Funscapes Rental Agreement

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1. APPENDIX A: SITE REQUIREMENTS
2. APPENDIX B: SAFETY & OPERATING INSTRUCTIONS
3. APPENDIX C: WEATHER RESTRICTIONS
4. APPENDIX D: PROHIBITED ITEMS
5. APPENDIX E: CLEANING, DAMAGE & THEFT POLICY
6. APPENDIX F: INFLATION/DEFLATION INSTRUCTIONS
7. APPENDIX G: CANCELLATION POLICY

PLEASE READ ALL SECTIONS CAREFULLY: YOUR SAFETY (AND YOUR FAMILY'S AND GUESTS' SAFETY) IS OUR ABSOLUTE HIGHEST PRIORITY, AND IT IS CRITICAL THAT ALL SAFETY INSTRUCTIONS AND PROCEDURES, INCLUDING REFERENCES TO INFORMATION POSTED ONLINE, POSTED ON THE EQUIPMENT ITSELF, OR OTHERWISE PROVIDED BY THE COMPANY OR EXPLAINED VERBALLY BY THE COMPANY, ARE FOLLOWED AT ALL TIMES.

For the purposes of this Rental Agreement: (i) "Company" shall mean Funscapes Rentals LLC (ii) "Renter" shall mean you, the person renting the Equipment, (iii) "Equipment" shall mean the items listed above, together with any accessories delivered or to be delivered (whether or not specifically mentioned above), (iii) "Rental Period" shall be defined as commencing upon delivery of Equipment to the Event Address and shall continue until pick-up of Equipment by the Company from the Event Address.

I. Assumption of Risk, Release & Waiver of Liability, and Indemnity Agreement

Consideration/Binding Effect Today and in the Future. Renter is signing this document in consideration for being allowed to rent the Equipment and for all other related services pursuant to the terms of this Rental Agreement. Renter understands that this Assumption of Risk, Release & Waiver of Liability, and Indemnity Agreement is intended to be valid and binding at all times, now and in the future, even after the Rental Period ends.

Renter, on behalf of himself/herself/themselves as well as his/her children, parents, heirs, assigns, employees, agents, guests, and representatives, and to the fullest extent allowed by Michigan law, affirm(s) and agree(s) each and every one of the following:

a) I acknowledge that the rental, use and/or operation of the Equipment (as well as the installation and/or removal of the Equipment by or on behalf of the Company) entail risks that could result in physical, emotional, and/or economic injuries or losses that include, but are not limited to, broken bones, sprained or torn ligaments, paralysis, death, loss of the use of property, loss of enjoyment of life, loss of profits, damage to goodwill, and all other forms of injury, damage, or loss to myself/ourselves, my/our child(ren), parents, heirs, assigns, employees, agents, guests, representatives, third parties, and others. I understand these risks and dangers, and I expressly agree to assume all of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am NOT relying on the Company to list all possible risks in this document or any time.

b) I fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (present or future) against the Company and its members, managers, employees, agents, heirs, representatives, assigns, affiliated persons, and others acting on their behalf (hereafter collectively referred to as "The Released Parties"), whether the claims are known, unknown, anticipated or unanticipated, and whether caused by their ordinary negligence or other legal liability, resulting directly or indirectly from or arising out of any or all of the following: the rental, installation, operation, use, presence, and/or removal of the Equipment and accessories at any time and at any location. The term "damages" means, for example, medical expense,s any and all claims or losses because of bodily injuries, mental/emotional injuries, property damages, death, and/or personal property damages. In accordance with Michigan law, however, I am not releasing The Released Parties from loss, injury, or damage that is directly caused by their gross negligence or willful and wanton misconduct.

c) To the fullest extent allowed by law, I also agree to indemnify and hold harmless The Released Parties against all claims, demands, or lawsuits that are brought against The Released Parties (or any of them) by any third person(s) ["third persons" are people who are not parties to this Agreement, including, but not limited to, all persons using or near the Equipment and accessories, my tsrelatives, guests, employees, agents, etc.] and which are in any way connected, directly or indirectly, with the rental, use, and/or operation of the Equipment and accessories at any time and at any location, including claims that allege acts or omissions of The Released Parties that are negligent. This indemnification shall also include reimbursement of The Released Parties' reasonable attorney fees.

d) I agree to strictly and diligently follow ALL of the Company's Requirements and Rules (including, but not limited to: Site Requirements; Safety & Operating Instructions; Weather Restrictions; Prohibited Items; Cleaning, Damage & Theft Policy; Inflation/Deflation Instructions; and all policies related to the rental, use and/or operation of the Equipment and accessories.

e) BY SIGNING THIS RENTAL AGREEMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR IF PROPERTY IS DAMAGED AS A DIRECT OR INDIRECT RESULT OF THE RENTAL, USE, AND/OR OPERATION OF THE EQUIPMENT AND ACCESSORIES, I (OR OTHERS REFERENCED IN THIS DOCUMENT) MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO BRING A LAWSUIT AGAINST ANY OR ALL OF THE RELEASED PARTIES.

II. Miscellaneous

The Company makes no warranties or representations, express or implied, about the safety of any of the Equipment. Renter acknowledges and agrees for himself, herself, itself and any personal representatives, heirs and next of kin that he, she or it assumes full responsibility for the safe use and operation of the Equipment during the Rental Period. Renter warrants and represents that he, she or it will, at all times, supervise the safe use and operation of the Equipment.

Renter further expressly agrees that the foregoing Assumption of Risk, Release & Waiver of Liability, and Indemnity Agreement, as well as all other provisions of this Rental Agreement, are intended to be as broad and inclusive as is permitted by law and that if any portion of this agreement is determined to be invalid by a court of competent jurisdiction, then the remainder of this agreement shall remain in full force and effect.

This Rental Agreement represents the entire agreement of the parties concerning the subject matter above and integrates all previous discussions and understandings of either party. Any amendments to this Rental Agreement must be in writing and signed by all parties. Renter understands and agrees that no oral representations or statements have been made by the Company other than as set forth herein.

 

I REPRESENT AND AFFIRM EACH OF THE FOLLOWING:

a) I AM AT LEAST 18 YEARS OF AGE, AND AM CAPABLE OF (AND, AS APPLICABLE, AUTHORIZED TO) SIGN THIS RENTAL AGREEMENT;

b) I AM OF SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS;

c) I HAVE READ AND UNDERSTOOD ALL APPENDICES OF THIS RENTAL AGREEMENT, INCLUDING:

1. APPENDIX A: SITE REQUIREMENTS
2. APPENDIX B: SAFETY & OPERATING INSTRUCTIONS
3. APPENDIX C: WEATHER RESTRICTIONS
4. APPENDIX D: PROHIBITED ITEM
5. APPENDIX E: CLEANING, DAMAGE & THEFT POLICY
6. APPENDIX F: INFLATION/DEFLATION INSTRUCTIONS
7. APPENDIX G: CANCELLATION POLICY

d) I HAVE READ THIS ENTIRE RENTAL AGREEMENT, I FULLY UNDERSTAND IT, AND I VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS;

e) IF I AM SIGNING THIS RENTAL AGREEMENT ON BEHALF OF AN ENTITY, SUCH AS A CORPORATION OR LLC, I REPRESENT THAT I HAVE FULL AUTHORITY TO BIND THE ENTITY TO THE TERMS OF THIS RENTAL AGREEMENT; AND

f) ALL OF THE INFORMATION THAT I HAVE PROVIDED IN THIS RENTAL AGREEMENT IS TRUE AND ACCURATE.

APPENDIX A: Site Requirements

Safety is the number one priority for Funscapes. As a renter of our Equipemnt, you must ensure that all Site Requirements are met prior to your signing this Rental Agreement.

a) Sufficient open space and level surface, free of any obstructions is required.

b) Renter agrees to secure the setup area from the time of delivery to the time of pick-up to prevent unauthorized or unsupervised persons from accessing the Equipment during the Rental Period.

c) Setup area must be a grass surface, with no rocks, sticks, animal waste, or other objects, and the ability to drive 18" to 36" anchoring stakes around the perimeter of the inflatable unit(s).

d) No overhead risks, such as power lines or tree branches.

e) No unmarked underground lines, including, but not limited to, irrigation, electrical, gas, or cable TV. Renter is strongly encouraged to contact MISS DIG (by dialing 811) to confirm there are no unmarked underground lines in or near the setup area, as 18" to 36" stakes may be driven into the ground to secure the Equipment. Any damage to, or resulting from, unmarked underground lines are the responsibility of the Renter.

f) Sufficient available amperage (as specified online at www.funscapesrentals.com in the respective item details page) from GFCI protected electrical outlets is available within 50' of the proposed setup location along a safe path.

g) For water slides, Renter must supply a water source and an unbroken hose (no holes, with intact hose union connector) of sufficient length to reach the proposed setup location along a safe path.

h) Any required permits from the city, municipality, or other entity, are the sole responsibility of the Renter.

In the event of any questions or concerns regarding the Site Requirements, the Renter must contact the Company by email at rentfunscapes@gmail.com prior to signing this Rental Agreement (booking requires acceptance of this Agreement during checkout). Should the Company only be made aware at the time of delivery that the Renter is unable to meet the Site Requirements, the Company may not be able to set up the Equipment, in which case, the terms of the Cancellation Policy would apply.

Renter hereby acknowledges, understands, and accepts responsibility for ensuring compliance with all Site Requirements before and throughout the Rental Period.

 

APPENDIX B: Safety & Operating Instructions

Safety is our top priority, but ultimately it is your responsibility as the Renter to ensure that all attendants and users of the Equipment understand and, at all times, uphold all safety guidelines, rules of operation, and any other instructions or responsibilities mentioned in this Rental Agreement, including references to information posted online, posted on the Equipment itself, or otherwise provided by the Company or explained verbally by the Company, are followed at all times.

All Inflatable Units:

a) All item-specific age, weight and capacity restrictions are available online at www.funscapesrentals.com in the respective item details page(s).

b) Supervisors Required must be responsible, unimpaired adults, who can actively supervise and monitor, and, if required, promptly physically remove from the inflatable unit any participant(s) who may be engaging in unsafe behavior or endangering themselves or others.

c) A minimum of two (2) attendants per inflatable unit must be present and actively supervising all users of the inflatable unit at all times, or the inflatable unit must be shut down immediately (per the Inflation/Deflation Instructions outlined herein). The Company recommends the use of whistles by all attendants.

d) All participants must be instructed on proper use of the inflatable unit by the attendant before entering or using the inflatable unit.

e) All age, weight and capacity restrictions for each inflatable unit must be followed at all times.

f) All participants using an inflatable unit at any one time must be of similar age, height, and weight; never allow smaller or younger participants to use an inflatable unit together with larger or older participants.

g) No footwear is allowed in or on the inflatable unit. All participants shall wear clean and dry socks prior to entering and at all times during use of the inflatable unit; no bare feet are permitted in the inflatable unit, except for water slides or other inflatable unit intended for wet use.

h) Pregnant women, or persons with current or past head, neck or back injuries, current or past joint or musculoskeletal conditions, any respiratory conditions, any heart or circulatory conditions, or otherwise not in sound physical and mental health, must not be permitted to use any inflatable unit.

i) No rough-housing, wrestling, or gymnastics (such as somersaults, back-flips, etc.) allowed in or near the inflatable unit.

j) Never allow participants to climb the exterior walls or structures, or any interior walls or structures, of the inflatable unit other than the designated steps or climbing areas.

k) Do not allow persons to play or linger near the entrance(s)/exit(s) of the inflatable unit or walk around the back side of the inflatable unit, especially in close proximity to the blower or electrical sources.

l) Keep the area around the inflatable unit clean and clear of objects to avoid any trip or impalement hazards, or any damage to the inflatable unit; never allow any heat or flame source, or electrical items (except the blower/siren), near the inflatable unit or accessories.

m) Never spray water onto or near the inflatable unit, even if it is a water slide; keep all water sources away from all electrical cords, blowers, and sirens, and never allow electrical items to be placed or used near any water slides, or other inflatable units designed for "wet" use.

n) If the inflatable unit is wet, thoroughly dry all surfaces with a towel before allowing any persons to use the inflatable unit, excepting water slide surfaces.

o) Never move or relocate any inflatable unit. If any inflatable unit needs to be moved or relocated for any reason, please call the Company first at (937) 553-1190

p) Prohibited Items (as outlined in Prohibited Items section herein) shall not be allowed on or near any surface of the inflatable unit, and any persons wearing, holding or otherwise handling any Prohibited Items shall not be allowed inside the inflatable unit.

q) Supervisors of the inflatable unit must regularly inspect the inside, outside, and surrounding areas of the inflatable unit for safety hazards or Prohibited Items. If there are signs of air loss, such as sagging walls or pillars, or any visible rips, tears, or other safety hazards, discontinue use of the inflatable unit immediately (per the Inflation/Deflation Instructions herein), then call the Company at (937)553-1190.

r) If there is an injury or incident related to the inflatable unit, or any Equipment, immediately suspend use and seek medical attention, parental assistance, and, if appropriate, call 911 immediately. If the injury is to the head, neck, or back, do not move the injured party and call 911 immediately. After medical attention has been dispatched and the injured party is receiving care, please call the Company at (937)553-1190; any accidents or injuries must be reported to the Company as soon as safely and practically possible.

Inflatables with either Dry Slide or Water Slide:

s) Only one participant is allowed on each slide platform at a time, in a seated position.

t) Never allow participants to stand on, or jump from, the slide platform.

u) Always ensure that participants slide feet first from a seated position on the slide platform.

v) Always ensure that the participant has exited the slide landing area before another participant is allowed on the slide platform.

w) Slide participants are not permitted to climb up the slide.

Inflatables with a Water Slide:

x) Wet surfaces are slippery; no running is allowed on or near the inflatable unit(s).

y) Damage can occur to water slides, or other inflatable unit(s) intended for wet use, as a result of waterlogging of the inside of the inflatable unit(s). Renter agrees to take the following preventative measures:

1. The only permitted water sources are those installed onto the inflatable unit(s) at the time of setup; never spray water onto the inflatable unit(s) or add additional water sources.
2. Do not tamper with or adjust the water flow settings of the inflatable unit(s) as set up by the Company.
3. When deflating the inflatable unit(s), turn off the water supply only at the source (i.e. Renter's hose bibb / faucet) at least 20 minutes prior to deflating the inflatable unit(s); never deflate the inflatable unit(s) while the water supply is on.
4. Prior to deflating the inflatable unit(s), all standing water should be removed from the inflatable unit(s), and any wet surfaces should be wiped down, unless doing so is a safety hazard (e.g. inclement weather, air loss, etc.).

All Other Equipment:

z) Equipment may only be operated by a responsible, unimpaired adult; never allow a child or minor to operate, or assist in the operation of, any Equipment.

aa) Renter shall ensure all safety and operating instructions provided verbally and in writing by the Company, and as posted online at www.funscapesrentals.com in the respective item details page(s), are followed at all times.

bb) Never move or relocate any of the Equipment. If any Equipment needs to be moved or relocated for any reason, please call the Company at (937)553-1190.

If you have any questions regarding the safe operation of any Equipment or if a copy of this Rental Agreement or any referenced details at www.funscapesrentals.com are unavailable or inaccessible at any time during the Rental Period, please safely cease operation of the Equipment and call us at (937)553-1190.

Renter hereby acknowledges full understanding of all Safety & Operating Instructions and confirms that it is the Renter's responsibility to ensure all Safety & Operating Instructions are fully understood and, if required, explained or demonstrated by the Company at the start of the Rental Period.

 

APPENDIX C: Weather Restrictions

Weather conditions can change suddenly and unexpectedly. No inflatable unit should be used in the event of winds or gusts over 15 mph, or thunder, lightning, hail, persistent or heavy rain, or any other inclement weather or severe weather warnings.

a) Monitor present weather conditions and local weather forecasts for impending inclement weather or severe weather warnings.

b) Wind speed should be continually monitored to ensure wind speed and gusts are below 15 mph (see Beaufort Wind Scale below). In the event of winds or gusts over 15 mph, or thunder, lightning, hail, persistent or heavy rain, or any other inclement weather or severe weather warnings:

1. Immediately discontinue use of the inflatable unit(s) and deflate as per the Inflation/Deflation Instructions herein; and

2. Promptly call the Company at (937)553-1190.

Beaufort Wind Speed Scale

• 0-3 mph: Calm, Light Air: Calm Wind not felt on skin. No wind visible in trees.

• 8-12 mph: Gentle Breeze: Leaves and smaller twigs in constant motion.

• 13-18 mph: Moderate Breeze: Dust and loose paper is raised. Small branches begin to move.

• 19-24 mph: Fresh Breeze: Smaller trees sway.

• 25-31 mph: Strong Breeze: Large branches in motion. Whistling heard in overhead wires. Umbrella use becomes difficult.

Renter hereby confirms that he or she, in addition to all attendants, fully understands how to use the Beaufort Scale above and agrees to ensure that wind speeds, gusts, and other inclement weather conditions are continually assessed during the Rental Period.

Renter agrees to ensure the weather-related safety instructions above are followed at all times and further acknowledges potential for damages, serious injury or death if use of the Equipment is continued when wind speed or gusts exceed 15 mph.

 

APPENDIX D: Prohibited Items

The use of Prohibited Items in relation to the inflatable unit (including participants dirtied with any Prohibited Items, as applicable), in addition to presenting a potential safety hazard to participants, will likely damage the inflatable unit. Any such damage would be subject to the Cleaning, Drying, Damages & Theft Policy, and will expose the Renter to potentially significant repair and/or replacement charges.

a) No silly string

b) No face paint, glitter or confetti

c) No food, drinks, gum, or candy

d) No cleaning products of any kind, except as provided by the Company

e) No watches, jewelry, glasses, or cell phones

f) No keys or other sharp objects

g) No shoes, sandals, or footwear of any kind, except for clean and dry socks

h) No toys or other objects, except for items provided by the Company specifically for use in conjunction with each inflatable

i) No pets

Renter hereby confirms reviewing the list of Prohibited Items above and agrees to ensure that no Prohibited Items are brought on or into, or used in relation to, the inflatable unit.

 

APPENDIX E: Cleaning, Damage & Theft Policy

a) Renter assumes all responsibility for the Equipment during the Rental Period, including during overnight period(s), if applicable. In the unfortunate event of theft, vandalism, or other loss or damage relating to the Equipment during the Rental Period, the Renter acknowledges that the Company may charge for the repair, or, at its sole discretion, the replacement cost, of the Equipment.

b) Renter shall be responsible for any and all damage to any of the Equipment not caused by ordinary wear and tear, defined as only the normal deterioration of the Equipment caused by ordinary, reasonable and proper use of the Equipment. 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, contamination or dirtying of Equipment with chemicals, cleaning materials, biohazards, or any of the Prohibited Items.

c) Renter agrees to wipe down the inflatable unit with a towel to remove any water, dirt, grass, or other debris, at the end of the Rental Period; Renter understands that excessive dirt, debris, or water (if excess water is caused by Renter's failure to adhere to rules and instructions included as part of this contract), may result in an additional cleaning and drying charge of no less than $50.00, to be reasonably assessed at the Company's discretion.

Renter hereby acknowledges, understands, and agrees to the Cleaning, Drying, Damages & Theft Policy.

 

APPENDIX F: Inflation/Deflation Instructions

Inflation Instructions:

a) Ensure that all anchor points of the inflatable unit continue to be secured with stakes no shorter than 18" (as installed at time of setup), driven fully into the ground with no unmarked trip or impalement hazards.

b) Ensure the surrounding areas are free of persons, debris, or other objects which may damage or become entangled upon inflation of the inflatable unit.

c) Tightly secure the air tube connections of the inflatable unit to the blower; ensure zippers and Velcro of all deflation ports are properly closed and secured.

d) Ensure all electrical equipment, including power cords and connections, are dry and not near any standing water.

e) Reconnect power to the siren at the source (i.e. at Renter's electrical outlet, or at the generator), reconnect the blower to the siren, and switch on the blower; upon full inflation, arm the siren (using the switch on underside of the siren).

f) Ensure that inflatable unit shows no signs of sagging walls or pillars; inspect the interior of the inflatable unit for any visible rips, tears, or safety hazards.

g) If the inflatable unit is wet, thoroughly dry all surfaces before allowing any persons to use the inflatable unit, excepting water slide surfaces which may be wet during use.

h) Ensure all safety mat(s) are secured at entrance(s)/exit(s) of inflatable unit and that no trip or impalement hazards are present near the inflatable unit.

i) Ensure that at least two attendants are in place and ready to supervise prior to allowing any participants to use the inflatable unit.

Deflation Instructions:

a) Ensure all participants have safely exited the inflatable unit.

b) Ensure the surrounding areas are free of persons, debris, or other objects which may damage or become entangled upon deflation of the inflatable unit.

c) Disarm the blower siren (using the switch on the underside of the siren).

d) Disconnect power to the siren from the source (i.e. at Renter's electrical outlet, or at the generator).

e) If storing overnight or for any period of time without direct supervision, disconnect the blower from the inflatable unit and lock up the blower and siren in a secure location.

f) Ensure no persons, animals, or objects are allowed near the deflated inflatable unit, blower, or siren, as applicable.

 

APPENDIX G: CANCELLATION POLICY

a) Rentals must be cancelled at least 7 days prior to your scheduled Rental Period to receive a full refund. Cancel at least 72 hours before the Rental Period for a 50% refund.

b) Cancellations made by the Company due to unforeseen weather conditions will receive a 100% refund.

c) The Company reserves the right to cancel reservations due to any conditions deemed unsafe, most notably, the failure to meet important Site Requirements or unexpected severe weather.

d) In the event of cancellation at the time of delivery due to a failure to meet important Site Requirements , any potential refund will be at the discretion of the Company.

Renter hereby acknowledges full understanding of the Inflation/Deflation Instructions and confirms that it is the Renter's responsibility to ensure all Inflation/Deflation Instructions are followed and fully explained and, if required, demonstrated by the Company at the start of the Rental Period.