Rental Agreement

Rental Agreement and Acknowledgment of Risk and Release

 

Rental Unit(s):                                                                                  Date of Rental:                                        

Lessee Name:                                                                                              DL#                                               

Phone #                                                                                            Amount Due                                            

Address:                                                                                                                                                            

                                                                                                                                                                            

Rental Date:                                                               Return Date:                                                                   

 

I understand and acknowledge that the activity to be engaged with the rental of an inflatable unit(s) interactive amusement device brings with it both known and unanticipated risks to myself and/or guests and/or participants and any other persons that may use the device(s).  I further acknowledge that any such risk may include, without limitation and by way of example only, falling, slipping, crashing, and collision that may result in injury, illness, emotional distress, loss of work and/or wages, death, or property damage to myself and/or my guest and/or participants and any other persons that may use the device(s).

Harmless Provisions:

Lessee, for itself, its heirs, successors and assigns, hereby agrees to save, defend, indemnify and hold harmless Lessor, its owners, officers, directors, employees, and agents from and against any and all claims, actions, suits, proceeding costs, expenses, damages, and liabilities, including reasonable attorney fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the devices including the manufacture, selection, delivery, possession, use, operation, or return of equipment. (Cont.)

Lessee Initials:                                                    Date:                                          

Lessee, for itself, its heirs, successors and assigns also agrees to save, defend, indemnify and hold harmless Lessor, its owners, officers, directors, employees, and agents from and against any loss, damage, theft, or destruction of the equipment during the term of the contract and any extension thereof.  Lessee hereby releases and holds harmless Lessor, its owners, officers, directors, employees, and agents from and against any and all liability associated with any injuries, death, or damages of and kind of nature incurred from or arising as a result of the use of above identified equipment and/or devices.  Lessee understands, acknowledges and agrees that Lessor shall not under any conditions beyond the actual control or knowledge of Lessor.

Duty to Mitigate:

In the event of injury, damage, or loss due to Lessor’s gross negligence, Lessee understands, agrees and assumes the affirmative duty to mitigate all cost resulting from said injury, damage or loss.

Disclaimer of Warranties:

Lessor makes no warranties either expressed or implied as to the condition or performance of any equipment, devices and/or property leased by lessee.  By signing this contract, Lessee acknowledges and agrees that any warranty of merchantability or fitness for a particular purpose, together with any and all implied warranties, are hereby expressly disclaimed by Lessor.  Lessee understands, acknowledges and agrees that the only warranty(ies) relating to the equipment, device(s), and/or property is that which is stated on the instruction manual of said equipment, device(s) and/or property (if any), which Lessee acknowledges having received a copy of.

Merger Clause:

This signed Agreement in conjunction with the signed instruction manual and signed reservation form contains the entire agreement between Lessor and Lessee.  No amendment, whether from previous or subsequent negotiations between the lessee and Lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract.  The invalidity or unenforceability of any particular provisions of this Agreement shall not affect the other provisions hereof:

Lessee Printed Name:                                                                                                         Date:                             

 

Lessee Signature:                                                                                                                                                      

Delivery:

The Lessee acknowledges that delivery/set-up/take-down/pick-up of equipment is NOT included in any of the advertised pricing and that an additional charge shall be due and payable.  All promoted rental prices are for pick-up and drop-off from our office location as stated above.   Lessee hereby acknowledges that any such delivery/set-up/take-down/pick-up of equipment services are available for an additional fee that will be determined based off mileage from Lessors principle place of business, but in no event shall any such additional fee be less than $50.00.

In the event the Lessee chooses to have Lessor (or its representative(s)) provide delivery/set-up/take-down/pick-up services, the Lessee understands, agrees, and grants to Lessor the permission to enter Lessee’s property for the delivery and pick-up of equipment at the approximate agreed upon times.

Lessee understands, acknowledges and agrees that rentals that are set-up on hard surfaces such as asphalt must be closely watched to prevent movement of the equipment and device(s).  If the equipment and/or device(s) move in a back and forth, side to side, and/or any combination of sliding around on a hard surface, Lessee understands, acknowledges, and agrees that damage and/or staining may occur on the underneath of the equipment and/or devices, which may result in an additional damage/cleaning/loss fee(s) being charged to the Lessee.

Lessee hereby agrees to not set-up and/or operate any rented equipment from Lessor on any type of concrete or rock surface(s) unless prior written approval from Lessor is given.  

Weather:

Lessor reserves the right not to perform outdoor agreements when, in Lessors judgment, weather conditions would be detrimental to the equipment and/or safety concerns for the Lessee.  This includes but is not limited to wind, rain, mud, hail, lightening, storms, tornados, or any other type of naturally occurring weather conditions or circumstances beyond the control of Lessor.  Lessee understands, acknowledges, and agrees that a suitable indoor location should be reserved as an alternative site in the event of forecasted weather conditions that may prevent or limit outdoor use.

Unfavorable weather conditions are NOT an acceptable reason for cancellation of rental.  Lessee understands that Lessor cannot control weather conditions and agrees to pay, in full, the rental amount(s) for equipment and/or devices that are reserved regardless if equipment and/or devices are picked up/delivered and/or operated due to weather.

In the event Lessor cancels your reservation due to weather or damage rendering equipment inoperable prior to your reservation, a full refund will be provided to lessee.

Lessee Initials:                                                     Date:                                                      .

Rental Unit(s) Damages:

Lessee agrees to be responsible for any damage to Lessor’s rental equipment and/or devices.  If any damage to the equipment and/or devices occurs while said items are in Lessee’s possession, Lessee understands, acknowledges, and agrees that all fees associated with repair and/or replacement shall be the sole responsibility of the Lessee.

Damage fees can vary widely depending on the type of damage.  Some examples of fee ranges are below; however, these do not represent any guaranteed prices or constitute as an agreement to cost associated with damages or loss of equipment.  Lessor agrees, that at the written request of the Lessee, in a situation where Lessee disputes the damage fees, to provide proof of damage repair cost and or replacement cost to Lessee.

Estimated Fees:

$100.00 – $450.00 – Cleaning

$450.01 – $3500.00 – Damage Repair

$3500.01 and Up – Total Loss of Unit

Absolutely NO Silly String, or similar type aerosol spray materials, can be sprayed in, on, or around 5 Lil Monkeys rental equipment.  If any type of Silly String or similar type product, or evidence of product, is found on equipment and/or devices upon return, Lessee understands, acknowledges, and agrees that it shall be charged an additional $500 cleaning fee any by its signature below, Lessee hereby authorizes and directs Lessor to make any such additional charge to its credit card in the event of any such damage.

I acknowledge and represent and warrant to Lessor, as a material inducement for making and entering this Agreement, that I have adequate homeowners’ insurance, tenants insurance, and/or other liability insurance to cover any bodily injury or property damage which may occur to myself, my children, my guest(s), and/or participants for the use of the equipment and/or device(s) I am renting.  If not, Lessee assumes all responsibility in the event of any such injury, damage, or loss due to lessee’s negligence.  Lessee agrees and assumes the duty to be responsible for cost resulting from said injury, damage, and/or loss.

Lessee Initials:                                                     Date:                                                      .

 

Rules and Supervision/Operation:

Participants must be supervised at ALL times.  Please review rules to participants before using the equipment and/or device(s).

The Lessee agrees to supervise the equipment and/or device(s) and their use at all times said equipment and/or device(s) are in the possession of the Lessee.  The Lessee understands, acknowledges, and agrees to assume the role of operator while the equipment and/or devices are in Lessee’s possession.

Accompanying the contract is a set of manufacturer directions (printed on each inflatable unit at the point of entry) for use.  Lessor’s Safety Rules and Code of Conduct, which applies to the use of any and all equipment and/or devices stated in this signed Agreement, which Lessee agrees to follow and utilize at all times during the operations and use of the above stated equipment and/or device(s).  Lessee is responsible for enforcing posted rules, rules listed in this document, and any attached rules/code of conduct provided.

The operator Lessee is responsible for ensuring that the size and number of persons entering the equipment and/or device(s) does not exceed the manufacturer maximum occupancy.

Lessee agrees to have at least 1 person, of average strength, per piece of equipment and/or device(s) at all times.  This person will be responsible for the proper operation of the equipment and/or device(s).  Instructions for safety and operation will be reviewed at the time of pick-up or delivery.

  • No Shoes
  • Socks are required at all times
  • Assist all participators in entering and exiting the inflatable(s)
  • All participators MUST REMOVE shoes, glasses, belts, jewelry, sharp objects, etc.
  • Absolutely NO FLIPS/Somersaults and/or acrobatics of any kind in/on the inflatable
  • No roughhousing, horseplay, wrestling, fighting, etc. in/on/around the inflatable
  • No climbing, hanging, standing, swinging, or pulling on the sides, tops, backs, or support areas of the unit(s)
  • No crawling under the bottoms or edges of the inflatable’s
  • No taping, fastening, securing, or hanging ANYTHING to or in the inflatable.
  • No food, drinks, candy, animals, shoes, sharp objects or stilly string are to be consumed/used in or on the inflatable(s) at any time.

Lessee Initials:                                                     Date:                                                     

Should the inflatable begin to deflate?

  • Immediately remove all participators from the inflatable unit and clear the area around the unit
  • If the blower motor has stopped running
    • Check to ensure the on/off switch is still in the “On” position
    • Check all power connection at the outlet, blower, and extension cords is in use
    • Check your breaker panel to ensure a breaker has not tripped
    • Check your GFI to ensure it has not tripped
  • If the blower motor is still running
    • Check to ensure air supply tube is still tightly secured to the blower outlet
    • Check to ensure air supply tube is straight and clear of any blockages
    • Check to ensure ALL (there are more than one) zipper air releases are zipped closed
    • Check to ensure any secondary air supply tubes are rolled up tightly and secured behind the Velcro cover.

Full Payment is Due at Time of Pick-Up or Delivery

Lessee agrees to accept for use “as is” the equipment and/or device(s) listed on this Rental Agreement. Lessee agrees to accept full responsibility for the care of ALL equipment and/or devices while in Lessee’s possession.  Lessee agrees to pay full retail value of any equipment and/or device(s) rented under this agreement that Lessee does not return or that is beyond repair.  Lessee agrees to pay for any cost of repair due to Lessee’s negligence and/or misuse.  Lessee agrees to follow all rules as stated and outlined in this agreement.

Lessee understands, acknowledges, and agrees that Lessee has had sufficient opportunity to read all 6 pages of this document, in its entirety, in which Lessee understands all content and Lessee executes freely, intelligently, and without duress of any kind and agree to be bound by its terms.

 

Lessee Printed Name:                                                                                                         Date:                     

 

Lessee Signature: