BOUNCE HOUSE RENTAL:
CANCELLATION: A $30 charge will be charged if reservation is cancelled within 48 hours of the event.
WEATHER POLICY: As a safety precaution, we reserve the right to cancel any rental reservation due to rain or high winds at our discretion. Refunds will be issued if any payments have been made.
DELIVERY: We will deliver to address specified on the reservation. Customer grants Bounce Around Jumpers the right to enter said premises for the delivery, set up and return of all equipment rented. Any outstanding balance if any must be satisfied at the time of delivery. Absolutely NO REFUNDS will be given after equipment has been delivered.
CLEANING FEE: Customer agrees to return equipment to Bounce Around Jumpers in the same condition as received and at agreed upon time. A cleaning fee of $50.00 will be charged if any rental equipment is found to be unusually dirty upon pick up. THIS DOES NOT APPLY TO ANY REASONABLE AMOUNT OF DIRT THAT CAN BE TRACKED IN. It does apply however but is not limited to; mud, food, drinks, water, rain, silly string, stickers, candy stains, wrappers or confetti.
BOUNCE HOUSE OPERATING PROCEDURES: Each operator is responsible for reading and understanding the following instructions:
1. Do NOT operate unit if winds exceed 20 mph or under extreme weather conditions
2. Remove shoes (socks are highly recommended)
3. Absolutely NO food, drinks, candy or silly string is allowed around or near the bounce house.
4. Remove any loose or sharp objects in pockets including eyeglasses or jewelry.
5. Only participants of the same size will be allowed in/on the inflatable at the same time.
5. The rated capacity should never be exceeded. The MAXIMUM capacity of the inflatable is as follows:
13 Bounce House: Children 8 yrs or under: 6-8 Children 9-12 yrs: 4-6 Teens: 3-4
15 Bounce House: Children 8 yrs or under: 8-10 Children 9-12 yrs: 6-8 Teens: 4-5
6. The attendant should assist the participants when they enter and exit the inflatable. 7. The attendant should position himself/herself close to the entrance of the slide where they may control access and within view of the occupants. 8. When the inflatable is in use, the attendant should watch the occupants at all times and activities such as wrestling, climbing the nets, horseplay and flips are not to be allowed. Participants engaging in those activities must be removed from the inflatable. It is important that attendants realize they control the operation of the inflatable and that removing participants who do not obey the rules is a safety measure design to protect ALL participants. 9. It is the duty of the attendant to enforce all written and posted safety procedures and operation procedures. 10. The attendant must never leave the inflatable unattended at any time. If it must be left unattended it is required to be deflated and power removed from the unit. 11. All participants are required to wear all protective equipment provided to include but not limited to head gear, safety harnesses, gloves, knee pads, elbow pads, etc.
WATER SLIDE RULES: (in addition to the above rules): 1. Only one (1) person on the slide at a time. 2. Only one (1) person is allowed to climb up the stairs only when a person is no longer on top of the slide. 3. Absolutely NO climbing on or over the sides or the top of the slide. 3. Do NOT handle the blower or any electrical equipment while you are wet or if the ground is wet. 4. Absolutely NO horseplay in the pool. 5. Absolutely NO running or walking on the slide only sliding. 6. Sliding down head first is not allowed.
EMERGENCY PROCEDURES: Emergencies may be caused by weather, equipment failure, power failure and from actions of the participants. Here are some examples of how to handle some various situations should they arise. Power Failure With an interruption of power the unit will start to deflate. Perform the following. 1. Stay calm and have the participants exit the inflatable immediately. 2. Check the blower switch, the blower plug and extension cord if used. Make sure all connections are made. Check the fuse/circuit breaker panel. 3. If no power still exists, it may be a blower malfunction. Call Bounce around Jumpers @ 707-315-0549 immediately. Unplug the blower from its power source. Damage Should the inflatable become damaged while in operation, perform the following. If the unit ripped or punctured and begins to deflate, calmly have all participants exit immediately and turn the blower(s) off. Note exactly what happened, how many participants were on/in the unit and any unusual circumstances. Contact Chris at Bounce around Jumpers immediately. Weather Severe weather conditions such as rain, lightning or strong winds require the participants to safely exit the unit immediately and the unit is to be deflated and unplugged. Do so as follows: 1. Do not panic, it is important the participants see you remain calm and in control so they do not panic themselves. Have them exit in an orderly fashion. 2. When all participants have exited the unit, turn off the blower to deflate the unit and then disconnect power to the blower(s). 3. All units should be covered with a tarp to protect it from rain. If no tarp is available fold the unit over on its self once. 4. The blower should be adequately covered as well to prevent water damage.
SAFE OPERATION ACKNOWLEDGEMENT:
Lessee (customer) ACKNOWLEDGES THAT I HAVE BEEN INSTRUCTED ABOUT AND FULLY UNDERSTAND THE SAFE OPERATION OF THE SHOWTIME INFLATABLE UNIT THAT IS THE SUBJECT OF THIS RENTAL AGREEMENT.
Lessee (customer) AGREE TO OBSERVE ALL SAFETY PRECAUTIONS AND AT NO TIME SHOULD THE UNIT BE UNATTENDED.
Lessee (customer) ALSO REPRESENTS AND WARRANTS THE SAFE RETURN OF THE UNIT AND HEREBY AGREE TO PAY FOUR THOUSAND ($4000.00) IF IT IS NOT RETURNED.
2. MAINTENANCE: I agree to return the BOUNCE AROUND JUMPERS unit in the same condition as when received, ordinary wear accepted. No alterations or attachments to the BOUNCE AROUND JUMPERS unit will be made
3. TITLE TO BOUNCE AROUND JUMPERS: I agree to keep the BOUNCE AROUND JUMPERS unit in my custody and not to sublease, rent, sell, remove from the Delivery Address, or otherwise transfer the BOUNCE AROUND JUMPERS unit. The BOUNCE AROUND JUMPERS unit will remain the property of BOUNCE AROUND JUMPERS and may be removed by BOUNCE AROUND JUMPERS at any time after the termination of this rental agreement.
4. RAIN POLICY: During periods of severe weather conditions (rain, high winds, etc.), we reserve the right to cancel your reservations. If conditions are not too severe we will give you the option of keeping it or not. IF YOU DECIDE TO KEEP THE UNIT FOR THE TERM OF THE RENTAL AGREEMENT, THERE WILL BE NO REFUNDS ONCE THE UNIT IS SET UP.
5. NEGLIGENCE OR ABUSE: Lessee (customer) agrees to be responsible for ANY damage to the BOUNCE AROUND JUMPERS rental equipment, if damage is incurred while the equipment is in their possession. Damage fees vary but are estimated below. Bounces: $30 for cleanings fees / $200 - $500 for repairs / $4000 if the unit is not repairable.
It is the responsibility of the Lessee to inform the participant(s) who use or operate the equipment that they do so at their own risk and that if any injury to the participant(s) should occur, BOUNCE AROUND JUMPERS, its employees, its subcontractors, agents, successors and assigns shall not be held liable for any such injuries and/or resulting damages and furthermore shall indemnify BOUNCE AROUND JUMPERS in the event they are held liable for any injuries and/or resulting damage.
Please note that in the event of an emergency or problems with equipment, it is up to the Lessee to contract BOUNCE AROUND JUMPERS at 707-315-0549 immediately in order to resolve the problem. If the Renter fails to contact us then BOUNCE AROUND JUMPERS is not responsible for any refunds.
RELEASE OF LIABILITY: It is acknowledged that some equipment or services furnished by BOUNCE AROUND JUMPERS can be hazardous to participants regardless of any and all possible safety measures taken. Each participant has a duty to act as a reasonably responsible person when engaging in the use of equipment or services offered by Showtime Inflatable. I hereby covenant and agree not to:
a) Act in any manner which will interfere with the safety or operation of BOUNCE AROUND JUMPERS when such activities conform to the rules and regulations of the State of California .
b) Utilize any of BOUNCE AROUND JUMPERS equipment, facilities or services unless I have the right to use said equipment, facilities and services and have received and understand the safety and operations procedures of said equipment, facilities and services.
Engage in any activity that may directly or indirectly cause physical harm or injury to any person(s).
A. HOLD HARMLESS PROVISION: Lessee agrees to indemnify and hold BOUNCE AROUND JUMPERS harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorneys fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless BOUNCE AROUND JUMPERS from injuries or damages incurred as a result of the use of said equipment unless BOUNCE AROUND JUMPERS deemed by a court of law to be negligent in its actions. BOUNCE AROUND JUMPERS cannot under any circumstances be held 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 BOUNCE AROUND JUMPERS 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 BOUNCE AROUND JUMPERS 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 BOUNCE AROUND JUMPERS negligence. D. DISCLAIMER OF WARRANTIES: BOUNCE AROUND JUMPERS makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Lessee from BOUNCE AROUND JUMPERS. By signing this contact, Lessee agrees that any warranty of merchantability or fitness for a particular purpose are 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 for said equipment and/or property. E. MERGER CLAUSE:This signed Agreement in conjunction with the signed Instruction Manual and Reservation Form contains the entire agreement between the BOUNCE AROUND JUMPERS and the Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and the BOUNCE AROUND JUMPERS, 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.
RISK: I understand and acknowledge that by participating in any activities with the equipment, facilities or services offered by BOUNCE AROUND JUMPERS, that there are known risks which may result in injury, illness, death, dismemberment, disease of either a physical or mental nature to myself or other participants and or my physical property. I, knowing of said risks accept and assume responsibility for said risks. I do so freely on my own free will regardless of known or unknown risks.
RELEASE: In consideration of equipment, facilities and services by BOUNCE AROUND JUMPERS, I, for myself and any minor children for which I am the parent, legal guardian, or otherwise responsible, any heirs, personal representatives, or assigns, do hereby release BOUNCE AROUND JUMPERS, its principals, subcontractors, agents, employees, and volunteers from any liability and waive any claim for damages arising from any cause whatsoever (except that which is gross negligence). I further agree to reimburse BOUNCE AROUND JUMPERS for all attorneys fees and costs should I bring legal action against them and lose.
AGREEMENT: I understand that this is the entire Agreement between myself, Lessee (customer) and BOUNCE AROUND JUMPERS, it agents or employees, and that it can not be modified or changed in any way by the representatives or statements of any employees of BOUNCE AROUND JUMPERS or by me. ONLY RELEASE THE SHOWTIME INFLATABLE UNIT TO THE DRIVER WITH THE ORIGINAL SIGNED CONTRACT.
LESSEE (customer) IS FULLY RESPONSIBLE FOR THE BOUNCE AROUND JUMPER UNIT. I HAVE INSPECTED AND RECEIVED THIS UNIT IN GOOD CONDITION.
1. Performance The entertainment to be provided by the Performer
2. Date and Time of Performance The date of the Performance is specified in the booking reservation.
3. Payment In full consideration for all services rendered by the Performer, the Purchaser agrees to pay the Performer a fixed fee as specified in the booking reservation.
4. Performer Expenses The Performer agrees that the Fee is inclusive of all accommodations, traveling expenses to and from the Venue and covers any payments whatsoever due to other members of the group or unit, except as expressly provided in this Agreement.
5. Taxes The Performer is responsible for its own tax and other contributions.
6. Deposit The Purchaser has paid to the Performer the amount specified by the Performer in US Dollars as a deposit (the "Deposit").
7. Deposit Refund The deposit is not refundable, except as provided in this Agreement.
8. Overtime If and when agreeable to the Purchaser and the Performer, the time of the Performance may be extended at the hourly overtime rate as discussed by the Performer, to be paid prior to the overtime period.
9. Payment of Balance The Purchaser will pay to the Performer on the date specified on the booking reservation any outstanding balance of the Fee in the form of cash only.
10. Cancellation By Purchaser The Purchaser reserves the right to cancel this agreement without obligation upon notice to the Performer prior to 3 days before the event or party. In the event of said cancellation, all payments made to the Performer will be forfeited.
11. Cancellation By Performer The Performer does not have the right to cancel this Agreement. In the event the Performer cancels the Performance, the Performer will promptly return the deposit to the Purchaser.
12. Non-performance by the Purchaser Those obligations of the Purchaser that are to be completed prior to the Performance of the Performer are conditions precedent which must be carried out in full by the Purchaser before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Purchaser cancels or postpones any performance without proper notice or fails to make any payment or fails to carry out any other condition precedent as required by this Agreement then the Purchaser will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Purchaser will forfeit any funds already paid to the Performer.
13. Sound and Lighting Systems The Performer will not provide sound and lighting systems required to facilitate the Performance.
14. Security Deposit The Performer will not be required to post a bond or security deposit against any or all possible damage related to or arising from the Performance.
15. Force Majeure Neither the Performer nor the Purchaser will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labor difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Purchaser. However, failure to perform will result in the Performer returning any and all outstanding funds to the Purchaser.
16. Sickness and Accidents The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident, such incapacity to be confirmed in writing by a medical doctor. However, failure to perform will result in the Performer returning any and all outstanding funds to the Purchaser.
17. Key Personnel No key personnel have been specified.
18. No Recording of the Performance Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this agreement. It is the responsibility of the Purchaser to enforce this provision.
19. Merchandising The Performer will not be permitted to display or offer for sale CDs, tapes, and other items at the Performance.
20. Exclusivity The Performer will perform exclusively for the Purchaser throughout the actual period of services of this Agreement unless otherwise provided by the Purchaser in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of this Agreement.
21. Hold Harmless Provision Purchaser agrees to indemnify and hold Entertainment Services by Bounce around Jumpers harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorneys fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the Performers activities including but not limited to the materials, equipments used by the Performer. Purchaser hereby releases and holds harmless Bounce around Jumpers from injuries or damages incurred as a result of the Performers activities unless Bounce around Jumpers deemed by a court of law to be negligent in its actions. Bounce around Jumpers cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Purchaser also agrees to indemnify and hold harmless Bounce around Jumpers from any loss, damage, theft, or destruction of the equipment during the term of this contract and any extension thereof. B. DUTY TO MITIGATE: In he event of injury, damage, or less due to Bounce around Jumpers negligence, Purchaser 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, Purchaser agrees to forego seeking any consequential damages in the event of any injury, damage or loss due to Bounce around Jumpers negligence. Performer is responsible only for its own conduct. The Performer will be compensated by the Purchaser for any and all damage done to the Performer's equipment by the Purchaser, its agents or guests. The Purchaser indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the Performance that is not directly caused by the Performer.
22. Permits The Purchaser warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.
23. Dress Code The Performer will be suitably and tidily dressed during the Performance. The wearing of jeans and trainers is strictly forbidden except with the consent of the client or where the wearing of such attire is deemed to be a necessary part of the Performer's act.
24. Hazardous Material The Performer and any other person associated with the Performer agree not to bring into the Venue any material, equipment, or other object which is likely to constitute a hazard of bodily harm to any person or which is likely to constitute a hazard to property.
25. Pyrotechnics No pyrotechnic devices will be allowed during the Performance. Violation of this provision will result in immediate cancellation of the Performance and this Agreement.
26. Security The Purchaser will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Purchaser is also responsible to ensure that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
27. Picket Lines The Performer will not be required to cross a picket line established by a labor organization at the Venue nor will the Performer be disciplined, or this Agreement be considered or deemed breached by the Performer, by reason of the Performer's refusal to cross such picket line.
28. Governing Law The Purchaser and the Performer submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
29. Mediation and Arbitration If a dispute will arise under the terms of this Agreement, the party claiming the dispute will have 30 days to notify the other party. The party not claiming the dispute will have 30 days to remedy the dispute. In the event that the dispute is not remedied within this time period, then any party at its option will have ten (10) days to submit the dispute to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding rules will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not available, the dispute will be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of California.
30. Covenant of Good Faith and Fair Dealing The Purchaser and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
31. Miscellaneous Terms Time is of the essence in this Agreement.
32. The Performer and the Performer's crew will not be in possession or consume at the Venue any drugs or alcoholic beverages.
33. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
34. No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules, or any other requirements including building and fire regulations. The Performance will not contain any lewd or indecent acts, images, or language. If the Performer violates this section, the Purchaser may immediately cancel the Performance and this Agreement.
35. The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.
36. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
37. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result.
38. This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Purchaser by the Performer or to the Performer by the Purchasers, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
39. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Purchaser's successors and assigns.
40. The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Purchaser for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
41. The Purchaser will be responsible for providing suitable power and electricity for the Performance.
42. It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Purchaser will control the scheduling of the Performance. The Performer is not an employee of the Purchaser. The exclusive nature of this Agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other Purchasers.
OTHER PARTY SUPPLY RENTALS (CONCESSION MACHINES, TABLES AND CHAIRS)
- All rental items/machines on this site are legally owned by BOUNCE AROUND JUMPERS RENTAL company.Therefore, we have established some conditions for rentals to ensure every client is treated fairly and our equipment is protected.
- The renter agrees to return items/machines in like condition and in their entirety. If any damages, stain, or loss accurs, the renter agrees to pay the replacement cost of the item or machine based on the value of the new item or new machine.
MASCOT COSTUME RENTAL:
- All rentals are final, there are no refunds and no cancellations on costumes reserved for outdoor events due to weather condition.
- Failure to return the rental back to Bounce around Jumpers Rental on the same rental date will result in additional rental fees charged
- The renter agrees to return costumes in like condition and in their entirety. If any damages, stain, or loss accurs, the renter agrees to pay the replacement cost of $250.00 and all attorney or collection agency fees needed to complete this contract.
- By agreeing to the rental terms, you, the renter agrees to any additional charges, dues, to fulfill the terms of the contract, to be assessed.