Terms and Conditions
1. Safety/Operating Instructions:
ln addition to the information set forth in this agreement, Customer acknowledges that there are safety and operating instructions on the equipment delivered, and they agree to read those instructions and operate the equipment in accordance with those instructions. Customer acknowledges and understands they are solely responsible for the correct and safe operation of this equipment. Customer further agrees to keep all equipment away from any water supply, including but not limited to swimming pools, rain, sprinklers, water balloons, water hoses, etc. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment.
The 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. ln 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:
The customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. The customer 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 as well as the return of the Rental Equipment in good working order. Customer acknowledges and agrees that Owner is not responsible for any injury occurring to Customer, or any guests of Customer or to 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 the possession of the Customer.
Customer agrees to defend, indemnify and hold harmless Owner from and against any and all liability, claims, judgments, attorneys fees, and costs, of every kind and 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 Rental Equipment while such Rental Equipment is in the actual or constructive possession of Customer. These 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 the Owner or Owner's suppliers, agents, employees, contractors, drivers or installers.
3. Identity of parties:
For the purposes of this Rental Agreement and General Release, "Owner" or "SUNHOUSE BOUNCE" shall mean “SUNHOUSE BOUNCE", its owners, officers, directors, shareholders, employees, contractors, and agents, and "Customer” shall mean the person(s) or company listed in the 'ordered by’ and/or "Customer” boxes on the first 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 "SUNHOUSE BOUNCE," as Owner, 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 "RENTAL PERIOD" on the first page of this Agreement, but all of the Customer(s) obligations arising under the terms and conditions of this Rental Agreement shall run from the actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by Owner. Owner cannot guarantee weather conditions, and if the Equipment is delivered by Owner and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if weather conditions prohibit safe use of the Equipment, or if Customer otherwise elects not to use the Equipment due to weather or other causes.
5. Delivery:
Owner shall deliver the Rental Equipment to the street address specified by Customer as listed on the front page of the Agreement. Customer grants to Owner the right to enter the property at the said street address (Delivery Address) 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.
6. Receipt and Inspection of Rental Equipment:
Customer acknowledges that they will inspect the installation of the rental equipment and will personally inspect the rental items prior to their use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer(s) needs. Customer acknowledges receipt of all items listed in this Rental Agreement and that they are in good working order.
7. Possession/Title:
Customer's 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 Owner. 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. ln the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to Owner the full replacement value for such Equipment as listed on the front side of the Agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Owner. The title to the rental items is and shall remain in Owner.
The customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of delivery of the items until Owner 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. lf rental items are not returned and/or levied upon for any reason whatsoever; the Owner 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 Owner harmless from any and all claims and costs arising from such retaking and/or levy. lf rental items are levied upon or otherwise moved from Delivery Address; the Customer shall notify Owner immediately.
8. Care of the Rental Equipment:
Remove shoes at all times upon entering the bounce house. Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear in an amount equal to the replacement value listed on the first page of this Agreement. "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.
Damage that 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, drying due to rain, and/or not limited to a sprinkler system, hoses, super soakers, water balloons, etc.
Contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string (see Section 11), mud, clay, or other materials.
9. Limited Warranty:
Owner 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. Owner's sole and exclusive obligations under this warranty are limited to repair or replacement of the rental equipment when Customer determines that it does not conform to this warranty. 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. Owner 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 owner shall not be responsible for any defect or failure unknown to the Owner at the time of delivery.
10. Equipment Problems:
Should any equipment develop a problem, does not function correctly, or Customer does not understand the operating instructions, Customer agrees to immediately cease use of that equipment. If the Inflatable Bounce House begins to deflate customer will immediately have the riders exit the Bounce House and then check for one of the following:
If the electrical cord was unplugged, re-plug it in.
If the bouncer becomes untied onto the blower, re-tie.
If the blower tube becomes kinked, straighten it out.
If a circuit breaker has tripped, evaluate and reconnect.
lf you cannot correct the problem, call Sunhouse Bounce at 937-203-8076.
11. 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, county, 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€s to pay all licenses, fines, fees, permits, or taxes arising from Customer's use oft he rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any and all permits and/or licenses from the appropriate government agencies prior to use.
12. 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.
13. 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 both sides and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
14. 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.
15. Entire Agreement:
This Agreement constitutes the full agreement between Owner and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force of effect. 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 is acknowledged by Customer.