1. LEASE AND RENTAL FEE: The undersigned (“Lessee”) leases from Monkey D’s Fun-Flatables (“Leasor”) the inflatable unit names above (“the Unit”) at the date and time specified above. Lessee shall pay Leasor the rental fee upon receipt of the unit. 2. DELIVERY AND TRANSPORTATION EXPENSES: Except as otherwise provided herein, all charges in delivery and pickup of the unit to and from the delivery address specified above are included in the rental fee noted above. Lessor shall use its best efforts to deliver the units at the start time stated above; however, lessor cannot guarantee the unit will be delivered at exactly the start time. Lessor shall not be responsible for any claims or damages in the event that the unit is delivered earlier or later than the start time. 3. RULES TO FOLLOW DURING THE USE OF THE UNIT: a. Only participants of compatible ages and sizes shall play in the unit at the same time. The maximum number of participants of each group that shall play in the unit at one time shall be as follows.
b. To avoid neck and back injuries, flips are not allowed in the unit. In the event the unit is an inflatable slide, participants shall not jump from the platform onto the sliding area. c. ADULT SUPERVISION IS ABSOLUTLY REQUIRED WHEN PARTICIPANTS ARE IN THE UNIT. THE LESSEE SHALL BE RESPONSIBLE FOR THE SUPERSVISION OF THE PARTICIPANTS WHILE THEY ARE IN THE UNIT. AS THE LESSEE OF THE UNIT, THE SAFETY OF ALL THE PARTICIPANTS SHALL BE THE LESSEE’S SOLE RESPONSIBILITY. d. Absolutely no “silly string”, gum, candy, drinks, good cigarettes, confetti, or any other substances are allowed in the unit. It is the lessee’s responsibility to keep the unit clean and free of any type of debris. e. The unit shall not be moved from the location of installation. In no event shall the unit be removed from the address specified above. f. Participants shall be kept away from the blower(s) used to inflate the unit. In the event that the blower is accidentally turned off, remove all participants from the unit and turn off the blower. Do not allow the participants to re-enter until the unit has been fully inflated. g. Some units have been equipped with a zipper designed for quick deflation of the unit at the time of pickup. Do not allow any participants to open the zipper. In the event that the zipper has been opened, remove all participants from the unit and close the zipper. Do not allow the participants to re-enter the unit until has been fully inflated. h. Keep the unit and blower and unit at least fifteen (15) feet away from swimming pools and/or other sources of water. i. Do not allow participants to jump while holding on to the netting on the unit. 4. TROUBLESHOOTING: In the unlikely event that the unit begins to deflate while in operation, first remove all participants from the unit, then check the following: (1) the motor may have stopped, in which case, check the cord connection at the outlet, and remember to use no more than a twenty-five (25) foot extension cord (stronger outlets are in the kitchen and laundry room); (2) If the motor is continuing to run snugness, re-tie if necessary; (3) Make sure the zipper(s) on the unit are fully closed if equipped; (4) If you cannot correct the problem call lessor immediately. 5. REPRESENTATIONS AND WARRANTIES BY LESSEE: Lessee represents and warrants: a. That he/she has fully read this agreement and that he/she has been instructed about and fully understands the safe operation of the unit. Lessee shall observe all safety precautions contained herein, including, but not limited to, constant supervision of the participants b. That he/she shall keep the unit in the same condition as received, ordinary wear excepted c. That he/she shall be responsible for the safe return of the unit to lessor through lessor’s agent who delivers and picks up the unit. Lessee shall only allow the same person to deliver the unit to pick up the unit. In the event the unit is not safely returned, lessee shall pay lessor the full replacement value of the unit. d. That he/she has followed the instructions under section 3 hereunder e. That he/she has not removed the unit from the location of installation f. That he/she has received the unit in good working order and condition 6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: LESSOR MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO EXCLLUDED BY COMPANY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE UNIT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF PERSONAL INJURIES WHILE USING THE UNIT. 7. TITLE: Lessee shall keep the unit in his/her custody at all times and shall not sublease, rent, sell, remove from the delivery address, or otherwise transfer the unit. The unit shall remain the property of lessor and may only be removed by lessor or lessor’s agent after end time as specified above 8. INDEMINIFICATION; RELEASE OF LIABILITY: a. The lessee shall have the full responsibility of the unit’s operation, including, but not limited to, supervision of the participants in the unit. Lessor and its officers, employees and agents shall not be responsible for any injuries occurred during the use of the unit. Lessee further agrees to hold the lesser and its officers, employees and agents free and harmless against any injury or claim; the lessee shall indemnify and hold harmless the lessor and its officers, employees and agents from and against any cost incurred due to claims arising out of or in connection with the use and safe return of the units. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITIOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR 9. ENTIRE AGREEMENT: The rental agreement constitutes the fill agreement between lessor and lessee. The receipt of the Monkey D’s Fun-Flatables unit that is the subject of this rental agreement is in good working order and repair and this is so acknowledged by lessee. 10. RAIN POLICY: In the event of rain, high wind, or other causes outside the control of lessor, lessor reserves the right to terminate this agreement and cancel the reservation hereunder. If the unit(s) is accepted by lessee no rain out refunds will be made. 11. GENERATOR POLICY: In the event of no electricity at the delivery site, lessor reserves the right to terminate this agreement and cancel the reservation hereunder. If any damages occur while a generator is in use the lessee is responsible for any damages to the unit.
Signature: __________________________________ Date: _________________
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