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LEASE AND LIABILITY CONTRACT
1. Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear.
2. Lessee understands and acknowledges that the activity to be engaged in through Lessor's lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees or third parties. Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to falling, slipping, crashing and colliding.
3. Lessee agrees to release, forever discharge and hold harmless Lessor for any injuries, damages or claims that result from Lessee's negligence; including any injuries, claims or damages asserted by Lessee's guests, invitees or third parties. Lessor agrees to release, forever discharge and hold harmless Lessee for any injuries, damages or claims that are the direct result of Lessor's negligence; including injuries, claims or damages resulting from defective Leased Equipment or improper assembly or installation of the Leased Equipment.
4. Lessee agrees to supervise both the Leased Equipment and its use at all times the Leased Equipment is in the possession of Lessee. Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided to Lessee by Lessor.
5. Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself.
6. Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it. Lessee further agrees not to disassemble or uninstall the Leased Equipment or to assemble or install the Leased Equipment.
7. Lessee grants Lessor right to enter Lessee's property for the delivery, pick-up or repossession of the Leased Equipment. Lessee agrees not to loan, sublet or otherwise dispose of the Leased Equipment.
8. In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Louisiana, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
10. Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.
RENTAL AGREEMENT/CONTRACT
This is a rental agreement, referred to herein as “Contract”, and your signature on this Contract and/or payment of money and/or taking possession of any PartyZone Inflatables LLC rentals, accessories, equipment or units, referred to herein solely as “Unit(s)”, is evidence of your acceptance of the Contract and your intent to use the Unit(s) received.
The Contract is made and entered by and between PartyZone Inflatables LLC, referred from herein solely as “PARTYZONE INFLATABLES LLC”, and undersigned “RENTER”.
1. OWNERSHIP: RENTER agrees to keep all Unit(s) in his/her custody and not sublease, rent, sell or remove from the delivery location. RENTER agrees not to remove, disassemble, or uninstall Unit(s) from its setup location or to install any Unit(s). RENTER assumes responsibility for ALL Unit(s) rented from the time of delivery to when PARTYZONE INFLATABLES LLC representative(s) arrive for pick up. RENTER agrees to maintain any and all Unit(s) rented in its original condition from the time of delivery, any alterations or attachments will result in additional fees subject to PARTYZONE INFLATABLES LLC discretion. Items forbidden in Unit(s) include but are not limited to any and all liquids, sprays, silly string, foods, breakable objects, pens; pencils; or markers, belts, hair pins and any other sharp objects. If any such objects are found and cleaning and/or repair is required, a minimum one hundred dollars ($100) fee shall be imposed. The RENTER is required to measure his/her property where the inflatable will be set-up. A minimum of three (3) feet on each side of the inflatable is required to allow the inflatable to bend and/or move while in use. Adequate space must be available. All measurements for each inflatable are on the web at
http://www.partyzone-inflatables.com
. The RENTER must also ensure adequate gate opening space of AT LEAST 44 inches for bounce houses and combos, and a minimum of 48 inches for slides, or other access if the inflatable is going in the back yard. This is not the responsibility of PARTYZONE INFLATABLES LLC. Refunds will not be issued if adequate space is not available.
2. RENTAL PERIOD AND PAYMENT: In the event the Unit(s) is/are not returned at the said date and time, the appropriate daily rate shall apply for each day that the Renter maintains possession of Unit(s). RENTER hereby authorizes PARTYZONE INFLATABLES LLC to submit for payment THE TOTAL COST(S) on any credit card(s) provided by RENTER as form of payment on all amounts owed or any fee(s) accrued described within this Contract. If the payment is unable to be paid in full at the time of any fee(s) assessed for damage, replacement cost, cleaning, or other fees noted herein this Contact then the RENTER has 30 days to submit payment to PARTYZONE INFLATABLES LLC or suit will be filed with the appropriate party for further civil action.
3. DELIVERY/PICK UP: RENTER grants PARTYZONE INFLATABLES LLC representatives the right to enter the property at the specified delivery address for the delivery and subsequent pick up or removal of the Unit(s) at the time specified. PARTYZONE INFLATABLES LLC representatives will arrive to pick up any and all Unit(s) at any time after the fulfillment of this CONTRACT. If a different person arrives for pickup, RENTER must first obtain authorization from PARTYZONE INFLATABLES LLC IMMEDIATELY PRIOR to allowing the person to enter property and remove Unit(s). PARTYZONE INFLATABLES LLC will strive to accommodate RENTER’S delivery and pickup request, however, delays and changes in the schedule are sometimes unavoidable and therefore, PARTYZONE INFLATABLES LLC does not guarantee pickup at the specified time. In the event that there should be any change to the pick up time specified, a PARTYZONE INFLATABLES LLC representative will notify RENTER as soon as possible. RENTER assumes responsibility of providing easy leveled access to the set-up location without any obstacles or barriers, which include but are not limited to stairs, sand, or inclines that, will create passage difficulty. The presence of any such obstacles or barriers will result in delivery fees subject to PARTYZONE INFLATABLES LLC’S discretion. RENTER is also responsible for cleaning up any and all dog feces at the delivery location. If PARTYZONE INFLATABLES LLC’S representatives arrive and they discover dog feces in the yard, they WILL NOT set-up the inflatable. They will leave with the inflatable and continue on to the next delivery. The RENTER WILL NOT BE REFUNDED. NO EXCEPTIONS. RENTER also assumes responsibility of informing PARTYZONE INFLATABLES LLC representatives of any underground utilities that may interfere with staking or anchoring of PARTYZONE INFLATABLES LLC units. RENTER agrees not to hold PARTYZONE INFLATABLES LLC and/or PARTYZONE INFLATABLES LLC representatives responsible for any damages to underground utilities during the course of setup or pickup. Renter must be available upon delivery and pickup to account for all Unit(s) rented, there is no guarantee PARTYZONE INFLATABLES LLC representative can return prior to pickup.
4. WARRANTY: PARTYZONE INFLATABLES LLC warrants and RENTER agrees that the Unit(s) rented is/are in good working condition upon delivery and RENTER further warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear. The Unit(s) is/are supplied and maintained subject to this warranty. PARTYZONE INFLATABLES LLC’S obligation under this CONTRACT is limited to repair or replacement of Unit(s) when PARTYZONE INFLATABLES LLC determines that it does not conform to this warranty. This warranty is in lieu of any and all other warranties expressed or implied, and all obligation and liabilities on the part of PARTYZONE INFLATABLES LLC for damages including, but not limited to, consequential damages arising out of or in connection with the use or performance of Unit(s).
5. RELEASE OF LIABILITY: RENTER agrees to hold FULL responsibility in ensuring safe operation of PARTYZONE INFLATABLES LLC equipment, to follow any safety rules posted on Unit(s) and/or verbally given, and to supervise the Unit(s) rented and any and all participants. RENTER understands and acknowledges that any activity in connection to Unit(s) brings both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to participants. Those risks include but are not limited to falling, slipping, crashing and colliding. RENTER understands such risks cannot be eliminated without jeopardizing the essential qualities of the activity. RENTER agrees to release, forever discharge and hold harmless PARTYZONE INFLATABLES LLC, including its officers, employees and/or agents from any injury, damages or claims that result from RENTER negligence including any injuries, claims or damages asserted by RENTERS guests, invitees or third parties. RENTER agrees to report any damage, injury or claim to PARTYZONE INFLATABLES LLC within TWO (2) days of the reservation date; failure to do so will result in negligence from RENTER and release of ANY AND ALL liability or responsibility from PARTYZONE INFLATABLES LLC. Further, RENTER agrees not to hold PARTYZONE INFLATABLES LLC, including its officers, employees and/or agents liable or accountable for any costs arising out of or in connection to attorney’s fees and/or claims brought up in court involving the use of any PARTYZONE INFLATABLES LLC’S Unit(s).
6. WEATHER POLICY: During periods of severe weather condition(s), arising out of but not limited to rain, hail, lightning, high winds (over twenty miles per hour), intense heat, and fire, the Unit(s) must be evacuated immediately and electricity must be turned off. PARTYZONE INFLATABLES LLC reserves the right to cancel the reservation or end rental term at any time during severe weather condition(s). RENTER will be given the option to cancel his/her reservation with no cancelation fee up to 24 hours prior to delivery/setup time indicated by RENTER on days where severe weather is forecasted FOR 50% OR MORE for RENTER specified delivery location. It is the responsibility of the RENTER to check the weather forecast. Refunds will not be issued. All weather cancellations will be issued a gift certificate valid for one year. In instances where severe weather condition(s) arises after delivery/setup, PARTYZONE INFLATABLES LLC has the right to end the reservation/rental term and no refund will be given after the RENTER has accepted delivery. RENTER agrees to release, forever discharge and hold harmless PARTYZONE INFLATABLES LLC, its officers, employees and/or agents from any injury, damages or claims resulting out of or in connection to severe weather conditions and/or Renters negligence to follow rules regarding weather policy.
7. CANCELLATION POLICY: RENTER agrees to notify PARTYZONE INFLATABLES LLC within seventy-two (72) hours of the delivery date of any cancellation or postponement. If RENTER cancels any reservation within the seventy-two (72) hours of rental date, in whole or in part, PARTYZONE INFLATABLES LLC has the right to apply any cancellation fee or withhold up to the whole amount due or paid.
8. DAMAGE WAIVER: This damage waiver is not intended as insurance and only applies to RENTER if he/she has purchased it. RENTER acknowledges that the damage waiver relieves the RENTER of liability for physical damage of Unit(s) from any external cause such as fire, collision, windstorm, riot or any acts of God. Damage waiver does not cover loss and/or damage due to theft, burglary, misuse, intentional damage or any attempt to relocate or modify any Unit(s).
9. UNINTENDED USE: Dry Unit(s) or Unit(s) which are rented or agreed upon the discretion of PARTYZONE INFLATABLES LLC that are DRY ONLY are not manufactured to be wet and an additional $250 penalty will be applied to all RENTERS who do so.
10. CLEANING FEE: If the inflatable on your contract is returned unreasonably dirty (Excessive dirt, sand, debris, animal waste, food, candy, or drinks), the RENTER will be charged a cleaning fee appropriate for the condition of the inflatable. Cleaning fees alone may not exceed $250. Please clean up after your animals BEFORE we deliver/setup our Unit(s).
11. REPLACEMENT COSTS: The chemical formula used to make silly string permanently discolors the vinyl used to make all inflatable’s. If the RENTER or it’s guests or a third party sprays silly string on the inflatable rented on RENTERS CONTRACT, the RENTER will be charged the full replacement cost of that inflatable. We will deliver the damaged inflatable to your house and you will own it. NO EXCEPTIONS.
12. ACKNOWLEDGMENT: RENTER acknowledges that sufficient time and opportunity were given to read this entire CONTRACT, and understands its contents and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms. RENTER agrees that if any portion of this CONTRACT is found to be void or unenforceable, the remaining portion shall remain in full force and effect. RENTER acknowledges that by providing his/her signature or, clicking the “SUBMIT” button on the PARTYZONE INFLATABLES LLC. website (including any and all URL’s owned by PARTYZONE INFLATABLES LLC. and it’s officers, he/she is agreeing to the terms and conditions of this CONTRACT.
I have read, understand, and agree to abide by all of the terms of this Contract.
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Signature of RENTER Date
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This was great for our daughter's birthday party. We wanted something that would be fun for everyone. This was the best idea. They loved this slide. 