TERMS AND CONDITIONS
NOTE: Driver pick-up time is approximate. Customer is responsible for, and required to stay with all the equipment until it is picked up by our representative, or other arrangements have been made.
1. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from LTD Party and Equipment Rentals, LLC. certain equipment described on the invoice page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as «date»: «start»-«end» on the invoice page, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by LTD Party and Equipment Rentals, LLC. If the Equipment is delivered by LTD Party and Equipment Rentals, LLC and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the Equipment due to weather or other causes.
2. Weather: LTD Party and Equipment Rentals, LLC. can not guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the equipment and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain and lightening.
3. Delivery: LTD Party and Equipment Rentals, LLC. shall deliver the Rental Equipment to «address» specified by Customer as listed on the invoice page of this Agreement. Customer grants to LTD Party and Equipment Rentals, LLC. true right to enter the property at «address» for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times.
4. Receipt/inspection of Rental Equipment: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the rental equipment and will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer's needs. Customer acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order. LTD Party and Equipment Rentals, LLC. makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Customer.
5. Possession/Title: 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 LTD Party and Equipment Rentals, LLC. 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 event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to LTD Party and Equipment Rentals, LLC. the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by LTD Party and Equipment Rentals, LLC. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of LTD Party and Equipment Rentals, LLC. delivery of the items, until LTD Party and Equipment Rentals, LLC. picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, LTD Party and Equipment Rentals, LLC. may retake possession of said items without further notice or legal process. Customer hereby agrees to indemnify, defend, and hold LTD Party and Equipment Rentals, LLC. harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify LTD Party and Equipment Rentals, LLC. immediately.
6. Care of the Rental Equipment: Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to LTD Party and Equipment Rentals, LLC. for any and all damage which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment.
7. 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 to comply with all municipal, parish, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any all permits and/or licenses from the appropriate government agencies prior to use.
8. Duty to Mitigate: In the event of injury, damage or loss due to Customer negligence, Customer agrees and assumes the duty to mitigate all costs resulting from said injury, damage, or loss.
9. Disclaimer of Consequential Damages: Customer agrees to forego seeking any consequential damages in the event of any injury, damage or loss due to Customers negligence.
10. Merger Clause: This Agreement along with the Invoice and the Rules Governing the Safe Operation of Inflatable Equipment(if used) constitutes the full agreement between LTD Party and Equipment Rentals, LLC. and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that it is in good working order.
I, _____________________________________, HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM THE CUSTOMER AND AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT.
RULES GOVERNING THE SAFE OPERATION OF INFLATABLE EQUIPMENT
1.Safety/Operating Instructions: 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 agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges and understands that LTD Party and Equipment Rentals, LLC has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children's safety depends upon customer providing ADULT SUPERVISION AT ALL TIMES. Customer further agrees to keep all equipment away from swimming pool(s) and customer understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and all risk of injury or damage. In particular, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from LTD Party and Equipment Rentals, LLC. on the safe operation and use of the equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation.
Safety/Operating Instructions: 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 agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges and understands that LTD Party and Equipment Rentals, LLC has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children's safety depends upon customer providing ADULT SUPERVISION AT ALL TIMES. Customer further agrees to keep all equipment away from swimming pool(s) and customer understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and all risk of injury or damage. In particular, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from LTD Party and Equipment Rentals, LLC. on the safe operation and use of the equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation.2. General Release/indemnity/hold harmless: I understand and acknowledge that play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless LTD Party and Equipment Rentals, LLC. from any and all liability, claims, demands, causes or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions. Should LTD Party and Equipment Rentals, LLC. or anyone acting on behalf of LTD Party and Equipment Rentals, LLC. be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold LTD Party and Equipment Rentals, LLC. harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against LTD Party and Equipment Rentals, LLC., it is agreed to do so solely in the State of Arizona. I agree that if any portion of this agreement is found to be void or unenforceable the remaining portions shall remain in full force and effect. In consideration of being permitted by LTD Party and Equipment Rentals, LLC. to use its equipment, the undersigned and it participants agree to indemnify and hold harmless LTD Party and Equipment Rentals, LLC. from any and all claims which are brought by the undersigned and/or their participants and which are in any way connected with such use or participation
General Release/indemnity/hold harmless: I understand and acknowledge that play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless LTD Party and Equipment Rentals, LLC. from any and all liability, claims, demands, causes or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions. Should LTD Party and Equipment Rentals, LLC. or anyone acting on behalf of LTD Party and Equipment Rentals, LLC. be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold LTD Party and Equipment Rentals, LLC. harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against LTD Party and Equipment Rentals, LLC., it is agreed to do so solely in the State of Arizona. I agree that if any portion of this agreement is found to be void or unenforceable the remaining portions shall remain in full force and effect. In consideration of being permitted by LTD Party and Equipment Rentals, LLC. to use its equipment, the undersigned and it participants agree to indemnify and hold harmless LTD Party and Equipment Rentals, LLC. from any and all claims which are brought by the undersigned and/or their participants and which are in any way connected with such use or participationThe following rules detail safe operational guidelines for the inflatable equipment you are leasing from LTD Party and Equipment Rentals, LLC To ensure safe operation of the inflatable, it is in your best interests to read and fully understand these rules. Further, you are encouraged to direct any questions you may have about the operation of the inflatable to your representative from LTD Party and Equipment Rentals, LLC. before you begin use of the equipment.
Supervision: The safety of the children depends on you. Your personal supervision is absolutely required at all times. As the lessee of this inflatable unit, the safety of all the riders is your responsibility. As the adult supervisor, you should position yourself in close proximity of the entrance to the ride and be prepared to assist riders when they enter/exit the ride.
Age Groups: Only compatible age groups and sizes shall play on the inflatable at the same time. The following are guidelines as to the number of riders that may be on the inflatable unit at the same time:
BOUNCER--CHILDREN UP TO AGE 7: 10-12SLIDE--MAXIMUM 2 PEOPLE OF
CHILDREN UP TO AGE 7: 10-12SLIDE--MAXIMUM 2 PEOPLE OF CHILDREN AGES 8 – 12: 7-10COMPARABLE WEIGHT, INDIVIDUALS OVER 12: 5-7HEIGHT, & SIZEShoes/Glasses/Jewelry: All riders MUST REMOVE SHOES, GLASSES, AND ALL LOOSE JEWELRY before playing in the inflatable.
Pre-existing Health Conditions: Pregnant women, individuals with pre-existing injuries, and others susceptible to injury from falls, bumps or bouncing are not permitted in or on the inflatable unit at any time.
Flipping/Wrestling/Piling: Improper use of the inflatable includes flipping in the air, wrestling, and riders piling on themselves. Such activity may result in neck and back injuries to riders.
Installation: Do not remove the inflatable from the area where it was installed. If the inflatable unit moves, pull it by one of its corners back to its original location of installation. Keep the inflatable unit away from swimming pools and other sources of water at all times.
Inclement Weather: Once there is a threat of inclement weather, including strong winds (at or in excess of 20 mph), thunderstorms (especially when lightening is present), or severe cold weather (below 40 degrees), children should immediately exit the inflatable. The blower should thereafter be switched off and removed, and the unit allowed to deflate.
Deflation: Should the unit begin to deflate, do the following: First, have all children exit the unit immediately. Next, if the motor has stopped, make sure that it has not been unplugged. If the motor is still running, check the air intake on the side of the motor for blockage, and check both blower tubes on the inflatable unit to make sure that they are tightly tied off. Never allow riders in or on a partially inflated unit.
Alterations: No alteration in or attachments to the inflatable unit are allowed, period.
General Misuse: Do not allow riders to play or climb on walls, sides or roof of inflatable. Do not allow the inflatable rub up against any surface. Unless previously authorized by LTD Party and Equipment Rentals, LLC, never place a water hose or water in general onto the inflatable. If the inflatable should become wet, have an adult wipe down unit before riders return. Inflatable should not be wet when riders enter the unit.
Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable
1. Spilled food, drink or the use of Silly String could result in a $100-$500 Cleaning Fee.
2. Negligence and damage to unit could result in a $400-$1000 Repair Fee.
3. If unit is not repairable a fee of (depending on unit) $1500-$7000 could result.
I hereby acknowledge, as witnessed by my signature that I understand each of these rules and agree to abide by them completely.
LTD Party Rentals LLC is fully licensed and insured
