EQUIPMENT RENT AND TERMS OF RENTAL AGREEMENT

 

XXXX / Address / Phone #

 

Lessee/Customer: 

 

 

 Contact Number:  
 Delivery Address/Directions:

 
Rental Dates:   Drop off Date/Time:  Pick Up Date/Time:  Rental Total:
Set up on:                                                                                     

Grass/Dirt

  

Pavement

                                                    

Other

 

  • All rental prices paid under this Agreement include delivery & set-up.
  • The equipment should be empty of riders at the requested end time.

 

EQUIPMENT RENT AND TERMS OF RENTAL AGREEMENT

The Undersigned, as Lessee, XXXX (“the Lessor”), _________________________________           ___, all with a blower, tarp, stakes, and an extension cord if needed (“the Equipment”).

It is agreed by the Lessee that the Rental Fee, as stated above, shall be paid in advance before the Equipment is set up.

 

Terms of Agreement

  1. Delivery: Shall be made to the street address specified above by the Lessee (Customer). The Lessee hereby grants the Lessor the right to enter the property at the said street address to make the delivery and for the subsequent pick up of the Equipment on the specified pick-up date/time.  The Lessee is responsible for the Equipment until such a time when the Lessor shall pick up the same as agreed under this Agreement.

 

  1. Maintenance: The Lessee hereby acknowledges that he/she has been allowed an opportunity to inspect the Equipment and confirms that the Equipment has been received in good condition and shall be returned in the same condition as received (ordinary wear and tear accepted).

 

  1. Title to ZZZZ : The Lessee hereby grants the Lessor the right to enter the Lessee’s premises at any time to repossess the Equipment. The Lessee agrees to keep the Equipment in his/her custody and not to loan, sublease, rent, sell, remove from the delivery address, or otherwise transfer the Equipment. The Equipment will remain at the property of the Lessee and may be removed by Lessor at any time after the termination of this Rental Agreement.

 

  1. Reimbursement: The Lessee agrees to reimburse the Lessor for all attorney fees, an amount not less than 50% of all sums due, court costs, and expenses incurred by the Lessor to enforce collection or to preserve or enforce rights under this Agreement.

 

  1. Negligence or Abuse: The Lessee agrees to pay in full the replacement cost or repairs, including labor, for all damages inflicted on the Equipment during the term of this Agreement as follows:
  • Cleaning(beyond ordinary use): Two-hundred dollars ($200.00).
  • Repair(s): Cost of repair(s) plus a two-hundred-dollar ($200.00) time fee.
  • Replacement: Four thousand dollars ($4000) if the unit is not repairable.

 

  1. Lost, damaged, or stolen Equipment: If the Equipment is lost, stolen, or damaged beyond repair, the Lessee agrees to pay replacement value (new/current year), or four thousand dollars ($4000.00) whichever is higher for each piece of equipment requiring replacement.
  2. Acknowledgment and Acceptance of Risk: The lessee agrees to ensure that all users (and users’ guardians) read all rules before using the Equipment. The Lessee understands and acknowledges that the use of the Equipment 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.

 

  1. Indemnity: The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising because of injury, damage, or death to persons or property, in connection with or resulting from the use of the Equipment. This includes but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. The Lessee also agrees to indemnify and hold harmless Sun Bounce LLC from any loss, damage, theft, or destruction of the equipment during the term of the lease and any extensions thereof.

 

  1. Limitation of Liability: Under no circumstances will the Lessor be liable for any direct or indirect, special, consequential, or punitive damages arising out of or relating to this Agreement or the use of the Agreement (including breach of contract, tort, negligence, or other forms of action) if said damage is the direct or indirect result of one of the Lessee’s negligence or breach of any of the terms of this Agreement.

 

  1. Release: The Lessee hereby releases and holds harmless the Lessor from injuries or damages incurred as a result of the use of the Equipment. The Lessor cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge.

 

  1. RAIN POLICY: DURING PERIODS OF SEVERE WEATHER CONDITIONS (I.E., RAIN, HIGH WINDS, ETC.), THE LESSOR RESERVES THE RIGHT TO CANCEL THE RESERVATION.  IF CONDITIONS ARE NOT SEVERE, THE LESSOR WILL GIVE THE LESSEE THE OPTION OF CANCELING THE RENTAL (refund to include deposit) OR CONTINUING WITH THE RENTAL. IF THE LESSEE DECIDES TO CONTINUE WITH THE RENTAL FOR THE TERM SET FORTH IN THIS RENTAL AGREEMENT, THERE WILL BE NO REFUNDS ONCE THE UNIT IS SET UP!

 

  1. Cleaning: The Lessee agrees to allow the Lessee up to two (2) hours to clean the Equipment at the time of pick up (the Lessee does not need to be present). The Lessee agrees to allow the Lessor to utilize a source of running water such as a hose, faucet, or hose bibb during the period of this rental agreement.

 

  1. Assignment: The Parties hereby agree that the Lessee shall not assign any of its responsibilities or obligations in this Agreement to a third party unless consented by the Lessor in writing.

 

  1. Amendments: The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties to this Agreement.

 

  1. Dispute Resolution: Save as may be otherwise provided herein all questions in a dispute arising between the parties hereto and all claims or matters in such dispute not otherwise mutually settled between the parties through negotiation or mutual understanding of Parties shall be referred to mediation pursuant to the applicable laws of the State of Florida. To the extent permissible by law the determination of the mediator(s) shall be final and binding upon the Parties.

 

  1. Governing Law: This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida.

 

  1. No Warranties: THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESSED OR IMPLIED. The person(s) or organization renting the Equipment from the Lessorwill be held responsible and liable for any and all damage or injury occurring for any reason whatsoever.

 

  1. Entire Agreement: This Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof).

 

  1. Acknowledgment: I have read this agreement and fully understand and accept the conditions herein. I am aware that while in my care, I am fully responsible for the Equipment and will pay for any loss or damages that may occur. I (THE LESSEE) ACCEPT AND UNDERSTAND ALL TERMS OUTLINED IN THIS AGREEMENT.

 

Lessee Printed Name: _______________________________

 

 

Lessee Signature: ___________________________________            Date: ______________

 

 

Lessor Signature: ______________________XXX          Date: _______________

 

 

 

 

 

 

 

 

 

 

 

Terms and Conditions

It is the responsibility of the person(s) or organization hiring the Equipment to ensure that all possible precautions are taken to avoid injury to people or damage to the Equipment. Please ensure the following safety instructions are followed:

  1. No food, drink, or chewing gum on or around Equipment. This will avoid a choking risk and keep the unit clean. Please note if the Equipment is collected in a dirty condition (ordinary wear and tear accepted), the lessee will incur a cleaning charge.
  2. Shoes, glasses, jewelry, and badges MUST be removed before using the Equipment to avoid injury to people or damage to the Equipment.
  3. NO face paints, party poppers, colored streamers, or SILLY STRING is to be used either on or near the Equipment. (Please note these products will cause damage to the equipment that cannot be repaired).
  4. Only one (1) person is allowed at the top of a slide at a time, two (2) people for double lane slides, and six (6) people per bounce house or combo unit.
  5. The Lessor is not responsible for striking or damaging any underground utility lines/devices (including but not limited to electrical, plumbing, sprinkler, etc.) during the rental. It is the Lessee’s responsibility to inform the Lessor where Equipment is to be set up and have any underground utility lines marked prior to set up and disassembling.
  6. Climbing, hanging, or sitting on walls of the Equipment is dangerous and must not be allowed.
  7. A responsible Adult must always supervise the Equipment.
  8. Always ensure that the Equipment is not overcrowded, and limit numbers according to the age and size of those that use it. Avoid large and small users from using the Equipment at the same time.
  9. Ensure users are not pushing, colliding, fighting, somersaulting, or behaving in a manner likely to injure or cause distress to others.
  10. No pets, toys, or sharp instruments are allowed on the Equipment at any time.
  11. Do not allow users to bounce on the front safety step.
  12. Do not allow users to use Equipment during inflation or deflation as this is DANGEROUS.
  13. If the blower stops working, please ensure all users vacate the Equipment immediately and calmly. Check the fuses, plugs, and home breaker box. Ensure the blower or deflation tube has not come undone or something has not blown onto or obstructed the blower. If the blower overheats or loses power, switch the blower off using the switch on the blower, then switch it back on one (1) or two (2) minutes later and the blower should restart. If the blower does not restart, inform the Lessor immediately.
  14. Adhere to all safety rules clearly labeled on the outside of the Equipment.
  15. OVERNIGHT RENTALS: Lessee understands and acknowledges that the blower is to be removed from the Equipment device and stored/locked in a secure location overnight.
  16. THE MOST IMPORTANT RULE: Adult supervision is ALWAYS required when the Equipment is in use. Adult supervision is necessary to enforce these rules for the safe operation of the Equipment.

 

I (THE LESSEE) UNDERSTAND AND ACCEPT ALL RULES SET FORTH IN THIS AGREEMENT. FURTHERMORE, I (THE LESSEE) WILL ENSURE THESE RULES ARE ENFORCED OR I (THE LESSEE) WILL BE HELD LIABLE.

 

 

Lessee Signature: ___________________________________            Date: ______________

 

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