Severability
The provider of this rental contract shall be sever able, so that the unenforceability or waiver of the provisions shall not affect the remaining provisions.
Responsibility of Use and Disclaimer of Warranties
You are responsible for the use of rented items. You assume all risks inherent to the operation and use of all rented items, and agree to assume the entire responsibility for the defense of, and to pay, indemnity and hold K&M Bounce and Slide harmless from and hereby release K&M Bounce and Slide from any and all claims for damage to property or bodily injury, including death, resulting from the use, operation or possession of the items, whether or not it be claimed or found that such damage or injury resulted in the whole or part from K&M Bounce and Slide negligence, from the defective conditions of the items OR any other cause. YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.
Indemnification and Defense
Renter agrees that if any legal proceedings are brought against K&M Bounce and Slide to recover compensation for injuries to individuals or damages to personal property occurring in connection with the event, the renter will provide a defense for K&M Bounce and Slide and any of its employees named in such proceedings and will indemnify K&M Bounce and Slide and its employees for any judgement rendered against them.
Hold Harmless Agreement
Renter agrees and assumes all risks, and agrees to hold K&M Bounce and Slide and any of its staff harmless from and against any and all claims, losses, and damage, and all costs and expenses arising directly and indirectly at of or relating to; The delivery, loading, unloading, erection, installation, dismantling, and use of rented equipment. Contact of underground utilities, pipes, or any condition on renter’s property. All necessary surface repairs. Any injury or damage during use of rented equipment including inflatables and interactive.
Insurance
Renter shall maintain, at renter expense liability, property and casualty insurance coverage in amount sufficient enough to fully protect K&M Bounce and Slide and its equipment from any and all claims, loss, or damage of whatever nature or type.
Security Deposit:
Equipment will be reserved upon receipt of signed contract and a deposit of 50% of total charges. Acceptable methods of payments are: Visa, MasterCard, Cash, Church and School Checks are acceptable if approved by a check cashing service.
Credit Card Requirements:
A valid credit card is required to open an account. A signed authorization form must be completed and contain all payment information. Renter shall pay all charges payable under this contract in advance, provided however that all forgoing shall not limit the amount payable by renter hereunder and all additional amounts hereunder shall be paid immediately as such costs are incurred. Renter shall pay all reasonable costs of collection, court, and attorney fees. If rental charges are not paid within ten (10) days of the due date, K&M Bounce and Slide at our discretion may re-calculate rental charges on a daily basis. Renter shall pay in addition to any other amounts payable hereunder, a service charge of 2% per month on all past due accounts.
Final Payment:
Final payment is due ten (10) days prior to event. No orders will be scheduled for delivery until full payment is received. All rental charges are for time out, whether rentals are used or not.
Time of Return
Renter’s right of possession terminates upon the expiration of the rental period set forth on contract. Time is of the essence in this contract. Any extension must be agreed upon in writing. Renter shall return rented items to K&M Bounce and Slide during regular business hours, promptly upon, or prior to expiration of rental period. If renter does not timely return, the charges will apply as set out in clause of Missing and/or Damaged Items.
Missing and/or Damaged Items:
Shortage MUST be reported prior to the event or the invoice quantities will be considered received. Missing or damaged items will be charged to the credit at replacement cost. A detailed invoice of these items will be provided to the client.
Additional Charges:
In addition to other charges and costs provided herein, renter shall pay charges in accordance with company rates then in effect for the following services:
Delivery and/or Pickup
Delivery and/or Pickup from any location to other than street level
Setup of Tables and Chairs
Delivery and/or Pickup after business hours and holidays
Packaging materials not returned.
Delivery and Pickup
K&M Bounce and Slide shall strive to accommodate client delivery request; however, delays, and changes in the schedule are sometimes unavoidable. We try to communicate any scheduling changes as they occur. Orders are typically delivered either day of event or 1 day in advance of your event, while pickup occurs 1-2 days following your event. Deliveries and pickups are made during K&M Bounce and Slide normal business hours at street level, unless otherwise prearranged. Renter shall have all items free of debris, cleaned, and repackaged in original packaging. If pickup is required, renter shall make available to K&M Bounce and Slide for pickup at a mutually agreed and convenient accessible location. Delivery and Pickup shall be at the convenience of, and at the time designated by K&M Bounce and Slide. Renter agrees to pay a service charge for each extra delivery or pickup call required by K&M Bounce and Slide.
Equipment Failure
You agree to immediately discontinue the use of rented items should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify K&M Bounce and Slide of the facts. K&M Bounce and Slide agrees at our discretion to make the items operable within a reasonable time, or provide a like item if available, or make like item available at another time, or adjust rental charges. The provision does not relieve renter from obligations of contract. In all events K&M Bounce and Slide shall not be responsible for injury, damage, personal loss or death resulting from failure or defect of rented items.
Equipment / Items Responsibility
Renter is responsible for all items from the time of possession to the time of return. Renter assumes the entire risk of loss, regardless of cause. If items are lost, stolen, damaged, renter will assume all costs of replacement or repair, including all labor costs.
Use of Equipment
Renter agrees and covenants’ to be satisfied with the instruction and condition of equipment rented and of the proper and safe use of equipment, or that the renter is so familiar and conveyed to K&M Bounce and Slide that you were. Renter further agrees that the items will be used only at the address listed on the contract and/or invoice, and only for the purpose for which it was intended and manufactured. Subleasing or improper use is prohibited. Renter agrees that they have read all operating instructions and warnings related to all rented items. Renter has been given full and ample opportunity to inspect all rented items and find no damage. As a result, misuse or improper operation of equipment which results in any injury, damage, personal loss or death as a result of renter and/or renter’s guests misuse, or negligence is not the responsibility of K&M Bounce and Slide.
Care of Equipment / Items
In addition to its other obligations hereunder; Renter shall: Pay all reasonable cleaning charge for items returned dirty. Protect the rented items from wind and water hazards such as inclement weather, outdoor sprinklers, pools, pets, or wet or damp surfaces, breakage, unauthorized or improper use, theft or loss while in the possession of you the renter. You will be charged up to full replacement cost for any damaged or missing items.
Permits and Licenses
Renter agrees prior to any installation of rented equipment, including tents, to obtain at renter’s expense, any and all necessary permits and licenses and other consents.
Prices and terms are subject to change without notice.
I have read and understand the terms and conditions of this agreement.
PRINT AND SIGN RENTAL AGREEMENT
