ALLABOUT BOUNCE INC.
ANGOLA , NY 14006
PHONE: (716)549-0488
WWW. BOUNCEORSLIDE.COM
NAME ____________________
ADDRESS_________________________________
RENTAL ______________________
PHONE _______________________
THIS IS NOT A RECEIPT AND YOUR RESERVATION IS NOT VALID WITHOUT A DEPOSIT
RENTAL AGREEMENT RELEASE OF LIABILITY/HOLD Harmless INVOICE
TERMS AND CONDITIONS
NOTE: Driver pick-up time is approximate. Customer is responsible for, and required to stay with all the equipment until our representative picks it up, or other arrangements have been made.
1. Safety/Operating Instructions: In addition to the information set forth in this agreement, the customer acknowledges that there is 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 ALLABOUT BOUNCE inc. 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 understands that children's safety depends upon customer providing AT ALL TIMES correct operation of and the use of the equipment. Customer further agrees to keep all equipment away from swimming pool(s) 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 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 if it is in an unsafe condition or situation.
2. General Release/indemnity/hold harmless: I understand and acknowledge 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. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless ALLABOUT BOUNCE inc. from any and all liability, claims, demands, causes 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 negligent acts or omissions. Should ALLABOUT BOUNCE inc. or anyone acting on behalf of ALLABOUT BOUNCE inc. be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold ALLABOUT BOUNCE inc. harmless for all such fees and costs. I agree that if any portion of this agreement is found to be void or unenforceable. The remaining portions shall remain in full force and effect. In consideration of being permitted by ALLABOUT BOUNCE inc. to use its equipment and facilities, the undersigned and it participants agree to indemnify and hold harmless ALLABOUT BOUNCE inc. from any and all claims which are brought by the undersigned and/or their participants including third party lawsuits and law suits on behalf of a child, and which are in any way connected with such use or participation. A set of Rules and Direction are displayed on the bounce house/unit and have been provided to the undersigned, which customer agrees to follow and utilize at all times during operation and use of the unit.
I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE FOLLOWING PAGES, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM THE CUSTOMER AND AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT. I HAVE ALSO RECEIVED A COPY OF SAFETY RULES AND SILLY STRING ADDENDUM AND AGREE TO BE BOUND BY THEM.
ADDITIONAL TERMS AND CONDITIONS
In consideration of the hiring of that certain Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all of the terms and condition set forth on the previous page of this agreement, the parties do further agree as follows:
3. Identity of parties: For the purposes of this Rental Agreement. "ALLABOUT BOUNCE inc." shall mean ALLABOUT BOUNCE inc., its owners, officers, directors, shareholders, employees, contractors, agents and "Customer" shall mean________________________________ the person(s) or company listed in the "rented to" box on the invoice page 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 from ALLABOUT BOUNCE inc. certain equipment described on the invoice page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as «date»: «start»-«end» on the invoice page of this Agreement, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by ALLABOUT BOUNCE inc.. If the Equipment is delivered by ALLABOUT BOUNCE inc. and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the Equipment due to weather or other causes.
5. Returned Check policy: In the event that a check is returned to ALLABOUT BOUNCE inc. for insufficient funds, customer agrees to pay the total rental price as an additional $25.00 fee to ALLABOUT BOUNCE inc. in cash immediately upon notice.
6. Weather: ALLABOUT BOUNCE inc. cannot guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the inflatable equipment and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain, snow, and lightening. In the event of severe weather during a rental, customer agrees that he /she/they will unplug the inflatable, allow it to deflate, and not use the inflatable until the severe weather ends.
7. Delivery: ALLABOUT BOUNCE inc. shall deliver the Rental Equipment to «address» specified by Customer as listed on the invoice page of this Agreement. Customer grants to ALLABOUT BOUNCE inc. true right to enter the property at «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.
8. Receipt/inspection 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 Customer's needs. Customer acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order.
9. Possession/Title: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by ALLABOUT BOUNCE inc.. 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 ALLABOUT BOUNCE inc. the full replacement value for such Equipment listed on the invoice page of this Agreement, plus all incidental costs associated with the attempted pick up or recovery of the Equipment by ALLABOUT BOUNCE inc.. In addition, renter agrees to pay 120% of daily rental for each day not returned or each day until unit is replaced. Title to the rental items is and shall remain in ALLABOUT BOUNCE inc.. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of ALLABOUT BOUNCE inc. delivery of the items, until ALLABOUT BOUNCE inc. picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, ALLABOUT BOUNCE inc. 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 ALLABOUT BOUNCE inc. harmless from 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 ALLABOUT BOUNCE inc. immediately.
10. Care of the Rental Equipment: Customer shall be responsible for all damage to any of the Rental 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. Customer shall be liable to ALLABOUT BOUNCE inc. for all damage, which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment on the invoice 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, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approved items such as chemicals, non approved food, paint, silly string (see Paragraph 11), mud, clay, or other materials.
11. Equipment Problems: Should any equipment develop a problem, or does not function correctly at anytime, or Customer does not understand the operating Instructions. Customer agrees to immediately cease use of that equipment. In particular, if the inflatable unit begins to deflate, customer will immediately have the riders exit the unit 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 to make sure that it has not been unplugged;
2) 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 unit for snugness and tighten the ties if necessary;
3) If either of these steps corrects the problem, fully rein late the unit prior to permitting anyone to use the unit
4) If you cannot correct the problem, call Phone #716 549 0488 or__________________________
12. Specific Rules and Instructions for the inflatable equipment: The following rules and warnings must be obeyed in the use of inflatable equipment:
A) All safety and operating instructions contained on the inflatable must be complied with and followed at all times;
B) For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES;
C) No silly string Is permitted to come In contact with the inside or outside of the inflatable unit, this causes Irreparable damage to the inflatable, and Customer acknowledges that If the inflatable Is damaged by "Silly String", you will be charged for the unit and shipping costs as well as lost rentals and will be automatically imposed by ALLABOUT BOUNCE inc. and shall be Immediately due and payable by Customer
D) WARNING - this unit is not intended for children ages three (3) and under, or 18 or over
E) WARNING - It is unsafe to stay In inflatable if winds exceed 20 miles per hour (MPH). Have all persons exit inflatable, then unplug the blower unit and let inflatable deflate,
F) 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 unit at any time,
G) weight limit of all persons combined should not exceed 250 to 300 lb
H) Do not move the inflatable from the location where set-up;
I ) If the inflatable unit moves, pull corner(s) back to their original location(s) and secure; For other questions regarding the safe installation of equipment, please call our office at Phone #716 549 0488.or cell 598-9685
Do not let the inflatable unit rub up against any surface.
13. limited Warranty: ALLABOUT BOUNCE inc. 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. ALLABOUT BOUNCE inc. sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when ALLABOUT BOUNCE inc. determines that it does not conform to this warranty. ALLABOUT BOUNCE inc. 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 free of latent defects. ALLABOUT BOUNCE inc. shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in anyway attributable to the operation of, Installation of, use of, or any failure of the rental equipment. ALLABOUT BOUNCE inc. shall not be responsible for any defect or failure unknown to ALLABOUT BOUNCE inc. at the time of delivery.
14. Cancellation Policy: Customer will receive a full refund of deposit with cancellation at least 2 weeks prior to reservation date «date». If customer cancels less than 2 weeks prior to reservation date «date» ALLABOUT BOUNCE inc. will keep the deposit but customer may apply it to a future rental within a 30 day period.
15. 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, parish, 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, insurances, 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, insurance and/or licenses from the appropriate government agencies prior to use.
16. Legal Fees: In the event that an attorney is retained to enforce any provision of the Agreement, ALLABOUT BOUNCE inc. shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
17. 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 on all pages and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
18. 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.
19. Entire Agreement: This Agreement constitutes the full agreement between ALLABOUT BOUNCE inc. and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that it is in good working order.
20. Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable
1. Spilled food, drink or the use of could result in a $100-$1000 Cleaning Fee.
2. Negligence and damage to unit will result in unit repair or replacement fee plus 120% of each rental loss due to un useable unit
failure to pay will result in lawsuit and customer is responsible for all fee's associated with this including interest.
3. If unit is not repairable a fee of $3500-$7500 could result.
4. THE USE OF SILLY STRING WILL RESULT IN UNIT REPLACEMENT . THIS FEE IS $2600 AND UP.
5.No animals on or around unit.
TERMS AND CONDITIONS/WARRANTY
1. BY ACCEPTING DELIVERY OF
RENTED ITEMS, CUSTOMER AGREES TO ALL TERMS AND CONDITIONS SHOWN ON THIS RENTAL
CONTRACT. CUSTOMER ACKNOWLEDGES THAT S/HE HAS RECEIVED IN GOOD ORDER ALL RENTED
ITEMS AND OTHER GOODS LISTED ON THE CONTRACT.
2. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ALL RENTED ITEMS, INCLUDING THEIR
SAFE AND PROPER USE, OPERATION, MAINTENANCE, AND RETURN TO ALLABOUT BOUNCE INC.
CUSTOMER IS RESPONSIBLE FOR ALL LOSS, DAMAGE, OR REPAIR.
3. ALLABOUT BOUNCE INC. MAKES NO WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR
PARTICULAR PURPOSE, OR ANY WARRANTIES, EXPRESSED OR IMPLIED.
4. THIS RENTAL CONTRACT FORMS
THE SOLE AGREEMENT BETWEEN THE CUSTOMER AND ALLABOUT BOUNCE INC. THE CUSTOMER
AGREES TO INDEMNIFY AND HOLD ALLABOUT BOUNCE INC. HARMLESS FOR ANY CLAIMS FROM
CUSTOMERS USE OR MISUSE, INCLUDING ANY THIRD PARTIES FOR LOSS, INJURY, AND
DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF THE CUSTOMER'S NEGLIGENCE OR
OPERATION INCLUDING LEGAL COSTS INCURRED IN DEFENSE OF SUCH CLAIMS.
5. OPERATORS SHOULD READ ALL WARNINGS AND INSTRUCTIONS (SAFETY INSTRUCTIONS).
6. RETAKING OF EQUIPMENT: IF CUSTOMER FAILS TO RETURN ALL RETURNED ITEMS UPON
AGREED TIME, CUSTOMER AGREES TO PAY FOR ALL ADDITIONAL CHARGES. IF CUSTOMER
REFUSES TO RETURN RENTED ITEMS, THE CUSTOMER AGREES THAT ALLABOUT BOUNCE INC.
AND ITS AGENTS MAY TAKE ALL REASONABLE ACTIONS NECESSARY TO RECOVER RENTED ITEMS
WITHOUT PRIOR NOTICE OR LEGAL PROCESS.
7. CUSTOMER ACKNOWLEDGES THE POSSIBILITY OF INJURY AND WILL PROVIDE ADULT
SUPERVISION AT ALL TIMES ACCORDING TO THE RULES GIVEN TO RENTAL PARTY PRIOR TO
EVENT, WRITTEN INSTRUCTION, OR VERBAL.
8. ATTORNEY FEES: CUSTOMER AGREES TO PAY ALL REASONABLE ATTORNEY FEES AND COURT
COSTS INCURRED BY <COMPANY> IN ENFORCING THESE TERMS AND CONDITIONS.