- Identity of parties: For the purposes of this Rental Agreement. " HUSKER N-FLATABLES & BOUNCE HOUSE " shall mean HUSKER N-FLATABLES & BOUNCE HOUSE OR HUSKER BOUNCE, its owners, officers, directors, shareholders, employees, contractors, agents and "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 and/or employees.
- Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from HUSKER N-FLATABLES & BOUNCE HOUSE "(HUSKER BOUNCE)" certain equipment described on the invoice page of this Agreement. By booking, renting or reserving any product from Husker Bounce, that shall indicate that the customer has read all policies, terms and conditions and is aware and agrees to adhere to all policies, rates, and terms set forth in this agreement. This includes but not limited to specific rates for products or deliveries, cancellations, set up or clean up fees. The rental fee set forth is payable, in full, at delivery, and the term shall be that listed on the invoice, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by HUSKER BOUNCE. If the Equipment is delivered by HUSKER BOUNCE and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the Equipment due to weather or any other cause.
- Returned Check policy: In the event that a check is returned to HUSKER BOUNCE for insufficient funds customer agrees to pay the total rental price as well as an additional $30.00 fee to HUSKER BOUNCE in cash immediately upon notice.
- Weather: HUSKER BOUNCE cannot guarantee weather conditions. We reserve the right to cancel or reschedule your rental prior to delivery if adverse weather conditions are imminent or if we have any reason to believe that the inflatable equipment and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain, snow, and lightening. In the event of severe weather during a rental, customer agrees that he /she/they will unplug the inflatable, allow it to deflate, and not use the inflatable until the severe weather ends.
- Delivery: HUSKER BOUNCE shall deliver the Rental Equipment to address specified by Customer as listed on the invoice. Customer grants to HUSKER BOUNCE true right to enter the property for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times.
- Receipt/inspection of Rental Equipment: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the rental equipment and will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer's needs. Customer acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order. Customer shall clean or rinse off bounce house upon prior to expiration of their rental. Customer shall be charged up to 100.00 dollars if bounce house is not cleaned and/or requires additional manpower or equipment to clean the inflatable.
- 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 HUSKER BOUNCE. Retention of possession or any failure to permit the pickup 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 HUSKER BOUNCE the full replacement value for such Equipment listed on the invoice page of this Agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by HUSKER BOUNCE. Title to the rental items is and shall remain in the name of HUSKER BOUNCE. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of delivery of the items, until HUSKER BOUNCE picks up such items. Customer shall not cause nor permit these items, or any of them, 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, HUSKER BOUNCE 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 HUSKER BOUNCE 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 Address, Customer shall notify HUSKER BOUNCE immediately.
- Care of the Rental Equipment: 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 HUSKER BOUNCE for any and all damage which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment on the invoice. Damage which is not "ordinary wear and tear" includes, but is not limited to, cutting or tearing of vinyl or netting, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approved items such as chemicals, non-approved food, paint, silly string (see Paragraph 11), mud, clay, or other materials.
- Additional Fees: Customer agrees to pay additional for the following if: a) delivery to backyard is requested where additional time and/or labor is needed in order to fit it through a fence or any tight quarters in order to set up in a backyard. Bounce houses's are big and the ideal location is a front yard or driveway. Additional $25.00 will be applied to backyard rentals. b) we come in contact with your dogs poop. If you have a dog, clean up prior to arrival. If we come in contact with your dogs poop, there will be an additional $100.00 clean up fee assessed to the rental. Customer is required to spray off or wipe down bounce house prior to Husker Bounce pick up crew arriving. It doesnt have to be dry, just sprayed off. There will be a fee of up to $100.00 If the inflatable requires additional resources to clean.
- Equipment Problems: Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand the operating Instructions. Customer agrees to immediately cease use of that equipment. In particular, if the inflatable unit begins to deflate, customer will immediately have the riders exit the unit and then check for one of the following conditions: 1) The motor has stopped; in which case check the power cord connection at the outlet where the unit plugs into the house to make sure that it has not been unplugged; 2) If motor continues to run, check for blockage of the air intake screen on the side of the blower unit. Also, check both air tubes on the back of the unit for snugness and tighten the ties if necessary; 3) If either of these steps corrects the problem, fully re-inflate the unit prior to permitting anyone to use the unit 4) If you cannot correct the problem, call our office at 402-802-5804.
Specific Rules and Instructions for the inflatable equipment:
The following rules and warnings must be obeyed in the use of inflatable equipment:
- All safety and operating instructions contained on the inflatable must be complied with and followed at all times;
- For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES;
- No silly string Is permitted to come In contact with the inside or outside of the inflatable unit, this causes Irreparable damage to the inflatable, and Customer acknowledges that If the inflatable Is damaged by "Silly String", then a $500.00 fee shall be automatically imposed by HUSKER BOUNCE and shall be immediately due and payable by Customer
- WARNING - extra caution and supervision are required for children ages three (3) and under,
- WARNING - It is unsafe to stay In inflatable if winds exceed 20 miles per hour (MPH). Have all persons exit inflatable, then unplug the blower unit and let inflatable deflate,
- WARNING - Individuals with head, neck, back or other muscular-skeletal Injuries or disabilities, pregnant women, small infants, and others who may be susceptible to Injury from falls, bumps or bouncing are not permitted in the unit at any time,
- Do not move the inflatable from the location where set-up, unless instructed to.
- If the inflatable unit moves, pull corner(s) back to their original location(s) and re-secure; For other questions regarding the safe installation of equipment, please call our office at 402-802-5804.
- Do not let the inflatable unit rub up against any surface.
- Limited Warranty: HUSKER BOUNCE 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. HUSKER BOUNCE sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when HUSKER BOUNCE determines that it does not conform to this warranty. HUSKER BOUNCE makes no warranty of merchantability or fitness for any particular use or purpose, either expressed 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. HUSKER BOUNCE 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. HUSKER BOUNCE shall not be responsible for any defect or failure unknown to HUSKER BOUNCE at the time of delivery.
- Cancellation Policy: If Customer cancels a reservation (except for weather-related cancellations), the customer’s deposit will not be returned but may be applied it to a future rental within a one year period. Weather cancelations: If customer cancels an event due to weather at least two hours before we leave to deliver the games, there will be no charge whatsoever and deposit will be returned.
- 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.
- Legal Fees: In the event that an attorney is retained to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
- Customer Acknowledgment: 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 on all pages and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
- Severability: If any of the terms or conditions of this Agreement are 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.
OPERATING INSTRUCTIONS & SAFETY RULES
- Ensure that all safety rules and operating instructions posted on the front of the inflatable are followed.
- A trained operator(s) must be on duty at all times. Operator must use a whistle or other audible signal device.
- In case of high winds or storms, have all persons exit the inflatable and then unplug the unit and let it deflate.
- Remove all sharp or pointed objects from pockets
- No Silly String is to come in contact with the inside or outside of the unit
- No food, drinks or gum chewing allowed
- Remove shoes, eyeglasses and jewelry
- No flips, somersaults, rough play, piling on or wrestling
- Do not bounce against sides or near the front entrance way. Do not bounce into corner posts.
- Do not climb on side walls or nets
- Keep a safe distance between kids bouncing in the inflatable
- No jumping or sitting on the entrance ramp
- No jumping off of the top of the slide
- Only allow similar sized riders in the inflatable at once
- Follow the maximum number of riders guidelines as posted on the inflatable
- Follow the maximum weight limit as posted on the inflatable
- Do not let the inflatable rub up against any surface
- Do not move the bounce from the location where set up
- Individuals with head, neck or back injuries or disabilities, pregnant women, small infants, and others who may be susceptible to injury from falls, bumps, or bouncing are not permitted in the unit at any time.
- Water hoses or water must not be used in the inflatable unless specifically manufactured for use with water. Customer will be charged $1500.00 if water is found to be used on or in a dry only inflatable.
- If the inflatable starts to deflate, have all riders exit immediately and then check for one of the following conditions:
- The blower motor has stopped; in which case check the power cord connection at the outlet to make sure that it has not been unplugged. If not, check to make sure a circuit breaker was not tripped.
- If blower motor continues to run; check for blockage of air intake screen on the side of the blower unit. Also check all air tubes on the back of the inflatable for snugness and tighten ties if necessary.
- If either of these steps corrects the problem, fully re-inflate the unit prior to permitting anyone to use it.
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 further acknowledges and understands that HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE has provided the operators all pertinent information on operation and emergency procedures with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children's safety depends upon customer providing supervision AT ALL TIMES for correct operation of and the use of the equipment. Customer further agrees to keep all equipment away from swimming pool(s) and customer understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and all risk of injury or damage. In particular, 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.
General Release/indemnity/hold harmless: I, as the customer, understand and acknowledge 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. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE from any and all liability, claims, demands, causes or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions. Should HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE or anyone acting on behalf of HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold harmless HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE for all such fees, costs and actions. 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. In consideration of being permitted by HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE to use its equipment and facilities, the undersigned and it participants agree to indemnify and hold harmless HUSKER N-FLATABLES & BOUNCE HOUSE dba HUSKER BOUNCE from any and all claims which are brought by the undersigned and/or their participants and which are in any way connected with such use or participation. A set of Rules and Direction are either displayed on our website (www.huskerbounce.com) or the bounce house/unit(s) or have been provided to the undersigned which I agree to follow and utilize at all times during operation and use of the unit(s).
- NOTE: IF YOU CANNOT CORRECT THE PROBLEM: CALL ME DIRECTLY RIGHT AWAY 402-802-5804
Entire Agreement: This Agreement constitutes the full agreement between HUSKER BOUNCE and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that it is in good working order.
I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE SAFETY RULES AND OPERATING INSTRUCTIONS AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM THE CUSTOMER AND AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT.
YOU ACKNOWLEDGE THAT BY BOOKING THE INFLATABLE ONLINE, YOU HAVE READ AND AGREE TO ALL TERMS AND CONDITIONS AND ARE FULLY AWARE AND AGREE TO ALL COSTS ASSOCIATED WITH RENTING AN INFLATABLE.
NO NEED TO PRINT THIS OFF IT WAS ELECTRONICALLY SIGNED WHEN BOOKING ONLINE.