive payment of, execute and endorse all documents, checks, or drafts for, any loss of damage regarding the Equipment covered under any policy contemplated by this provision. Customer further consents to name Lessor as an additional insured on any other policy in which coverage would attach.
12. Specific Rules and Instructions for any Inflatable Equipment: It is the responsibility of Customer to notify all individuals using any inflatable Equipment of the following rules and warnings which must be obeyed in the use of any inflatable Equipment: a. All safety and operating instructions contained on the Equipment must be complied with and followed at all times including the maximum number of jumpers and the weight limit posted on the Equipment. b. Adult supervision is required at all times. A responsible adult must supervise the use of the Equipment at alltimes. No one shall operate, supervise or enter the Equipment, if under the influence of any alcohol, drugs, or any other legal or illegal drug or substance. No one should enter the Equipment with any type of existing injury. c. All jumpers must remove their eyeglasses, dangle earrings, anklets, bracelets, belts, shoes, and any sharp or bulky items that may reside in pockets. and any sharp objects before entering. d. No pinatas may be used in or around the inflatable Equipment. e. Absolutely NO - “silly string”, confetti, gum, food, drinks, sprays, or other sticky substances are permitted to come in contact with the inside or outside of any inflatable Equipment as it can cause irreparable damage to the Equipment. Customer acknowledges that if the Equipment is damaged in any way by one of these substances a $1,000.00 fee shall be automatically imposed by Lessor and shall be immediately due and payable by Customer. This fee shall be in addition to the cost of any damages caused or replacement of Equipment required by such substances. f. No wrestling, flips, or horseplay is allowed in or around Equipment at any time. Participants shall not climb on outside walls, netting side column or roof of Equipment. A repair fee will be imposed for any damage. g. Participants shall not bounce against the sides of the Equipment or near the doorway of the Equipment. h. Older children shall not jump with younger children due to increased risk of injury. i. No balls may be used in the Equipment other than “beach ball” type blow-up balls or soft nerf type balls. j. Anyone with head, back, neck or any muscular-skeletal injuries or disabilities, pregnant women, children under 3 years of age, and others who may be susceptible to injury from falls bumps or bouncing are not permitted in the Equipment at any time. k. Equipment must be taken down if winds exceed 15 miles per hour (MPH) or upon raining or threat of rain. All persons must exit theEquipment, and then the blower unit should be unplugged and the Equipment should be deflated and secured. l. Equipment must be secured to the ground at all times. m. Do not move the Equipment from the location where it is originally set-up. n. If the Equipment Unit moves, pull corners back to their original locations and secure corners. o. Do not let Equipment rub up against any surface. p. Absolutely no food or drinks are permitted inside the Equipment. q. If at anytime the Equipment begins to lose air, all jumpers must exit the Equipment immediately, then the blower unit should be unplugged, and the Equipment should be deflated. r. All children must be kept away from the blower unit due to risk of electric shock and serious injury.
13. Specific Rules for Gelly Ball a. Masks must be worn at all times when in or around any playing field. b. Adult supervision of the playing field is required at all times. c. No sliding, diving, or barrel rolls are allowed at any time while participating in the game. d. Participants may not jump over or on any of the equipment including bunkers or barricades. e. No adjusting, taking apart, pushing buttons, or adjusting stocks on the guns provided. If there is an issue with the equipment it should immediately come out of play. f. No shooting before or after any game. g. Sliding may only occur feet first to avoid injury and damage. h. No food or beverage is allowed on the playing field. i. Any ruling by an on-field referee is the final ruling and any argument will result in removal from the game. j. Anyone with head, back, neck or any muscular-skeletal injuries or disabilities, pregnant women, children under 5 years of age, and others who may be susceptible to injury from falls bumps or bouncing are not permitted to participate in Gelly Ball. k. Do not shoot any player in close range. l. Participants must stay within the designated playing field. 14. 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 their sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use.
15. Recoverability of Attorney’s Fees and Costs: If Customer breaches any provision of this Agreement, then Lessor shall be entitled to recover all costs, including reasonable attorney’s fees, from Customer resulting from such breach and/or from Lessor enforcing its rights under the Agreement, regardless of whether or not Lessor files a civil action. Further, if Customer commences a lawsuit or other civil action against Lessor, and Lessor is, in whole or part, the prevailing party, then Lessor shall be entitled to recover all costs, including reasonable attorney’s fees, from Customer resulting from Customer’s defense of the lawsuit or action. 16. Customer Acknowledgment: Customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement and agree to be bound by all the terms and conditions and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
17. Severability: If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.
18. 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 of effect. The receipt of the Equipment that is the subject of this Agreement and the fact that it is in good working order is acknowledged by Customer.
19. Counterparts: This Agreement may be executed in multiple counterparts, and each such executed counterpart shall be deemed an original, but all of which together shall constitute a single agreement. Electronic signatures to this Agreement are acceptable and carry with it the same full force and effect as an original signature
20. Remedies of the Parties, Forum and Venue: The Parties agree that the exclusive jurisdiction, forum and venue for any claim arising hereunder shall be in the Iowa District Court for Polk County. 21. WAIVER OF RIGHT TO JURY TRIAL: BOTH PARTIES WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THE AGREEMENT, THE OBLIGATIONS THEREUNDER, OR ANY TRANSACTION ARISING THEREFROM OR CONNECTED THERETO. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY GIVEN. I, Customer, HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT,AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM EITHER THE CUSTOMER NAMED ABOVE, OR AMAUTHORIZED AND EMPOWERED TO SIGN THIS AGREEMENT ON THEIR BEHALF AND AS THEIR AGENT. FURTHERMORE, I AGREE THAT I AM ALSO BINDING MYSELF PERSONALLY AS AN ADDITIONAL PARTY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. By providing my credit card number, I authorize Lessor to charge my credit card for the full amount of any rental cost as stated above including any additional charges should any of the Equipment I rented get damaged or is not available for pick up at the time stated on this agreement. I also authorize payment of an additional 3% of the total price to be applied to any payment made by credit card.
Today's Date: May 4, 2024
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