NOTE: Driver pick-up time is approximate. Driver may arrive early or late to pick up the equipment. Customer is responsible for, and required to stay with all the equipment until it is picked up by our representative, or other arrangements have been made.
2. General Release/indemnity/hold harmless: 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. CUSTOMER hereby voluntarily and expressly releases, indemnify, forever discharge and hold harmless KC Bubble Soccer 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 KC Bubble Soccer or anyone acting on behalf of KC Bubble Soccer be required to incur attorney’s fees and costs to enforce this agreement, I expressly agree to indemnify and hold KC Bubble Soccer harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against KC Bubble Soccer, it is agreed to do so solely in the State of Kansas. 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 KC Bubble Soccer to use its equipment, the undersigned and it participants agree to indemnify and hold harmless KC Bubble Soccer 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 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).
I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE FOLLOWING PAGES, 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.
ADDITIONAL TERMS AND CONDITIONS
In consideration of the hiring of that certain Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all of the terms and condition set forth on the previous page of this agreement, the parties do further agree as follows:
3. Identity of parties: For the purposes of this Rental Agreement. “KC Bubble Soccer” shall mean KC Bubble Soccer, 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.
4. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from KC Bubble Soccer 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 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 actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by KC Bubble Soccer. If the Equipment is delivered by KC Bubble Soccer 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 other causes.
5. Payment Policy: Customer agrees to pay the amount in full with Paypal, Credit Card (fees may be charged) or Cash on the date the agreement is signed. This amount will include the damage deposit listed on the invoice page of this agreement.
6. Weather: KC Bubble Soccer cannot guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe 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.
7. Delivery: KC Bubble Soccer shall deliver the Rental Equipment to the address specified by Customer as listed on the invoice page of this Agreement. Customer grants to KC Bubble Soccer 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.
8. 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.
9. 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 KC Bubble Soccer. Retention of possession, or any failure to permit the pick up 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 KC Bubble Soccer 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 KC Bubble Soccer. Title to the rental items is and shall remain in KC Bubble Soccer. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of KC Bubble Soccer’s delivery of the items, until KC Bubble Soccer 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, KC Bubble Soccer 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 KC Bubble Soccer harmless 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 KC Bubble Soccer immediately.
10. 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 KC Bubble Soccer 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 page of this Agreement. 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.
11. Equipment Problems: Should any equipment develop a problem, or does not function correctly at anytime, 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 players exit the unit and then check the equipment for any punctures. Customer will set that unit aside and will use one of the extra units provided. If no extra units were provided then customer will contact KC Bubble Soccer at 913.909.9236.
12. Specific Rules and Instructions for the inflatable equipment: The following rules and warnings must be obeyed in the use of inflatable equipment: A) All safety and operating instructions must be complied with and followed at all times; B) For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES; C) WARNING - extra caution and supervision are required for children ages three (3) and under, D) Players will only play on approved surfaces away from rocks, sticks, woodchips, trees, or any other items that may puncture or damage the units, E) WARNING - It is unsafe to stay In inflatable if winds exceed 20 miles per hour (MPH). Have all persons exit units and let units deflate, F) 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, G) Do not move the units from the location where set-up; H) Do not let the inflatable unit rub up against any surface.
13. limited Warranty: KC Bubble Soccer 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. KC Bubble Soccer’s sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when KC Bubble Soccer determines that it does not conform to this warranty. KC Bubble Soccer makes no warranty of merchantability or fitness for any particular use or purpose, either express 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. KC Bubble Soccer shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in anyway attributable to the operation of, Installation of, use of, or any failure of the rental equipment. KC Bubble Soccer shall not be responsible for any defect or failure unknown to KC Bubble Soccer at the time of delivery.
14. Cancellation Policy: Customer will receive a full refund of deposit with cancellation at least 7 days prior to reservation date. If customer cancels less than 7 days prior to reservation date KC Bubble Soccer will keep the deposit but customer may apply it to a future rental within a 30 day period.
15. 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.
16. 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.
17. 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.
18. 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.
19. Entire Agreement: This Agreement constitutes the full agreement between KC Bubble Soccer 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.
RULES GOVERNING THE SAFE OPERATION
The following rules detail safe operational guidelines for the inflatable equipment you are leasing from KC Bubble Soccer Bubble Rentals. To ensure safe operation of the bubbles, it is in your best interests to have these rules read aloud by a company representative. Further, you are encouraged to direct any questions you may have about the operation of the inflatable to your representative from KC Bubble Soccer Bubble Rentals before you begin use of the equipment.
Supervision: The safety of the children depends on you. Your personal supervision is absolutely required at all times. As the lessee of this unit, the safety of all the riders is your responsibility. As the adult supervisor, you should position yourself in close proximity of the entrance to the ride and be prepared to assist riders when they enter/exit the ride.
Glasses/Jewelry: All riders MUST REMOVE GLASSES, AND ALL LOOSE JEWELRY before playing in the bubbles.
Pre-existing Health Conditions: Pregnant women, individuals with pre-existing injuries, and others susceptible to injury from falls, bumps or bouncing are not permitted in or on the inflatable unit at any time.
Inclement Weather: Once there is a threat of inclement weather, including strong winds (at or in excess of 20 mph), thunderstorms (especially when lightening is present), or severe cold weather (below 40 degrees), children should immediately exit the inflatable. The blower should thereafter be switched off and removed, and the unit allowed to deflate.
Alterations: No alteration in or attachments to the inflatable unit are allowed, period.
General Misuse: Do not allow players to hit other players when they are already down. Do not allow players to use the bubbles as chairs or sit or stand on top of the bubbles. No bubbles should come into contact with trees, sidewalks, roads, or any other rough surfaces. Make sure the area is clean of any and all debris like rocks, sticks, twigs, pinecones, and any other riders to play or climb on walls, sides or roof of inflatable. Do not allow the inflatable rub up against any surface. Unless previously authorized by KC Bubble Soccer Bubble Rentals, never place a water hose or water in general onto the inflatable. If the inflatable should become wet, have an adult wipe down unit before riders return. Inflatable should not be wet when riders enter the unit.
Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable
1. Negligence and damage to unit could result in a $200 per unit Repair Fee.
2. If unit is not repairable a fee of $35 0- $400 could result.
I hereby acknowledge, as witnessed by my signature, that a representative of KC Bubble Soccer Bubble Rentals has read aloud to me each of the above referenced safety rules cited in this agreement. I further acknowledge by my signature that I understand each of these rules and agree to abide by them completely.
I hereby acknowledge, as witnessed by my signature, that I declined to have a representative of KC Bubble Soccer Bubble Rentals read aloud to me each of the above referenced safety rules cited in this agreement. I do however agree that before commencing operation of the equipment, I will read and completely abide by the rules.
1. Unpack and layout flat all of the equipment.
2. Find power source or use generator according to attached instructions
3. Connect blower/pumps to power source
4. Each bubble will have a plug that can unscrew in two places.
a. The outer cap can unscrew to allow the bubble to be filled
b. The complete cap can be unscrewed to allow the air to be let out
5. Make sure there is a cap for each bubble and screw them in
6. Unscrew the outer cap and connect the pump and power on the pump
7. YOU MUST STAY WITH THE BUBBLE WHILE IT IS FILLING UP
a. If the bubble bursts due to negligence you may be charged for the complete cost of the bubble
8. Do not overfill the bubble. It should be filled to where it can still be squeezed by hand. About as firm as the soccer ball included with the equipment
9. Remove the pump and screw on the outer cap and push the plug into the bubble
10. Repeat steps 5-9 with each bubble
11. Turn off pump and generator and set the equipment aside
1. Unscrew the complete cap from each bubble to allow air to be released
a. Do not LAY or JUMP or SIT on the bubbles to try to remove air faster
2. You may connect the blower pump up as a DEFLATOR to help remove air
a. To do this, unscrew the tube from the top of the blower and screw it in the side
3. Once the bubbles are deflated, stack them in piles BY SIZE
a. Adult and child separate
4. Any other equipment please put near the bubbles for pickup by KC Bubble Soccer staff
5. Do not lose any of the bubble caps, balls, or pumps or you may be charged for that equipment replacement