Rental Agreement and Liability Waiver
Jungle Jumps – Event & Party Rentals LLC
This Rental Agreement is made and effective as of the Rental Date by and between the undersigned Lessee and Jungle Jump Event & Party Rentals, LLC (“Jungle Jump”), the Lessor. Lessee and Jungle Jump have mutually agreed that this Rental Agreement shall be subject to the information contained in this contract.
The Lessee hereby engages Jungle Jump who agrees to furnish the items described below (the “Equipment”) upon the terms and conditions set forth herein.
* 1. Payment. Full payment is due upon delivery the Equipment by Jungle Jump .
* 2. Timing and Fees. The reserved rentals shall be delivered no later than 45 minutes before the requested start time unless both parties agree upon other arrangements. Jungle Jump reserves the right not to perform outdoor engagements when, in Jungle Jump’s judgment, weather conditions would be detrimental to the equipment and/or safety concerns for Lessee. This includes but is not limited to wind, rain, mud, snow, or ice. A suitable indoor location should be reserved as an alternative site in the event of poor weather conditions. If the weather is estimated to be poor conditions for inflation or use of the Equipment, then a representative from Jungle Jump will contact the Lessee prior to delivering the equipment. Once the equipment arrives at the event, payment is due and not refundable.
* 3. Trip Fee. Except as provided herein, all charges in delivering and subsequent pick-up or retrieval of the Jungle Jump Equipment with respect to the Lessor’s Address are included in the Rental Fee. In the event that the Lessee does not return the Equipment at the appointed time, then a $50.00 Transportation Fee shall be charged to the Lessee.
* 4. Setup and Operation. The Lessee should have at least 1 person of average strength per inflatable at all times. This person (operator) will be responsible for operation of the ride. Lessee is responsible for enforcing posted and below listed rules. Instructions for safety and operation will be reviewed at the time of setup.
1. All occupants remove their shoes before entering unit.
2. All occupants are assisted when entering and exiting the unit.
3. Occupants are sorted by size. Only occupants of the same size should be allowed in the unit at the same time (for the protection of smaller event-goers).
4. Occupants remove glasses and dangling jewelry.
5. No climbing, hanging or pulling on the nets, sides, top, or back of the units.
6. No roughhousing or horseplay in, on or around the unit.
7. At any given time, Slide/Slip & Slide shall be limited to ONE PERSON at any given time.
8. At any given time, Equipment’s Capacity of the occupants is never to exceed:
* 5. Safety. In addition to the information set forth in this agreement, Lessee 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. Lessee further acknowledges and understands that the Lessee is solely responsible for the correct and safe operation of this equipment. Lessee further agrees to keep all equipment away from swimming pool(s) and any water supply and Lessee understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Lessee acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Lessee 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, Lessee will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from Lessee on the safe operation and use of the equipment, nor shall Lessee 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. The Lessee acknowledges that they have received a copy of the Safety Rules and Emergency Procedures (“Safety Rules”) and hereby agrees to follow and abide by the Safety Rules.
* 6. Title. Lessee’s right to possession of the Rental Equipment begins upon the Equipment being delivered to Lessee’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 Lessee is obligated to pay to Lessor the full replacement value for such Equipment as listed on the front side of the Agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Lessor. Title to the rental Equipment is and shall remain in Lessor. Lessee agrees to keep the Rental Equipment in his/her/their custody and control from the time of Lessor’s delivery of the Equipment, until Lessor picks up such Equipment. Lessee shall not cause nor permit these Equipment, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such Equipment. lf rental Equipment are not retuned and/or levied upon for any reason whatsoever, Lessor may retake possession of said Equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Lessee 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 Equipment are levied upon, or otherwise moved from Delivery Address, Lessee shall notify Lessor immediately.
* 7. Care of the 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 Jungle Jump for any and all damage that 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.
* 8. Equipment Problems. Should any equipment develop a problem, or does not function correctly at anytime, or Lessee does not understand the operating instructions, Lessee agrees to immediately cease use of that equipment. In particular, if the equipment includes a Bounce House, and the Bounce House begins to deflate Lessee will immediately have the riders exit the Bounce House 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 or generator or power outlet to make sure that it has not been unplugged.
2) lf 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 Bounce House unit for snugness and tighten the ties if necessary or if disconnected, reconnect to blower.
3) lf either of these steps corrects the problem, fully re-inflate the Bounce House prior to permitting anyone to use the unit.
4) lf you cannot correct the problem, call Jungle Jump
* 9. 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 any and all permits and/or licenses from the appropriate governmental agencies prior to use.
* 10. Legal Fees. In the event that an attorney is retained to enforce any provision of the Rental Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees, court costs, and reasonable litigation expenses in such action or proceeding, and an amount to be determined by the court or arbitrator.
* 11. Lessee Acknowledgment. Lessee acknowledges and certifies that they have had a sufficient opportunity to read this entire Rental Agreement, and agree to be bound by all the terms and conditions on both sides and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
* 12. 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.
* 13. Entire Agreement. This Agreement constitutes the full agreement between Lessor and Lessee. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force of effect. Lessee hereby acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and Release, Waiver, and Hold Harmless Agreement and the fact that it is in good working order.