Bounce House Rental Agreement : 

General Terms and Conditions.  

1. Safety/Operating Instructions.  In addition to the information set forth in this Agreement, Customer acknowledges and agrees that there are safety and operating instructions on the Equipment and agrees to read those instructions and operate the Equipment in accordance with those instructions.  Customer further acknowledges and agrees that Owner has not provided and will not provide any operators with the Equipment.  Customer is solely responsible for the correct and safe operation of the Equipment.  Customer further agrees to keep all Equipment away from swimming pools and all water sources.  By entering into this Agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of the Equipment.  Customer voluntarily agrees to keep and maintain all safety rules for the correct and safe operation, installation, and use of all Equipment, and to assume any and all risks of injury or damage.  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.  Customer will not allow any person to use or operate the Equipment in need of repair or when it is in an unsafe condition.

2. General Release.  Customer will take all necessary precautions regarding Equipment and protect all persons and property from injury or damage.  Customer acknowledges that Customer is in charge of the operation, installation, and use of the Equipment, and is fully responsible for its safe operation and use as well as the return of the 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 Equipment, or to any claims by any other person(s) injured by or on account of the Equipment, while the equipment is in the possession of the Customer.  Customer hereby releases Owner Owner’s suppliers, agents, members, employees, and contractors from any claims or liability related to or arising out of Customer’s operation, installation, and use of the Equipment.  

3. Indemnity and Hold Harmless.  Customer agrees to defend, indemnify, and hold harmless Owner and Owner’s suppliers, agents, members, employees, and contractors from and against any and all liability, claims, judgments, attorney’s 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, that arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Equipment, however caused, arising while such Equipment is in the actual or constructive possession of Customer.  

4. Application.  The General Release, Indemnity, and Hold Harmless provisions of this Agreement apply to, but are not limited to, any injury, death, damage, claim, or liability that may arise on account of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Equipment, however caused, arising while such Equipment is in the actual or constructive possession of Customer, and shall run to the benefit of Owner and Owner’s suppliers, agents, members, employees, and contractors.  

 

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ADDITIONAL TERMS AND CONDITIONS

In consideration of the renting of the Equipment described on the first page of this Agreement and in addition to all of the terms and conditions set forth above, the parties hereby agree as follows:

1. Identity of parties.  For the purposes of this Agreement, “Owner” means My Birdie Bounce LLC.  and its owners, officers, directors, members, employees, contractors, and agents.  “Customer” means the person(s) or company listed in the “ordered by” and/or “customer” boxes above, as well as the person signing the Agreement (if different), and their respective agents and/or employees.

2. Equipment, Rent, Payment, and Term of Rental Agreement.  Customer rents from Owner, and Owner lets to Customer the certain “Equipment” described on the first page of this Agreement, consisting of the Bounce House, Blower unit, and accessories.  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 Customer’s obligations arising under the terms and conditions of this Rental Agreement shall run from actual pick up of the Equipment to the actual return of the Equipment by Customer.  Owner cannot guarantee weather conditions, and if the Equipment is 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.

   1. Pick Up and Return.  My Birdie Bounce will drop off and pick up all rented equipment at agreed upon times/date. 

3. Receipt/Inspection of Equipment.  Customer hires the Equipment on an “as is” basis.  Customer acknowledges that Customer has inspected the Equipment and will personally inspect the Equipment prior to use and will read the operating and safety instructions prior to use.  Customer specifically agrees that the Equipment will not be used if Customer finds that it is not suitable for Customer’s needs.  Customer acknowledges receipt of all Equipment listed in this Agreement and that it is in good working order and condition.

4. Possession/Title.  Customer’s right to possession of the Equipment begins upon the beginning of the Rental Period and terminates on the end of the Rental Period.  Retention of possession, or any failure to return the Equipment by the end of the Rental Period 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 Owner the full replacement value for the Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Owner.  Title to the Equipment is and shall remain in Owner at all times.  Customer agrees to keep the Equipment in Customer’s custody and control during the Rental Period.  Customer shall not cause nor permit the Equipment 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, 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.  If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify Owner immediately.

5. Care of the Equipment.  

Remove Shoes at all Times upon Entering Bounce House.  

Customer shall be responsible for any and all damage to any of the Equipment not caused by ordinary wear and tear.  “Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by ordinary, reasonable and proper use of the Equipment.  Customer shall be liable to Owner for any and all damage which is not “ordinary wear and tear” in an amount equal to the Replacement Value listed on the first page of this Agreement.  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 sprinkler system, hoses, super soakers, etc., contamination of or dirtying of Equipment with non-approved items such as chemicals, food, paint, silly string (see Paragraph 8(d)), mud, clay, or other materials.

1. Equipment Problems.  Should any Equipment develop a problem, or not function correctly at any time, or if Customer does not understand the operating instructions, Customer agrees to immediately cease use of that Equipment.  In particular, if the Bounce House begins to deflate Customer will immediately have the users exit the Bounce House and then check for one of the following conditions:

   1. 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 that it has not been unplugged.

   2. If motor continues to run, check for blockage of the air intake screen on the side of the blower unit.  Also, check both air tubes on the back of the Bounce House unit for snugness and tighten the ties if necessary or if disconnected, re-connect to blower.

   3. If either of these steps corrects the problem, fully re-inflate the Bounce House prior to permitting anyone to use it.

   4. If you cannot correct the problem, call Owner at 702-672-5522

2. Specific Rules and Instructions for the Bounce House.  The following rules and warnings must be obeyed in the use of the Bounce House:

   1. All safety and operating instructions must be complied with and followed at all times.

   2. For the safety of all children, ADULT SUPERVISION IS REQUIRED AT ALL TIMES!  A responsible ADULT must supervise the Bounce House at all times.  WARNING - Extra caution and supervision are required for children ages three (3) and under.

   3. No one shall operate, supervise or enter the Bounce House if under the influence of ALCOHOL, DRUGS or any other legal or illegal drug or substance.  

   4. “Silly String” causes irreparable damage to the Bounce House.  No “Silly String” is permitted in or around the Bounced House or to come in contact with the inside or outside of the Bounce House at any time.  Customer acknowledges and agrees that if the Bounce House is damaged by “Silly String” or any product like “Silly String”, or damaged in any way, then a $500.00 fee shall be automatically imposed by Owner and shall be immediately due and payable by Customer. 

   5. Please have users remove items such as glasses, dangle earrings, anklets, bracelets, belts, shoes, and any sharp or bulky items that may reside in pockets before entering the Bounce House.

   6. No Horse Play is permitted in or around the Bounce House at any time.  No one may climb on outside walls, netting side columns, or the roof of Bounce House at any time.

   7. WARNING - It is unsafe to stay in the Bounce House if winds exceed 15 miles per hour or if it is raining.  In those circumstances have all persons exit Bounce House, unplug the blower unit, and let the Bounce House deflate.

   8. WARNING - No one should enter the Bounce House with any type of existing injury.  Individuals with head, neck, back or other muscular-skeletal injuries or disabilities, pregnant women, small infants, and others who may be susceptible to injury from falls, bumps or bouncing are not permitted in the Bounce House at any time.

   9. If the Bounce House Unit moves, pull corners back to their original locations and secure corners.  For other questions regarding the safe installation of Equipment, please call Owner at 702-672-5522.

   10. Do not let the Bounce House rub up against any surface.

   11. Absolutely no food or drinks are allowed inside the Bounce House.

3. Limited Warranty.  Owner warrants that the Equipment 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 is limited to repair or replacement of the Equipment when Owner determines that it does not conform to this warranty.  Owner makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied.  There is no warranty or representation that the 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 Equipment. Owner shall not be responsible for any defect or failure unknown to Owner at the time of delivery.

4. Compliance with Laws.  Customer agrees not to use or allow anyone to use the Equipment for any illegal purpose or in any illegal manner or in an unsafe manner.  Customer agrees at Customer’s sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and regulations that may apply to the use of the Equipment during the Rental Period.  Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer’s use of the Equipment, including any subsequently determined to be due.  Customer is solely responsible for obtaining any and all permits or licenses from the appropriate government agencies prior to use.

5. 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.

6. Customer Acknowledgment.  Customer acknowledges and certifies that Customer has had a sufficient opportunity to read this entire Agreement and agrees to be bound by all the terms and conditions.

7. 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.

8. 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 Equipment in good working order is acknowledged by Customer upon execution of this Agreement.

In witness whereof the parties have executed these Additional Terms and Conditions as of the date set forth above.  

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I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE NEXT PAGES, AND AGREE TO BE BOUND BY THEM.  I FURTHER WARRANT AND REPRESENT THAT I AM EITHER THE CUSTOMER NAMED ABOVE, OR AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT ON THEIR BEHALF AND AS THEIR AGENT. FURTHERMORE, I AGREE THAT I AM ALSO BINDING MYSELF PERSONALLY AS AN ADDITIONAL PARTY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.