Home Run Challenge

 

 This is A Release Of Legal Rights -- Read and Understand Before Signing

       In consideration of being allowed to participate and use the items that are listed on the Contract Agreement that I signed, I hereby agree to waive and release, on behalf of myself, my children, my parents, my heirs, assigns and personal representatives, the right to sue or make claim against Bounce Around Inc. the rental company. I further agree and acknowledge the following:

1.) Acknowledgment of Risk : I recognize the fact that there are dangers, inherent and otherwise, which may or may not be expressed in this document , in the use and operation of the items listed above. These dangers include, but are not limited to, serious injury or death, and I understand that no amount of care, caution, or expertise can eliminate these dangers. I also recognize the fact that the use of the items listed above involves physical movements, such as climbing, jumping, and sliding and as in the case with all physical activity, the risk of injury, even serious or disabling, is always present.

2.) Assumption of Risk : In recognition of the known and unknown risks of the above activities, I confirm that I am Physically and mentally capable of participating in the activity in using the items listed above. I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE RISKS EXISTING IN THE ITEMS LISTED ABOVE, INCLUDING THE RISKS OF INJURY, OR DEATH. My participation in this activity is purely voluntary, and I knowingly elect to participate in spite of all these risks. 

3.) Minor Release : I hereby certify that I am an adult parent or guardian of a minor child under the age of 18 years, and I consent to his/her participation in the use of the items listed knowing all of the risks listed above. I understand that the child's participation in the items listed involves climbing, jumping, and sliding and that I confirm that the child fully understands the safety signs and rules along with the risks of injury listed above. I recognize that my responsibility to ensure that the minor child participates in the activities and that he/she has the required skills, qualifications, and understanding of the safety signs and rules. I understand that Bounce Around Inc. the rental company shall have no responsibility to pay for medical treatment and related costs if minor child is injured.

4.) Waiver of Negligence : This waiver and release is intended to release Bounce Around Inc the rental company, from negligence to the fullest extent permitted by law. Although I understand that this release includes all claims against Bounce Around Inc. of this event from their ordinary negligence, it does not include the claims arising from claims of gross negligence. I agree that I, my children, my parents, my heirs, assigns personal representatives, guardians, and estate will not make claim against, sue, attach the property of, or prosecute Bound Around Inc. the rental company for any injury or damage resulting from negligence or other acts, howsoever caused, as a result of my participation in the activities or use of the items listed above. I therefore covenant and agree not to initiate a lawsuit against Bounce Around Inc. the rental company

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5.) Indemnity Clause : to the extent permitted by law, I hereby agree to indemnify and hold harmless Bounce Around Inc. from ay and all liabilities or claims made by other individuals or entities as a result of my actions or any failure of any equipment i use, or whiles I am engaged in any activity involving the items listed on page one, including and litigation, expenses, attorneys fees, lawsuits, liability, damage, or cost which may occur as a result of such claims. Should Bounce Around Inc. be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold harmless from all such fees and costs.

6.) Governing Law, Jurisdiction, and Severability Provisions : This waiver and release of liability shall be governed by Michigan law and construed broadly to provide a release and waiver to maximum extent permissible under the applicable law. In the event that I file a lawsuit against Bounce Around Inc. of this event, I agree to do so solely within the State of Michigan. I agree that in any portion of this waiver and release of liability is held to be invalid, the rest shall nonetheless remain in full force and effect.

7.) Safety Rules : I have read the posted safety rules on the rented items, and I agree to abide by them Bounce Around Inc. is not responsible for enforcing these rules on me or other participants using the items listed on page 1.

8.) Risks Understood by Child : I have discussed the risks of using the items listed with my child, who understands these risks. I have also discussed with my child by signing this waiver I have waived my right to maintain a lawsuit against Bounce Around Inc., on the basis of may claim from which I have released them herein. It is the intention of the undersigned to exempt and relieve Bounce Around Inc. from liability from personal injury, property damage, or wrongful death. I have read all the pages of this agreement and fully understand its contents. I sign this at my own free will.

 

CUSTOMER NAME: {{first_name}} {{last_name}} 

 

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BOUNCE AROUND INC.

Contract Agreement

We have received on this date from Bounce-Around Inc., the equipment listed on the front side of this contract.

 

It is agreed and understood that this is personal property of Bounce Around Inc. and will be used at the address specified in the front for the stated period of time and solely for the purpose for which the said equipment was manufactured and intended.

 

It is agreed that the said property was inspected by us and found to be in acceptable condition when received.

 

It is agreed that we hold Bounce Around Inc. harmless from and liability whatsoever resulting from the use of the said equipment and further agree said property will only be used by the person herein designated and no other persons without written consent from Bounce Around Inc.

 

It is agreed that we will immediately discontinue the use of any said equipment should same at anytime, while in our possession become unsafe or in the state of despair, and will immediately notify Bounce Around Inc. of said facts and the lessor in consideration of the mutual covenants herein contained, agree that it will with reasonable dispatch after receiving said notice, replace said equipment with other equipment in good working order.

 

It is agreed that upon termination of this contract with the lessee will immediately release all rented equipment and all attachments and parts belonging to Bounce Around Inc. in the same conditioned it was received, normal wear and depreciation expected, and agree to pay any damage or loss to said equipment while same is in our possession, under control, subject to this contract.

 

Normal wear shall not include and the lessee shall be liable for any damage resulting from but not limited to the following loss of crowd control, riot civil disorder, vandalism riot damage, and malicious mischief.

 

It is agreed that the lessee will provide and obstructive space for the erection, assemblage, placement, and disassemble of the equipment both above and below the ground. In the event it is desired by the lessee to extend this contract beyond the date specified, it is understood and agreed that the lessee will immediately notify Bounce Around Inc. of the said desire and obtain Bounce Around Inc, approved and terms for said extension.

 

Lessee agrees to have all space and entry arrangements and permits for the installation and use of the equipment, prior to the arrival of  Bounce Around Inc. , Equipment and other costs for such be borne by the lessee.

 

It is agreed that all charges for the rented equipment will be paid in advance prior to erection of the tent and other rented equipment, attorney fees, court costs, or any expense involved in the collection of rental charges will be borne by the lessee.

 

It is agreed that the use of this equipment shall be maintained in accordance with laws and regulations and to keep the equipment free of any levies liens or encumbrances. 

 

If the equipment is demolished or damaged by storm, fire, or other casualty, Bounce Around Inc shall have the option of re-erection same at the cost of the lessee or terminating the contract. the term cost as used in this paragraph shall include but not be limited to labor and transportation of  Bounce Around Inc. employees and equipment; in the event Bounce Around Inc terminate the contract the lessee will be liable for the full amount of the rental set forth on the reverse side.

 

It is agreed that the lessee release Bounce Around Inc. from any claims damage or liabilities arising out of any damage property on the premises during the erection or dismantling of the equipment or after the equipment is dismantled.

 

It is agreed that the said property described on the reverse side of this contract shall remain the property of Bounce Around Inc. at all times and not rental payments shall be considered as payment on the purchase price.

 

It is agreed that the lessee represents to Bounce Around Inc. that he/she is familiar with and knows how to use the equipment being rented.

 

 

WEATHER CANCELLATION POLICY

Common sense must always play a part in our decisions of whether or not to set up due to certain weather conditions. Therefore these are the rules and guidelines we use to make sometimes tough calls that may possibly affect your event. Please know that we always make decisions with the utmost concern for your Safety and our Liability. Also please know we rely on the weather experts to make these tough calls. Unfortunately, they are not always reliable. We  thank you in advance for your understanding and cooperation.

 

SPRING AND SUMMER SEASON: There is almost always a chance of rain. If there is a 40% or less chance of rain, please plan on getting your items you rented, unless customer cancels. Once we’re at your house, the full contract amount becomes due. If there is a 50% chance of rain we give our customers a chance to reschedule, cancel, or go ahead with the rental as planned. Once we’re at your house, the full contract amount becomes due. If there is a 60% or higher, and threat of thunderstorms, Bounce Around Inc. will make the decision and contact your to reschedule or cancel your event. There will be no charge if you cancel. 

 

FALL  AND WINTER SEASON: The rain policy is different. If there is a 30% or higher chance of rain, Bounce Around Inc. will make the decision and contact you to reschedule or cancel your event. There will be no charge if you cancel. The same rules apply if it’s too cold. The temperature must be 45 degrees or higher before we can deliver, and we must pick up before the temperature falls below 45 degrees. 

 

REASON FOR THE RULES: Quite simple, rain and vinyl may mix on water slides, but jumping on wet bouncers can cause serious injuries. Your safety and our liability is our main concern. Cold temperatures cause the vinyl to get very hard and stiff and damage the bouncers. It’s also very difficult to pick up and roll vinyl inflatables in cold temperatures.

CREDIT CARDS: A 4% Credit Card Fee will be applied to all Credit Card Transactions. Thank You for your continued Support and Understanding.

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By signing below, you agree to adhere to the terms and conditions outlined in the rental agreement above.

Customer Name:  _________________________________            

Signature:  _________________________________             Date:  __________03/14/202610:01 PM_____________