To reserve any date and/or inflatable, a deposit of $50 must be made along with a signed contract. Unsigned contracts without a deposit are not valid. In case of cancellation, deposits will be refunded if notice is given 5 or more days prior to the event. If cancellation notice is made between 5 days prior to the delivery date and the day before the event before 9am, then the deposit will be held as a raincheck.
Third Party Services or Mechanical Rides require a 50% Non-Refundable deposit.
Events over the subtotal of $800 will require a 25% deposit.
Contract and Terms
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.
Delivery Policy
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 without refund. Inflatables and other large item setups require direct access to setup location, using a wheeled dolly, with a minimum five (5) 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 5-foot wide clearance. Setup location must be accessible without the use of stairs. If there are stairs that are disclosed on the setup detail form, photos must be sent of the stairs at a maximum of two (2) days after booking. The Bounce House Atlanta team will then evaluate if they will be able to deliver using the stairs and will charge extra fees up to $300. 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 $40 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 with no refunds. 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.
If Bounce House Atlanta is not given the 3-hour delivery window as required, Bounce House Atlanta cannot promise a on-time setup. Extra fees will apply if less than a three-hour delivery window is provided.
The CLIENT is responsible for providing power within 50ft of the inflatable (there are some cases more outlets will be needed dependent on type of inflatable). If power is not within 50ft of the inflatable, the CLIENT is REQUIRED to rent a generator from Bounce House Atlanta or provide their own pulling at least 9000W. If the renter does not add a generator onto the invoice and Bounce House Atlanta has to return to the warehouse to retrieve one, an additional cost of $350 plus labor and gas costs will be automatically drafted with the card on file. Should the Client decline, Bounce House Atlanta will not provide service and will not issue any refunds.
Cancellation/Refund Policy + Remaining Balances
This contract, after signing, is a legal and binding contract. To cancel or reschedule, sufficient notice must be given – the day before your event by 8am. Cancellation after sufficient notice 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. Any cancellations made within 5 days of your event will lead to a loss of your deposit which may be used as a credit for a future event. Any cancellations 6 or more days in advance may be eligible for a refund.
ANY PAYMENTS INCLUDING FULL PAYMENTS OR DEPOSITS FOR EVENT ATTENDANTS, FACE PAINTERS, BALLOON ARTISTS, CAKE, CUPCAKE, COOKIES, CHARACTERS, TENTS/TABLES/CHAIRS, OR MAGICIANS ARE NON-REFUNDABLE and MUST be fully paid if only deposit was put down.
Bounce House Atlanta will deliver RAIN OR SHINE! Please make sure to let us know of any cancellations before the cutoff of the day before by 9am in order to retain your deposit as a raincheck, if applicable.
REMAINING BALANCES are due the day before your event by 9am. If our staff does not see the remaining balance has been paid the day before your event by 9am, we will automatically run the card on file. It is the clients responsibility to pay remaining balance in given timeframe. Failure to do so may result in cancellation of your event without refunds of any and all payments made. All Credit Card payments are subject to a 3.5% processing fee. The card on file will be noted as a default payment method unless notified otherwise.
NET30 Terms, late Payment, Returned Check Fees
In the event that an order is approved under Net 30 payment terms, the Renter agrees to remit full payment within 30 days of the invoice date. Failure to make payment within this 30-day period will result in a late fee of $100 per day for each day the payment is overdue. If any payment made by check is returned due to non-sufficient funds (NSF), the Renter will be charged a $[insert amount] returned check fee. The Renter is also responsible for all additional bank charges, as well as any attorney fees incurred by the Lessor in connection with the returned check and the recovery of the outstanding balance. Additionally, should it become necessary to pursue legal action to recover unpaid amounts, including returned check fees, the Renter agrees to cover all reasonable legal fees and associated costs incurred by the Lessor.
Cleaning Policy / Fees
No food, drinks, silly string, gum, candy etc is allowed in or on the inflatable. At pickup, the driver will do a quick analysis of the unit to ensure none of the mentioned violations occurred to the unit. When cleaning the inflatable after your event, we clean the seams and every other inch of the inflatable. If there is any food, drinks, silly string, gum, or candy, there will be a $150 CLEANING FEE automatically drafted from the card on file.
PET WASTE MUST BE REMOVED PRIOR TO OUR ARRIVAL. If we encounter pet waste, we will ask you to remove it. If not removed, there will be an additional service and cleaning fee.
UNDER NO CIRCUMSTANCES is soap permitted on any inflatables. Not only is this a safety risk but it can also DAMAGE the inflatable which is INTENTIONAL. Repair fees are to the expense of the client.
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.
CLIENT IS RESPONSIBLE FOR DISCLOSING AND CLEARLY MARKING ANY UNDERGROUND WATER LINES PRIOR TO OUR ARRIVAL. Bounce House Atlanta will not be held liable for any damage or repair costs resulting from undisclosed or improperly marked water lines. If the client’s setup detail form fails to disclose underground irrigation, and a water line is damaged during installation, all repair costs will be the sole responsibility of the client.
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. Soap on the inflatables are considered damages and are at the expense of the client.
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 IF EVENT ENDS EARLIER THAN SIGNIFIED END TIME PER THIS CONTRACT. After Client concludes Client’s event before designated end time, Client must immediately notify Service Provider so Service Provider may arrange for an immediate pickup to which may be billed an extra 10% for rescheduling.
INSURANCE REQUIREMENTS
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.
RELEASE
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.
GOVERNING LAW
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.
DISPUTE RESOLUTION
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.
MEDIATION AGREEMENT.
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.
TERMINATION
SERVICE PROVIDER’S OPTION TO TERMINATE. Client hereby grants Service Provider the option to terminate this Agreement on 24-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.
ANY PAYMENTS INCLUDING FULL PAYMENTS OR DEPOSITS FOR EVENT ATTENDANTS, FACE PAINTERS, BALLOON ARTISTS, CAKE, CUPCAKE, COOKIES, CHARACTERS, OR MAGICIANS ARE NON-REFUNDABLE and MUST be fully paid if only deposit was put down.
CLIENT CHECKLIST
Client acknowledges, promises, covenants, agrees, assures, pledges, declares the following:
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.
ENTIRE AGREEMENT.
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.
ELECTRONIC SIGNATURE.
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.
