Rental ContractApril 1, 2016
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
A. HOLD HARMLESS PROVISION:
Lessee agrees to indemnify and hold Joyful Celebrations Inc. harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney’s fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment.
LESSEE HEREBY RELEASES AND HOLDS HARMLESS Joyful Celebrations Inc. from injuries or damages incurred as a result of the use of said equipment unless Joyful Celebrations Inc. is operating the equipment and is deemed by a court of law to be negligent in its actions. Joyful Celebrations Inc. cannot under any circumstances beheld liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Joyful Celebrations Inc. from any loss, damage, theft, or destruction of the equipment during the term of this contact and any extension thereof.
B. DUTY TO MITIGATE:
In the event of injury, damage or loss due to Joyful Celebrations Inc.’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss.
C. DISCLAIMER OF CONSEQUENTIAL DAMAGES:
By signing this contract, Lessee agrees to forego seeking any consequential damages in the event of any injury, damage or loss due to Joyful Celebrations Inc.’s negligence.
D. DISCLAIMER OF WARRANTIES:
Joyful Celebrations Inc. makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Lessee from Joyful Celebrations Inc. By signing this contact, Lessee agrees that any warranty of merchantability or fitness for a particular purpose is hereby disclaimed.
By signing this contract, Lessee agrees that no express warranty as to the condition or
performance of any equipment and/or property leased by Lessee is hereby disclaimed. Lessee understands that the only warranties pertaining to the condition or pertaining of said equipment and/or property is that which is stated on the instruction manual located on the equipment (the “Instruction Panel”).
E. MERGER CLAUSE:
This signed Agreement in conjunction with the signed Additional Terms and Conditions, the Instruction Panel, the Invoice and the Customer Waiver Peace of Mind policy (if applicable) contains the entire agreement between the Joyful Celebrations Inc. and the Lessee.
No amendment, whether from previous or subsequent negotiations between the Lessee and the Joyful Celebrations Inc., shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof.
ADDITIONAL TERMS AND CONDITIONS
In consideration of the hiring of that certain Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all of the terms and condition set forth on the previous page of this agreement, the parties do further agree as follows:
1. Identity of parties: For the purposes of this Rental Agreement. “Joyful Celebrations Inc.” shall mean Joyful Celebrations Inc., its owners, officers, directors, shareholders, employees, contractors, agents and “Lessee” shall mean the Lessee or person(s) or company listed in the “rented to” box on the invoice page of this agreement, as well as the person signing the agreement (if different), and their agents and/or employees.
2. Equipment, Rent, Payment, and Term of Rental Agreement: Lessee rents from Joyful Celebrations Inc. certain equipment described on the invoice page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed on the invoice page of this Agreement., but all of Lessee’s obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual removal of the Equipment by Joyful Celebrations Inc.
3. Weather: Joyful Celebrations Inc. can not guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the inflatable equipment and or its users may be in danger (the “Severe Weather”). Some examples of Severe Weather are high winds, excessive rain, snow, and lightening. In the event of Severe Weather during a rental, Lessee agrees that he /she/they will unplug the inflatable, allow it to deflate, and not use the inflatable until the Severe Weather ends.
4. Delivery: Joyful Celebrations Inc. shall deliver the Rental Equipment to the address specified by Lessee as listed on the invoice page of this Agreement. Lessee grants to Joyful Celebrations Inc. true right to enter the property 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.
5. The Lessee acknowledges receipt from Joyful Celebrations Inc.of the equipment listed on this Agreement together with all parts and attachments belonging or relating thereto (the “Equipment”), and the Lessee confirms that the Equipment was inspected by all parties to this Agreement and found to be in satisfactory condition when received, with any and all damage to the Equipment, present as a result of its prior use, documented and approved by all parties. If the Lessee fails to elect to have such inspection and approval made, the Equipment shall be presumed for all purposes hereof to be in good condition and running order upon commencement of the Rental Period (as hereinafter defined). Joyful Celebrations Inc. 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 Lessee’s particular intended use, or that it is free of latent defects. Joyful Celebrations Inc. shall not be responsible to Lessee or to any third party for any loss, damage, or injury resulting from, or in anyway attributable to the operation of, installation of, use of, or any failure of the rental equipment unless operation of, installation of, use of, or failure of equipment is a result of negligence on the part of Joyful Celebrations Inc.
6. Cancellation Policy: Lessee will receive a full refund of deposit with cancellation when cancellation is due to Rain or Severe Weather. Cancellation for any other reason will cost upto the full invoice amount depending on the reason for the request and how far away the booking date is and how many potential orders were lost as a result. For potential recovery of loss see Peace of mind waive.
7. RULES GOVERNING THE SAFE OPERATION OF EQUIPMENT
The following rules (the “Rules”) detail safe operational guidelines for the inflatable equipment you are leasing from Joyful Celebrations Inc. and must be obeyed in the use of inflatable equipment:
A) All safety and operating instructions contained on the inflatable must be complied with and followed at all times. To ensure safe operation of the Equipment, the Lessee agrees to read the Rules aloud to users of the Equipment. Please contact Joyful Celebrations Inc. if you have any questions regarding the operation of the Equipment before you begin use of the Equipment;
B) Alterations: Alteration in or attachments to the Equipment unit are strictly prohibited;
C) Installation: The Equipment is prohibited from being set up close to swimming pools or other sources of water at any time;
D) Do not move the inflatable from the location where set-up;
E) If the inflatable unit moves, pull corner(s) back to their original location(s) and re-secure; For other questions regarding the safe installation of equipment, please call the Joyful Celebrations Inc.;
F) Do not let the inflatable unit rub up against any surface;
G) Inclement Weather: Once there is a threat of inclement weather, including strong winds (at or in excess of 15 mph), thunderstorms (especially when lightening is present), or severe cold weather (below 5 degrees Celsius), users are to immediately exit the inflatable and the blower is to thereafter be switched off and removed, and the unit allowed to deflate;
H) For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES;
I) WARNING – extra caution and supervision are required for children ages three (3) and under;
J) Only compatible age groups and sizes shall play on the inflatable at the same time. The following are guidelines as to the number of riders that may be on the inflatable unit at the same time:
BOUNCER’s– CHILDREN UP TO AGE 7: 6-8
CHILDREN AGES 8 – 12: 4-5
INDIVIDUALS OVER 12: 1-2;
K) WARNING – 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 rental equipment at any time;
L) The following is strictly prohibit from being allowed inside the the inflatable at any time: FOOD, DRINK, ANIMALS, SAND, GUM, PAINT, PENS, MARKERS, CRAYONS, SPRAY STRING, FIREWORKS, GLITTER, SMOKING, SHOES, GLASSES, AND ALL LOOSE JEWELRY;
M) No silly string is permitted to come in contact with the inside or outside of the inflatable unit, this causes irreparable damage to the inflatable, and Lessee acknowledges that if the inflatable is damaged by “Silly String”, then a minimum $500.00 fee shall be automatically imposed by Joyful Celebrations Inc. and shall be immediately due and payable by Lessee;
N) Flipping in the air, wrestling, and riders piling on themselves is strictly prohibited. Such activity may result in neck and back injuries to riders; and
O) General Misuse: We Do Not Allow Riders to play or climb on walls, sides or roof of inflatable. Unless previously authorized by Joyful Celebrations Inc., never place a water hose or water in general onto the inflatable. If the inflatable should become wet, we will have to wipe down unit before riders return. Inflatable should not be wet when riders enter the unit.
I hereby acknowledge, as witnessed by my signature, that I have read each of the above referenced safety rules cited in this agreement.
I further acknowledge by my signature that I understand each of these rules and agree to abide by them completely.
Signature:_________________________________________ Date :______________
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