NOTE:
Driver pick-up time is approximate. Driver may arrive as early as «end» on «date», the “end” of the “Rental Period” or as late as
1. Safety/Operating
Instructions: In addition to the
information set forth in this agreement, the 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 Jump-N-Jive
Inflatables 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 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.
2. General Release/indemnity/hold harmless: I,
«customer»,
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 Jump-N-Jive Inflatables 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 Jump-N-Jive Inflatables or anyone
acting on behalf of Jump-N-Jive Inflatables be required to incur
attorney’s fees and costs to enforce this agreement, I expressly agree to
indemnify and hold Jump-N-Jive Inflatables harmless for all such fees
and costs. In the event I, the undersigned, or any of my participants file a
lawsuit against Jump-N-Jive Inflatables, it is agreed to do so solely in
the State of
I, «customer», 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.
«customer»SIGNATURE _______________
________________
If under 18 signature of
Parent/Guardian DATE
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. “Jump-N-Jive Inflatables shall mean Jump-N-Jive
Inflatables, its owners, officers, directors, shareholders, employees,
contractors, agents and “Customer” shall mean «customer» 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 Jump-N-Jive Inflatables 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 Jump-N-Jive Inflatables. If the Equipment is delivered by Jump-N-Jive
Inflatables 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 Jump-N-Jive
Inflatables for insufficient funds
customer agrees to pay the total rental price as well as an additional $30.00
fee to Jump-N-Jive
Inflatables in cash immediately upon
notice.
6. Weather: Jump-N-Jive Inflatables 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 Jump-N-Jive Inflatables shall deliver the
Rental Equipment to «address» specified by Customer as listed on the invoice page of
this Agreement. Customer grants to Jump-N-Jive Inflatables 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 Jump-N-Jive Inflatables. 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 Jump-N-Jive
Inflatables the full replacement value for such Equipment listed on the
invoice page of this Agreement, plus any and all incidental costs associated
with the attempted pick up or recovery of the Equipment by Jump-N-Jive
Inflatables. Title to the rental items is and shall remain in Jump-N-Jive
Inflatables. Customer agrees to keep the Rental Equipment in his/her/their
custody and control from the time of Jump-N-Jive Inflatables’ delivery
of the items, until Jump-N-Jive Inflatables 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, Jump-N-Jive Inflatables 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 Jump-N-Jive
Inflatables 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 Jump-N-Jive Inflatables immediately.
10. Care of
the Rental Equipment: Customer 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. Customer shall be liable to Jump-N-Jive
Inflatables for any and 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 reinflate
the unit prior to permitting anyone to use the unit 4) If you cannot correct
the problem, call our office at Company Phone # 1-877-210-5483
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”, then a $500.00 fee shall be
automatically imposed by Jump-N-Jive
Inflatables and shall be Immediately due and payable by Customer D) WARNING
- extra caution and supervision are required for children ages three (3)
and under, 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) Do not
move the inflatable from the location where set-up; H) If the inflatable unit
moves, pull corner(s) back to their original location(s) and resecure; For other questions regarding the safe
installation of equipment, please call our office at 1-877-210-5483 . I)
Do not let the inflatable unit rub up against any
surface.
13. limited Warranty: Jump-N-Jive Inflatables 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. Jump-N-Jive Inflatables sole and exclusive obligations under
this warranty is limited to repair or replacement of the rental
equipment when Jump-N-Jive Inflatables determines that it does not
conform to this warranty. Jump-N-Jive Inflatables 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. Jump-N-Jive Inflatables 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. Jump-N-Jive Inflatables shall
not be responsible for any defect or failure unknown to Jump-N-Jive
Inflatables 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»
Jump-N-Jive Inflatables 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, 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.
16. Legal Fees: In the event that an attorney is retained to enforce
any provision of the Agreement, the prevailing party 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 Jump-N-Jive Inflatables 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.
_______________________
«customer» Signature Date
The
following rules detail safe operational guidelines for the inflatable equipment
you are leasing from Your Company Name Inflatable Rentals. To ensure safe
operation of the inflatable, it is in your best interests to have these rules
read aloud by a company representative. Further, you are encouraged to direct
any questions you may have about the operation of the inflatable to your
representative from Your Company Name Inflatable Rentals before you begin use
of the equipment.
Supervision: The safety
of the children depends on you. Your personal supervision is absolutely
required at all times. As the lessee of this inflatable unit, the safety of all
the riders is your responsibility. As the adult supervisor, you should position
yourself in close proximity of the entrance to the ride and be prepared to
assist riders when they enter/exit the ride.
Age Groups: Only
compatible age groups and sizes shall play on the inflatable at the same time.
The following are guidelines as to the number of riders that may be on the
inflatable unit at the same time:
BOUNCER-- CHILDREN UP TO AGE
CHILDREN AGES 8 – 12: 7-10 COMPARABLE
WEIGHT,
INDIVIDUALS OVER 12: 5-7 HEIGHT, & SIZE
Shoes/Glasses/Jewelry:
All riders MUST REMOVE SHOES, GLASSES, AND ALL LOOSE
JEWELRY before playing in the inflatable.
Pre-existing Health Conditions: Pregnant women, individuals with pre-existing injuries, and others susceptible
to injury from falls, bumps or bouncing are not permitted in or on the
inflatable unit at any time.
Flipping/Wrestling/Piling:
Improper use of the inflatable includes flipping in the air, wrestling, and
riders piling on themselves. Such activity may result in neck and back injuries
to riders.
Installation: Do not
remove the inflatable from the area where it was installed. If the inflatable
unit moves, pull it by one of its corners back to its original location of
installation. Keep the inflatable unit away from swimming pools and other
sources of water at all times.
Inclement Weather: Once
there is a threat of inclement weather, including strong winds (at or in excess
of 20 mph), thunderstorms (especially when lightening is present), or severe
cold weather (below 40 degrees), children should immediately exit the
inflatable. The blower should thereafter be switched off and removed, and the
unit allowed to deflate.
Deflation: Should the
unit begin to deflate, do the following: First, have all children exit the unit
immediately. Next, if the motor has stopped, make sure that it has not been
unplugged. If the motor is still running, check the air intake on the side of
the motor for blockage, and check both blower tubes on the inflatable unit to
make sure that they are tightly tied off. Never allow riders in or on a
partially inflated unit.
Alterations: No
alteration in or attachments to the inflatable unit are allowed, period.
General Misuse: Do not
allow riders to play or climb on walls, sides or roof of inflatable. Do not
allow the inflatable rub up against any surface. Unless previously authorized
by JuMp-N-JiVe Inflatable Rentals,
never place a water hose or water in general onto the inflatable. If the
inflatable should become wet, have an adult wipe down unit before riders
return. Inflatable should not be wet when riders enter the unit.
Negligence or Abuse: The
following fees may be assessed for negligence or abuse of inflatable
1. Spilled
food, drink or the use of Silly String could result in a $100-$500 Cleaning
Fee.
2. Negligence
and damage to unit could result in a $400-$1000 Repair Fee.
3. If unit
is not repairable a fee of $3500-$7000 could result.
I
hereby acknowledge, as witnessed by my signature, that a representative of JuMp-N-JiVe Inflatable Rentals has read aloud to me each of
the above referenced safety rules cited in this agreement. I further
acknowledge by my signature that I understand each of these rules and agree to
abide by them completely.
Customer:
__________________________ __________________________
Print Name Sign Name Date
I
hereby acknowledge, as witnessed by my signature, that I declined to have a
representative of JuMp-N-JiVe Inflatable Rentals read
aloud to me each of the above referenced safety rules cited in this agreement.
I do however agree that before commencing operation of the equipment, I will
read and completely abide by the rules.
Customer:
__________________________ __________________________
Print Name Sign Name Date