Rental Agreement
Table of Contents
Rental Agreement
A non-refundable deposit and an authorized signature on your proposal are required to reserve your activities and date. In consideration of renting certain Equipment described on this Rental Agreement, the parties agree to the following terms and conditions:
Definitions
For this Rental Agreement, “Company” shall mean Ultimate Fun LLC, dba Ultimate Inflatables, its owners, officers, directors, shareholders, employees, contractors, volunteers, and agents; “Customer” shall mean the person(s) or company listed on this agreement, and their agents, participants, guests, and/or employees. “Equipment” shall mean the equipment listed on this agreement, and any equipment provided by the Company to facilitate the rental. “Start Time” shall mean the event’s scheduled starting time, and “End Time” shall mean the event’s scheduled ending time, both as listed on this agreement. “Ordinary Wear” shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment according to the Safety Rules.
Payment and Term of Rental Agreement
The rental fee set forth is payable in full, in advance. Any balance not paid at delivery will incur a late fee of $35. Customer has 7 days to pay any additional fees or damages, any balance not paid incur a late fee of $35. Additional late fees will be added to unpaid balances every 30 days until payment is made in full. The rental term shall be that listed on this Agreement, but all of Customer’s obligations arising under the terms and conditions of this Rental Agreement shall run from the time the Equipment is delivered until the time it is picked up. Customer agrees that by accepting delivery of the Equipment, the Company has completed its obligation, and that the Customer shall not be entitled to any discounts or refunds if Customer elects not to use the Equipment due to weather or any other cause.
Rental Equipment
Customer hires the rental Equipment on an “as is” basis. Customer acknowledges receipt of Equipment, that they have inspected the Equipment and its installation prior to its use, and certifies that they will abide by the operating/safety instructions. Should Equipment fail to function correctly at any time, the Customer agrees to cause all users to immediately cease use of that Equipment and contact Company immediately.
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 the Company. Title to the Equipment is and shall remain in the Company. Retention of possession, or any failure to permit the pick-up of the Equipment 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 The Company 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 The Company. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of The Company delivery of the items, until The Company 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, The Company 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 The Company 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 site, Customer shall notify the Company immediately.
Care of Rental Equipment
Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by Ordinary Wear and tear. Customer shall be liable to The Company for any and all damage which is not Ordinary Wear, including but not limited to the application of paint, tape, permanent marker, “Silly String” or the unauthorized application of water to any devices not specifically authorized by The Company. Damage to Equipment will result in a Repair Fee ranging from a minimum of $250 up to the cost of replacing the unit damaged. Negligent damage is not covered under the Damage Waiver. Equipment must be returned to the Company in the same clean and dry condition it was received. Dirty Equipment or units which have not been drained and dried properly will result in a Reconditioning Fee of $50 charged for each hour required to restore Equipment. Attempting to move or moving any Equipment without express permission of Company can result in serious injury to participants and significant damage to Equipment. Customer acknowledges this danger and agrees to pay a $150 penalty for any attempt to move Equipment in addition to any and all damages resulting from such efforts.
Waiver and Release of Liability
The Customer understands and acknowledges 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. In consideration of being permitted by the Company to use its Equipment and facilities, the Customer hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless the Company from any and all liabilities, claims, damages, demands, causes or rights of action whether personal or to a third party, including attorney’s fees arising by reason of injury, damage, or death to persons or property, which are in any way connected with participation in this activity, including those allegedly attributable to acts of God, negligent acts or omissions. Should the Company or anyone acting on behalf of the Company be required to incur attorney’s fees and costs to enforce this agreement, the Customer expressly agrees to indemnify and hold the Company harmless for all such fees and costs. Customer also agrees to indemnify and hold harmless Company from any loss, damage, theft, or destruction of the equipment during the term of this contact and any extension thereof. In the event the Customer files a lawsuit against the Company, it is agreed to do so solely in the State of Utah.
Photograph and Video Release
The Customer authorizes the Company to photograph and or video record the image, likeness and voice of themselves, their children, their guests and the property designated above (“Recordings”) while using Company Equipment at the event listed on this invoice. Customer grants Company a perpetual right to reproduce, alter, exhibit or distribute these Recordings in any medium for any purpose, including promotional or advertising efforts, and waive any right to inspect or approve any future use of the Recordings. Customer waives any right to royalties or other compensation arising or related to the use of the Recordings.
Delivery
The Company shall deliver the Rental Equipment to the Address specified by Customer on this Agreement. Customer grants to The Company true right to enter the property at the Address for delivery and required set up, and for subsequent pick up of the rental Equipment and any associated equipment or packing materials. Delivery and pick-up times are estimates; due to complexities of scheduling, delivery crews may arrive up to 4 hours before the Start Time, and pick up crews may arrive up to 4 hours after the End Time. Customer agrees to prepare an appropriate delivery site with an adequate access, based on the requirements of the Equipment rented. Given that the Company is unable to grant permission to third parties to enter the Customer’s yard, Customer agrees to mark ll sprikler lines and to contact Blue Stakes to have all utility lines marked so that delivery crews are able to avoid doing any damage. Customer agrees to indemnify and hold the Company harmless for any damages. Customer also agrees that an adult will be at the delivery site at the delivery time to direct Company crews and accept delivery. In the event Company attempts a delivery and the Customer is not available, Company will attempt to contact the Customer by telephone. If Company is not able begin setup with ten (10) minutes of arrival at delivery site, the delivery will be considered abandoned, a non-refundable delivery fee of $50 will be added to the invoice, and the delivery crew will continue to the next delivery. Customer may then contact the Company to arrange an agreeable redelivery time. If redelivery is not possible, monies will be refunded according to Company Cancellation Policy.
Cancellation and Refunds
The deposit is a reservation fee and is non-refundable once the reservation is made. An event may be rescheduled up to 48 hours before the Start Time with no penalty. The Customer may cancel an event at any time up to 48 hours before the Start Time and receive a refund of all monies paid in excess of the deposit, and a gift card for the deposit that the customer may apply to another order. The gift card will have an expiration date of 6 months from the cancellation date. Any event canceled within 48 hours of the Start Time forfeits the deposit. Once set-up has begun, the balance is due in full and there are no refunds except for offers made for late deliveries. In the event a delivery is completed after the Start Time, the Company may propose an Offer to compensate for lost services. The Customer shall have the option to accept the Company Offer, or to refuse delivery, cancel the order, and receive a full refund for any amount paid in excess of the deposit. If the Customer chooses to accept the Offer and receive the order, Customer agrees that no further discounts or refunds are owed. The Company reserves the right cancel an order at any time, for any reason, including but not limited to: severe weather conditions; acts of God; a location that is unsafe or inaccessible due to doors, gates, slopes or steps, or if there is reason to believe that the Company, Equipment, or its users may be in danger. If Company cancels an order because the delivery site or access to the delivery site is, in the Company’s sole discretion, unsuitable for proper delivery or use of Equipment, Customer agrees to pay a $50 fee to cover costs of the aborted delivery. If the Company cancels an order due to weather or for any other reason, damages will be limited to a refund of any monies already paid for the rental in excess of the deposit.
Limited Warranty
The Company 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. The Company’s sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when the Company determines that it does not conform to this warranty. The Company 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. The Company 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. The Company shall not be responsible for any defect or failure unknown to The Company at the time of delivery.
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. The Customer is responsible to mark all sprinkler lines and call safe to dig if required by law. The Company will not be liable for damage to underground sprinklers or utility lines.
Legal Fees
If an attorney is retained to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
Severability
If any of the terms or conditions of this Agreement is 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.
Entire Agreement
This Agreement constitutes the full agreement between The Company and Customer. Any other agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. 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 herein.
Safety and Operating Instructions
In addition to the information set forth in this agreement, the customer 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. Customer understands that the Company does not provide any operators with this rented equipment unless specifically hired, and that Customer, is solely responsible for the correct and safe operation of this equipment. Customer WILL NOT move any piece of equipment after it has been staked down or secured with adequate sandbags. 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.
Rules Governing the Safe Operation of Equipment
Company reserves the right to set appropriate rules of conduct and age/weight/time limits in order to best facilitate Customer’s event and maintain a safe environment. Customer agrees to operate Equipment in accordance with the safety and operating instructions provided below and during delivery. Customer understands that the Company does not provide any operators with this rented equipment unless specifically hired. If operators are not hired, the Customer is solely responsible for the correct and safe operation of Equipment. 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. The following rules detail safe operational guidelines for the Equipment. Please ask any questions you may have before you begin use of the equipment.
Adult supervision is required at all times. Customer agrees that an attendant will supervise the equipment at all times and enforce safety rules. Only children in comparable age groups and sizes should play on the inflatable at the same time.
Don’t damage the equipment. Remove anything that can cause injury to participants or damage the Equipment, including shoes, glasses, and jewelry. Do not use tape, rope, stickers or silly string as these can all cause permanent damage.
Keep the Equipment clean. Please make sure the equipment is clean and dry when our crew returns to pick it up. Gum, food and drinks are not allowed on the Equipment. If the Equipment is dirty you will be charged to clean it.
Riders with pre-existing health conditions are not permitted on the equipment. This includes pregnant women, individuals susceptible to injury from falls, bumps or bouncing, individuals with heart conditions, pre-existing injuries, casts, or any type of braces.
Don’t be foolish. Do not allow participants to play or climb on areas not designed for regular use. Do not allow diving, flipping, wrestling, or riders jumping or piling on each other. Always go down slides feet first. Should a unit begin to deflate, all users should exit the unit immediately. If the blower has stopped, make sure that it has not been unplugged or turned off. If the blower is still running, check the air intake on the side for blockage, and check both blower tubes on the inflatable unit to make sure that they are tightly tied off and are not kinked. Never allow riders in or on a partially inflated unit.
Be careful with water. Sprinkler systems must be turned off to prevent spraying of Equipment. Water may only be used on Equipment when specifically authorized by the Company, using only approved watering devices provided by the Company. Use of excess water can damage the equipment and landscaping. Water must be turned off and the pool completely drained at the end of the event or as instructed by delivery crew. Improper use of water may result in a Reconditioning Fee. Use of water on most Equipment is optional, no discount will be given for any inability to use water.
Cease use during inclement weather. This includes strong winds (at or in excess of 15 mph), rain, lightning, or cold weather below 40 degrees. If inclement weather occurs, turn all blowers off and allow all units to deflate.
Be careful with water. Sprinkler systems must be turned off to prevent spraying of Equipment. Water may only be used on Equipment when specifically authorized by the Company, using only approved watering devices provided by the Company. Use of excess water can damage the equipment and landscaping. Water must be turned off and the pool completely drained at the end of the event or as instructed by delivery crew. Improper use of water may result in a Reconditioning Fee. Use of water on most Equipment is optional, no discount will be given for any inability to use water.
I have read and understand the terms and conditions of this agreement and agree to be bound by them.
