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Rental Policies
A non-refundable rental deposit for 50% of unit rental fee is required to complete reservation. This deposit will be applied to the full rental. The remaining 50% balance must be paid in full at the time of delivery.
A separate cleaning & damage fee of $50 will be charged if excessive cleaning or damage repair was required. Customers are fully responsible for all of our equipment until a Brown Adventures employee picks it up.
If rain or other severe weather occurs on the day of your rental and prevents you from using it, another date may be booked free of charge or a full-refund will be issued to you.
1. Safety & Operating Instructions
In addition to the information set forth in this agreement Customer acknowledges that there are safety & operating instructions on the equipment delivered & agrees to read those instructions & operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges & understands that Brown Adventures Bounce House & Party Rentals has not agreed to nor have they provided any operators with this rented equipment, & that Customer is solely responsible for the correct & safe operation of this equipment. Customer further agrees to keep all equipment away from swimming pools & 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 involved with the use of this equipment. Customer voluntarily agrees to keep & maintain all safety rules for the correct, safe operation & use of all equipment, & to assume any & all risk of injury or damage. In particular, Customer will not permit the equipment to be operated by anyone who is not fully qualified & who has not received instruction from Customer on the safe operation & 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
Customer will take all necessary precautions regarding the items rented, & protect all persons & property from injury or damage. Customer acknowledges that they are in charge of the operation & use of the rental equipment, & are fully responsible for its safe operation & installation as well as the return of the rented equipment in good working order. Customer acknowledges & agrees that Brown Adventures Bounce House & Party Rentals is not responsible for any injury occurring to Customer, or any guest of Customers to any other persons using the rented equipment, or to any claims by any other persons injured by or on account of the rented equipment, while the equipment is in the possession of the Customer. Customer agrees to defend, indemnify & hold harmless Brown Adventures Bounce House & Party Rentals from & against any & all liability, claims, judgements, attorneys fess, & costs, of every kind & 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 Customer, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the rented 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 Customer. These General Release, Indemnity & 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 Brown Adventures Bounce House & Party Rentals or Lessor's suppliers, agents, employees, contractors, drivers or installers. Customer further acknowledges that Brown
Adventures Bounce House & Party Rentals is not a food supplier or handler, and that any food related service is provided to Customer as a courtesy by Brown Adventures Bounce House & Party Rentals and so long as Lessor advises Customer, in writing, after Customer requests, with the name & address of the supplier of any specific item, Customer specifically agrees to waive & release, Indemnify, & hold Brown Adventures Bounce House & Party Rentals harmless from & against any & all claims of whatever kind or nature arising out of or involved with
the food items supplied.
Additional Terms & Conditions
3. Identity of Parties: For the purpose of this Rental Agreement & General Release, "lessor'' or "Brown Adventures Bounce House & Party Rentals", its owners, officers, directors, shareholders, employees, contractors, agents & "Customer" shall mean the person(s) or company listed in the ''ordered by• and/or "Customer'' boxes on the first page of the agreement, as weU as the person signing the agreement {if different), & their agents and/or employees.
4. Equipment, Rent, Payment & Term of Rental Agreement: Customer rents from Brown Adventures Bounce House & Party Rentals, as Lessor, that certain equipment described on the first page of this
Agreement. The rental fee .set forth is payable, in full, in advance, and the rental term shall be that listed ;as "Service Date" on the first page of this Agreement, but all of Customers obligations arising under the terms & 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, & if the equipment is
delivered by lessor & accepted by Customer, then Customer shall not be entitled to any refund whatsoever if weather conditions prohibit safe use of the Rental Equipment, or if Customer otherwise elects not to use the Rental Equipment due to weather or other causes.
5. Delivery: lessor shall deliver the Rental Equipment to the street address specified by Customer as listed on the first page of this Agreement. Customer grants to lessor the right to enter the property of said street address (service address} for delivery, & required set up, if any, and for subsequent pick up of the Rental Equipment & any associated equipment or packing materials at the approximately specifted times.
6. Receipt / Inspection of Rental Equipment: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the Rental Equipment & will personally inspect the rental items prior to its use, & will read the operating/safety instructions prior to use. Customer specificalty agrees that such rental items will not be used if Customer finds that it is not suitable for Customers needs. Customer acknowledges receipt of all items listed in this Rental Agreement, & that they are in good working order.
7. Possession/Title: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customer's premises & 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 Customer is oblla:ated to pay to Lessor the full replacement value for such Equipment as liste<l on the first page of this Agreement, plus any & all incidental costs associated with the attempted pick up or
recovery of the Equipment by lessor. Title to the rental items is & shall remain in Lessor. Customer agrees to keep the Rental Equipment in his/her/their custody & control from the time of Lessor's delivery of the items, until lessor picks up such items. CtJstomer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Service 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 & use whatever force is reasonably necessary to do so. Customer herby agrees to indemnify, defend, & hold lessor harmless from any & all claims & costs arising fTom such retaking and/or levy. If rental items are levied upon, or otherwise moved from Service Address, Customer shall notify lessor
immediatety. Customer will be charged up to $3,500.00 for loss or damages to equipment plus legal fees.
8. Care of the Rental Equipment: Remove shoes at all times upon entering Inflatable. Customer shall be responsible for any & all damage to any of the Rental Equipment not caused by ordinary wear or tear. "Ordinary wear or tear" shall mean only the normal deterioration of the Rental Equipment caused by ordinary, reasonable & proper use of the Rental Equipment. Customer shall by liable to Lessor for any & all damage which is not ô€…°ordinary wear & tear", in an amount equal to the replacement value listed on the first page of this agreement. Damage which is not nordinary wear & 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, ect.,
contamination of or dirtying of rental equipment with non-,approved items such as chemicals, food, drinks, paint, silly string, mud, clay, or other materials.
9. Equipment Problems: Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand the operating instructions, Customer agrees to immediately cease use of that equipment. In particular, if the equipment indicates an inflatable, & the inflatable begins to deflate Customer will immediately have the riders exit the inflatable & then check for one of the following conditions:
A) 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 Jt has not been unplugged.
B) If motor continues to run, check for blockage on the air intake SCn!en on the side of the blower unit. Also, check all air tubes surrounding the unit for snugness & tighten the ties if necessary or if disconnected, re
connect to blower.
C) If either of these steps corrects the problem, fully re-inflate the inflatable prior to permitting anyone to use the unit.
D) If you cannot correct the problem call Brown Adventures Bounce House & Party Rentals @469-387-8024.
10. Specific Rules & Instructions for the Inflatable Unit:
• All safety & operating instructions contained on the inflatable must by complied with & followed at all times.
• For the safety of all children, adult supervision is required at all times. A responsible adult must supervise the inflatable at all times. No one shall operate, supervise c;>r enter the Inflatable, if under the influence of, alcohol, drugs, or any other legal or illegal drug or substance. No one should enter the Inflatable with any type of existing injury.
• No silly string, confetti, balloons, shoes, food, drinks or animals are permitted to come in contact With the inside or outside of the Inflatable, this causes irreparable damage to the Inflatable, &
Customer acknowledges that if the Inflatable is damaged by one of these products or damaged in any way, then a $3,500.00 fee shall be automatically imposed by Lessor & shall be immediately due & payable by Customer. This fee may be automatically charged to the credit card on file.
• Please have "bouncers" remove items such as glasses, jewelry, belts, shoes, & any sharp or bulky items that may reside in pockets.
• No horse play in or around Inflatable at anytime. Do not play or climb on outside walls, netting, slide column, side column or roof of Inflatable. Do not jump from higher levels of the Inflatable, landing inside or outside of the Inflatable.
• Extra caution & supervision are required for children ages three & under.
• It is unsafe to stay in Inflatable if winds exceed 15mph or lightening occurs. Have all persons exit Inflatable, then unplug the blower unit & let Inflatable deflate.
• Individuals with head, neck, back or other muscular-skeletal inquires or disabilitles, pregnant women, small infants, & others who may be susceptible to injury from falls, bumps or bouncing are not
permitted in the Inflatable at any time.
• Do not move the Inflatable from the location where set-up.
• Do not let Inflatable rub against ANY surface.
• All blowers must be turned to the Off position when Inflatable is not in use.
11. Limited Warranty: lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied & maintained solely to this warranty. Lessor's sole & 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 Customer's particular intended use, or that it is free of latent defects, Lessor 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. Lessor shall not be responsible for any defect or failure unknown to lessor at the time of delivery.
12. 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 & expense to comply with all municipal, county, state, federal or other 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.
13. Legal Fees: In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees & court cost in such action or proceeding, in an amount to be determined by the court or arbitrator.
14. Customer Acknowledgement: Customer acknowfedges & certifies that they have had a sufficient opportunity to read this entire Agreement, & agree to be bound by all the terms & conditions on all pages and that they understand its content & that they execute it freely, intelligently & without duress of any kind.
15. Sever Ability: If any of the terms & 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, & the
remaining terms & conditions of this Agreement shall stay in full force & effect.
16. Entire Agreement: This Agreement constitutes the full Agreement between lessor & Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. The receipt of the Rental Equipment that is the subject of this Rental Agreement & General Release & the fact that it is in good working order is acknowledged by Customer.
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