WAIVER DOCUMENT
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RENTAL AGREEMENT
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BounceSplashFun Waiver of Liability
BounceSplashFun, LLC (BSF) PARTICIPANT AGREEMENT,
INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION OF RISK
This is a contract - Read before signing
In consideration of BounceSplashFun (BSF) allowing me or a child for whom I am a parent or guardian (“Minor Child”) to participate in BSF activities, including, but not limited to jumping, sliding, bounce house, and other athletic and amusement activities (collectively “Activities”). I agree to forever release, indemnify, and discharge BounceSplashFun, LLC and their respective affiliates, agents, officers, and directors on behalf of myself, my spouse, my children, my parents, my guardians, and my heirs, personal representative and estate, and any and all other persons and entities who could in any way represent me, the Minor Child or act on our respective behalf’s. I represent that I am the parent or guardian of the Minor Child. Inflatables expose its participants to the usual risk of cuts and bruises. Participants can fall off equipment, sprain or break wrists, ankles, and legs, and can suffer more serious injuries as well. Flipping, running, and bouncing off walls is dangerous and must be done at the participant’s own risk. There is also a risk of colliding with or being landed on by jumpers of a different size. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. Furthermore, BounceSplashFun employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I acknowledge that my participation in a BounceSplashFun game or activity entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BounceSplashFun from any and all claims, demands, or causes of action which are in any way connected with my participation in BSF activities or my use of BSF’s equipment or facilities including any such claims which allege negligent acts or omissions of BSF. Should BSF or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. In the event that I file a lawsuit against BSF, I agree to do so solely in the state of Arizona. I further agree that the substantive law of Arizona shall apply without regard to any conflict of law rules of that state. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. I hereby waive my right to trial by jury and agree that any controversy between the parties hereto involving any claim arising out of or relating to a breach of this agreement shall be submitted to and be settled by final and binding arbitration in the state of Arizona. I understand this agreement extends forever into the future and will have full force and legal effect each and every time I visit BounceSplashFun, LLC, whether at the current location or any other location or facility. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk or any medical or physical condition I may have. If the participant is a minor, I agree that this release of liability and assumption of risk agreement (“Release”) is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as parent or legal guardian of the minor participant to bind the minor participant to this agreement. If the participant is a minor, I further agree to defend, indemnify and hold harmless BounceSplashFun, LLC from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity. In consideration of not being required to sign a fresh copy of this RELEASE before each visit, I further agree that this RELEASE shall apply to all future visits by me and by the minor participant until he/she is 18 years old in full. I grant BSF permission to use my, and the Minor Child’s likeness in its publications, websites, and any and all marketing without payment. By signing this document, I intend to forever waive my right and the rights of the Minor Child to maintain any lawsuit or action against BounceSplashFun, LLC based on any claim of personal injury or death or property loss or damage. I have had sufficient opportunity to read and understand this agreement and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. *PLEASE NOTE WE RESERVE THE RIGHT TO REVIEW YOUR DRIVER’S LICENSE AND/OR OTHER FORMS OF IDENTIFICATION IN ORDER TO VERIFY INDENTITY AND YOUR DATE OF BIRTH / AGE.
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EVENT WAIVER
Parent and/or Guardian Information
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FIRST NAME:____________________________ LAST NAME:_________________________
EMAIL:____________________________________________________________________________
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DATE OF BIRTH: _________________________ PHONE NUMBER:___________________________
ADDRESS:_________________________________________________________________________________
Name(s) and Date (s) of Birth for all children under 18 follows: PARENT’S OR GUARDIAN’S ADDITIONAL AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION OR RISK-(Below must be completed for participants under the age of 18). In consideration of the Minor Child (children) detailed below being allowed to participate in the Activities, I voluntarily agree that all terms and conditions set forth herein shall equally apply to such minor as if the Minor Child (or children) was 18 years or older.
CHILD'S NAME:____________________ DATE OF BIRTH:________________
CHILD'S NAME:____________________ DATE OF BIRTH:________________
CHILD'S NAME:____________________ DATE OF BIRTH:________________
CHILD'S NAME:____________________ DATE OF BIRTH:________________
CHILD'S NAME:____________________ DATE OF BIRTH:________________
I declare that the info I've provided is accurate and complete. I hereby acknowledge this release from liability for accidental injury or illness which I may incur as a result of participating in any physical activity. I hereby assume all risks connected therewith and consent to participate in this program. I agree to disclose my physical limitations, disabilities, ailments, or impairments which may affect my ability to participate in this program..
I declare that the information I've provided is accurate and complete.
Rental Agreement
In consideration of the Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all of the terms and conditions set forth on the previous page of this agreement, the parties do further agree as follows:
1. Identity of parties: For the purposes of this Rental Agreement, “BounceSplashFun”, shall mean BounceSplashFun, its owners. “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.
2. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from BounceSplashFun certain equipment described on the invoice page of this agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as “Start Time” 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 of the rental equipment to the actual pickup of the rental equipment by BounceSplashFun. If the equipment is delivered and accepted by customer, then the customer shall not be entitled to any refund whatsoever if customer elects not to use the equipment due to weather or other causes.
3. Weather: BounceSplashFun cannot guarantee weather conditions, we reserve the right to cancel or reschedule you rental prior to delivery if severe weather conditions are immanent or if we have reason to believe that the equipment and/or its users may be in danger. Some examples of severe weather conditions are high winds, rain, snow, thunder, and/or lightning. 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 equipment until severe weather ends.
4. Care of the Rental Equipment: Customer shall be responsible for any and all the 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 BounceSplashFun for any and all damage, which is not Considered ordinary wear and tear That 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-approval items such as chemicals, food, paint, silly string, mud, clay, or other materials.
5. Possession: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customers premises and terminates on the actual pick up by BounceSplashFun. Retention of possession or any failure to permit the pickup of the equipment 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 BounceSplashFun 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 BounceSplashFun. 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, BounceSplashFun may take possession of said items without further notice or legal process and use whatever force is necessary to do so. Customer hereby agrees to indemnify, defend, and hold BounceSplashFun harmless from any and all claims and costs arising from such retaking. If rental items are stolen, or otherwise moved from the delivery address, customer shall notify BounceSplashFun immediately.
General Misuse: Do not allow riders to play or climb on walls, sides, or roof of inflatable. Please do not allow water or a water hose near a dry inflatable. If the inflatable should become wet, have an adult wipe down unit before riders return. Make sure the unit is not wet when riders return.
Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable.
Spilled Food, drink or the uses of Silly String could result in a $100-$500 Cleaning Fee.
Negligence or damage to the unit(s) could result in a $500 – $15,000 Repair Fee.
If the unit is not repairable, a fee of $500 – $15,000 could result
If inflatable is not covered during rain (either a tarp or following verbal instruction) there will be a $100 drying/cleaning fee.
Any extreme mud or sand in or on unit could result in a $100 – $500 cleaning fee.
Any damage or altercation to water hoses will result in an automatic $20 charge to card on file.
Any use of soap, baby powder, baby oil, etc.. Will result in an automatic $100 cleaning fee.
7. Equipment problems: Should any equipment develop a problem, or does not function correctly at anytime, or Customer does not understand the operating instructions, the customer agrees to immediately cease use of the 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 in to make sure that it has not been unplugged; 2) If the 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.
8. Customer Acknowledgement: Customer acknowledges and certifies that they have had 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.
9. Entire Agreement: This Agreement constitutes the full Agreement between BounceSplashFun 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 the Rental Agreement and General Release and the fact that it is in good working order.
10. Rental Agreement & Release of Liability will require signature at time of delivery. Please contact BounceSplashFun directly with any questions.