Rental Date____________ Start Time:___________ End Time: ___________Grass( ) Concrete ( )_
Product (s) rented __________________________________________________________________
Rental: $________________ Amount Paid $____________________Balance $ ______________________
Delivery Address: __________________________________________________________________
Home Phone: ( )_______________________Alternate Phone: ( )_________________________
Email Address _____________________________________________________________________
This safety and liability agreement is entered into between the Lesser Company Name, and the
Lessee ________________________________________________,on________________20_______
Located at _________________________________________________________________________
1. Safety/Operating Instructions: In addition to the information set forth in this agreement, the customer acknowledges 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. Customer further acknowledges and understands that Miracle Bounce has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children's safety depends upon customer providing AT ALL TIMES correct operation of and the use of the equipment. Customer further agrees to keep all equipment away from swimming pool(s) and customer understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Customer 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, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from customer on the safe operation and use of the equipment, nor shall customer 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.
2. General Release/Indemnity/Hold Harmless: I, __________________________,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 Miracle 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 Miracle Bounce or anyone acting on behalf of Miracle Bounce be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold Miracle Bounce harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against Miracle Bounce, it is agreed to do so solely in the State of Missouri. 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 Miracle Bounce to use its equipment and facilities, the undersigned and it participants agree to indemnify and hold harmless Miracle 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).
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:
3. Identity of parties: For the purposes of this Rental Agreement. "MLG Bounce Houses" shall mean MLG Bounce Houses, its owners, officers, directors, shareholders, employees, contractors, agents and "Customer" shall mean «customer» 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.
4. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from MLG Bounce Houses 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 date, start and end 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 MLG Bounce Houses. If the Equipment is delivered by MLG Bounce Houses 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.
5. Weather: MLG Bounce Houses 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, excessive 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.
6. Delivery: MLG Bounce Houses shall deliver the Rental Equipment to the address specified by Customer as listed on the invoice page of this Agreement. Customer grants to MLG Bounce Houses true right to enter the property for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times.
7. 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 MLG Bounce Houses 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 Miracle Bounce 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 Miracle Bounce. Title to the rental items is and shall remain in MLG Bounce Houses. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Miracle Bounce’s delivery of the items, until Miracle Bounce 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, MLG Bounce Houses 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 Miracle Bounce 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 Miracle Bounce immediately.
10. 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 Miracle Bounce 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 (see Paragraph 11), mud, clay, or other materials.
11. Equipment Problems: Should any equipment develop a problem, or does not function Call Jonathan Gillespie at 910-740-2187
12. Limited Warranty: MLG Bounce Houses 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. Miracle Bounce sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when Miracle Bounce determines that it does not conform to this warranty. Miracle Bounce makes no warranty of Miracle Bounce merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is free of latent defects. Miracle Bounce shall not be responsible to Customer 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. Miracle Bounce shall not be responsible for any defect or failure unknown to MLG Bounce Houses at the time of delivery.
13. Cancellation Policy: You can cancel but we do not refund deposits or paid dates unless the weather is bad.
14. 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, parishes, 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.
15. 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.
16. 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.
17. 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.
18.
Entire Agreement: This Agreement constitutes the full agreement between
MLG Bounce House 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