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Big AZ Inflatables Inc.

(760) 503-4208

www.bigazinflatables.com



IT IS THE RESPONSIBILITY OF THE PERSON/S OR ORGANIZATION HIRING BIG AZ INFLATABLES INC TO ENSURE THAT ALL POSSIBLE PRECAUTIONS ARE TAKEN TO AVOID INJURY TO PEOPLE OR DAMAGE TO THE INFLATABLE.

 

In exchange for Big Az Inflatables Inc(“Lessor”) leasing the above chose Equipment to Responsible Party (“Responsible Party” is the individual signing above), and as a material consideration by Responsible Party to induce Lessor to enter into this agreement, Responsible Party hereby agrees to the following:

 

1. Responsible Party warrants that NO FOOD, DRINK, OR CHEWING GUM SHALL BE CONSUMED, CARRIED, OR POSSESSED ON/IN OR

AROUND THE EQUIPMENT. Responsible Party further agrees to take all reasonable steps to avoid a choking risk to any participant using the Equipment and keep the unit clean.

2. Responsible Party agrees that in the event the Equipment is returned at the end of the Rental Period in a dirty condition, with such a “dirty condition” being defined as a condition of less cleanliness than at the exchange of possession between Lessor and Responsible Party, Responsible Party agrees to Lessor immediately charging the Method of Payment a $100 fee for cleaning. This does not include dirt that naturally occurs. 

3. Responsible Party warrants that SHOES, GLASSES, JEWELRY, BADGES, AND ALL OTHER WEARABLES THAT CAN CAUSE A PUNCTURE OF THE EQUIPMENT SHALL BE REMOVED BY ALL PARTICIPANTS AND USERS before using the equipment during the Rental Period. It shall be the sole responsibility of the Responsible Party to ensure this Section is complied with and Responsible Party shall be solely responsible for any damage to the equipment or any resulting injury to people using the equipment in violation of this Agreement. That cannot be repaired).

4. Responsible Party warrants that during the Rental Period, no person using the Equipment, or in the immediate vicinity of the Equipment, shall have FACE PAINTS, PARTY POPPERS, SILLY STRING, OR FIREWORKS.Responsible Party is fully aware by execution of this Agreement that these products will cause damage to the equipment that cannot be repaired and shall lead to Responsible Party being liable to Lessor for the entire replacement cost of the Equipment.

 5. Responsible Party warrants that only one rider shall be at the top of the waterslide at a time, or two riders for the double lane, and that in units with a bounce house or combo unit shall not exceed the posted occupancy, but never to exceed six persons at any given time.

6. Responsible Party warrants that no climbing, hanging, or sitting on walls will be permitted during the Rental Period. Responsible Party acknowledges and understands such behavior is unreasonably dangerous and the failure of the Responsible Party to enforce this covenant is negligence per se on behalf of the Responsible Party.

7. Responsible Party warrants that the Responsible Party shall solely be liable for any and all damage, injury, death, dismemberment, and/or proximate damages of any nature whatsoever caused by the use and operation of the Equipment during the Rental Period. Should the Responsible Party choose to nominate an agent or another adult to supervise the use of the Equipment during the Rental Period, such agent must always supervise the Equipment and its use. Responsible Party agrees that any action, inaction, or negligence on behalf of an agent of the Responsible Party shall inure to the Responsible Party and the Responsible Party shall be liable for any said action, inaction, or negligence of the agent.

8. Responsible Party shall ensure that the Equipment is not overcrowded, and limit numbers according to the age and size of the personas using it. Responsible Party shall use its best effort to prevent large and small children from using the Equipment at the same time.

9. Responsible Party shall ensure that persons using the Equipment are not pushing, colliding, fighting, or behaving in a manner likely to injure or cause distress to others.

10. Responsible Party shall not allow PETS, TOYS, OR SHARP INSTRUMENTS on or around the Equipment at any time.

11. RESPONSIBLE PARTY SHALL NOT ALLOW ANYONE TO BOUNCE ON THE FRONT SAFETY STEP AS IT IS DANGEROUS.

12. Responsible Party shall not allow anyone to be on the inflatable during inflation or deflation.

13. Responsible Party shall not allow persons using the Equipment to attempt somersaults. Responsible Party further warrants that persons using the Equipment shall be clothed appropriately and that those persons using the Equipment shall do so without items in their pockets to ensure nothing can fall out of their pockets.

14. If the blower stops working, Responsible Party promises that all users will be removed from the Equipment immediately and calmly. Responsible Party shall be allowed to check the fuses and make sure the blower tube or deflation tube has not come undone, or something has not blown onto and is obstructing the blower. If the Equipment overheats or loses power, bigAzinflatables@gmail.com (760) 503-4208 Responsible Party shall be allowed to switch the blower off at the mains, switch it back on again 1 or 2 minutes later, allowing for the Equipment to restart. If the Equipment remains unusable or deflated after the above steps are taken by the Responsible Party, please call Big AZ Inflatables immediately at (760) 503-4208.

 15. Responsible Party shall immediately CEASE THE OPERATION OF THE EQUIPMENT IN THE EVENT OF HEAVY WINDS (20 MPH)or a rain downpour (“Dangerous Weather Occurrence”). In the event of a Dangerous Weather Occurrence, Responsible Party shall deflate the Equipment immediately and not allow anyone to enter the Equipment. Responsible Party is encouraged to call Lessor at Big AZ Inflatables directly at (76) 503-4208 upon the occurrence of a Dangerous Weather Condition.

16. Responsible Party shall further execute a waiver by and between the Lessor and Responsible Party contemporaneous with the execution of this Agreement of which waiver shall be deemed incorporated by reference to this Agreement. As with every other condition of this Agreement, the waiver is material consideration inducing the Lessor to enter into a contract with the Responsible Party.

17. To the extent Lessor is unable to perform according to the terms of this Agreement, regardless of the reason thereby, the Responsible Party hereby waives the right to any remedies at law or in equity in excess of the amount paid for the use of the Equipment during the Rental Period. Responsible Party agrees it is waiving any damages it may incur except for those contained in this Section 17.

18. This Agreement shall be construed in accordance with the law of the State of California and the venue for any dispute arising out of this Agreement shall be the County of San Bernardino.

19. This Agreement is not binding until received and signed by Lessor. Any Verbal and/or oral agreements are nonbinding and shall be deemed to have been merged into this Agreement regardless of whether those verbal or oral agreements occurred prior to or contemporaneous to the signing of this contract. The latest contract supersedes all previous contracts between Lessor and Responsible Party for the rental of the Equipment. If any clause in this Agreement is found to be illegal it shall be severed from this Agreement and the rest of the agreement shall remain in full force and effect to the fullest extent of the law.

20. This Agreement cannot be canceled or modified except by mutual written consent of both the Lessor and the Responsible Party.

21. In the event that a civil action arises in an effort to enforce any provision of this Agreement, the losing party shall pay the attorney’s fees and court costs of the prevailing party.

22. Lessor may elect not to exercise its rights as specified in this Agreement. By doing so, Lessor does not waive its right to exercise those rights at a future date.

23. Responsible party shall inflate the rental prior to Pick-Up times. Big AZ Inflatables will need to dry water units and ensure there are no items left behind by the lessor.

 

LIABILITY DISCLAIMER

1.  This rental equipment has been received in good condition and will be returned in the same condition (ordinary wear accepted).

2.  Responsible Party agrees to Lessor’s right to enter the premises of the Responsible Party at any time to repossess said equipment.

3.  Responsible Party agrees to reimburse Lessor for all attorney fees, an amount not less than 100% of all sums due, court cost, and expenses incurred by Lessor to enforce collection or to preserve or enforce rights under this contract.

4.  Responsible Party agrees not to loan, sublet, or otherwise dispose of equipment or use it at any other location than the location listed on this contract.

5.  Responsible Party agrees to pay in full the replacement cost, including labor, for all damages to the rental equipment.

 6.  If the inflatable equipment is lost, stolen, or damaged beyond repair, the responsible party agrees to pay up to $10,000.

7.  Responsible Party agrees to ensure that all users (and users’ guardians) of the rental go over and read all the rules.

8.  THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXPRESS OR IMPLIED. Lessee agrees that equipment is provided in good condition, but not warranted for merchantability fitness. The person/s organization renting this equipment from Lessor will be held responsible and liable for all damage or injury occurring for any reason. I have read the about agreement and fully understand and accept the conditions as above. I am aware that I am fully responsible for the inflatable while in my care and will pay for any loss or damages that may occur.

9.  Lessee hereby waives any damages or may have in the future, against Lessor for any property damage resulting from the installation or tear down from leased equipment.

10.  Lessee understands and acknowledges that play on an amusement device entails both known and unknown risks including but not limited to physical injury from falling, slipping, crashing, or colliding, emotional injury, paralysis, distress, damage, or death to any participant. Lessee agrees to indemnify and hold Big AZ Inflatables harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including but not limited to reasonable attorney’s fees and costs, arising because of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased/rented equipment. This includes but is not limited to the manufacturer, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Lessor from injuries or damages incurred as a result of the use of the leased/rented equipment. The lessor cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, lessee’s guests, or any persons, whether persons are permitted by the lessee, while the rented equipment is under control by the responsible party, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Lessor from any loss, damage, theft, or destruction of the equipment during the term of the lease/rental and any exclusions thereof.

 

OVERNIGHT RENTALS: LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT THE BLOWER IS TO BE REMOVED FROM THE INFLATABLE DEVICE AND LOCKED UP IN A SECURE LOCATION OVERNIGHT.


First Responsible Party Name

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First Responsible Party Date of Birth*
First Responsible Party Signature*
Second Responsible Party Name

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Second Responsible Party Date of Birth*
Third Responsible Party Name

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Third Responsible Party Date of Birth*
Fourth Responsible Party Name

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Fourth Responsible Party Date of Birth*
Fifth Responsible Party Name

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Fifth Responsible Party Date of Birth*
Sixth Responsible Party Name

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Sixth Responsible Party Date of Birth*
Seventh Responsible Party Name

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Seventh Responsible Party Date of Birth*
Eighth Responsible Party Name

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Eighth Responsible Party Date of Birth*
Ninth Responsible Party Name

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Ninth Responsible Party Date of Birth*
Tenth Responsible Party Name

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Tenth Responsible Party Date of Birth*
Parent or Guardian's Email Address

Email*

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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Middle Name

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Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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