RENTAL CONTRACT AND RELEASE OF LIABILITY
Waiver, Release, Hold Harmless & Indemnification Agreement (Acknowledgment of Risk)
EQUIPMENT, RENT AND TERMS OF RENTAL AGREEMENT: The undersigned, as Lessee, hires Bliss Bubble House LLC as Lessor, Bubble House, Bounce House and Inflatable activity center rental equipment. Rental fee is due before set-up at the location listed above.
IDENTITY OF PARTIES: For the purpose of this Rental Contract and Release of Liability, “Lessor” or “Bliss Bubble House” shall mean “Bliss Bubble House LLC”, its owners, officers, directors, shareholders, employees, contractors, agents; “Lessee” shall mean the person(s) or company listed in the “Lessee Name” as well as the person signing the agreement.
ASSUMPTION OF RISK: Lessee understands and acknowledges that the activity to be engaged with the rental of an inflatable unit/ interactive amusement device, brings with both known and unanticipated risks to themselves and/or guests and/or participants. Those risks include but are not limited to falling, slipping, crashing, and colliding, and could result in injury, illness, emotional distress, death, or property damage to myself and my guests and/or participants.
HARMLESS PROVISIONS: Lessee agrees to indemnify and hold Bliss Bubble House LLC harmless from any and all claims, actions, suits, proceeding costs, expenses, damages, and liabilities, including reasonable attorney fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of equipment including the manufacture, selection, delivery, possession, use, operation, or return of equipment.
Lessee hereby releases and holds Bliss Bubble House LLC harmless from injuries or damages incurred as a result of the use of said equipment in this contract. Bliss Bubble House LLC cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold Bliss Bubble House LLC harmless from any loss, damage, theft, or destruction of the equipment during the term of the contract and any extension thereof.
DUTY TO MITIGATE: In the event of injury, damage or loss due to Bliss Bubble House LLC’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss. Lessee agrees that Bliss Bubble House’s liability with respect to this agreement, including liability from Bliss Bubble House or any third party's negligence, or that arises as a result of any strict or absolute liability, shall not exceed the total rental charges paid by the Lessee under this agreement. In any action brought by Lessee against Bliss Bubble House LLC in any manner related to or arising out of this agreement or relating to the bouncer or its use, the parties hereby knowingly, voluntarily, and intentionally waive any right they may have to a trial by jury.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: By signing this contract, the Lessee agrees to forego seeking any consequential damages in the event of any injury, damage, or loss due to Bliss Bubble House LLC’s negligence.
MERGER CLAUSE: This rental agreement constitutes the full agreement between Bliss Bubble House LLC and Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and Bliss Bubble House LLC, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof.
DELIVERY: To the street address specified above by Lessee. Lessee grants Bliss Bubble House LLC the right to enter the property at the above address for the delivery and subsequent pickup of the unit(s) at the specified time. If Bliss Bubble House LLC is not granted access to property at pickup time, Lessee will be charged with an additional day rental.
Rentals can be set up outdoor/indoor on level surfaces such as grass, turf, concrete, asphalt, cement, pavers and sports courts. Setup will NOT be permitted on gravel/rocks, on/near dirt or uneven surfaces.
Rentals that are setup on hard surfaces, such as concrete or asphalt, must be closely monitored to prevent their moving. If the equipment moves off the provided tarp, damage or staining may occur on the underneath of the unit, which could result in damage/cleaning/loss fees.
Before delivery, the Lessee will guarantee adequate level space for and around the inflatable, that there are no obstructions (i.e. sharp objects, fences, etc.) and that the lawn is cut and free of pet waste. Please measure if there is a gate to make sure we can wheel the inflatables in without damaging the gate or equipment. Lessee agrees to turn off automatic sprinklers (if applicable).
Path to space for rented inflatable must be clear and safely accessible by dolly. If path poses a hazard to employee safety, Bliss Bubble House LLC reserves the right not to perform engagement when, in Bliss Bubble House LLC’s judgement, path way is unsafe for staff or equipment. Lessee will be offered a credit for future event or refund. Any refund or credit will be less delivery fee, set-up fee, and staffing fee.
RENTAL UNIT DAMAGES, NEGLIGENCE OR ABUSE: If the Lessee chooses to deflate the equipment prior to the arrival of the pick-up attendant, it must be re-inflated before it is packed up. The unit will be inspected and receive a preliminary cleaning before removal.
ABSOLUTELY NO STICKY SUBSTANCES ARE ALLOWED IN OR AROUND THE UNIT. This includes gum, candy, Silly String, slime, play dough, or any food or drink items. If, upon pick up, cleaning of above substances is required, a cleaning/damage fee shall be automatically imposed (see fees below).
DO NOT MOVE THE UNIT from the place where it is installed. If the unit moves, pull the corner back to its original location of installation. CAUTION: Keep the unit away from swimming pools or any machinery that can generate heat. If you request a unit to be moved after set up there will be an additional fee.
NO ALTERATIONS OR ATTACHMENTS (i.e. balloon garlands, adhesives, stickers, decals, etc.) to the unit without prior written approval of the Bliss Bubble House LLC.
Lessee agrees to be responsible for any damage to Bliss Bubble House LLC rental equipment, if damage is incurred while the equipment is in the possession of the lessee.
Damage fees vary but ranges are estimated below:
$100-300 (cleaning) ; $400-600 (damage) ; $2000-3000 if the unit is not repairable or stolen (loss) ;
$75 - $300 lost or damaged accessories and equipment included in rental.
PAYMENT AND CANCELLATION: Full payment is due no later than fourteen (14) days prior to the date of the event. Rental fee and add-on minus the $200 deposit and credit card processing fee is refundable, if lessee sends written notification of cancelation at least seven (7) days prior to the date of the event. Written notification includes email or text message to Bliss Bubble House LLC. Cancellations after this time will not be subject to a refund and will result in a credit for the lessee to use for a future date within one calendar year from the date of original booking. Once the inflatables are erected and set-up, no refunds are available.
WEATHER POLICY: Bliss Bubble House LLC reserves the right not to perform outdoor engagement when, in Bliss Bubble House LLC’s judgment, weather conditions would be detrimental to the equipment and/or poses safety concerns to the lessee and participants. This includes but is not limited to extreme heat, wind, rain, or mud. A suitable indoor location should be reserved as an alternative site in the event of poor weather conditions.
If weather is questionable, Bliss Bubble House will contact the lessee prior to delivery. In the event of cancellation due to weather, deposit/payment, minus payment processing fees is refundable. Lessee can elect to reschedule rental to a future date within one calendar year from the date of original book at no additional charge.
RULES AND SUPERVISION: Participants must be supervised by an adult at ALL times during the rental and use of inflatable equipment. Lessee assumes responsibility for all participants and agrees to review and enforce all rules before using the inflatable unit. The lessee assumes the role of operator and agrees to supervise both the equipment and its use at all times while the inflatable is in possession of the Lessee. Safety rules and code of conduct which applies to the use of any and all Bliss Bubble House rental units which the Lessee agrees to follow and utilize at all times during the operation and use of the inflatable unit. Lessee is responsible for enforcing the rules posted in front of the inflatable unit as well as those provided in this contract.
If the inflatable has balloons inside the unit and/or attached to the unit, it is the lessee’s responsibility to ensure that children are supervised at all times and that participants are not putting balloons in their mouths. The Lessee must also ensure that popped/uninflated balloons are collected and disposed of immediately.
The Lessee is responsible for ensuring that all participators in the inflatable are of a compatible age and that the size and number of persons entering the inflatable does not exceed the manufacturer maximum occupancy:
Bubble House: 4-5 children maximum; 3-4 guests maximum
Bounce House: 4-5 children maximum; 3-4 guests maximum
Obstacle Course: 2 children maximum at a time at starting point. Proper spacing between guests to keep proper spacing
IMPORTANT: DO NOT let children play in/on the inflatable without supervision. Adult supervision is necessary at all times to enforce the rules for safe operation and use of the inflatable.
NO shoes; socks required.
All persons must remove shoes, glasses, jewelry, belts, sharp objects, etc.
NO flips or somersaults, no tipping, etc.
NO rough-housing or horseplay in/or around the unit including but not limited to pushing, shoving, fighting, colliding, or behaving in any manner that is likely to injure or cause harm/distress to others.
NO climbing, hanging, standing or pulling on sides, tops, or backs of the unit.
NO crawling under the bottom or edge of the unit.
NO taping, fastening or hanging anything to or on the inflatable unit. Severe injury can occur.
NO FOOD, DRINKS, CANDY, ANIMALS, SHOES, or SHARP OBJECTS are allowed in the inflatable at any time. This could result in cleaning/damage/repair/loss costs.
NO SILLY STRING, FACE PAINTS, PARTY POPPERS, CONFETTI, COLORED STREAMERS, SLIME, ARTS AND CRAFTS to be used either on or near the inflatable. (Please note: these products will cause damage to the inflatable that cannot be repaired).
NO smoking or BBQs on or near the inflatable.
Children must NOT put balloons in their mouths; /uninflated balloons must be disposed of immediately.
Check personal pockets before entering the unit to ensure nothing will fall out during use and secure hair that is longer than shoulder length.
In the event that the blower stops working, please ensure that all users get off the inflatable immediately and calmly. Check the fuses, check the blower tube or deflation tube to make sure it has not come undone, and/or check that something has not blown onto the blower obstructing the air. In the event that the blower overheats or loses power, switch the blower off at the mains, then switch it back on again 1-2 minutes later, and it should restart. If it does not, inform us immediately.
RELEASE AND WAIVER OF LIABILITY:
I fully understand and acknowledge that my participation in such activities and/or use of an inflatable amusement device and/or equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, heat stroke, heart attack, death or other ailments that could cause serious disability;
I fully understand and acknowledge, for myself, my heirs and/or assigns, that by participating in the use of this inflatable amusement device and/or equipment, I am stating that I do not have any physical and/or mental condition, which would affect my ability to participate in this bouncer and/or equipment, including but not limited to the following: back problems, heart conditions, pregnancy, epilepsy, motion sickness;
I knowingly understand this inflatable amusement device and/or equipment, and any others provided, can be physically intense and usually results in the participant falling;
I understand the rules of play and will comply with all rules and regulations. If I observe any unusual or unnecessary hazard during my participation, I will stop the hazard immediately;
I acknowledge and represent that I have adequate homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to myself, my guests or invitees from the use of the unit being rented or else I agree to bear the cost of defense and liability of any such injury or damage itself.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless from liability Bliss Bubble House LLC suppliers/vendors/contractors. Renter's hosting organization(s), their officers, officials, agents and/or employees with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by the negligence of Bliss Bubble House LLC. its officers, officials, agents and/or employees and/or any of its affiliates identified herein or otherwise; and I understand and agree that this Release of Liability Agreement covers each and every bouncer and/or equipment, in which I participate hereafter.
I have read the forgoing RELEASE AND WAIVER OF LIABILITY AGREEMENT, and my signature below expressly acknowledges that I fully understand and agree to the terms contained in the forgoing RELEASE AND WAIVER OF LIABILITY AGREEMENT, and I understand that I have given up substantial rights by signing this document. As such, I hereby sign this RELEASE AND WAIVER OF LIABILITY AGREEMENT freely and voluntarily and without any inducement or duress.