Bounce House Atlanta, LLC
Rental Agreement/Terms and Conditions
AGREEMENT, made between Bounce House Atlanta, LLC, referred to as the “Service Provider”, and Renter referred to as “Client”.
For purposes of this AGREEMENT, Service Provider will deliver to Client all the Product(s) and items listed on Client’s Rental Invoice (hereinafter referred to as “Product”). Each Rental Invoice is subject to this AGREEMENT and incorporated herein.
To address specified by the customer, the customer grants the right to enter said property for the delivery and pickup of the rental equipment at approximately specified times. The client is responsible in the case that vehicle(s) are unable to enter or entrance is delayed. Once Bounce House Atlanta arrives at the event address any changes to the event address may result in additional travel charges, reduced event run-time, and/or cancellation of the event. Inflatables and other large item setups require direct access to setup location, using a wheeled dolly, with a minimum four (4) foot clearance with grades less than 5%. Indoor setups may require double doors with the center pole removed or roll-up doors with a minimum 4-foot wide clearance. Setup location must be accessible without the use of stairs. Setup locations that require the use of an elevator are considered difficult and clients may be billed for additional setup and/or take downtime at a rate of $35 per man hour billed in 1/2 hour increments. Failure to notify the provider of stairs, grades more than 5%, and/or set up locations with limited access as defined here-within may result in a reduced rental period and/or cancellation of event or rentals with the client responsible for the entire balance of this contract less. The client is responsible for answering all follow-up questions about access conditions accurately, or items may not be delivered and a refund may not be offered.
This contract, after signing, is a legal and binding contract. To cancel or reschedule, sufficient notice must be given – at least 48 hours before your scheduled delivery. Cancellation after set-up has begun forfeits any refund and the full amount is due. Postponement of the event may entitle you to use all or part of any payment made towards a timely rescheduled event at our availability. Any rescheduled event is subject to the availability of activities at the time of notification of postponement.
DELIVERY AND TESTING
CLIENT IS CONSIDERED TO HAVE TAKEN DELIVERY OF THE PRODUCT WHEN THE PRODUCT IS DELIVERED TO THE ADDRESS LISTED ON THE RENTAL INVOICE AND THEREFORE ASSUMES ALL RISK OF LOSS FROM THE TIME THAT THE PRODUCT IS DELIVERED TO CLIENT TO THE TIME SERVICE PROVIDER PICKS UP THE PRODUCT. Client is responsible for any damages Client causes to Product, property, or persons, during testing at delivery. After Client completes testing of the Product, Client must notify Service Provider or its agents of any defective or inoperable Product immediately upon discovering the defect. Unless Client notifies Service Provider of a defect or problem with the product supplied at the time of testing, Client agrees that the Product is in good working condition and that the Product is acceptable to Client.
TRANSPORTING PRODUCT—PICK UP AND DELIVERY
Service Provider will deliver Product to Client at the address Client inputs at the time of rental and address listed on the Rental Invoice. Service Provider will then pick the Product from Client at the conclusion of the rental period. Client will assume all delivery expenses, if any, based on Client’s location, distance and/or proximity from Service Provider’s warehouse. Service Provider is not responsible for delivery and pickup delays.
CLIENT’S RESPONSIBILITIES WITH REGARD TO THE PRODUCT
CLIENT ASSUMES ALL RISKS OF LOSS. Once Client has taken delivery of the Product, Client’s responsibilities include, but are not limited to, all locations named and unnamed, all studios, parks, workplaces, homes, houses, or any other venue or location of rental.
CLIENT’S RESPONSIBILITY ENDS WHEN THE PRODUCT IS PICKED UP BY SERVICE PROVIDER. However, Product will not be deemed to have been returned until the following condition is met: an inventory has been completed and a missing and damaged list has been compiled by Service Provider.
RESTRICTIONS UPON THE USE OF THE PRODUCT
U.S. DOMESTIC USE ONLY, UNLESS OTHERWISE AGREED. Product may be used in the United States only, unless otherwise specifically agreed in writing. Product may not leave rental site unless Client is provided with written consent by Service Provider.
SETUP/TEARDOWN BY QUALIFIED TECHNICIANS ONLY. The Product may be used, set up, operated, managed, controlled, directed, driven, influenced, guided only by Service Provider’s duly qualified employees and/or agents. Client shall keep the Product in its sole custody and shall not permit the Product to be used in violation of any laws.
NO SUBLEASE BY CLIENT IS PERMITTED. Client may not sublease or permit use by anyone other than Service Provider’s qualified technician(s), of all or any part of the Product without written consent of Service Provider.
DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGOS. Client may not remove or cover over any serial numbers, tags, nameplates, or identifying logos on the Product showing ownership by Service Provider without written consent of Service Provider.
DO NOT USE THE PRODUCT FOR ANY PRODUCTION OR PROJECT EXCEPT FOR PROJECTS AND PRODUCTIONS AUTHORIZED BY SERVICE PROVIDER. Client shall not use any of the Product on any project or productions without the written consent of Service Provider. If Client uses any of the Product on any project or production, that use will be deemed as a material breach of this Agreement.
NO WARRANTY OR GUARANTY.
SERVICE PROVIDER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER OF THE PRODUCT. SERVICE PROVIDER SHALL BE IN NO WAY RESPONSIBLE FOR THEIR PROPER USE IN SERVICE AND CLIENT HEREBY WAIVES ALL REMEDIES, WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF SERVICE PROVIDER WITH RESPECT TO FITNESS, MERCHANT ABILITY AND CONSEQUENTIAL DAMAGES).
PRODUCT DAMAGED OR DESTROYED WHILE IN THE FIELD.
Return of the Product to Service Provider shall be subject to Service Provider’s subsequent inspection for damaged or missing items. Service Provider will inform Client within a reasonable time period if Service Provider’s inspection reveals missing or damaged items.
AS SOON AS CLIENT DISCOVERS THAT PRODUCT IN THE FIELD IS NOT PROPERLY OPERATING, Client must notify Service Provider of the problem and if necessary, Service Provider will pick up the Product. Service Provider will make a determination of the source of problem for any missing/damaged Product. If Service Provider determines that the problem was not caused by Service Provider, Service Provider will make a reasonable effort to promptly repair or replace the Product at Client’s expense. In determining whether Product should be replaced or repaired, Service Provider’s judgment will be binding on Client.
LOSS AND DAMAGES. On return of damaged Product, Service Provider will make a determination of the extent of the damage and the required repairs. Service Provider or Service Provider’s representatives will have a reasonable amount of time to inspect the damage. In determining whether Product will be replaced or repaired, Service Provider’s judgment will be conclusive on Client. Should Service Provider determine that the Product must be replaced, Client will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax, and setup charges. If repaired, Client will be responsible for all repair costs.
LOST, STOLEN, OR DESTROYED PRODUCT. In the event that after delivery to Client, any of the Product is lost, stolen, damaged beyond repair, destroyed, or otherwise disappears or is not returned for any reason, Client will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax and set up charges.
AS SOON AS CLIENT REALIZES THAT PRODUCT IS MISSING, CLIENT MUST NOTIFY SERVICE PROVIDER AND FILE A POLICE REPORT. In all instances immediately report any missing, lost, or stolen product to Service Provider and file a report with the local authorities.
CLIENT MUST NOTIFY SERVICE PROVIDER AT THE CONCLUSION OF THE EVENT SO THAT SERVICE PROVIDER CAN FACILITATE PICK UP OF THE PRODUCT, UNLESS WITHIN ONE (1) HOUR OF SCHEDULE PICK UP TIME. After Client concludes Client’s event, Client must immediately notify Service Provider, unless within one (1) hour of scheduled pick up time, in order for Service Provider to arrange the pickup of Product back to Service Provider.
CLIENT MAY PURCHASE LIABILITY INSURANCE ON PRODUCT AT CLIENT’S DESIRE. Client may, at Client’s own expense, and at all times during the use, maintain in full force and effect insurance covering all liability from Product, from all sources. Coverage must begin from the time Service Provider has delivered the Product and continue until the time the Product is returned to Service Provider. Service Provider will deliver to Client, prior to delivering the Product, a Certificate of Insurance in form and substance satisfactory to Service Provider.
Client may also, at Client’s own expense, purchase a Damage Waiver to cover damages to Product. Damage Waiver will remain in effect during the rental period and during Client’s use of Product. Damage Waiver will cease to be in effect at the end of the rental period or at the time Service Provider or Service Provider’s agent picks up the Product, whichever occurs first. Damage Waiver will only cover the costs of damage(s) and replacement from accidental damage to Product. Intentional damage to Product will not be covered by Damage Waiver. Service Provider, at Service Providers own discretion, will determine if the Product is damaged intentionally or accidentally. Service Providers decision will be final and binding on Client.
TITLE AND OWNERSHIP
Client specifically acknowledges Service Provider’s superior title and ownership of the Product and must keep the Product free of all liens, levies, and encumbrances. Client may not assign or pledge the Product.
RIGHT OF ENTRY AND INSPECTION
Service Provider will have the right to inspect the Product at any time during the period in which the Product is in the possession of Client. Client must make any and all arrangements necessary to permit a qualified employee of Service Provider access to the location of the Product. If a breach of any of the provisions of this Agreement occurs, Service Provider has the right to remove all of the Product without any liability to Service Provider, and without prejudice to Service Provider’s rights enumerated in this Agreement.
INDEMNIFYING THE SERVICE PROVIDER
Client agrees to indemnify Service Provider and to hold Service Provider in its respective, past, present, or future form, administrators, agents, employees, affiliates, associates, associations, assigns, attorneys, beneficiaries, corporations, directors, divisions, executors, firms, grantees, heirs, independent contractors insurers/reinsurers, joint ventures, managers, members, officers, parents, partnerships, predecessors, representatives, servants, brands, shareholders, successors, subsidiaries, transferees, trustees, vendees, owners, and all legal entities or personal acting by and through Service Provider harmless from and against any and all losses, damages, claims, demand or liability of any kind or nature whatsoever, including legal expenses, recited to, or arising from the use, transportation, condition (including, without limitation, latent and other defects), or operation of the Product, and by however used or operated during the time when Client is in possession of Product. This indemnification will continue in full force and effect during and after the term of the rental for causes arising during the term of the before, during, or after rental.
CLIENT HEREBY RELEASES, WAIVES, DISCHARGES SERVICE PROVIDER in its respective, past, present, or future form, administrators, agents, employees, affiliates, associates, associations, assigns, attorneys, beneficiaries, corporations, directors, divisions, executors, firms, grantees, heirs, independent contractors insurers/reinsurers, joint ventures, managers, members, officers, parents, partnerships, predecessors, representatives, servants, brands, shareholders, successors, subsidiaries, transferees, trustees, vendees, owners, and all legal entities or personal acting by and through Service Provider from any and all liability, claims, demands, actions, and causes of actions of any kind or nature arising out of or related to any loss, damage, or injury, including death, that Client or any user of Service Provider’s Product may sustain resulting from their use or participation in or in any way connected with their use or participation of Service Provider’s Product regardless of whether such loss is caused by the negligence of the Releasees (herein Service Provider) and regardless of whether such liability arises in tort, contract, or otherwise, and covenant not to sue Service Provider based on the same.
LEGALLY BINDING AGREEMENT
CLIENT ACKNOWLEDGES THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which is intended to provide a comprehensive release of liability but is not intended to assert any claims or defenses which are prohibited by law.
INHERENT RISK OF USING PRODUCT AND WAIVER
CLIENT AND ANY AND ALL PRODUCT USERS AND PARTICIPANTS AND/OR LEGAL GUARDIANS understand that participation and use of Product involves an inherent risk of personal injury and even death, and Client and any and all Product Users elect to voluntarily participate and use Product knowing that their use and participations may be hazardous to them and their property. Client and any and all participants and users of Product understand that Service Provider does not require their participation and use of Product. Client and any and all Product user and participants assume full responsibilities of any risks, of loss, property damage, or personal injury, including death, that they may sustain as a result of participating or using Service Provider’s Product. It is Client’s, user’s and/or participant’s express intent that this Contract Releases and binds Client’s, users, and/or participant’s family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf to the extent they act on Client’s, users, and/or participant’s behalf, and is deemed as a release, waiver, discharge, and covenant not to sue Service Provider.
CLIENT AND ANY AND ALL PRODUCT USERS AND PARTICIPANTS AND/OR LEGAL GUARDIANS ARE MADE AWARE OF, AND UNDERSTAND, THE PROVISIONS OF GEORGIA CIVIL CODE SECTION 1542 AND HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS, BENEFITS, AND PROTECTIONS OF THAT STATUTE, WHICH PROVIDES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Cal. Civ. Code §1542.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF GEORGIA, and will be deemed to have been made in, and will be interpreted and the rights and liabilities of the parties determined, in accordance with the laws of Georgia. Client irrevocably agrees to the exclusive jurisdiction of the Atlanta Superior Court in any and all disputes, actions, or proceedings between Service Provider and Client, whether arising under this agreement or under any other agreement or undertaking; and Client irrevocably agrees to service
of process by certified mail, return receipt requested, in any action brought under this agreement. Nothing contained in this agreement will in any manner prevent or preclude Service Provider from bringing any one or more actions against Client in any jurisdiction in the United States or elsewhere.
INITIAL DISPUTE RESOLUTION
Service Provider is available by email to address any concerns Client may have regarding this Agreement. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to the initiation of any adjudicative action or proceeding. Further, both parties agree to conduct meaningful mediation for at least four (4) hours prior to initiation of any adjudicative action or proceeding. Said mediation is to be conducted by a mutually selected mediator. Mediation will be conducted in Fulton County, Georgia. In the event the parties are unable to agree on a mediator, mediation services shall be provided by any mediator/neutral at Signature Resolution in its current or future form. The parties will share the costs of the mediator and mediation equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute within thirty (30) days after it is referred to the mediator.
CLASS ACTION WAIVER.
The parties further agree that any claim, dispute, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
BREACH AND DEFAULT
DEFAULT AND BREACH OF TERMS. If Client defaults on any of the terms, covenants and conditions of the Agreement, or any execution or other writ or process will be issued in any action or proceeding against Client whereby the Product might become or appear to become in danger of being seized, taken, or distrained, or if
proceedings in bankruptcy, receivership, or insolvency will be instituted by or against Client or Client’s property, or if Client enters into any arrangement or composition with Client’s creditors, or in the event that any judgment is obtained against Client or if for any other reason Service Provider deems itself insecure, or the Product in jeopardy, then and in that event, Service Provider will have the option of declaring this Agreement terminated and may, without notice or demand, by process of law or otherwise, take possession of the Product and, for such purpose, may remove the Product, with or without force, and with or without notice of intention to retake the same, without being liable to Client or any third party in any suit or action and Client will hold Service Provider harmless and indemnify Service Provider against any such claims or alleged liability to third parties. Nothing contained in this agreement will be construed to bar or prevent Service Provider, in the event of monies being due it for rental, repair, replacement, or other costs, from suing and receiving the monies due it, and from repossession of the Product, the costs and expenses of which inclusive legal fees, must be borne by Client. Any or all of the foregoing remedies are expressly permitted, consented to, and authorized by Client.
SERVICE PROVIDER’S OPTION TO TERMINATE. Client hereby grants Service Provider the option to terminate this Agreement on 1-hour notice, either by mail, personal notice, phone, or facsimile. On the exercise of such option, Client must immediately return to Service Provider or make available for pickup all Product in the same condition as when first delivered to Client.
The acceptance and return of the Product will not constitute a waiver by Service Provider of any claims that it may have against Client, nor a waiver of claims for latent of patent damage to Product. This Agreement may not be amended or modified except in writing, signed by both parties.
CANCELATION POLICY. If Client intends to cancel Client’s reservation or rental, Client must do so 72 hours prior to the rental period in order to be entitled to a full refund. If Client cancels Client’s reservation or rental 48 hours prior to the rental period, Client will only be entitled to a 50% refund. If Client cancels Client’s reservation or rental on the same day as the rental period, Client will not be entitled to a refund. Client must communicate to Service Provider Client’s desire to cancel Client’s reservation or rental by phone. If Client is unable to reach Service Provider, Client must email Service Provider at firstname.lastname@example.org. Service Provider may cancel any reservation or rental at any time at Service Providers desire without any liability.
OTHER CANCELATION POLICY. In case of rain, precipitation, rainstorm, monsoon, flood, hail, snow, snowfall, blizzard, thunderstorms, gust, excess winds (over 20 miles per hour) tornados, earthquakes and other acts of Acts of God, Client will be refunded Client’s full reservation or rental, even on the same day as the rental period. However, Client must communicate to Service Provider Client’s desire to cancel Client’s reservation or rental by phone prior to 7:00 am, pacific standard time. If Client is unable to reach Service Provider, Client must email Service Provider at email@example.com prior to 7:00 am, pacific standard time in order to be entitled to a full refund. Service Provider may cancel any reservation or rental at any time at Service Providers desire without any liability.
Client acknowledges, promises, covenants, agrees, assures, pledges, declares the following:
a competent adult (over the age of 18) will be present at all times during Client’s, user’s or participant’s use of Product.
that Client will immediately turn off and not use inflatable products if and when winds exceed 20MPH during their rental period.
that at all times during the rental period Client, users, or participants will not use, spray, attach, or otherwise cause any silly string, glitter, paint, shoes, sharp objects, food, gum, drinks, pets, or paint to in any way touch, attach, contact, collide with or otherwise come into contact with Product either directly or indirectly.
that Client, users, or participants playing inside the products will not be unevenly matched (i.e. adult inside with toddler).
that Client, users, or participants will not use Product if they are pregnant, have back pain, or other physical ailments.
that Client, users or participants will not tumble, flip, wrestle, chase, or pile up on each other while on or inside Product.
that Client, users or participants will not use, engage or otherwise play near Product’s entrance and/or
that if anchoring points become loose or are removed, Client will immediately stop the use of Product and will contact Service Provider for further instructions.
that for Products which have slides, Client, users or participants will follow the correct sliding technique and only one Client, user or participant will slide at a time.
that Client will notify Service Provider at the time of reservation of any stairs, staircase, steps, escalators, incline or declines, or any other obstacles that will interfere with Service Provider’s access to rental location.
that Client will notify Service Provider at the time of reservation if the property is a vacation rental property.
WHEN THE POSSESSOR IS AN ENTITY, SUCH AS A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP.
The persons executing this agreement and each Rental Agreement on behalf of such entity warrants that he/ she has full authority of such entity to sign this Agreement and obligate the entity.
The signed Contract and these Terms and Conditions constitute the entire agreement between Service Provider and Client in regard to Product. Any changes must be made in writing and agreed to by both parties.
By selecting the “I Accept” button, Client is signing this Rental Agreement and these Terms and Conditions electronically. Client agrees that Client’s electronic signature is the legal equivalent of Client’s manual signature on this Rental Agreement and these Terms and Conditions. By selecting “I Accept” Client consents to be legally bound by this Rental Agreement and these Terms and Conditions. Client further agrees that Client’s use of a key pad, mouse, or other device to select an item, button, icon or similar act/action or to otherwise provide Service Provider or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes Client’s signature (herein referred to as “E-Signature), acceptance and agreement as if actually signed by Client in writing. Client also agrees that no certification authority or other third party verification is necessary to validate Client’s E-Signature and that the lack of suck certification or third party verification will not in any way affect the enforceability of Client’s E Signature or any resulting contract between Client and Service Provider.
Contract Updated January 11, 2022