Rental Agreement and Liability Waiver
I. GENERAL RULES:
The Lessee or using party shall be in charge of operation and is fully responsible for operation after receiving unit. Lessee agrees to supervise both the equipment and its use at all times said equipment is in the possession of the Lessee. Disclosed in this contract is a set of directions for use and safety rules that lessee agrees to follow and utilize at all times during the operation and use of the interactive inflatable game. 1. A responsible ADULT must supervise and operate the inflatable and equipment at all times. 2. Do not allow participants to enter the inflatable without ADULT supervision. 3. Participants must not be allowed to play on the step or front apron of any inflatable devices. 4. All participants must remove shoes, jewelry, eyeglasses, badges or any other hard objects that could cause injury to other participants or to the inflatable itself. 5. Absolutely NO food, drink, gum, candy, SILLY STRING, CONFETTI, PARTY POPPERS fingernail polish, paint, make-up, solvents, sticky substances, sharp objects or pets inside or on the inflatable. No fireworks to be used in or around any rental. No BBQ or open fire around rentals. 6. When participants are in / on inflatable, there shall be NO flips, wrestling, running, pushing, climbing the net wall or any other aggressive behavior that could injure other participants. Do not let participants bounce against the sides or entrance. ONLY participants of compatible age and size shall be in the inflatable at the same time. Mixing participants of different sizes will greatly increase the risk of injury. Only 1 rider allowed at the top of water slide at a time, or 2 riders for double lane slides, 2-4 bouncers per mini bounce house or combo unit. 7. Participants shall not sit or lay down while other participants are bouncing around them. 8. Wild Side Party Rentals, LLC is not responsible for striking or damaging any underground utilities/devices (included but not limited to: electrical, plumbing, sprinkler, etc.). It is the lessee’s responsibility to tell Wild Side Party Rentals staff where inflatable is to be set up and have any underground utilities marked prior to event. 9. Climbing, hanging, or sitting on walls is dangerous and must not be allowed. 10. Water hoses or water must not be used in the inflatable(s), unless specifically manufactured for use with water. 11. In the event winds exceed fifteen (15) miles per hour (mph), lightening occurs, or if it starts raining, turn the motor off after the participants exit. Unplug the motor and extension cord from the power outlet and wait for the weather to subside. Once the weather subsides, remove the cover, wipe the unit and motor dry, and then re-inflate the inflatable as previously instructed by the Wild Side Party Rentals Representative during set-up. 12. Should the blower stop for any reason, instruct all participants to exit the unit calmly and safely as previously instructed by the Wild Side Party Rentals Representative during set-up. Most often the cause is an overloaded circuit or a piece of debris in front of the blower intake. Reset the circuit breaker and ensure that the blower is on a dedicated circuit. Clear any debris away from the blower intake prior to turning the blower on. Please do not hesitate to contact us if you are experiencing a malfunction of the equipment at 302-893-7905 OR 302-465-1812. 13. 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. 14. In the event of an emergency dial 911 for emergency services (Police, Medical and Fire), and contact a staff member at Wild Side Party Rentals immediately at 302-893-7905 OR 302-465-1812.
II. DELIVERY BY LESSOR:
To address specified above by Lessee (customer). Lessee grants Lessor the right to enter said property for delivery and return of equipment. Lessee is subject to a minimum fee of $75.00 U.S.D. for a service call due to electrical failure and/or troubleshooting. A Wild Side Party Rentals authorized representative may arrive as early as the ‘end’ of the ‘rental period’ or as late as necessary to pick-up leased equipment. Lessee is responsible for all equipment until it is relinquished to a Wild Side Party Rentals authorized representative. Lessee is strictly prohibited from moving, folding, storing, or removing equipment for any reason. Lessor reserves the right to cancel scheduled event should the event location present potential hazards, unsafe conditions or restrict the proper set-up of leased equipment within Wild Side Party Rentals and manufacturer guidelines, state regulations, rules, policies, and procedures. *** DELIVERY AND PICK-UP TIMES ARE APPROXIMATE ***
III. RAIN / CANCELLATION / REFUND POLICY:
You may cancel for any reason, at any time, prior to delivery and setup. Once we set up the unit, there will be no refund, regardless of weather or any other reason. If you need to cancel for any reason, please do so as soon as possible, so that others have the opportunity to reserve the unit. Lessor reserves the right to cancel / postpone scheduled event for safety reasons (e.g., confirmed severe thunderstorms, hail, winds in excess of fifteen (15) mph, tropical depression, tropical storm, hurricane or tornado conditions). Due to the safety of all and insurance requirements we cannot setup an inflatable if thunderstorms are forecast (even at 10%). We highly recommend waiting until the day prior to your event before making any rash decisions. Refunds will not be issued in the event the leased equipment is not used for any reason. If the equipment does not work properly, it is the responsibility of the Lessee to notify the Lessor to correct and will issue a full refund to Lessee for deposits and / or confirmed payments received. Lessee may contact their local authorities (e.g., police, medical, fire, local radio, television, media, internet, national weather service) for assistance with monitoring weather patterns and conditions throughout the rental period. Should Lessee fail to notify Lessor of severe weather conditions prior to delivery, Lessor reserves the right not to refund any payment. Should Lessee cancel event upon delivery, Lessee is subject to a minimum fee of $75.00 U.S.D. and forfeits any and all payments.
IV. RELEASE AND ASSUMPTION OF RISK:
I (Lessee) understand and acknowledge that the activity to be engaged in through my rental of an interactive amusement game(s) and/or other equipment such as jumphouses, brings with it both known and unanticipated risk to its guest, its invitees and itself. Those risk include, but are not limited to falling, slipping, crashing and colliding, which could result in injury, illness, disease, emotional distress, death and/or property damage to myself or my guest and invitees.THE FOLLOWING PERSONS ARE STRICTLY PROHIBITED FROM USING LEASED EQUIPMENT: CHILDREN UNDER 1 YEAR OF AGE; ADULTS; PREGNANT WOMEN; INDIVIDUALS ON MEDICATION OR UNDER A PHYSICIANS CARE; THOSE WITH PHYSICAL AILMENTS, INCLUDING WEARING OF CAST, HEART CONDITIONS, SHELETAL / MUSCULAR INJURY OR PAIN; INDIVIDUALS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AND PERSONS WHO COULD BE INJURED IN ANYWAY BY THE STRENUOUS ACTIVITY LIKELY TO BE UNDERTAKEN.
V. LIABILITY RELEASE:
The Lessee voluntarily releases, indemnifies, and agrees to hold harmless and discharge Wild Side Party Rentals, LLC from any and all liability claims, demands, actions or rights of actions, whether personal to itself or to a third party, which are related to arise out of or are in any way connected with the rental of the interactive inflatable unit including those allegedly attributable to negligent acts or omissions. The Lessee agrees to reimburse any reasonable attorney’s fees and cost, which may be incurred by Wild Side Party Rentals, LLC in the defense of any such liability claim, demand, action or right of action. In the event that the Lessee files a cause of action against Wild Side Party Rentals, LLC the Lessee agrees to do so solely in the State of Virginia, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. The Lessee agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Lessee acknowledges and represents that it has adequate homeowner’s insurance, tenant insurance, or OTHER liability insurance to cover any bodily injury or property damage, which might occur to itself, its guest, or its invitees from the use of the unit being rented or else agrees to bear the cost of defense and liability of any such injury or damage itself. The Lessee also waives the right of its insurance company to bring any type of action or proceeding on behalf of the lessee against Wild Side Party Rentals, LLC whether by assignment of claim, subrogation or otherwise.
VI. CARE OF RENTAL EQUIPMENT:
Lessee shall be responsible for any and 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. Lessee 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 listed on the front of this agreement. Damage which is not “ordinary wear and tear” include, but is not limited to, cutting or tearing of vinyl or netting, ripping or tearing of handles or hoses, removal or adjustments of liners, flooding with water or any liquid or substance, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, contamination of or dirtying of rental equipment with nonapproved items such as chemicals, food, paint, silly string, mud, clay, or other materials. Should equipment picked-up by Lessor needs to be cleaned, repaired, and / or replaced due to damages a fee of $75.00 U.S.D. will be charged for cleaning and a fee of $150.00 U.S.D. per hour will be charged for any and all repairs plus the cost for shipping, materials and loss of use for rentals. Damage by “Silly String” will result in a minimum cleaning fee of $150.00 U.S.D. per hour or replacement if determined damaged by Lessor.
VII. EQUIPMENT REQUIREMENTS:
LESSEE MUST FURNISH ELECTRICAL OUTLET RATED AT 115 VOLTS WITH A SLO-BLO 20- OR 30-AMP FUSE CAPACITY LOCATED WITIN 100 FEET OF EQUIPMENT WITHOUT ANYTHING ELSE CONNECTED (E.G., A DEDICATED LINE). USE OF MORE THAN A 100-FOOT EXTENSION CORD MAY CAUSE MOTOR TO BURN UP. USE ONLY ONE (1) BLOWER PER FUSE CIRCUIT. VOLTAGE AT MOTOR MUST BE OVER 100 VOLTS. USE OF EXTENSION CORDS OTHER THAN THOSE PROVIDED BY LESSOR IS STRICTLY PROHIBITED.** LESSEE MUST FURNISH WATER SUPPLY AND PROPER ATTACHEMENTS FOR UNITS REQUIRING WATER **
VIII. LIMITED WARRANTY:
Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor’s sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee’s particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee 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. Lessor shall not be responsible for any defect of failure unknown to Lessor at the time of delivery.
IX. COMPLIANCE WITH LAWS:
Lessee 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. Lessee agrees at his/her/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. Lessee further agrees to pay all licenses, fines, fees, permits, or taxes arising from Lessee’s use of the rental equipment, including any subsequently determined to be due. Lessee is solely responsible for obtaining all permits and/or licenses from the appropriate government agencies prior to use.
X. LEGAL FEES:
In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and court cost in such action or proceeding, in an amount to be determined by the court or arbitrator.
XI. SERVERABILITY:
If any of the terms or conditions of this Agreement is 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.
XII. COPYRIGHTS AND TRADMARKS:
All product designs, product names, logos, trademarks, service marks, trade dress, and related materials (whether or not registered with the United States Patent & Trademarks Office) are proprietary to Wild Side Party Rentals, LLC and the sole property of Wild Side Party Rentals, LLC.
XIII. ACKNOWLEDGEMENT:
The Lessee acknowledges and certifies that it has had sufficient opportunity to read this entire document and understands its content and that it was executed freely, intelligently and without duress of any kind and agrees to be bound by its terms. Lessee further warrants and represents that they are either the Lessee named above or are authorized and empowered to accept delivery of the equipment and to sign this Agreement on the Lessee’s behalf and as the Lessee’s agent. Furthermore, Lessee agrees that they are binding themselves personally as an additional party to all of the terms and conditions of this Agreement. I, the undersigned, acknowledge and certify that I have had sufficient opportunity to read the entire Rental Agreement and Acknowledgement of Risks, that I understand its content and that I execute it freely without duress of any kind and agree to the terms herein stated. I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT.
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