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BOUNCING HOUSE RENTAL

83 Glen Ave
Upton, MA 01768
Phone: 508-395-8019

ACKNOWLEDGEMENT OF RISK

ACCEPTANCE OF RESPONSIBILITY

RELEASE OF LIABILITY

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU MUST READ AND UNDERSTAND IT BEFORE INITIALING OR SIGNING.

DUTY OF PARTICIPANTS

It is recognized that some recreational activities conducted by Bouncing House Rental are hazardous to participants regardless of all feasible safety measures which we can take. All participants shall have a duty to act as a reasonably prudent person when engaging in the recreational activities which are offered by Bouncing House Rental referred to hereafter as Bouncing House Rental. I hereby covenant and agree not to:

  1. Implement or engage in any act which shall interfere with the running or operation of this rental when such activities conform to the rules and regulations of the State of MA.

  2. Engage or recommend the use of Bouncing House Rental equipment or facilities or services if I do not have the ability to use such facilities, equipment or services safely with instructions until I have requested and received sufficient instruction to permit safe usage.

  3. Engage in any harmful conduct or willfully, or negligently engage in any type of conduct which contributes to or causes injury to any one person.

  4. Embark in any self-initiated activity without first informing Bouncing House Rental of my intentions or receiving permission from Bouncing House Rental to engage in such self-initiated activity.

ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK

I acknowledge and understand that the activity that I am about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, to my property, or to spectators or other third-parties. I, being aware that this activity entails risk or injuries to myself and a risk or injury to spectators or third-parties as a result of my actions, expressly agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness, or disease, or damage to myself or to my property arising from participation in this activity.

I also agree to pay for any damages caused by others (including attorneys’ fees or costs) if they are injured or otherwise damaged due to any negligent actions. My participation in this activity is purely voluntary; no one is forcing me to participate and I elect to participate in spite of the known and unknown risks.

RELEASE

In consideration of the services and/or property provided, 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 Bouncing House Rental, its principals, directors, officers, 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 you for all attorney’s fees and costs should I bring a legal action against you and lose.

ENTIRE AGREEMENT

I understand that this is the entire agreement between myself and Bouncing House Rental, its agents or employees, and that it cannot be modified or changed in any way by the representations or statements of any employees of Bouncing House Rental or by me.

My signature below indicates that I have read this entire document, understand it completely and agree to be bound by its terms.

CONTRACT FOR ALL EQUIPMENT

BOUNCING HOUSE RENTAL

RENTAL CONTRACT

SECTION I: GENERAL PROVISIONS

Operation

  1. I / We warrant and guarantee that I / We have the right of the owner of the property to use same for the equipment I have rented from Bouncing House Rental.

  2. I / We agree to provide a safe environment for the use of all items being rented and any attendant equipment by ensuring continuous supervision by competent adults. I / We agree to take full responsibility to follow the "rules of use" operation instructions and setup requirements and take all precautions to protect the equipment from damage and misuse, and to protect any anticipated user of any rented equipment or any person that may reasonably be in the immediate area of the rented equipment while in use.

  3. I / We understand we may designate responsible attendants or operators provided that the following conditions are met:

(1) Sufficient attendants must be present for all equipment and attractions.

(2) Attendants must be 18 years or older.

(3) Attendants must thoroughly understand the proper operation of the equipment, agree to the rules of use, and know its specific inherent hazards.

(4) Attendants must be under direct supervision of renter or renting organizations’ authorized agents and have immediate access to them.

(5) Attendant must have command presence necessary to maintain order of their responsible area.

(6) Attendants may only operate or supervise one piece of equipment at a time.

(7) Attendants must not be under the influence of any drugs or alcohol.

I / We acknowledge that the designation of such attendants does not transfer liability.

Terms of Rental

  1. I / We understand and acknowledge that the activity to be engaged in through the rental of an inflatable ride, interactive amusement device, dunk tank, carnival style games, activity equipment and/or any other items being rented, brings with it both known and unanticipated risks to myself, my guests, and to my invitees. Those risks include, but are not limited to falling, slipping, crashing, colliding, burning, cutting, broken bones, and could result in injuries to eyes, nose, mouth, or limbs, illness, disease, emotional distress, death and/or property damage to myself and/or my guest and invitees.

  2. I / We understand and acknowledge that professional food concession equipment offered by Bouncing House Rental may employ extremely hot cooking surfaces, scalding hot liquids, high speed rotating cutters, fast moving parts, high voltage electricity, powerful mechanical drives, open flames and other hazards. Improper use, proper use, or unforeseen mechanical failure may result in serious burns, cuts, loss of digits, loss of vision, broken bones, illness, disease, emotional distress, death and/or property damage to myself and/or my guests and invitees.

  3. I / We agree to hold harmless and indemnify Bouncing House Rental and their agents and representatives for damages or injury to persons and property resulting from the use and rental of equipment provided by Bouncing House Rental.

In the event Bouncing House Rental should institute suit in court in connection with any disputed matter relative to this contract, or in the event a suit is brought against Bouncing House Rental, arising out the use and rental of any equipment provided pursuant to this contract by Bouncing House Rental, I / We shall be liable for all attorney fees and costs Bouncing House Rental may reasonably incur.

  1. I / We agree to have in effect a policy of liability insurance, which by its nature will afford coverage for the ongoing activities, equipment, or any other item provided by Bouncing House Rental for any known or unanticipated injury or damage that may occur to any person or property.

  2. I / We agree that in the event of an accident, we will cease operations immediately and contact Bouncing House Rental promptly after any necessary emergency action is taken. Bouncing House Rental can be contacted directly at (508) 395-8019.

  3. I / We understand that although Bouncing House Rental carries a general liability insurance policy, I / We should in no way rely upon said insurance to provide any coverage for any accident or injury caused by the use of any Bouncing House Rental rented equipment.

  4. Bouncing House Rental does not guarantee any equipment to be free of cosmetic, manufacturer’s, nor other defect that may affect the safety or operation of the equipment.

  5. I / We acknowledge that in the event any rental equipment is damaged or destroyed, I / We are liable for its repair or replacement cost.

PAYMENT AND CANCELLATION POLICY

  1. In order to hold a reservation, a deposit of 50% is due to confirm reservation. If a cancellation occurs within 10 days of the scheduled Event date a $50 cancellation charge will be charged to the payment method on file for orders under $500. For orders over $500 a cancellation charge of $100 per unit will be applied to the card on file.

IF PAYMENT IS MADE IN FULL WE WILL ONLY ISSUE A RAINCHECK. WE DO NOT PROCESS REFUNDS.

  1. I / We agree to provide at least TEN days’ notice to Bouncing House Rental in the event of a cancellation of the planned activities. Failure to notify Bouncing House Rental of cancellation may result in a cancellation fee.

  2. In the event of rain and/or strong winds such that the equipment cannot be safely used, I / We may cancel delivery without penalty. For inclement weather cancellations, the deposit will either be returned or credited to a newly scheduled date, provided the desired equipment and dates are available.

  3. Bouncing House Rental retains the right at its discretion to not leave all or certain equipment at my / our premises due to space constraints, ground conditions, unsafe location or condition, inclement weather forecast, or any other reason which Bouncing House Rental has the sole right to ascertain. If Bouncing House Rental refuses delivery for any reason, Bouncing House Rental will not be held liable for any damages.

SETUP REQUIREMENTS – GENERAL

  1. Renter is responsible to ensure that sufficient grounded electrical outlets are available within 50-100 feet of each piece of equipment as applicable. Extension cords provided by Bouncing House Rental may only power equipment. In the event of electrical failure, or unavailability of suitable power Bouncing House Rental will adjust no refunds or credits.

Renter will be required to supply water hose and water source for all water rentals. Bouncing House Rental has generators available at an additional charge if electrical availability is a concern.

  1. If at Bouncing House Rental’s sole discretion no suitable location can be found for any equipment, as outlined herein, the equipment will not be used and there will be no refund.

  2. I / We agree that if any provision of the user instructions or rules set forth herein by Bouncing House Rental are not followed, the equipment, inflatable unit, attraction, concession equipment, dunk tank, game, or any other equipment provided by Bouncing House Rental shall be rental shall be terminated absent refund.

  3. I / We acknowledge that landscaping, yards, decorative lawn fixtures, or other related items may be damaged as a result of the use of any equipment Bouncing House Rental provides pursuant to this contract.

SECTION II: INFLATABLE UNITS & ATTRACTIONS

In addition to all rules and provisions set forth here above, the following applies specifically to inflatable units and attractions.

SET-UP REQUIREMENTS / INFLATABLES AND ATTRACTIONS

  1. Inflatable devices must be set up over a smooth, flat surface. The area must be clear of rocks, debris, animal waste, and other objects, which may interfere with the use of or damage Bouncing House Rental equipment.

The unit must have a minimum clearance of 5 feet on all sides at all times. Contact Bouncing House Rental for overall dimensions of specific units.

By signing this contract, you are releasing Bouncing House Rental from any liability regarding any damage that may occur to water, sewer, drainage, gas lines, etc.

You as customer/signer are responsible for instructing any representative of Bouncing House Rental to any obstructions or buried lines in or around the set-up area. Bouncing House Rental is in no way held liable for damage or repair.

  1. If equipment must be placed on hard surfaces such as concrete, blacktop, or a gymnasium floor, Bouncing House Rental must be notified in advance. This is to ensure proper availability of weights, surface padding and overall suitability. Additional charges may apply.

  2. Equipment must be anchored prior to use. Anchors may not be moved or adjusted by anyone other than Bouncing House Rental personnel. Equipment shall not be relocated during the activities unless prior notice is given to Bouncing House Rental and its representatives are afforded an opportunity to move the equipment as deemed necessary and feasible.

  3. Renter agrees to provide sufficient night lighting in the event the activities are held or continue into the evening hours. Set up time is approximately one half-hour prior to the time booked.

  4. Bouncing House Rental has sole discretion to ascertain whether location for the set-up is proper. If Bouncing House Rental at his or her sole discretion ascertains that there is no neither safe nor proper location, nor proper operation, the item will not be used. There will be no refund.

  5. Renter agrees that Bouncing House Rental may have to deliver up to 48 hours to the event start date/time and Bouncing House Rental may have to retrieve rented equipment up to 48 hours after the rental date and time. The renter/lessor is fully responsible for equipment until Bouncing House Rental returns to pick up equipment.

ADDITIONAL RULES OF USE / INFLATABLE UNITS

  1. An attendant 18 years of age or older is required at all times. Do not operate any equipment without a responsible attendant.

  2. Attendants must read and understand all operation manuals and user instructions.

  3. All users must be of similar size and strength. Follow bounce capacities posted with each unit. Inflatable slide, obstacle courses and similar large attractions are monitored by Bouncing House Rental staff. Users must follow instructions of Bouncing House Rental.

  4. All users must be physically able to participate in activities without assistance. Adults may not "carry" or otherwise assist toddlers or infants up climbing surfaces.

  5. Remove shoes before entering.

  6. Remove eyeglasses, contact lenses and any sharp objects. No necklaces, beads, pins, buckles, or jewelry.

  7. The use of rafts, noodles or any other device, other than ones provided by Bouncing House Rental, to assist riders in going down the slide is prohibited.

  8. Do not climb netting or other containment surfaces.

  9. Flips, wrestling, and horseplay are prohibited on and around the units.

  10. Do not allow all users to run in the same direction to avoid tipping the bounce.

  11. Do not allow users to come into contact with each other.

  12. No face paints allowed in/on inflatables.

  13. Persons who are physically impaired, injured, wearing casts, have heart conditions or are pregnant should not use inflatable amusements.

  14. No use of any other type of soap, baby oil, lotion, fireworks, candy, food, soda or silly string on or around inflatables. (Silly string will melt the vinyl and cause serious damage).

A $150-$500 per unit cleaning fee will be charged to the customer if the use of any of these types of items are found on or in the units.

In the event that silly string is found on or around the unit the customer must be aware that the unit could be stained and need to be replaced. Repair and Replacement Cost of Unit with Silly String will be at customers expense.

  1. Absolutely NO adults on Bounce House Combos or Bounce Houses for any reason. These units are specifically designed for children. No children over the age of 13.

In the situation where it is found that the rules are not being followed or abused, Bouncing House Rental reserves the right to pick up equipment immediately with NO refund due to the customer.

If it is found that any bounce house is NOT being supervised according to the rules and guidelines listed in this contract, Bouncing House Rental reserves the right to pick up equipment immediately with no refund due to the customer.

  1. Use caution when sliding down any of the water slides. DO NOT JUMP from the top or bounce on the top of the slide platform.

Always sit down and slide from the face forward position. DO NOT go down face first on your belly. DO NOT go down backwards.

One person down the slide at a time, make sure one person is going up the stairs at a time.

  1. A dry unit MUST stay dry. If it is found that you have used water on a unit that you rented dry there will be a $50 cleaning charge immediately charged to your credit card on file.

  2. Customer is aware that if a unit is left at a residence or location overnight, Renter/Organization is FULLY responsible for the unit until Bouncing House Rental returns to pick up the unit.

Renter/Organization is also responsible for any damages that might occur overnight by outside pets, vandals, etc.

  1. ABSOLUTELY NO ANIMALS OF ANY KIND IN OR AROUND THE RENTED UNIT.

  2. Any alteration to the water hose/mister hose will result in an automatic charge of $25 to the credit card on file.

ACKNOWLEDGMENT AND AGREEMENT

I / We hereby acknowledge that we have read and fully understand the Bouncing House Rental rental contract; that we will abide by all its terms and conditions; and that we have read and understood all user instructions provided by Bouncing House Rental.

We fully understand the potential for unanticipated danger associated with use of all equipment provided by Bouncing House Rental.

I / We have read and understand, and agree to abide by, all the terms of this online contract.

LESSOR WILL:

  1. Provide the necessary staff to facilitate your event and power cords to reach a minimum of 50ft.

  2. Deliver, set-up, teardown, and operate all activities with/without volunteer staff.

  3. Carry a liability insurance policy covering our services & equipment.

LESSEE WILL:

  1. Provide required 110volt/20amp electric circuits and 10/12 gauge cords for distances over 50ft.

  2. Provide any required entrance and parking passes.

  3. Provide any required adult volunteer(s) to operate the activities.

FINAL ACCEPTANCE

I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT.

I agree to the terms and conditions as stated in this contract and am legally authorized to sign this contract. Furthermore, I understand that my click-to-sign electronic signature makes this contract legally binding.

By electronically signing this contract through Bounce Rental Solutions, I acknowledge that I have read and agree to the terms contained in this Rental Contract.

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