Safety
Renter agrees to the following:
•Renter acknowledges that there is an inherent risk of injury or damage related to the use and handling of this equipment. Renter voluntarily agrees to keep and maintain all safety rules for the correct, safe operation, installation and use of all equipment. The renter assumes any and all risk of injury, death or damage related to operation and use of equipment either to self or to anyone permitted by the renter to use any unit.
•Renter will not operate any electrical equipment near water.
•Dry units may not be used with water. Dry units used with water will be assessed a $50/hour cleaning fee. Renter is responsible for any damage to any unit not intended for use with water.
•Renter will not permit the equipment to be operated by anyone who is not fully qualified and who has not received written or verbal instruction from the Renter on the safe operation and use of the equipment, nor shall Renter 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 or in the event of severe weather.
•For overnight rentals, Renter agrees to deflate equipment and properly secure the unit to avoid access, use or injury. Deflated equipment should not be accessible for use. Use or access to deflated equipment may result in injury, suffocation and death. Renter is fully responsible for observation and security of the unit while in Renter’s possession.
•No sharp objects (example: keys, jewelry with sharp edges, belt buckles)
•Children must be supervised at all times
•No alcohol or illegal drug use in, on or near equipment.
•No smoking in, on or near equipment
•Renter and/or guests will not move or relocate unit from the original set-up location.
•Children and adults should not be inside bounce house units simultaneously. Renter agrees to adhere to weight, height and maximum occupancy guidelines.
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ADDITIONAL TERMS AND CONDITIONS
This Agreement constitutes the full agreement between Lessor and Renter. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force of effect.
Identity of parties:
For the purposes of this Rental Agreement and General Release, "Lessor" or "Grand 1 Events" shall mean "Grand 1 Events'", its owners, officers, directors, shareholders, employees, contractors, agents and "Renter" shall mean the person(s) or company listed in the "ordered by" and/or "Renter" boxes on the front side of this agreement, as well as the person signing the agreement (if different), and their agents and/or employees.
1. General Release/Indemnity/Hold Harmless:
Renter will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Renter acknowledges that they are responsible for the rental, operation and use of the rented unit. The Renter further acknowledges that the Renter is responsible for safety of occupants and guests. Renter acknowledges and agrees that Lessor is not responsible for any injury occurring to Renter, or any guests of Renter or to any other persons using the unit and/or equipment, or to any claims by any other person(s) injured
by or on account of the Rental Equipment, while the equipment is in the possession of the Renter. Renter agrees to defend, indemnify and hold harmless Lessor from and against any and all liability, claims, judgments, attorneys fees, and costs, of every kind and nature, including, but not limited to, injuries or death to persons and/or damage to property, whether or not such claimant is known or unknown to Renter, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Rental Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Rental Equipment is in the actual or constructive possession of Renter. These General Release, Indemnity and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of the negligence, whether active or passive, of Lessor or Lessor's suppliers, agents, employees, contractors, drivers or installers. Renter further acknowledges that Lessor is not a food supplier or handler, and that any food related items, such as popcorn, which may be supplied with the Rental Equipment, is a straight pass through by Lessor to Renter. Since this additional service is provided to Renter as a courtesy by Lessor and so long as lessor advises Renter, in writing, after Renter requests, with the name and address of the supplier of any specific item, Renter specifically agrees to waive and release, Indemnify and hold Lessor harmless from and against any and all claims of whatever kind or nature arising out of or involved with the food items supplied.
2. Safety/Operating Instructions:
In addition to the information set forth in this agreement, the renter acknowledges that there are safety and operating instructions located on the front of each unit or provided in writing or by verbal direction prior to rental and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used in accordance with those instructions. Renter further acknowledges and understands that Grand 1 Events has not agreed to nor have they provided any operators with this rented equipment (unless noted in the rented equipment section above, and that the renter is solely responsible for the correct and safe operation of this equipment.
3. Delivery and Set-up
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Equipment will only be installed on a level foundation.
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Lessor shall deliver the Rental Equipment to the street address specified by Renter as listed on the front side of the Agreement. Renter grants to Lessor the right to enter the property at the said street address (Delivery Address) for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated
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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 is acknowledged by Renter.
4. Receipt/Inspection of Rental Equipment
Renter hires the Rental Equipment on an "as is" basis. Renter acknowledges that Renter 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. Renter specifically agrees that such rental items will not be used if Renter finds that it is not suitable for Renter's needs. Renter acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order.
5. Limited Warranty
Lessor 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. Lessor's sole and exclusive obligations 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 express or implied. There is no warranty or representation that the rental equipment is fit for Renter's particular intended use, or that it is free of latent defects.
Lessor shall not be responsible to Renter or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
Lessor 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. Lessor's sole and exclusive obligations 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 express or implied. There is no warranty or representation that the rental equipment is fit for Renter's particular intended use, or that it is free of latent defects.
Lessor shall not be responsible to Renter or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
6. Equipment, Rent, Payment, and Term of Rental Agreement
Renter rents from "Grand 1 Events", as Lessor, that certain equipment described on the front side of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as "RENTAL PERIOD" on the front side of this Agreement, but all of Renter'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 Lessor. Lessor cannot guarantee weather conditions, and if the Equipment is delivered by Lessor and accepted by Renter, then Renter shall not be entitled to any refund whatsoever if weather conditions prohibit safe use of the Equipment, or if Renter otherwise elects not to use the Equipment due to weather or other causes.
7. Care of the Rental Equipment
Renter 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. Bounce House will not be set-up in the event of rain or the threat of rain. Renter 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. Damage which is not
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"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, drying due to rain and/or not limited to sprinkler system, hoses, super soakers, etc., contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string, mud, clay, or other materials.
8. Possession/Title
Renters right to possession of the Rental Equipment begins upon the items being delivered to Renter's premises and terminates on the actual pick up by Lessor. 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 Renter is obligated to pay to Lessor the full replacement value for such equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the equipment by Lessor. Title to the rental items is and shall remain in Lessor. Renter agrees to keep the rental equipment in his/her/their custody and control from the time of Lessor's delivery of the items, until Lessor picks up such items. Renter 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, Lessor may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend, and hold Lessor 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, Renter shall notify Lessor immediately.
9. Equipment Problems
Should any equipment develop a problem, or does not function correctly at any time, or Renter does not understand the operating instructions, Renter agrees to immediately cease use of that equipment and contact Grand 1 Events Equipment Manager at 848-284-7232.
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Compliance with Laws:
Renter 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. Renter 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. Renter further agrees to pay all licenses, fines, fees, permits, or taxes arising from Renter's use of the rental equipment, including any subsequently determined to be due. Renter is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use.
Legal Fees:
In the event that an attorney is retained to enforce any provision of the Agreement and the Lessor prevails, the Lessor shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding, an amount to be determined by the court or arbitrator.
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