TERMS OF LEASE
In addition to the terms below, and the operation guidelines on each rented item, the Lessee (customer) agrees to supervise the operation of the rented item and further agrees that if the item is damaged that he/she will reimburse Gary Cole for the full price to fix the damage and/or the full replacement value of the rented item. Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Lessee's full satisfaction and understanding.
Delivery/Operations Payments: To address specified by the Lessee. Lessee grants Gary Cole and its employees/contractors , the right to enter said property for the delivery and return of the rented equipment at approximate times. All payments must be made at time of delivery. No refunds will be made after the equipment has been delivered. For jumpers, the lessee agrees to provide one electrical outlet rated 115 volts with 20 amperes capacity per motor unit within 50 feet of each unit. No electrical cords are to be used. If the blower stops, or the air pressure is low, remove all users immediately, and then check the problem. Air tubes in the rear of the unit should be tied securely to the blower or tied off to prevent air from escaping. The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit. Circuit breakers should also be checked. Customers are subject to an additional charge of $20.00 for all services calls due to electricity.
General Rules for Safe Operation: Units must be operated over a smooth, compatible surface such as grass or hard top surfaces. The unit may NOT be operated on rough surfaces such as rocks, brick, glass, or any jagged objects. Unit cannot be moved by lessee after place by Gary Cole, or MoMo's Funflatables, LLC's employees/contractors. Unit MUST BE properly anchor prior to use. Unit will be anchored by Gary Cole, or MoMo's Funflatables, LLC employees/ contractors and the anchors MUST NOT be removed during period of use. Never attempt to relocate, adjust or service a blower. Never use during high winds, gusty winds, thunderstorms, or lightening. The unit can turn over in high winds, even if anchored, and this could result in severe injuries to users. Do not resume use until adverse weather conditions have ceased. Always follow the manufacturers guidelines located on the unit itself.
Additional Safety Rules: Before entering the unit, have users remove their shoes, eye glasses, belt buckles, and any sharp objects. Never play, jump, or enter a partially inflated/deflated unit. Never allow the users to climb or play on the outside or inside walls of the unit. columns, netting, or roof of the unit. Always follow the number of riders and rules posted on the unit itself. Do not plug or unplug the motor repeatedly as this will cause the unit to burn up and you will be responsible for any resulting damage. Always have an adult present, who has reviewed and understands both this contract and the rules posted on the unit itself, who can supervise the riders. Never allow more users than the maximum number of users per age group described within this lease and on the unit itself. Never place a hose or water on or into the unit unless authorized by Gary Cole, or Elizabeth Cole. Do not allow horseplay on, in, or around the unit. Always follow the directions for use on the unit itself. Only children of the same age group to play on the unit at the same time.
Additional Terms of the Lease: Gary Cole & MoMo's Funflatables, LLC is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise, and no charges or fees will be reimbursed as a result. ABSOLUTELY NO silly string, or similar items, such as, but not limited to, food, drinks, confetti, foam, or trash, in or around the unit at any time!!! Silly string and like objects will cause permanent damage to the unit and lessee will be responsible for the full replacement value of the rented unit and/orassessed a $75.00 cleaning fee if the unit is determined not to be permanently damaged. Lessee agrees not to operate the unit(s) in a manner contrary to this contract and rules of use on each unit, and the unit is damaged. Lessee agrees to pay the cost or repair or full replacement value of any damaged equipment or unit. Lessee agrees that the equipment is leased is, for Lessee's own use and said equipment is not to be loaned, sub-let, mortgaged, or in any other manner disposed of by Lessee. Lessee further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.
Hold Harmless Provisions: Lessee agrees to indemnify and hold Gary Cole or MoMo's Funflatables, LLC harmless from any and all claim, actions, suits proceedings, costs, expenses, fees, damages, and liabilities including, but not limited to, reasonable attorney's fees and costs, arising by reason of injury, damage, or death to persons, or property, in connection with resulting from the use of leased equipment. This includes, but not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Gary Cole, or MoMo's Funflatables, LLC from injuries or damages incurred as a result of the use of leased equipment. Gary Cole, or MoMo's Funflatables cannot under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control, or knowledge. Lessee also agrees to indemnify and hold harmless Gary Cole, or MoMo's Funflatables, LLC from any loss, damage, theft, or destruction of the equipment during the term of the lease and any extension thereof.
Disclaimer of Warranties: Gary Cole, or MoMo's Funflatables, LLC makes no warranty of any kind, either express or implied, as to the condition or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact Gary or Elizabeth Cole if any of the lease equipment develops any indication defect, or improper working conditions. Lessee agrees to use the equipment at Lessees own risk.
Breach/Indemnity/Arbitration: In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify Gary Cole, or MoMo's Funflatables, LLC, for all costs incurred by Gary Cole, or MoMo's Funflatables, LLC incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of judgment, attorney's fees, and costs. If Gary Cole, or MoMo's Funflatables, LLC determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this lease. Gary Cole, or MoMo's Funflatables, LLC may exercise any of the following remedies: termination of this agreement, re enter property, take the equipment,; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment monies; and/or pursue any additional remedies available by law. If a conflict arises, Gary Cole, or MoMo's Funflatables and Lessee will abide by the North Carolina state laws, and forge a lawsuit to solve the dispute.
BY SIGNING MY NAME ON THIS CONTRACT I BEING HE LESSEE, CONTACT PERSON, LESSEE REPRESENTATIVE, OR OTHER INDIVIDUAL ASSUMING THE ROLE OF LESSEE ACKNOWLEDGE THAT i HAVE COMPLETELY READ AND UNDERSTAND THIS CONTACT AND ANY AND ALL ACCOMPANIED ADDENDUM(S). I HAVE BEEN FULLY INSTRUCTED BY GARY COLE, OR MOMO'S FUNFLATABLES, LLC PERSONNEL AS A TRAINED OPERATOR FOR THE AFOREMENTIONED EQUIPMENT AND HAVE HAD ALL OF MY QUESTIONS ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT I AM SOLELY RESPONSIBLE FOR ADHERING TO THE TERMS SETH FORTH BY THIS RENTAL CONTRACT AGREEMENT ANY ANY AND ALL ACCOMPANIED ADDENDUM(S).