This Rental Agreement is made on ______ Between MOONWALK CO. HAWAII
LLC (hereinafter referred to as the “lessor”) and _______ (hereinafter referred to
as the “lessee”) together referred to as “parties”.
In addition to the terms below, the operation guidelines on each rented item and before signing
this Agreement, the Lessee agrees that he/she has read the entire Agreement, and has agreed
to all terms and conditions herein, and has had all questions he/she may have answered to the
Lessee’s complete satisfaction and understanding.
- Rental Period.
The lessee shall rent the Bounce House for a period of ___ from the lessor. - Lessee’s Acknowledgments.
The Lessee agrees to supervise the operation of any rented item and further agrees that if the
item is damaged that he/she will reimburse the lessor the total price to fix the damage and/or
the full replacement value of the rented item.
The lessee agrees that the lessor is not responsible for bad weather, disruption of electrical
service, and/or unfavorable conditions that may arise, and no charges or fees will be reimbursed
as a result.
The lessee agrees not to operate the unit(s) contrary to this contract and the rules of use on
each unit. Suppose the lessee runs the unit (s) contrary to the agreement and rules of use on
each unit, and the unit is damaged. In that case, the Lessee agrees to pay the cost or repair or
total replacement value of any damaged equipment or unit.
The lessee agrees that the equipment rented is for Lessee’s use and said equipment is not to
be loaned, sub-let, mortgaged, or in any other manner disposed of by Lessee. The lessee
further agrees to be liable for any loss of said equipment because of fire, theft, or any other
cause.
The lessee understands and acknowledges that they are liable for all rented equipment lost or
damaged while in their possession. If a Until member of the Lessor’s company arrives to gather
the rented equipment, then the rented equipment is still considered in the Lessor’s possession. - Safety/Operating instructions.
In addition to the information outlined in this agreement, the lessee acknowledges that there are
safety and operating instructions on the equipment delivered and agrees to read the instructions
before operating the equipment or allowing the equipment to be operated or used.
The Lessee further acknowledges and understands that the lessor has not agreed to nor
provided any operators with this rented equipment. The lessee is solely responsible for the
correct and safe operation of this equipment.
The lessor further agrees to keep all equipment away from the swimming pool(s) and any water
supply and further understands and agrees that they will not operate any electrical equipment
near water.
- Risk.
By entering into this agreement, the lessee acknowledges that there is a risk of injury or
damage arising from using this equipment. The lessee 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 risk of injury or damage that may arise.
In particular, the lessee will not permit the equipment to be operated by anyone who is not fully
qualified and who has not received instruction from them on the safe operation and use of the
equipment, nor shall the lessee allow any person to use or operate the equipment when it needs
repair or when it is in an unsafe condition or situation. - General Release/indemnity/Hold Harmless.
Units must be operated over a smooth, compatible surface such as grass or hard top surface.
The unit may NOT be used on rough surfaces such as rocks, brick, glass, or jagged objects.
The lessee cannot move the unit after being placed by the lessor’s employees/contractors.
The Unit MUST BE anchored appropriately before use which will be anchored initially by the
lessor’s employees/contractors, and the anchors MUST NOT be removed during the period of
use. The lessee agrees Never to attempt to relocate, adjust or service a blower. Never use it
during high winds, gusty winds, thunderstorms, or lightning as the unit can turn over in high
winds, even if anchored, and this could result in severe injuries to the users.
The lessee agrees not to resume use until adverse weather conditions have ceased and
always follows the manufacturer’s guidelines on the unit itself.
Indemnity.
The lessee will take all necessary precautions regarding the items rented and protect all
persons and property from injury or damage. The lessee acknowledges that they are in charge
of the operation, installation, and use of the Rental Equipment and are fully responsible for its
safe operation and installation and the return of the Rental Equipment in good working order.
The lessee acknowledges and agrees that Lessor is not responsible for any injury occurring to
the lessee, or any guests of the lessee or any other persons using the Rental Equipment, or to
any claims by any other person(s) injured by or on account of the Rental Equipment, while the
equipment is in possession of the lessee.
The lessee acknowledges that 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.
Hold Harmless.
The lessee agrees to defend, indemnify and hold harmless the Lessor from and against any
liability, claims, judgments, attorneys fees, and costs, of every kind and nature, including, but
not limited to, injuries or death to persons and damage to property, whether or not such claimant
is known or unknown to the lessee, which arises out of the use, maintenance, installation,
operation, instruction, possession, or rental of any of the Rental 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 the lessee.
The lessee hereby releases and holds harmless the lessor from injuries or damages incurred
due to the use of the rental equipment.
This General Release, Indemnity, and 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 Lessor or Lessor’s suppliers, agents, employees, contractors,
drivers or installers.
The lessee further acknowledges that Lessor is not a food supplier or handler and that any food-
related items, such as popcorn, which may be supplied with the Rental Equipment, is a straight
pass-through by the Lessor to the lessee. Since this additional service is provided to the lessee
as a courtesy by the Lessor and so long as the lessor advises lessee, in writing, after the lessor
requests, with the name and address of the supplier of any specific item, the lessee agrees
explicitly to waive and release, indemnify and hold the Lessor harmless from and against any
claims of whatever kind or nature arising out of or involved with the rental equipment provided.
- Delivery.
The lessee shall supply/provide an address for delivery to the lessor. The Lessee grants the
lessor and its employees/contractors the right to enter said property to deliver and return the
rented equipment at approximate times. - Service.
The lessee agrees to provide one electrical outlet rated at 115 volts with 20 amperes capacity
per motor unit within 50 feet of each unit. No electrical cords are to be used. If the blower stops
or the air pressure is low, the lessee will immediately remove all users and then check on the
problem. Air tubes in the rear of the unit should be tied securely to the blower or tied off to
prevent air from escaping. The electrical cord should be plugged into an outlet and be the only
thing operating on that electrical circuit. Circuit breakers should also be checked. The lessee is
subject to an additional $50.00 for all service calls due to electricity. - Deposits and Payments.
Parties agree that payments must be made via Paypal or Venmo to the lessor’s business
accounts.
A 50% deposit is required to reserve the equipment on the requested day of the event and must
be made before the delivery. The deposit herein is NON-REFUNDABLE. All payments must be
made 48hrs before delivery. No refunds will be made after the equipment has been delivered.
Parties agree that If the lessor cannot properly set up the rental equipment due to bad weather
conditions, the lessee will be credited the deposit and be able to reschedule at any time within
12 months from the date the deposit is was received.
For all cancellations due to Covid-19 related issues, the lessor agrees to give a raincheck good
for 12 months for the total amount paid. - Disclaimer of Warranties.
The lessor makes no warranty of any kind, either express or implied, as to any rented
equipment’s condition or performance. Lessee agrees to immediately cease use of the
equipment and contact the lessor if any of the rented equipment develops any indication of
defect or improper working conditions. The lessee agrees to use the equipment at his/hers/its
own risk. - Breach.
Suppose the Lessee breaches any of the terms of this Rental Agreement. In that case, that
Lessee will pay for all consequential damages and further indemnify the lessor for all costs
incurred by the lessor in enforcing the terms of the rental or in defending any claim or lawsuit
arising out of the operation of said equipment, including the amount of any judgment, attorney’s
fees, and costs.
Suppose the lessor determines, within its discretion, that the Lessee has failed, in any way, to
observe or comply with the conditions of this agreement. In that case, the lessor may exercise
any of the following remedies:
i. Termination of this agreement;
ii. Re-entry into the property and retake the equipment;
iii. Declare any outstanding rent and charges immediately due and payable and initiate
whatever legal proceedings necessary to recover said equipment or monies; and
iv. Pursue any additional remedies available to it by law.
- Governing Law.
The terms and performance of this Agreement shall be governed by the laws of the state of
Hawaii. - Conflict/Dispute Resolution.
If a conflict arises out of the performance and the terms of this Agreement, the same shall be
litigated upon between the parties in a court of law with competent jurisdiction and in
accordance with the laws of the State of Hawaii. - Termination.
The lessor retains the right to terminate the provisions of this agreement in the following
circumstances; –
i. Any breach of the conditions and rules in this Agreement,
ii. If the invoices are not paid on time
iii. If the lessee fails to pay the required deposit - Rental Equipment Rules.
Parties herein agree to adhere to the following rules during the performance of the terms of this
Agreement; –
i. No food, drink, or chewing gum on or around the Inflatable. This will avoid a choking risk
and keep the unit clean. (Please note that if the Inflatable is collected in a dirty condition,
the Lessee will receive a cleaning charge).
ii. Shoes, glasses, jewelry, and badges MUST be removed before using the inflatable to
avoid injury to people using the equipment and harm to the Inflatable.
iii. No face paints, party poppers, colored streamers, or silly string to be used either on or
near the Inflatable. (Please note these products will cause damage to the Inflatable that
cannot be repaired).
iv. NO smoking on or around the Inflatable.
v. NO barbeques around the Inflatable.
vi. Climbing, hanging, or sitting on walls is dangerous and must not be allowed.
vii. A responsible adult must supervise the inflatable at all times.
viii. Always ensure that the Inflatable is not overcrowded, and limit numbers according to the
age and size of Children using it. Try to avoid large and small children from using it
simultaneously. If any, follow government social distancing guidelines.
ix. Ensure Children are not pushing, colliding, fighting, or behaving in a manner likely to
injure or cause distress to others.
x. No pets, toys, or sharp instruments on the inflatable at any time.
xi. No one can bounce on the front safety step as this is dangerous.
xii. No one is allowed to be on the inflatable equipment during inflation or deflation as this is
DANGEROUS.
xiii. Please ensure that Children are not attempting somersaults and are clothed
appropriately and that nothing can fall out of their pockets.
xiv. If the blower stops working, please ensure all users get off the inflatable immediately and
calmly. Check your breaker(s) and make sure the blower tube or deflation tube has not
come undone, or something has not blown onto and is obstructing the blower. If it
overheats or loses power, switches the blower off at the mains, then switch it back on
again 1 or 2 minutes later, and it should restart. If it does not, inform the lessor
immediately at (808) 383-6413.
xv. THE MOST IMPORTANT RULE: DO NOT let children play on the inflatable without adult
supervision. Adult supervision is necessary to enforce these rules for the safe operation
of the Inflatable.
LIABILITY WAIVER.
This rental equipment has been received in good condition and will be returned in the same
condition with the ordinary wear and tear accepted.
The lessee agrees to the lessor’s right to repossess the said equipment at any time and
reason without prior consultation.
The lessee agrees not to loan, sublet or otherwise depose of the rental equipment or use it
at any other location other than the one given to the lessor at the time of renting/delivery.
The lessee agrees to pay in full the replacement cost, including labor, for all the damages to
the rental equipment.
The lessee agrees to ensure that all users and supervisors of the rental equipment abide by
the Safety, Fun & operating rules set in place by the lessor.
The lessee agrees to reimburse the lessor for all attorney fees, an amount not less than
50% of all sums due, court cost, and expenses incurred by Jump Party Texas LLC to
enforce collection or pre-serve or enforce rights under this Agreement.
If the inflatable equipment is lost, stolen, or damaged beyond repair, the lessee agrees to
pay up to $3000.00 (Three thousand dollars and 0 cents) in compensation.
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER
EXPRESSED OR IMPLIED. The lessee renting this equipment from the lessor will be held
responsible and liable for any damage or injury occurring for any reason whatsoever. I have
read the above agreement and fully understand and accept the abovementioned conditions.
I am aware that while in my care, I am fully responsible for the inflatable and will pay for any
loss or damages that may occur.
OVERNIGHT RENTALS: the lessee understands and acknowledges that the blower must
be removed from the inflatable device and locked up in a secure location overnight.
The lessee 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. The lessee agrees to indemnify and hold the lessor harmless from any 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 rented
equipment. This includes, but is not limited to, the manufacture, selection, delivery,
possession, use, operation, or return 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. The lessee also agrees to indemnify and
hold harmless the Lessor from any loss, damage, or destruction of the equipment or
lessee’s property, including electrical, phone, and water lines, during the lease term and any
extensions thereof.
DAMAGE WAIVER.
The parties herein agree that the Damage Waiver must be paid for before the event and cannot
be added after the event to cover the equipment. The Damage Waiver must be ordered for each
product to be covered.
The events COVERED under the Damage Waiver agreement include damage caused by; –
i. Rain or flood.
ii. Fire (not intentional fire caused by the lessee).
iii. Damage caused by a wind storm.
iv. Damage caused by riot (for large events).
v. Damage caused by collision (not foreseeable).
vi. Damage caused by any acts of God (i.e., tree fall, lightning, earthquake, hailing)
The events NOT COVERED under the Damage Waiver agreement include: –
i. Theft of any of the lessor’s unit(s).
ii. Intentional damage arising from, but not limited to: –
Sharp objects intentionally used on or in the unit.
Use any chemical compound that can harm the unit (i.e., silly string, paint, chalk,
etc.)
iii. Any damage from misuse arising from, but not limited to; –
Any disregard of safety rules located on the unit.
Any damage arising from relocation or modification of unit without MJR approval.
I, THE LESSOR, HAVE CAREFULLY READ THIS AGREEMENT, THE LIABILITY WAIVER,
THE DAMAGE WAIVER AND FULLY UNDERSTAND THE CONTENTS THEREOF. I AM
AWARE THAT THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY, AND IT’S A
CONTRACT BETWEEN MYSELF AND THE LESSOR, AND I SIGN IT OF MY OWN FREE
VOLITION.
Signed by the LESSEE: _______________________
Name: _____________________________________
Authorized Representative: __________________
Date: _____________________________________
Email Address: _____________________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )
