RENTAL AGREEMENT – TERMS AND CONDITIONS

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Section 1: Release of Liability and Assumption of Risk
In consideration of the services of Jami Kay LLC dba Inflatabilities (Inflatabilities, Lessor), its employees and agents, Lessee (I) agree to release, hold harmless and indemnify Inflatabilities, on behalf of myself and my family members, partners, heirs and assigns as follows:
1. I accept and assume all the risks of participation in the activities rented from Inflatabilities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks.
2. I release and agree to indemnify and hold harmless Lessor from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney’s fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. However, I do not release any claims related to intentional or reckless acts by Inflatabilities.
3. I release and hold harmless Lessor from injuries or damages incurred as a result of the use of said equipment unless Lessor is operating the equipment and is deemed by a court of law to be negligent in its actions.  Lessor 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.  I also agree to indemnify and hold harmless Lessor from any loss, damage, theft, or destruction of the equipment during the term of this contract and any extension thereof.
4. By signing this contract, lessee agrees to forego seeking any consequential damages in the event of an injury, damage or loss due to lessor’s negligence.
5. Lessor makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by lessee from lessor.  By signing this contract, lessee agrees that any warranty of merchantability or fitness for a particular purpose are hereby disclaimed.
6. By signing this contract, lessee agrees that no expressed warranty as to the condition or performance of any equipment and/or property leased by lessee is hereby disclaimed.  Lessee understands that the only warranties pertaining to the condition or pertaining of said equipment and/or property is that which is stated on the instruction manual for said equipment and/or property.
7. This signed agreement in conjunction with the signed instruction manual and reservation form contains the entire agreement between the lessor and the lessee.  No amendment, whether from previous or subsequent negotiations between the lessee and the lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract.  The invalidity of unenforceability of any particular provision of this agreement shall not affect the other provisions hereof.
8. 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.

Section 2: Payment
1. Deposits – Deposits are only required on invoices of $500.00 or greater and will be charged at a rate of 30% of total invoice. On those invoices, the full deposit amount must be paid before we will lock-in your requested date and items.
2. Any remaining invoice balance must be paid for upon arrival for set-up unless prior arrangements have been made with Inflatabilities. If full payment for lessor’s services is not received upon arrival for set-up the lessor is under no obligation to provide services, and may deny service. In the event that this is the case, the lessee is still responsible for full payment of invoice and will be billed accordingly.
3. Acceptable payment for lessor’s services includes United States currency, check, and credit card. The lessor will not and is under no obligation to accept any other form of payment for services.
4. If paying with cash at set-up time, please provide exact change as the delivery drivers do not carry change and are not allowed to make change.

Section 3: Setup Location and Preparation
1. The property subject to this lease agreement is to be delivered and erected on the premises furnished by the lessee at the delivery address provided on the invoice.
2. The set-up location must be clear of all debris (sticks, rocks, animal waste, toys, vehicles, etc.), structures, or other impediments before erection and at the time of dismantling. (see additional fee #4)
3. Set-up location is to be determined by the lessee prior to lessor arrival. Lessee is responsible for determining the proper size of location and overhead clearance as well as flagging all underground pipes and wiring (1-800-DIG-RITE will help provide this service at no charge to you, please give six days notice for this service). The lessee authorizes a set-up location, and it is his/her responsibility to repair any cracked/broken pipes or wires in that authorized location from the use of stakes or other equipment used.

Section 4: Property Damage + Personal Injury
1. Lessor shall not be liable for any injuries or damages caused by fire [from any cause], rain, hail, sleet, snow, storm, high winds, tornadoes, floods, or other disturbances of nature or by any malfunction of the inflatable(s) and rental equipment by reason thereof, to any persons, materials or property while in, near, or about the inflatable(s) and/or rental equipment.
2. Lessor shall not be liable, in any manner, for injuries or damages caused to persons or things coming into contact with ropes, stakes, weights or other supports used in the operation of any inflatable(s) and/or rental equipment.
3. Lessor shall not be liable, in any manner, for any injuries or damages caused to persons, property, materials, stock or other things or articles whatsoever while any persons, things or articles are in, under, or about the property.
4. All damages (including full or partial destruction) to lessor’s inflatable(s) and/or rental equipment subject to this lease due solely to the negligence of the lessee or lessee’s agents shall result in the lessee becoming liable for all damages suffered thereby.
5. In the event that the inflatable(s) and/or rental equipment becomes inoperable or is damaged in any manner whatsoever due to disturbances of nature (including but not limited to: storms, lightning, wildfire, hail, rain, excessive winds, etc.) or by manner of negligence (including, but not limited to: not following safety instructions, not providing qualified attendant, etc.) the rental payment as indicated in the appropriate invoice shall nevertheless remain due and payable. The cost of re-setting-up the inflatable(s) and/or rental equipment at another designated time shall be borne, in full, by lessee.
6. Lessor agrees that damage to the inflatable(s) and rental equipment (as described in the invoice) caused by rain, hail, sleet, snow, storm, tornado, high winds, fire caused by lightning or other disturbances of nature shall be borne in full by lessor. Lessee agrees to notify lessor immediately following the occurrence of any naturally borne damage to lessor’s property.
7. Lessee understands that all inflatables and some other rented equipment use electricity to operate (check with Inflatabilities for exact needs for each item). For each blower (some units need multiple blowers) or rental item that needs electricity, one standard 110/120v, 20 amp outlet on a dedicated circuit is required. Lessee also understands the dangers involved when dealing with electricity and the dangers involved with running that electricity to the setup site with extension cords. Lessee agrees that they will assume this risk and not hold Inflatabilities liable for any damage or injury as a result of either the use of electricity or the setup of the electrical cords.

Section 5: Permits and Insurance:
1. If governmental permits are required for the set-up of inflatable(s) or other rental equipment, the lessee shall furnish these at his/her expense. It is not the lessor’s responsibility to provide permits or any information about them or to notify lessee that a permit may or may not be required.
2. The lessor shall furnish an electronic copy of proof of insurance to the lessee at no additional charge. Requests for said electronic copy must be made 72 hours in advance of reserved rental time. Lessor is not responsible to provide proof of insurance to any other parties except lessee.

Section 6: Lessee Requirements During Rental Period
1. It is agreed that the lessee will provide competent attendant(s) defined as: trained person(s) age 18 or above, that are not under the influence of any substance (drugs and/or alcohol); on the rental set-up premises to prevent fire, theft, or other depredations to the inflatable(s) or rental equipment and to monitor and enforce safety instructions for each piece of equipment, from the first day of set-up until the lessor’s property is removed.
2. The lessee must follow all safety parameters as instructed by the lessor upon set-up of rental items. Lessor is not responsible for any personal injury or damage to lessee’s property if safety parameters are violated. Additionally, lessee is fully responsible for all damages to lessor’s property that occurs as a direct or indirect result of violating safety parameters.
3. If any of the following incidents occurs during the lessee’s rental period, the lessee agrees to contact the lessor or lessor’s agents immediately: 1) A malfunction, error, or damage with the inflatable(s) or rental equipment. 2) An injury of any manner. 3) Inclement weather begins to affect event/set-up location.
4. In the event of injury, damage or loss due to lessor’s negligence, lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss.
5. The lessee agrees that any cooking/grilling, open flame, and so forth will occur no closer than 30ft. from any inflatable(s) and/or rental equipment.

Section 7: Additional Fees
1. In the event it is necessary for lessor to employ an attorney to recover rented equipment, collect rental fees and/or damage/cleaning fees, the lessee shall pay all costs that occur (this includes attorney and all legal/court fees).
2. If equipment is damaged, destroyed, lost or stolen for any reason other than natural causes (listed above) while in the possession of the lessee (the time between rental drop off and pick up), then lessee agrees to pay for either repair or replacement of the that equipment at current repair or replacement rates.
3. Equipment must be returned clean. Tables and chairs wiped down. Inflatable(s) must be, upon pick-up, reasonably clean. If the lessor or lessor’s agents must, upon pick-up, spend more than 5 minutes cleaning, then a cleaning fee will apply to any unclean inflatable(s) and/or rental equipment. Cleaning fee assessed will be between $50.00 and $200.00.
4. The lessor will charge an additional fee of $50.00 for any check that bounces or is denied.
5. If lessor’s installers are required to wait more than 10 minutes for lessee to prepare event site at time of delivery or pickup, then an additional $50.00-$200 fee will be assessed.
6. Cancellation Fee: see cancellation policy below.

Section 8: Cancellation Policy
Weather-related cancellations:
All weather-related cancellation decisions will be based on the data found at www.weather.gov.

"We" (Inflatabilities) reserve the right to cancel any event if the weather is deemed unsafe for both participants and/or equipment. We will typically cancel an event if the following weather or forecasts are observed the morning of your event:

Weather Element Parameter:

  • Wind Forecasted at 20mph+ (Constant or Gusts) @ time of event
  • Rain/Snow/Ice Observed
  • Lightning Observed
  • Temperature Forecasted below 40 Degrees (outdoor events) @ time of event

If we need to cancel your event due to weather:
• Customers with no deposit – No charge
• Customers with a deposit – 100% of your deposit is credited towards your account and may be used for a reschedule* or a different event*.

"You" (customer) reserve the right to cancel the event within 24 hours of its scheduled start time if the following weather conditions are predicted by www.weather.gov to be present in your zip code during the scheduled time of the event.

Weather Element Parameter:

  • Wind Forecasted at 20mph+ (Constant or Gusts)
  • Rain/Snow/Ice 51% or higher chance
  • Lightning Forecasted Storm
  • Temperature Forecasted Below 40 Degrees

If “YOU” (customer) have an approved weather-related reason to cancel:
• Customers with no deposit – No charge
• Customers with a deposit – 100% of your deposit is credited towards your account and may be used for a reschedule* or a different event*.


Circumstantial related cancellations:
You may cancel your event for any other reason than weather if you do so at least 2 weeks (14 days) in advance:
• Customers with no deposit – No charge
• Customers with a deposit – 100% of your deposit is credited towards your account and may be used for a reschedule* or a different event*.

If you cancel less than 2 weeks (14 days) ahead of your scheduled event:
• Customers with no deposit: You will be charged 30% of your total invoice as a cancellation fee.
• Customers with a deposit: You will forfeit your deposit and may not apply it to a re-schedule or any other event.

*Subject to Availability - Within a 12 month time-frame from your originally scheduled event.