TERMS AND CONDITIONS

Terms and Conditions

In consideration of renting certain Equipment described on the invoice page of this Rental Agreement, the parties agree to the following terms and conditions:

(A) Definitions:

For the purposes of this Rental Agreement, the Company, shall mean "Monster Bouncy Houses LLC", its owners, officers, directors, shareholders, employees, contractors, volunteers, and agents; "Customer" shall mean the person(s) or company listed in the "rented to" box on the invoice page of this agreement, as well as the person signing the agreement (if different), and their agents, participants, guests, and/or employees.

(B) Payment and Term of Rental Agreement:

The rental fee set forth is payable in full, in advance. The rental term shall be that listed on the invoice page of this Agreement, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from the actual delivery to the actual pick up of the Equipment by The Company. Customer agrees that by accepting delivery of the Equipment, the Company has completed its obligation, and that the Customer shall not be entitled to any refund if Customer elects not to use the Equipment due to weather or any other cause.

Customer acknowledges receipt of all the items listed in this Rental Agreement, and that they are in good working condition. Customer hires the rental Equipment on an "as is" basis. Customer acknowledges receipt of Equipment, that they have inspected the Equipment and its installation prior to its use, and certifies that they will abide by the operating/safety instructions. Should Equipment fail to function correctly at any time, the Customer agrees to cause all users to immediately cease use of that Equipment and contact Company immediately.

(D) Possession/Title:

Customers right to possession of the rental Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by the Company. Title to the Equipment is and shall remain in the Company. Retention of possession, or any failure to permit the pick up of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to The Company the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by The Company. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of The Company delivery of the items, until The Company picks up such items. Customer shall not cause nor permit these items to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, The Company may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend, and hold The Company harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from delivery site, Customer shall notify the Company immediately.

(E) Care of Rental Equipment:

Remove all shoes and sharp objects from clothing upon entering the inflatable. Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to The Company for any and all negligent damage, which is not "ordinary wear and tear", including but not limited to the application of paint, tape, permanent marker, "Silly String", reactive chemicals, cutting, burning, or tearing of vinyl or netting, damage due to overturning, overloading, exceeding the maximum capacities, breakage, improper use, unauthorized placement of inflatable, or the unauthorized application of water to any devices not specifically authorized by The Company. Negligent damage to inflatable units will result in a Repair Fee ranging from a minimum of $100 up to the cost of replacing the unit if damaged beyond repair, lost, or stolen. Negligent damage is not covered under the Damage Deposit.

Negligent damage to any non inflatable item rented to Customer will result in a fee equal to the cost of the item. The damaged pieces of any item will remain in full ownership of Company even after the replacement fee is paid by Customer.

Customer takes full responsibility for lost or stolen items rented to Customer, which will result in a fee equal to the cost of the item lost or stolen.

If these costs are not paid in full by the 5th business day after such incident, Company reserves the right to seek legal action and file a civil claim against Customer. Any legal costs associated will also be added to any damages sought after.

Equipment must be returned to the Company in the same clean condition it was received. Dirty Equipment contaminated by non approved items such as inert chemicals, food, drinks, mud, or clay, or units which can get wet, but have not been drained will result in a Reconditioning Fee of $100 charged for restoring Equipment.

(F) Waiver and Release of Liability:

The Customer understands and acknowledges that play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. In consideration of being permitted by the Company to use its equipment, the Customer hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless the Company from any and all liability, claims, demands, causes or rights of action whether personal or to a third party, which are in any way connected with participation with any rental with this unit (bouncy house/ combo unit/ water silde/ bubble suits), including those allegedly attributable to negligent acts or omissions. Should the Company or anyone acting on behalf of the Company be required to incur attorney's fees and costs to enforce this agreement, the Customer expressly agrees to indemnify and hold The Company harmless for all such fees and costs. In the event the Customer files a lawsuit against The Company, it is agreed to do so solely in the State of Florida.

Customer acknowledges that Customer has the adequate homeowner’s insurance, tenant insurance or other liability insurance to cover any bodily injury which might occur to the Customer, their guests, or the Customer’s invites from the use of the equipment the Customer is renting and the customer agrees to bear the cost of such injuries themself.

The customer understands that they must have an adult attendant supervise both the equipment and its use at all times while equipment is in their possession. Customer understands that no Company operator has been left with the unit and is solely their responsibility for the correct and safe operation of this equipment.

(G) Delivery & Pick Up:

There must be a clear path to where the unit (Bouncy house/ combo unit/ slide) will be set up. If there is not a clear path, driver will not set up the unit. Driver will not move any items blocking the path. Person the unit must move all items blocking path or delivery will be cancelled. The Company shall deliver the Rental Equipment to the address specified by Customer as listed on the invoice page of this Agreement. Customer grants to The Company true right to enter the property at the address specified by Customer for delivery and required set up, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times. Delivery and pick-up times are estimates. Delivery crews may arrive up to (3) three hours before the scheduled start time, and pick up crews may arrive up to (3) hours after the scheduled end time. Customer agrees to prepare the delivery site by removing all rocks, sticks, and animal droppings. Customer also agrees that an adult will be at the delivery site at the agreed time to accept delivery. In the event Company attempts a delivery and the Customer is not available, Company will attempt to contact the Customer by telephone. If Company is not able to begin setup within ten (10) minutes of arrival at the delivery site, the delivery will be considered abandoned, and the delivery crew will continue to the next delivery. Customer may then contact the Company to arrange an agreeable redelivery time for a non-refundable $25 delivery fee. If redelivery is not possible, monies will be refunded according to Company Cancellation Policy.

(H) Cancellation Policy:

During our assessment of the rental area prior to the day of service, The Company reserves the right cancel an order at any time, for any reason, including but not limited to: a location that is unsafe or inaccessible due to doors, gates, slopes or steps; or if there is reason to believe that the Equipment and or its users may be in danger. If the area selected for an inflatable is deemed unsafe, you will automatically receive a full refund of the deposit fee.

If Customer cancels service before final payment is made, Customer will receive a credit which is valid up to 1 year after the issue date of the deposit invoice, equal to the deposit fee paid to The Company.

If Customer cancels service after final payment is made, Customer will receive a refund of the final payment and a credit which is valid up to 1 year after the issue date of the deposit invoice, equal to the amount of the deposit fee paid to The Company.

If final payment is not made by 8 PM, one night before the day of service, Customer loses their deposit and may not use it as a credit to reschedule.

On the day of service, The Company reserves the right cancel an order at any time, for any reason, including but not limited to: severe weather conditions; a location that is unsafe or inaccessible due to doors, gates, slopes or steps; or if there is reason to believe that the Equipment and or its users may be in danger. If the Company cancels an order, damages will be limited to a full refund of the final payment and the Customer receives credit equal to the deposit fee which is valid up to 1 year after the issue date of the deposit invoice. In the event Equipment is delivered after the event start time specified on the contract, the Customer shall have the option to cancel the order and receive a full refund for the amount paid. If the Customer chooses to receive the order, they agree that no further discounts or refunds will be given.

(I) Limited Warranty:

The Company warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. All equipment is supplied and maintained subject solely to this warranty. The Company's sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when the Company determines that it does not conform to this warranty. The Company makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is free of latent defects. The Company shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. The Company shall not be responsible for any defect or failure unknown to The Company at the time of delivery.

(J) Compliance with Laws:

Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, parish, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any all permits and/or licenses from the appropriate government agencies prior to use. The Customer is responsible to mark all sprinkler lines and call safe to dig if required by law. The Company will not be liable for damage to underground sprinklers or utility lines.

(K) Legal Fees:

If an attorney is retained to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.

(L) Severability:

If any of the terms or conditions of this Agreement is found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.

(M) Entire Agreement:

This Agreement constitutes the full agreement between The Company and Customer. Any other agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions herein.

(N) Areas We Cover:

The Company only serves the following Florida counties: Palm Beach County, Broward County, and Miami-Dade County.

(O) Safety/Operating Instructions:

In addition to the information set forth in this agreement, the customer acknowledges that there are safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer understands that the Company does not provide any operators with this rented equipment unless specifically hired, and that Customer is solely responsible for the correct and safe operation of this equipment. Customer WILL NOT move any piece of equipment after it has been staked down or secured with adequate sandbags. Customer will not permit the Equipment to be operated by anyone who is not fully qualified and who has not received instruction from customer on the safe operation and use of the Equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation.

(P) Rules Governing the Safe Operation of Bounce House and Inflatable Slide Equipment:

The following rules detail safe operational guidelines for the equipment and must be followed at all times. Please ask any questions you may have before you begin use of the equipment.

Maximum number of people in a Bounce House

Children 8 and younger: 5-8
Children 8-12: 4-6
Teens (12 and up): 3-4

Adult supervision is required at all times. Customer agrees that an attendant will supervise the equipment at all times and enforce safety rules.
Follow the guidelines as to the number of participants.
Only children in comparable age groups and sizes should play on the inflatable at the same time.
Extra caution and supervision are required for children ages three (3) and younger.
Never allow older children to bounce with children ages three (3) and younger unless they are supervised.

Participants must remove sharp objects, shoes, glasses, and jewelry before entering in the inflatable.
Riders with pre-existing health conditions are not permitted on the equipment. This includes pregnant women, small infants, individuals with pre-existing head, neck, back, or other muscular-skeltal injuries or disabilities, and individuals wearing casts or any type of brace and are susceptible to injury from falls, bumps or bouncing.
Cease use during inclement weather. This includes strong winds (at or in excess of 20 mph), thunderstorms (especially lightning), or severe cold weather (below 40 degrees). Switch the blower off, and allow the unit to deflate
Do not allow riders to play or climb on walls, sides or roof of the inflatable.
Do not allow flipping, wrestling, or extreme horseplay in the inflatable.
Do not jump on the entry step of the inflatable.
No hanging from the netting on the sides.
Absolutely no Silly String, confetti, gum, food, drink, sprays, or other sticky substances are allowed in, on, or around the bounce house.
Should a unit begin to deflate, all users should exit the unit immediately. If the blower is still running, check the air intake on the side for blockage, and check both blower tubes on the inflatable unit to make sure that they are tightly tied off and are not kinked. If the blower has stopped running, make sure that it has not been unplugged or turned off. If it is still plugged and not working, make sure the outlet has no other appliances plugged in and make sure the breaker for the outlet has not tripped. If the problem persists, try another power outlet. Never allow riders in or on a partially inflated unit.
Keep children away from the blower.
Do not deflate the unit (unless rain is imminent), so that it may be inspected and cleaned prior to departure from the premises.
In the case of rain and thunderstorms, remove all persons from the bounce house and turn off the motor. When the thunderstorm and rain stop, first dry the inside of the bounce house with a soft clean towel before using to prevent injury.
Children should immediately exit the bounce house in the event of an emergency.
Do not remove the bounce house from the area where it was installed. If the inflatable moves, pull it by the corner straps back to its original location of installation and tie and secure it with the anchors.
Keep the inflatable unit away from swimming pools at all times.
No alterations in or attached to the bounce house are allowed.
Be careful with water. Water may only be used on Equipment when specifically authorized by the Company. Sprinkling systems must be turned off to prevent accidental drenching of devices. Even when water is allowed on a unit, only approved watering devices may be used.
Water must be turned off and the pool completely drained before the scheduled pick up time. Failure to comply with this rule may result in a Reconditioning Fee, which the Customer agrees to pay.

(Q) Rules Governing the Safe Operation of Inflatable Bubble Suit Equipment:

The following rules detail safe operational guidelines for the equipment and must be followed at all times. Please ask any questions you may have before you begin use of the equipment.

Size Guide

4 ft Diameter Ball Suit

Player Height: 3'9”-4'9”
Player Weight: N/A-100 lbs

5 ft Diameter Ball Suit

Player Height: 4'9”-6'3”
Player Weight: 100-250 lbs

Adult supervision is required at all times. Customer agrees that an attendant will supervise the equipment at all times and enforce safety rules.
Follow the guide as to the size of the ball suit used.
Only children in comparable age groups and sizes should play together at the same time. You can be of smaller size but we don’t recommend you crashing into larger players, as you will always be overpowered due to simple laws of physics.
Players under 4’ ft. can still play but may require additional assistance.
There is no minimum weight to play, however players above 250 lbs. may not participate due to safety concerns.
Riders with pre-existing health conditions are not permitted to use the equipment. This includes pregnant women, small infants, individuals with pre-existing head, neck, back, or other muscular-skeltal injuries or disabilities, and individuals wearing casts or any type of brace and are susceptible to injury from falls, bumps or bouncing.
Participants must remove sharp objects, glasses, and jewelry before entering in the inflatable.
Ensure that there are not sharp objects on the playing field prior to usage.
Usage must remain in the designated area agreed upon by Customer and Company.
The designated area of play must be at least 15 feet from any objects that protrude from the ground. This includes and is not limited to walls, rails, fences, and trees.
Intentional collision with walls, rails, fences, trees, or any other object that isn’t a bubble suit is prohibited. This may cause injury and negligent damage to the suit.
Do not allow players to jump off elevated objects. This is dangerous and may cause negligent damage to the suit.
Do not allow blindsided hits or full speed bumps to a player that is not looking.
Should a participant's bubble suit begin to deflate, the participant must cease involvement immediately.
Participants should immediately exit the bubble suit in the event of an emergency.
Keep the bubble suit away from swimming pools at all times.
Do not deflate the unit (unless strong wind is imminent), so that it may be inspected and cleaned prior to departure from the premises.