RECITALS
WHEREAS, Renter is a business that provides party rental services such as but not limited to a bounce house, cotton machine, snow cone machine, throne chairs, chairs, portable generator, chair sashes and mascots;
WHEREAS, Client wishes to rent listed items from the Renter as stated herein and in accordance with the terms of this Agreement;
WHEREAS, Render agrees to rent the listed items stated herein this agreement and provide services as required by the Client and agreed by the parties under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set out herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Purpose and engagement
Client hereby engages the Renter to rent the following items [hereinafter the “rented item”] (the “services”);
Term
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until ____ (the “termination date”), subject to earlier termination as provided in this Agreement.
Renter’s duties
Renter agrees to take all necessary steps to provide adequate service to the client as agreed by the parties.
The Renter agrees to duly notify the client of any changes and/or requirements to its services or any changes to the service(s) of the client.
Renter shall ensure that the rented items are available on the required/scheduled day.
Client Duties
The client agrees to make all payments adequately and promptly.
The client shall take all necessary and reasonable measures to avoid theft and damage to the rented items.
It is the responsibility of the client to inspect the rented item(s) before renting it. Once the rented item(s) leaves the premises or place of the renter, the renter shall not be held liable for any damage discovered by the client at that point.
The client is not permitted to rent or lease the rented item to any third-party. Any such lease or rental shall be a breach of this agreement and will incur additional charges and possibly, legal actions against the client for breach of contract.
It is the client’s duty to pick up the rented item(s) from the renter’s provided pickup address.
Bounce Houses / Inflatables Operator/Attendant Responsibility Checklist
_ NO: Shoes, eyeglasses, jewelry, or other sharp objects NO: Somersaults, diving, wrestling, rough play or flips.
_ NO: Food, drinks, gum, pets or silly string. Bounce House must always have adult supervision when in use.
_ The Bounce House must be securely anchored at all times. Entry into the Bounce House should be orderly and in a controlled manner.
_ Riders should be of similar age range, height, and weight. Do not put older children or adults with young children. Individuals who may be particularly susceptible to injury from falls bumps or
bouncing should not use this product. You should consult a physician before using
this product.
_ Do not jump onto or off of the ride. Use of whistles and signaling devices is recommended.
_ Keep patrons away from the blower at all times. DO NOT USE and immediately deflate the inflatable if wind conditions exceed 15
mph and/or if it rains.
FOR RIDES WITH CLIMBS OR SLIDES
_ Go down feet first only. NO: Climbing up the wrong way.
_ NO: Jumping onto the slide area. EMERGENCY PROCEDURES In the unlikely event of a severe weather alert, power failure or medical emergency: Exit patrons in an orderly fashion away from the game.
_ Turn off the blower and unplug from the outlet. Keep patrons and guests away from the inflatable.
_ Call the appropriate emergency responders if necessary.
Client’s Information
The renter agrees to adequately protect the following information received from the client under applicable data/privacy laws;
Client’s Full Name:
Full Address:
Email:
DOB:
Phone Number:
Emergency Contact Number/Phone:
Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States Dollars ($).
Rent Date and Times
The agreed rental date is: _____________ (the “rental date”)
The agreed return date is: _______________ (the “return date”)
Payment
The Client agrees to pay the Renter a rental fee of $__________ for the use of the rented item(s) (the “rental fee”).
The Client agrees to pay a deposit of $______ to book the rented item(s) (the “deposit”). The Deposit shall be paid on the execution date of this agreement. The deposit shall be refunded when the rented item(s) is returned to the renter undamaged.
The rental fee shall be paid on or before (the “rental fee payment date”).
Additional Cost
In the event of a theft or misplacement of the rented item while in the possession of the client, the client shall pay the full price to replace the rented item.
If any damage is caused to the rented item(s) while in the possession of the client, the client shall not be entitled or refunded the deposit paid herein this agreement.
In the event that the rented item is not returned as at when due, there will be an additional cost of $____ per day until the rented item is rented.
Confidentiality
During the Renter’s performance of services for the client, the Renter may receive, have access to and create documents, records and information of a confidential and proprietary nature to the client. The Renter acknowledges and agrees that such information is confidential and must be kept strictly confidential and used only in the performance of the Renter’s duties under this Agreement. The Renter agrees that it will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of the Renter or as otherwise directed by the client in the course of the Renter’s performance of services under this Agreement, and thereafter only with the written permission of the client or required by law.
Ownership
The client hereby acknowledges and agrees that the rented item(s) is the property of the renter. Nothing in this agreement grants the client ownership of the rented item(s).
Refund and Cancellation Policy
Any request to cancel the rental after payment has been made, the client shall ONLY be entitled to 50% of such payment.
The client understands that the rental date herein this agreement is fixed and cannot be changed except with the express approval of the renter. The Renter shall provide alternative dates should the client choose to change the rental date. The acceptance of a new rental date is not guaranteed and shall be at the discretion of the renter. If a new rental date cannot be fixed, any payment made shall be non-refundable.
Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be made to the Renter at this email address: _______ and to the client at this email address: __________.
Modification of agreement
Any amendment or modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Force Majeure
If the renter is unable to perform any of its obligations by reason of fire or other casualties, strike, act or order of public authority, an act of God, or other cause beyond the control of the renter, then the parties shall manage to reach an agreement that suits both parties. If any payment has been made, the renter shall refund the client accordingly.
Limit of liability
The renter shall not be responsible for any damage, injury, loss or claim resulting from the carelessness or negligence of the client or third parties while using the rented items.
Renter shall not be held liable for any damage or accident caused to the client once the client has accepted the rented items as fully working and in good condition. Once the rented item is taken out of the renter’s Premises or place, any damage or accident is the responsibility of the client regardless of whether such damage or accident was due to a fault of the renter or damage already made to the rented item before such rental.
TITLES/HEADINGS
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Mediation and Arbitration
If any dispute relating to this Agreement between the renter and the client is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and to a qualified arbitrator from the American Arbitration Association (AAA) if mediation fails. The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a neutral party acceptable to both parties. The cost of any mediations or arbitrations will be paid by the party bringing the claim.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
The waiver by any Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Parties will not be construed as a waiver of any subsequent breach of the same or other provisions.
Governing laws
This Agreement shall be construed and enforced pursuant to the laws and courts of the state of New York, U.S.A.