For the purposes of this rental agreement, the company shall mean “Extreme Party Toys of Utah LLC, dba Extreme Party Innovations”, its owners, officers, directors, shareholders, employees, contractors, volunteers, and agents; “Customer” shall mean the 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, participants, guests, and/or employees.
Payment and Term of Rental Agreement
The rental fee set forth is payable in full, in advance. The rental term shall be that listed on the invoice page of this agreement, but all of customer’s obligations arising under the terms and conditions of this rental agreement shall run from the actual delivery to the actual pick up of the equipment by the company. Customer agrees that by accepting delivery of the Equipment, the company has completed its obligation, and that the customer shall not be entitled to any refund if customer elects not to use the Equipment due to weather or any other cause.
Customer hires the rental Equipment on an “as is” basis.Customer acknowledges receipt of Equipment, that they have inspected theEquipment and its installation prior to its use, and certifies that theywill abide by the operating/safety instructions. Should Equipment fail tofunction correctly at any time, the Customer agrees to cause all users toimmediately cease use of that Equipment and contact the Company immediately.
Customers’ right to possession of the rental Equipment begins upon the items being delivered to Customer’s premises and terminates on the actual pick up by the Company. Title to the Equipment is and shall remain in the Company. Retention of possession or any failure to permit the pick up of the item(s) at or after the end of the “Rental Period”specified constitutes a material breach of this Agreement. In the eventthat the Equipment is not returned for any reason, including theft, the customer is obligated to pay to The Company the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pickup or recovery of the Equipment by The Company. Customeragrees to keep the Rental Equipment in his/her/their custody and controlfrom the time of The Company delivery of the items, until The Company picksup such items. Customer shall not cause nor permit these items, or any ofthem, to be sublet, rented, sold, or removed from the Delivery Address, orotherwise transfer such items. If rental items are not returned and/orlevied upon for any reason whatsoever, The Company may retake possession ofsaid items without further notice or legal process and use whatever forceis reasonably necessary to do so. Customer hereby agrees to indemnify,defend, and hold The Company harmless from any and all claims and costsarising from such retaking and/or levy. If rental items are levied upon, orotherwise moved from delivery site, Customer shall notify the Companyimmediately.
Care of Rental Equipment
Customer shall be responsible for any and alldamage to any of the Rental Equipment not caused by ordinary wear and tear.”Ordinary wear and tear” shall mean only the normal deterioration of therental equipment caused by ordinary, reasonable and proper use of therental equipment. Customer shall be liable to The Company for any and alldamage, which is not “ordinary wear and tear”, including but not limited tothe application of paint, tape, permanent marker, “Silly String” or theunauthorized application of water to any devices not specificallyauthorized by The Company. Damage to units will result in a Repair Feeranging from a minimum of $250 up to the cost of replacing the unitdamaged. Negligent damage is not covered under the Damage Waiver. Equipmentmust be returned to the Company in the same clean and dry condition it wasreceived. Dirty Equipment or units which can get wet, but have not beendrained and dried properly will result in a Reconditioning Fee of $50charged for each hour required to restore Equipment.
Waiver and Release of Liability
The Customer understands and acknowledgesthat play on an amusement device entails both known and unknown risksincluding, but not limited to, physical injury from falling, slipping,crashing or colliding, emotional injury, paralysis, distress, damage ordeath to any participant. In consideration of being permitted by theCompany to use its equipment and facilities, the Customer herebyvoluntarily and expressly releases, indemnifies, forever discharges andholds harmless the Company from any and all liability, claims, demands,causes or rights of action whether personal or to a third party, which arein any way connected with participation in this activity, including thoseallegedly attributable to negligent acts or omissions. Should the Companyor anyone acting on behalf of the Company be required to incur attorney’sfees and costs to enforce this agreement, the Customer expressly agrees toindemnify and hold The Company harmless for all such fees and costs. In theevent the Customer files a lawsuit against The Company, it is agreed to doso solely in the State of Utah.
The Company shall deliver the Rental Equipment to the address specified by the Customer as listed on the invoice page of this Agreement. Customer grants to The Company true right to enter the property at the address specified by Customer for delivery and required set up, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times. Delivery and pick-up times are estimates. Delivery crews may arrive up to (4) four hours before the scheduled start time, and pick-up crews may arrive up to (4)hours after the scheduled end time. The customer agrees to prepare the delivery site by removing all rocks, sticks, and animal droppings. The customer also agrees that an adult will be at the delivery site at the agreed time to accept delivery. In the event Company attempts delivery and the Customer not available, Company will attempt to contact the Customer by telephone. If Company is not able to begin setup within ten (10) minutes of arrival at the delivery site, the delivery will be considered abandoned, an anon-refundable delivery fee of $50 will be added to the invoice, and thedelivery crew will continue to the next delivery. The customer may then contact the Company to arrange an agreeable redelivery time. If redelivery is not possible, monies will be refunded according to Company Cancellation Policy.
The customer will receive a full refund of the deposit for any cancellation at least 7 days prior to the event date. If cancellation is less than 7 days prior to the event date, the deposit will be converted to a raincheck applicable to any rental within the following 12 months. The company reserves the right to cancel an order at any time, for any reason, including but not limited to: severe weather conditions; a location that is unsafe or inaccessible due to doors, gates, slopes, or steps; or if there is a reason to believe that the Equipment and or its users may be in danger. If the Company cancels an order, damages will be limited to a refund of monies already paid for the rental. In the event Equipment is delivered after the event start time specified on the contract, the Customer shall have the option to cancel the order and receive a full refund for the amount paid. If the Customer chooses to receive the order, they agree that no further discounts or refunds will be given.
The Company warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. All equipment is supplied and maintained subject solely to this warranty. The Company’s sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when the Company determines that it does not conform to this warranty. the company 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 the Customer’s particular intended use, or that it is free of latent defects. The Company shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. the company shall not be responsible for any defect or failure unknown to TheCompany at the time of delivery.
Compliance with Laws
Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense comply with all municipal, parish, state, federal, or other governmental or quasi-governmental laws, ordinances, and/or regulations that may apply to the use of the rental equipment during the rental period. The customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from the customer’s use of the rental equipment, including any subsequently determined to be due. The customer is solely responsible for obtaining any permits and/or licenses from the appropriate government agencies prior to use. The Customer is responsible to mark all sprinkler lines and call safe to dig if required by law. The Company will not be liable for damage to underground sprinklers or utility lines.
If an attorney is retained to enforce any provision of the agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
If any of the terms or conditions of this Agreement is found to be unenforceable, illegal, or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.
This Agreement constitutes the full agreement between Company and Customer. Any other agreements, whether written or oral, promises, negotiations, or representations not expressly set forth herein shall be of no force or effect. The customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions herein.
In addition to the information set forth in this agreement, the customer acknowledges that there are safety and operating instructions on the equipment delivered and agree to read those instructions and operate the equipment or allow the equipment to be operated or used, in accordance with those instructions. The customer understands that the Company does not provide any operators with this rented equipment unless specifically hired and that the Customer, is solely responsible for the correct and safe operation of this equipment. Customers will NOT move any piece of equipment after it has been staked down or secured with adequate sandbags. The customer will not permit the Equipment to be operated by anyone who is not fully qualified and who has not received instruction from the customer on the safe operation and use of the Equipment, nor shall the customer allow any person to use or operate the Equipment when itis in need of repair or when it is in an unsafe condition or situation.
Rules Governing the Safe Operation of Equipment
The following rules detail safe operational guidelines for the Equipment. Please ask any questions you may have before you begin use of the equipment.
Adult supervision is required at all times. The customer agrees that an attendant will supervise the equipment at all times and enforce safety rules. Only children in comparable age groups and sizes should play on the inflatable at the same time.
Remove anything sharp, including shoes, glasses, and jewelry before playing in the inflatable.
Riders with pre-existing health conditions are not permitted on the equipment. This includes pregnant women, individuals with pre-existing injuries, casts, any type of brace, and others susceptible to injury from falls, bumps, or bouncing.
Cease use during inclement weather. This includes strong winds (at or in excess of 20 mph), thunderstorms (especially lightning), or severe cold weather (below 40 degrees). Switch the blower off, and allow the unit to deflate.
Don’t be foolish. Do not allow riders to play or climb on walls, sides, or roofs of Equipment. Do not allow flipping, wrestling, or riders piling on each another. Should a unit begin to deflate, all users should exit the unit immediately. If the blower has stopped, make sure that it has not been unplugged or turned off. If the blower is still running, check the air intake on the side for blockage, and check both blower tubes on the inflatable unit to make sure that they are tightly tied off and are not kinked. Never allow riders in or on a partially inflated unit.
Be careful with water. Water may only be used on Equipment when specifically authorized by the Company. Sprinkling systems must be turned off to prevent accidental drenching of devices. Even when water is allowed on a unit, only approved watering devices may be used. Water must be turned off and the pool completely drained one (1) hour before the scheduled pickup time, or 7:30 pm, whichever is earlier. Failure to comply with this rule may result in a Reconditioning Fee, which the Customer agrees to pay. Since the use of water on most Equipment is optional, the discount given for any inability to use water is limited to the price difference between wet and dry rentals.