2013 rental agreement - bounce house guys

2
RENTAL AGREEMENT www.BounceHouseGuys.com Drivers License# LESSOR Bounce House Guys Laser Tag Paintball LLC 8206 Rockville Rd #152 Indpls, Indiana 46214 317-222-9522 Phone/Order 317-339-1422 Delivery/Laser Tag Paintball bouncehouseguys.com LESSEE’S /ORG NAME LESSEE’S AUTHORIZED REPRESENTATIVE ADDRESS CITY ZIP PH# PH# Other DELIVERY FEE $ NONREFUNDABLE DEPOSIT PAID/ .07% SALES TAX PAID/EXEMPT# $ EQUIPMENT SUBTOTAL $ PAID IN FULL OR AMOUNT DUE $ DELIVERY DATE/TIME PICK-UP DATE/TIME UNITS SET UP ON WHAT KIND OF SURFACE PAVEMENT GRASS INDOOR Power outlet within 100 feet YES No Public Location YES Bounce House ID#______ WKEND Bounce House ID#_______ Combo ID#______ WKEND Combo ID#______ Kahuna Slide Small Obstacle ID#_____ Large Obstacle Wrecking Ball Bungee Run Joust Sumo Suits Generator Snow Cone Laser Tag Paintball Bazooka ball Paintless Paintball Bus WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT As consideration for rental of the equipment identified above (the “Equipment”) by the undersigned (“Lessee”) from Laser Tag Paintball LLC DBA Bounce House Guys (“Lessor”) the undersigned acknowledges, appreciates, understands, and agrees to the following: 1. Lessee acknowledges and understands that there are inherent risks associated with the rental and use of the Equipment including but not limited to: contusions, fractures, scrapes, cuts, bumps, temporary or permanent disability, paralysis, or death. These injuries may result from a number of causes, including but not limited to: inclement weather, Equipment malfunction or failure, misuse of Equipment; or negligence of participants. Lessee willingly assumes the risks associated with use of the Equipment and accept that there are also risks that may arise due to other participants which Lessee also willingly assumes. Lessee agrees to require a parent or legal guardian of each participant to sign a waiver/release of liability in form acceptable to Lessor prior to use of the Equipment by such participant. Lessee agrees that it shall comply with all rental policies and procedures, rules, and verbal instructions as conditions for rental and use of the Equipment, including without limitation, the Rental Policies and Procedures delivered with this agreement and which are incorporated herein. Lessee agrees to advise all other participants of such policies, procedures, rules, and instructions. 2. For good consideration and to induce Lessor to enter into this agreement, Lessee hereby agrees to indemnify, defend, discharge and hold harmless Lessor and its officers, agents, employees, representatives, owners, and affiliates from any and all claims, demands, actions, suits, proceedings, costs, expenses, damages, and liabilities including, without limitation reasonable attorney’s fees (hereinafter collectively called “Liabilities”) arising by reason of injury, disability or death to persons, damage to property or theft, in connection with or resulting from the condition, delivery, return, operation, or use of the Equipment. Lessee hereby releases and holds harmless Lessor from any and all Liabilities incurred as a result of the condition, delivery, return, operation, or use of the Equipment unless Lessor is deemed by a court of proper jurisdiction to be grossly negligent in its actions. Lessor shall not under any circumstances be held liable for Liabilities as a result of acts of God, nature, or other conditions beyond its control or knowledge. By signing this agreement, Lessee agrees to forego seeking any consequential damages in the event of any injury, death, damage, disability, or loss due to Lessor’s negligence. 3. Lessee has inspected the Equipment and agrees that it (they) has (have) been properly secured with metal stakes and/or sandbags and is satisfied with the delivery person’s attempt to secure the unit on the property, however, the attempts to secure do not guarantee that the Equipment will remain in place and Lessee acknowledges that there remains a significant risk that the Equipment will not remain grounded. If Lessee decides to set up or secure Equipment itself, Lessee agrees that it has been informed about and/or observed the proper way to secure Equipment to the property and Lessee is financially and legally responsible for any liability that results from this decision to set up and/or secure the Equipment myself and/or to direct another person to set up or secure Equipment 4. Lessee agrees that it will not use or allow others to use the Equipment if severe weather conditions exist including, without limitation, rain, wind exceeding 14 miles per hour, and/or lightning. Lessee agrees that it is its sole responsibility to protect the Equipment from damage due to weather and to protect those individuals using the Equipment during inclement weather conditions or at any other time. Lessee acknowledges that Lessor makes no warranties either expressed or implied as to the condition or performance of any Equipment. By signing this agreement, Lessee agrees that any warranties of merchant ability or fitness for a particular purpose are hereby disclaimed by Lessor. Lessee agrees that no express warranty as to the condition or performance of any Equipment have been made by Lessor. Lessee agrees to be responsible for any loss of or damage to the Equipment and shall reimburse Lessor for all of Lessor’s costs and expenses for repair and replacement of any Equipment. Lessee is solely responsible for any loss or damage that occurs for any reason while the Equipment is in the possession of Lessee and until Lessor has inspected and accepted the Equipment. Lessee agrees to allow Lessor one week from pick-up date to inspect the Equipment for damage. If Lessor finds any damages that occurred while in Lessee’s care and control, Lessee will be responsible as provided herein. 5. Lessee understands that this document is intended to be as broad and inclusive as permitted by the laws of the State of Indiana and agree that if any portion of this agreement is invalid, the remainder will continue in full legal force and effect. The individual signing this agreement on behalf of Lessee represents that he/she is of legal age, is freely signing this agreement, has been duly authorized by Lessee to execute this agreement on its behalf. I acknowledge and certify that I had sufficient opportunity to read the Waiver, Release, Hold Harmless, and Indemnification Agreement as well as the Rental Policies and Procedures. Lessee understands the contents of these documents and agrees to be bound by the terms. Date:_________________ Lessee (if an entity) Lessee (if an individual) ________________________________________ Signature_______________________________ Signature:______________________________ Name:__________________________________ Name:__________________________________ Title:____________________________________

Upload: others

Post on 29-Nov-2021

6 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: 2013 Rental Agreement - Bounce House Guys

RENTAL AGREEMENT www.BounceHouseGuys.com Drivers License# LESSOR Bounce House Guys Laser Tag Paintball LLC 8206 Rockville Rd #152 Indpls, Indiana 46214 317-222-9522 Phone/Order 317-339-1422 Delivery/Laser Tag Paintball bouncehouseguys.com

LESSEE’S /ORG NAME LESSEE’S AUTHORIZED REPRESENTATIVE ADDRESS CITY ZIP PH# PH#

Other

DELIVERY FEE $ NONREFUNDABLE DEPOSIT PAID/ .07% SALES TAX PAID/EXEMPT#

$

EQUIPMENT SUBTOTAL $ PAID IN FULL OR AMOUNT DUE $

DELIVERY DATE/TIME PICK-UP DATE/TIME UNITS SET UP ON WHAT KIND OF SURFACE PAVEMENT GRASS INDOOR Power outlet within 100 feet YES No Public Location YES

Bounce House ID#______ WKEND Bounce House ID#_______ Combo ID#______ WKEND Combo ID#______ Kahuna Slide Small Obstacle ID#_____ Large Obstacle Wrecking Ball Bungee Run Joust Sumo Suits Generator Snow Cone Laser Tag Paintball Bazooka ball Paintless Paintball Bus

WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT As consideration for rental of the equipment identified above (the “Equipment”) by the undersigned (“Lessee”) from Laser Tag Paintball LLC DBA Bounce House Guys (“Lessor”) the undersigned acknowledges, appreciates, understands, and agrees to the following: 1. Lessee acknowledges and understands that there are inherent risks associated with the rental and use of the Equipment including but not limited to: contusions, fractures, scrapes, cuts, bumps, temporary or permanent disability, paralysis, or death. These injuries may result from a number of causes, including but not limited to: inclement weather, Equipment malfunction or failure, misuse of Equipment; or negligence of participants. Lessee willingly assumes the risks associated with use of the Equipment and accept that there are also risks that may arise due to other participants which Lessee also willingly assumes. Lessee agrees to require a parent or legal guardian of each participant to sign a waiver/release of liability in form acceptable to Lessor prior to use of the Equipment by such participant. Lessee agrees that it shall comply with all rental policies and procedures, rules, and verbal instructions as conditions for rental and use of the Equipment, including without limitation, the Rental Policies and Procedures delivered with this agreement and which are incorporated herein. Lessee agrees to advise all other participants of such policies, procedures, rules, and instructions. 2. For good consideration and to induce Lessor to enter into this agreement, Lessee hereby agrees to indemnify, defend, discharge and hold harmless Lessor and its officers, agents, employees, representatives, owners, and affiliates from any and all claims, demands, actions, suits, proceedings, costs, expenses, damages, and liabilities including, without limitation reasonable attorney’s fees (hereinafter collectively called “Liabilities”) arising by reason of injury, disability or death to persons, damage to property or theft, in connection with or resulting from the condition, delivery, return, operation, or use of the Equipment. Lessee hereby releases and holds harmless Lessor from any and all Liabilities incurred as a result of the condition, delivery, return, operation, or use of the Equipment unless Lessor is deemed by a court of proper jurisdiction to be grossly negligent in its actions. Lessor shall not under any circumstances be held liable for Liabilities as a result of acts of God, nature, or other conditions beyond its control or knowledge. By signing this agreement, Lessee agrees to forego seeking any consequential damages in the event of any injury, death, damage, disability, or loss due to Lessor’s negligence. 3. Lessee has inspected the Equipment and agrees that it (they) has (have) been properly secured with metal stakes and/or sandbags and is satisfied with the delivery person’s attempt to secure the unit on the property, however, the attempts to secure do not guarantee that the Equipment will remain in place and Lessee acknowledges that there remains a significant risk that the Equipment will not remain grounded. If Lessee decides to set up or secure Equipment itself, Lessee agrees that it has been informed about and/or observed the proper way to secure Equipment to the property and Lessee is financially and legally responsible for any liability that results from this decision to set up and/or secure the Equipment myself and/or to direct another person to set up or secure Equipment 4. Lessee agrees that it will not use or allow others to use the Equipment if severe weather conditions exist including, without limitation, rain, wind exceeding 14 miles per hour, and/or lightning. Lessee agrees that it is its sole responsibility to protect the Equipment from damage due to weather and to protect those individuals using the Equipment during inclement weather conditions or at any other time. Lessee acknowledges that Lessor makes no warranties either expressed or implied as to the condition or performance of any Equipment. By signing this agreement, Lessee agrees that any warranties of merchant ability or fitness for a particular purpose are hereby disclaimed by Lessor. Lessee agrees that no express warranty as to the condition or performance of any Equipment have been made by Lessor. Lessee agrees to be responsible for any loss of or damage to the Equipment and shall reimburse Lessor for all of Lessor’s costs and expenses for repair and replacement of any Equipment. Lessee is solely responsible for any loss or damage that occurs for any reason while the Equipment is in the possession of Lessee and until Lessor has inspected and accepted the Equipment. Lessee agrees to allow Lessor one week from pick-up date to inspect the Equipment for damage. If Lessor finds any damages that occurred while in Lessee’s care and control, Lessee will be responsible as provided herein. 5. Lessee understands that this document is intended to be as broad and inclusive as permitted by the laws of the State of Indiana and agree that if any portion of this agreement is invalid, the remainder will continue in full legal force and effect. The individual signing this agreement on behalf of Lessee represents that he/she is of legal age, is freely signing this agreement, has been duly authorized by Lessee to execute this agreement on its behalf. I acknowledge and certify that I had sufficient opportunity to read the Waiver, Release, Hold Harmless, and Indemnification Agreement as well as the Rental Policies and Procedures. Lessee understands the contents of these documents and agrees to be bound by the terms. Date:_________________ Lessee (if an entity) Lessee (if an individual) ________________________________________ Signature_______________________________ Signature:______________________________ Name:__________________________________ Name:__________________________________ Title:____________________________________

Page 2: 2013 Rental Agreement - Bounce House Guys

RENTAL POLICIES AND PROCEDURES

Payments. All payments are due upon delivery of the inflatable, rental items and/or services. Cash only or Business, Church, or School checks are accepted (no personal checks). Cancellations. You can call and cancel your rental at any time; however, your deposit is nonrefundable. You can choose to use your deposit towards another rental if you wish to reschedule for a different day for up to three months. Weather Policy. If it is raining the morning of the scheduled delivery, we will not start deliveries until the rain has stopped. Rain can be a hazard due to slipping and electrical shock near the blower; winds of greater than 14 MPH can be potentially hazardous due to the inflatable blowing over with children in or on it. As inclement weather is beyond our control, we recommend you have an alternate indoor location for your party. If not, you must call and cancel your rental before we deliver it to you. If you do receive your rental and severe weather (rain, high winds, lightning) occurs, there are no discounts or refunds available. Once the rental is set up, you are responsible for the full amount of the rental. We reserve the right to cancel your reservation if severe weather conditions exist or are predicted during the time of your rental; however, your deposit is still nonrefundable. Delivery. We cannot reserve an inflatable without a deposit for each item. We require a nonrefundable deposit to reserve each rental for your event. This deposit is subtracted from your total balance due upon delivery. All deposits are nonrefundable; however, if your rental is cancelled, the deposit may be used towards a future rental within three months of the original scheduled rental date. We accept deposit payments by credit card, money order, or business checks. Remaining balance is due upon delivery and accepted in payments of cash or business checks only. Safety and How to Minimize Damaging the Inflatable. Again, safety is always first when it comes to children. All units must be supervised by an adult. Inflatables require a minimum of one supervisor per unit. Important Rules to Follow.

1. No somersaults, rough housing or flips allowed. 2. No hanging from, rocking, or sitting on edges of inflatables because injuries can occur. 3. No sharp objects in or on the Equipment. 4. Silly string and fireworks are strictly prohibited near the Equipment. You will be responsible for the $5,000 replacement cost

of the Equipment if silly string gets on the Equipment. 5. No smoking, liquid (except water on water slides), candy, gum, or food is allowed in or on the Equipment. 6. Slide down feet first on slides and one person at a time only. 7. No hitting people in the head with joust poles. 8. All children must take their shoes off before entering or climbing onto inflatable. 9. On the wrecking ball unit, one person in the middle and others on the outside on the ground. 10. No hanging on the wrecking balls. A $300 fee per ball will be charged, if damaged.

Weather. Bad weather can arrive in the form of rain, lightning, or strong winds. In each case, you must evacuate the inflatable as quickly as possible. Stay calm and stay focused on your job, which is to help your guests exit the unit quickly, but in an orderly fashion. After everyone has exited the unit, deflate the unit by unplugging the blower or fan. Loss of Electrical Power. This situation tends to cause panic. Please remain calm because you will have ample time to help your guests exit safely and quickly. Each person must exit the unit. Check to see if the unit has become unplugged. If so, plug the unit back into the outlet and the unit will reinflate. Damage. If the unit becomes damaged (ripped or gets a hole) while in your operation, have the guests exit the unit. Write down what happened, when, and any other details you observed and contact us immediately. Also, do not attempt to continue to operate the inflatable. Capacity for Moonwalks. Compatible age groups must play in the unit at the same time. Age groups should not be mixed on moonwalks. You must restrict the number of children in an inflatable as follows: ages 2-8 years old = 8 children; ages 9-13 years old = 7 children; ages 14 and older = 4 people. Preparation. Depending on the inflatable, please provide a 20x20 foot area at a minimum (with the exception for the obstacle courses which are much larger, so see website or Bounce House Guys representative for details) for us to place your inflatable. This area must be clear of branches, fences, inclines and any other obstructions. If you plan to have us set up on concrete or asphalt, then we need to be informed because tarps will need to be laid down to protect the base of the inflatable. The bounce site needs to be relatively level. A standard 110-volt outlet within 100 feet is required for operation. If no outlet is available, we do offer generators for rent (subject to availability). If you are planning to set up at a city park then you must call that park in advance to let them know you are having an inflatable there. Most parks require a one day permit pass to have an inflatable set up and can take up to ten days to process.