RENTAL, RELEASE, AND WAIVER OF LIABILITY AGREEMENT
This Rental, Release, and Waiver of Liability Agreement (this “Agreement”), dated as of the date identified above the signature line, is between Boom Box Party LLC (“Supplier”) and the undersigned customer(s) (“Customer”). Customer desires to purchase from Supplier, and Supplier desires to provide to Customer, certain supplies, materials, and services for an outdoor party or event (“Event”). In consideration of the promises and the mutual covenants herein contained, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows:
- Definitions. In addition to the terms elsewhere defined in this Agreement, the capitalized terms in this Section below shall be defined to include the information immediately following the capitalized term.
Address City State Zip
Event Price: $550 Refundable Deposit: $100 Event Date(s):
- Equipment. On or up to 24 hours before the Event Date, Supplier shall deliver to Customer a trailer containing the following: (a) inflatable bounce house; (b) boom box; (c) approximately 20 chairs; (d) three, six-foot tables; (e) one, high top table; and (f) various sporting goods, such as footballs and bean bags (all items in this Section and any other items provided by Supplier to Customer shall collectively be referred to as “Equipment”). Upon delivery of the Equipment, Supplier shall provide Customer access to the trailer. Customer shall assemble the Equipment in an area with adequate space, with no obstructions (sharp objects, feces, uncut grass, etc.) and in accordance with the directions provided by the manufacturer of the Equipment located in the trailer. The inflatable bounce house shall only be assembled in a minimum area of 15 feet by 20 feet on grass with stakes. Customer shall take all necessary steps to safeguard the Equipment and Supplier’s property stored in the trailer. Upon completion of the Event, Customer shall clean, assemble, organize, return, secure, and lock the Equipment in the designated location in the trailer, and in the same condition in which Customer received the Equipment, reasonable wear and tear excluded as determined by Supplier. If Customer fails to clean, assemble, organize, return, secure, and lock the Equipment in the designated location in the trailer and in the same condition in which Customer received the Equipment, Customer shall pay Supplier a fee of $75.00, which may be reduced from the Refundable Deposit (“Reassembly Fee”). If Customer fails to return any of the Equipment or the Equipment is returned in a defective condition requiring replacement, Customer shall pay Supplier a fee totaling the replacement cost of the Equipment, which may be reduced from the Refundable Deposit (“Replacement Fee”). If the total amount of the Reassembly Fee and the Replacement Fee exceed the Refundable Deposit, Customer consents to Supplier charging the remaining amount due against Customer’s credit card. Within 24 hours after the Event Date, Supplier shall remove the trailer and the Equipment from the Event Location. If no reductions are made to the Refundable Deposit, Supplier shall return the Refundable Deposit to Customer within seven business days after the Event Date. In addition to the Equipment, Supplier may make available in the trailer for purchase certain consumer goods for Customer to utilize during the Event, including but not limited to, plates, napkins, and cups (each a “Purchasable Good” and collectively “Purchasable Goods”). The Purchasable Goods will be organized in the trailer and labeled with a unit price. If Customer removes a Purchasable Good from the trailer, Customer will be charged the unit price for that Purchasable Good. Customer consents to Supplier charging the cost of any Purchasable Good removed from the trailer against Customer’s credit card or reducing such cost from the Refundable Deposit.
- Adherence to Rules. At all times, Customer shall comply with all Supplier and manufacturer rules, regulations, directions, or instructions for the use and operation of the Equipment, which are provided with the Equipment and located in the trailer (“Rules”). Prior to assembling the Equipment, Customer shall review the Rules. At all times during the Event and when the Equipment is not locked and stored in the trailer, Customer shall take all necessary steps to ensure that Customer and additional adult individuals over 18 years old supervise all participants, guests, and invitees using the Equipment. Customer shall adhere to and enforce the Rules, including but not limited to, the size and number of persons entering the inflatable bounce house does not exceed the manufacturer’s maximum occupancy. Food, drinks, animals, shoes, silly string, sharp objects, or other item or material that may damage or cause the Equipment to become defective shall not be used on or around the Equipment.
- Event Location Access. At all times on the Event Date, and 24 hours before and after the Event Date, Customer shall grant Supplier the right to access the Event Location in order for Supplier to carry out its obligations under this Agreement. Customer acknowledges that it is the owner of the Event Location and authorized to use the Event Location for the Event. If Customer is not the owner of the Event Location, then the owner of the Event Location shall deliver to Supplier written consent that: (a) Customer is authorized to use the Event Location for the Event; and (b) at all times on the Event Date, and 24 hours before and after the Event Date, Supplier is granted the right to access the Event Location in order for Supplier to carry out its obligations under this Agreement.
- No Representation and Warranty. Supplier makes no implied or express warranties, guarantees, or representations, whether oral or written, as to the nature, condition, suitability, safety, or security of the Equipment. Customer represents and warrants that it has, or has been provided the opportunity, to inspect the Equipment, and has not relied upon any representations made by any person.
- Payment. Upon Customer’s execution of this Agreement and in order to schedule the Event, Customer shall pay Supplier the Event Price and Refundable Deposit identified in Section 1 above. Payment of the Event Price and Refundable Deposit shall be made by credit card or other method determined by Supplier. Customer authorizes Supplier to securely hold and maintain Customer’s credit card information if additional charges are incurred by Customer under this Agreement.
- Cancellation and Weather. Supplier may terminate its obligations under this Agreement for any reason upon notice to Customer at least seven days prior to the Event Date. Upon Supplier’s termination, Supplier shall refund the Event Price and Refundable Deposit to Customer. Except as otherwise provided in this Section, if Customer cancels the Event upon written notice to Supplier at least 30 days’ prior to the Event Date, Customer is entitled to a refund of the Refundable Deposit and 50% of the Event Price. The remaining 50% of the Event Price shall be forfeited by Customer as a cancellation fee. Except as otherwise provided in this Section, if Customer cancels the Event upon written notice to Supplier 29 or less days’ prior to the Event Date, Customer shall be refunded the Refundable Deposit but forfeit the Event Price as a cancellation fee. The parties agree that the fees in this Section are reasonable in light of the anticipated or actual harm caused by the cancellation. If inclement weather occurs on the Event Date at the Event Location that renders use of the Equipment reasonably unsafe for a majority of the Event Date as determined by Supplier, then Customer may reschedule the Event for a subsequent date and time within one year of the Event Date at no additional charge (“Rescheduled Event Date”). If the Rescheduled Event Date does not occur on or before the one year anniversary of the Event Date, then Customer shall be refunded the Refundable Deposit but forfeit the Event Price.
- Insurance. Customer, at its expense, is solely responsible for obtaining any necessary insurance coverage relating to any liability or damages that Customer may incur as a result of executing this Agreement, including but not limited to, damages to property, personal injury, or death. Each party hereby waives its right and the right of its insurer of subrogation against the other party.
- Release, Hold Harmless, and Indemnification. Customer acknowledges that: (a) the particular activities Customer, its guests or invitees, may undertake at the Event Location may involve vigorous physical exercise, including by way of example walking, running, jumping, tripping, falling, lifting, and/or physical contact with others (the “Activities”), which may or may not be supervised by Supplier, its owners, officers, employees, agents, affiliates, and contractors (collectively, “Supplier’s Parties”); and (b) Supplier does not provide medical or emergency care if an injury or health event during the Activities. Customer represents and warrants that: Customer, its guests or invitees, are in sufficient physical condition and physically able to undertake and participate in the Activities; and have no disability, impairment, or ailment preventing Customer, its guests or invitees, from active or passive exercise that would be detrimental to the health, safety, comfort, or condition of Customer, its guests or invitees, if such person does so engage or participate.
Customer hereby releases, indemnifies, defends, holds harmless, and covenants not to sue Supplier’s Parties from and against any and all liabilities, losses, claims, costs, expenses, including attorneys’ fees, for damages to property, personal injury or death, claims by third-parties, including Customer’s guests and invitees, that arise out of or relate to the Activities, this Agreement, the Event, the Equipment, and all other goods and services provided by Supplier’s Parties to Customer, whether caused by the negligence of Supplier’s Parties or otherwise.
Nothing in this Agreement shall eliminate, exculpate, absolve, or excuse Supplier or Supplier’s Parties from reckless or intentional tortious acts. Customer acknowledges that: each of Supplier’s Parties is a third-party beneficiary of this Agreement; Customer’s agreement to this Section is made for Customer, its personal representatives, heirs, and next of kin; Customer has given up substantial rights by signing this Agreement, and is signing it freely and voluntarily; prior to signing this Agreement, Customer had the opportunity to contact Supplier or a representative of Supplier to discuss and/or bargain the terms of this Section and this Agreement.
Customer hereby accepts the risk and assumes full responsibility for any risk of bodily injury, death, or property damage arising out of or related to the Activities whether caused by the negligence of Supplier’s Parties or otherwise (but not including intentional or reckless acts of Supplier’s Parties), and furthermore acknowledges that Customer has a responsibility to act within the limits of Customer’s ability, to heed all warnings regarding participation in the Activities, to maintain control of its person and the Equipment, and to refrain from acting in any manner that may cause or contribute to death or injury for Customer or to other persons.
Customer Initial(s) acknowledging Customer’s review of Section 9.
- Miscellaneous. If Supplier is required to enforce any term of this Agreement, Supplier shall be entitled to recover from Customer all Supplier’s attorneys’ fees and expenses incurred by Supplier relating to such enforcement. The remedies set forth in this Agreement are cumulative and shall not be construed to limit any other remedies available to Supplier at law or in equity. If any part of this Agreement is held unenforceable or invalid for any reason, such unenforceable or invalid part shall be severed from this Agreement and the remaining parts of this Agreement shall remain valid and enforceable. This Agreement contains the entire agreement between the parties with respect to the matters set forth herein, and no verbal statements or promises from any employee or agent of Supplier that conflict with this Agreement have any binding effect. Customer represents and warrants that it has been provided: (a) with the opportunity to discuss and review the terms of this Agreement with its respective attorney before signing it and that Customer is freely and voluntarily signing this Agreement in exchange for the benefits provided herein; and (b) a reasonable period of time to review the terms of this Agreement. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder or pursuant hereto shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder or pursuant thereto. Supplier may at any time assign or transfer its rights under this Agreement. Customer shall not assign or transfer its rights under this Agreement without Supplier’s prior written consent. Customer acknowledges that Supplier is an independent contractor and that nothing in this Agreement creates any partnership or employment relationship between the parties.