Inflatable Rental Agreement & General Release
Ordered by: Date: | Received by: |
Contact Phone: |
Full Replacement cost:
$ = Inflatable $ = Blower Unit $ = |
Delivery Address:
City / Town / Village:_____________________________ Wisconsin Zip Code:_____________ |
Date: Day: |
Item Rented: |
Total Rental Amount: $
Delivery Charge: N / A |
Rental Date:
Start: Between 8 A.M. – 11 A.M. End: Between 5 P.M. – 8 P.M. |
Surface: ***Dry Level Grass Area Only ***
Power Source: 110 v – grounded 3-prong Electrical outlet |
Notes: | Included Equipment: |
Note: * Pickup and drop off time is approximate. Driver may arrive as early as the “End” of the “Rental Period” or as late as two hours after “End “ of “Rental Period”. Customer is responsible for all of the equipment until it is picked up by our driver. ***Unit will not be set-up if raining, high winds (15 MPH or above), no one is present, not a dry flat level grass area or any other reason that it will not be a safe rental. If raining or high winds another date may be booked if available, or a full refund will be applied.
Terms and Conditions:
1. Safety/Operating Instructions:
In addition to the information set forth in this agreement, customer acknowledges that there are safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges and understands that Ketterhagen Event Services L.L.C. has not agreed to nor have they provided any operators with this rented equipment, and that the customer, is solely responsible for correct and safe operation of this equipment. Customer further agrees to keep all equipment away from swimming pool(s) and any water supply and customer understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is an inherent risk of injury or damage arising out of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and ALL risk of injury or damage. In particular, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instructions from customer on the safe operation and use of the equipment, nor shall customer allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation.
2. General Release/Indemnity/Hold Harmless:
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Customer acknowledges that they are in charge of the operation, installation and use of the Rental Equipment, and are fully responsible for its safe operation and installation as well as the return of the Rental Equipment in good working order. Customer acknowledges and agrees that Ketterhagen Event Services L.L.C. is not responsible for any injury occurring to the Customer, or any guests of the Customer or to any other persons using the Rental Equipment, or to any claims by any other person(s) injured by or on account of the Rental Equipment, while the equipment is in the possession of the customer. Customer agrees to defend, indemnify and hold harmless Lessor (Ketterhagen Event Services L.L.C.) from and against any and all liability, claims, judgements, attorneys fees, and costs, of every kind and nature, including, but not limited to, injuries or death to persons and/or damage to property, whether or not such claimant is known or unknown to Customer, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Rental Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Rental Equipment is in the actual or constructive possession of Customer. These General Release, Indemnity and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of negligence, whether active or passive, of Lessor or Lessor’s suppliers, agents, employees, contractors, drivers or installers. Customer further acknowledges that Lessor (Ketterhagen Event Services L.L.C.) is not a food supplier or handler, and that any food related items, such as popcorn, which may be supplied with the Rental Equipment, is a straight pass through by Lessor to Customer. Since this additional service is provided to Customer as a courtesy by Lessor and so long as lessor advises Customer, in writing, after Customer requests, with the name and address of the supplier of any specific item, Customer specifically agrees to waive and release, Indemnify and hold Lessor (Ketterhagen Event Services L.L.C.) harmless from and against any and all claims of whatever kind or nature arising out of or involved with the food items supplied.
I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE NEXT PAGES, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM EITHER THE CUSTOMER NAMED ABOVE, OR AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT ON THEIR BEHALF AND AS THEIR AGENT. FURTHERMORE, I AGREE THAT I AM ALSO BINDING MYSELF PERSONALLY AS AN ADDITIONAL PARTY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Customer Signature________________________________________________________________________ Date:____________________
Print Name__________________________________________________________________________
Driver’s License Number__________________________________________ State___________________ Exp.______________________
Second ID Viewed (type)______________________________________________________________________________________________
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Remove Shoes Glasses and ANY SHARP objects from your person upon entering the inflatable
Inflatable will not be set up if Raining, Threat of Rain or Winds over 15 MPH.
ADDITIONAL TERMS AND CONDITIONS
In consideration of the hiring of that certain Rental Equipment described on the second page of this Rental Agreement and General Release and in addition to all of the terms and conditions set forth on the second page of this agreement, the parties do further agree as follows:
3. Identity of parties:
For the purposes of this Rental Agreement and General Release, “ Lessor” Ketterhagen Event Services L.L.C. shall mean Ketterhagen Event Services L.L.C. its owners, officers, directors, shareholders, employees, contractors, agents and “Customer” Shall mean the person(s) or company listed in the “ordered by” and/or “customer” boxes on the first 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 Ketterhagen Event Services L.L.C., as Lessor, that certain equipment described on the first page of this agreement. The rental fee set forth is payable, in full, in Cash, at drop off, and the rental term shall be listed as “RENTAL PERIOD” on the first page of this Agreement, but all of the Customers 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 Lessor. Lessor cannot guarantee weather conditions, and if the equipment is delivered by Lessor and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if weather conditions prohibit safe use of the Equipment, or if Customer otherwise elects not to use the Equipment due to weather or other causes.
5. Delivery:
Lessor shall deliver the Rental Equipment to the street address specified by Customer (Residential Addresses Only) as listed on the first page of the Agreement. Customer grants to Lessor the right to enter the property at the said street address (Delivery Address) 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.
6. 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.
7. 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 Lessor. 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 the Lessor the full non-depreciated replacement value for such Equipment as listed on the first page of the Agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Lessor. Title to the rental items is and shall remain in Lessor. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Lessor’s delivery of the items, until Lessor 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, Lessor may retake possession of said items without further notice or legal process and use whatever force is reasonably and legally necessary to do so. Customer hereby agrees to indemnify, defend, and hold Lessor 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 Lessor immediately.
8. Care of the Rental Equipment:
Remove Shoes, Glasses, and any Sharp Objects from your person before entering the inflatable. 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. The inflatable will not be set-up in the event of rain, or threat of rain, or threat of any severe weather conditions, or winds greater than 15 MPH. Customer shall be liable to the Lessor for any and all damage which is not “ordinary wear and tear”. In an amount equal to the replacement value listed on the first 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, drying due to rain and/or not limited to sprinkler system, hoses, super soakers, etc., contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string (see Paragraph 10), mud, clay, or other materials. If the Rental Equipment is found to be and returned to the Lessor excessively dirty an additional “Heavy Cleaning Surcharge of $200.00 will be assed and due immediately.
9. Equipment Problems: Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand the operating instructions, Customer agrees to immediately cease use of that equipment.
In particular, if the equipment includes a Jumper, Combo, or Wet/Dry slide begins to deflate customer will immediately have the riders exit and check for the following conditions:
1) The blower has stopped; in which case check that the switch is turned to the on position and that all the cords are plugged in and that the circuit breaker has not popped.
2) If the blower continues to run, check for a 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 or if disconnected, re-connect to blower. Also check to see if the zippers have been un-zipped if so re-zip.
3) If either of these steps corrects the problem, fully re-inflate the unit prior to permitting anyone to use the unit.
4) If you cannot correct the problem, call 1-262-432-5006 for assistance.
Signature of Acknowledgment___________________________________________________________________ Date________________
REMOVE SHOES, GLASSES, AND ALL SHARP OBJECTS FROM YOUR PERSON PRIOR TO ENTERING THE INFLATABLE Continue Next Page
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10. Specific Rules and Instructions for the Inflatable Unit:
The following rules and warnings must be obeyed in the use of the inflatable unit:
A) All safety and operating instructions contained on the unit must be complied with and followed at all times.
B) For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES! A responsible ADULT must supervise the Inflatable at all times. No one shall operate, supervise or enter the Inflatable, if under the influence of DRUGS OR ALCOHOL or any other legal or illegal drug or substance. No one should enter the inflatable with any type of existing injury.
C) No “Silly String” is permitted to come into contact with the inside or outside of the Inflatable, this causes irreparable damage to the unit and the Customer acknowledges that if the inflatable is damaged by “Silly String” or any product like “Silly String”, or damaged in any way, then a $3,790.00 fee shall be automatically imposed by Lessor and shall be immediately due and payable by Customer.
D) All riders must remove items such as glasses, dangle earrings, anklets, bracelets, belts, shoes, and any sharp or bulky items that may reside in pockets.
E) No Horse Play in or around the inflatable unit at any time. Do not play or climb on the outside walls, netting or side columns or roof of the inflatable unit.
F) WARNING- extra caution and supervision are required for children ages three (3) and under.
G) WARNING- it is unsafe to stay in the unit if winds exceed 15 miles per hour (MPH) or raining or threat of rain. Have all persons exit the Inflatable, AND IMMIDIATELY DEFLATE THE UNIT AND UNPLUG THE BLOWER. Move Blower into a dry safe area.
H) 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 Inflatable at any time.
I) Do not move the inflatable from the location it was set-up.
J) If the Inflatable unit moves, pull corners back to their original location and secure corners. For other questions regarding the safe installation of the equipment, please call 1-262-432-5006 immediately.
K) Do not let the Inflatable unit rub up against any surface. Examples: Fences, Walls, Etc.
L) ABSOULUTELY NO FOOD OR DRINKS INSIDE OF THE INFLATABLE UNIT.
M) ABSOULUTELY NO SMOKING OF ANY KIND IN THE INFLATABLE UNIT OR WITHIN 15 FEET OF THE UNIT.
N) ABSOULETELY NO GRILLS, SMOKERS OR OPEN FLAME WITHIN 20 FEET OF THE INFLATEBLE UNIT. Open flames cause a severe fire risk and may cause death.
O) ABSOULTELY NEVER PLACE THE INFLATABLE IN OR NEAR A SWIMMING POOL OF ANY SIZE OR SHAPE. The inflatable units are not designed to be set up or used in that configuration. This may cause severe injury and or DEATH.
“ I have read and understand the terms outlined in paragraph 10” Initial Here ____________________________
11. Limited Warranty:
Lessor 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. Lessor’s sole and exclusive obligations under this warranty is limited to repair or replacement of the Rental Equipment when Lessor determines that it does not conform to this warranty. Lessor 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.
Lessor shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
12. 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, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the 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.
13. 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, an amount to be determined by the court arbitrator.
14. 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 if freely, intelligently and without duress of any kind.
15. 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 the Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.
16. Entire Agreement:
This Agreement constitutes the full agreement between Lessor and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force of effect. 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 is acknowledged by Customer.
Signature of Acknowledgement ____________________________________________________________________________ Date____________________