Rental Agreement/Release of
Liability/Hold Harmless
NOTE: Driver pick-up time is
approximate. Driver may arrive as early as 7 AM on rental date, the
"end" of the "Rental Period" or as late as 11 pm to pick up the
equipment. Customer is responsible for, and required to stay with
all the equipment until it is picked up by our representative, or
other arrangements have been made.
x
Customer/Lessee
is responsible for having any underground utilities or sprinkler
systems marked prior to our delivery.
Call 811 or
visit this website: 48 hour notice required
§
All leased equipment requires mandatory adult supervision
at all times.
§
The Customer, Receiver, and User of the leased equipment understands
and agrees to provide an attendant who is trained in the operation
and safety of the leased equipment.
§
Customer
will provide its own liability insurance, unless otherwise
specified.
§
Customer
is responsible for the replacement value of the new leased equipment
in the event of theft, vandalism, fire, or any act, which damages or
destroys the leased equipment.
§
All rentals are to be paid by check or cash. A
$75 service fee will be charged for
all returned checks.
Payment in cash is required upon notification of returned check.
A minimum charge of $75, plus attorney fees,
and other expenses associated with the collection of the payment,
will be incurred in the event the cash payment is not received.
§
Failure to comply with the terms of this agreement, failure to make
payment, or failure to return leased equipment to
A Higher Bounce
as agreed, shall make the
Customer liable to A Higher Bounce for additional one-day
rental fee [per day] until all equipment is returned, as well as,
all legal, court, and attorney fees incurred in order to obtain
return of said equipment.
x_____Pre-existing
Health Conditions: WARNING - Individuals with head, neck, back or other
muscular-skeletal Injuries or disabilities, pregnant women,
individuals with pre-existing injuries and health conditions
(including participants in casts), small infants, and others who may
be susceptible to Injury from falls, bumps or bouncing are not
permitted in the unit at any time,
x_____ General Release/indemnity/hold harmless:
c/o____________________________, 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 A Higher Bounce 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 A Higher
Bounce or anyone acting on behalf of A Higher Bounce be
required to incur attorney's fees and costs to enforce this
agreement, I expressly agree to indemnify and hold A Higher
Bounce harmless for all such fees and costs. In the event I, the
undersigned, or any of my participants file a lawsuit against A
Higher Bounce, it is agreed to do so solely in the State of
North Carolina. I agree that if any portion of this agreement is
found to be void or unenforceable, the remaining portions shall
remain in full force and effect. In consideration of being permitted
by A Higher Bounce to use its equipment and facilities, the
undersigned and it participants agree to indemnify and hold harmless
A Higher Bounce from any and all claims which are brought by
the undersigned and/or their participants and which are in any way
connected with such use or participation. A set of Rules and
Direction are either displayed on the bounce house/unit(s) or have
been provided to the undersigned which I agree to follow and utilize
at all times during operation and use of the unit(s).
I,
, 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.
ADDITIONAL TERMS AND CONDITIONS
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:
x_____ 1. Identity of parties:
For the purposes of this Rental Agreement. "AHB" shall mean
A Higher Bounce, its owners, officers, directors,
shareholders, employees, contractors, agents and "Customer" shall
mean 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.
x_____ 2. Equipment, Rent, Payment, and Term of Rental Agreement:
Customer rents from AHB 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
Event Time 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 AHB.
If the Equipment is delivered by AHB 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.
x_____ 3. Returned Check policy: In the event that a check is returned to AHB
for insufficient funds customer agrees to pay the total
rental price as well as an additional $75.00 fee to AHB
in cash immediately upon notice.
x_____ 4. Weather: AHB
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, 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.
x_____
5. 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 AHB 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,
mud, clay, or other materials.
x_____
6. 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 AHB. Retention of possession, or any
failure to permit the pickup 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 AHB
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 AHB. Title to the rental items
is and shall remain in AHB. Customer agrees to keep the
Rental Equipment in his/her/their custody and control from the time
of AHB's delivery of the items, until AHB 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, AHB
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 AHB
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 AHB
immediately.
a)-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 AHB, 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.
b)-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 $500-$15,000
Repair Fee.
3. If unit is not repairable a fee of $500-$15,000 could result
4. Any tape or tape residue will result in a $100 - $500 Cleaning
Fee.
5. If Inflatable is not covered during rain (either a tarp or
following verbal instruction) there will be a $100 drying/cleaning
fee.
x_____ 7. 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 (336)
287-0924 or (336) 399-5445 or (336) 922-9125.
x_____ 8. Cancellation/Refund Policy:
Customer will receive a full refund of deposit with
cancellation at least 2 weeks prior to event date.. If customer
cancels less than 2 weeks prior to event date
AHB will keep the deposit but customer may apply it to
a future rental within a 30-day period.
No Refund or
Rain Checks will be issued after the equipment has been
delivered, even if the equipment is not used.
All Weather Cancellations must be made by 8:00 AM the date of
the rental to receive refund of deposit.
x_____ (A) If the equipment malfunctions or
is inoperable, it is the sole responsibility of the customer to
notify AHB immediately.
If AHB is not notified and given a chance to correct the
problem, No Refund will be given.
x_____
9. 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.
x_____ 10. 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.
x_____ 11. 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.
x_____ 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.
x_____ 13. Entire Agreement: This Agreement constitutes the full agreement between AHB
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
Customer Printed Name
Drivers License #
