Jump And Jam Long Island INC.
TERMS AND CONDITIONS:
NOTE: Driver pick-up time is approximate. Driver may arrive as early as 7AM on rental date or up to 30 minutes prior to start time of the rental. Pickup can be after 8pm of the day of the party or as late as 5PM the following day to pick up the equipment unless other arrangements are made prior to rental. 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.
1. Safety/Operating Instructions: In addition to the information set forth in this agreement, the 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 JUMP AND JAM LONG ISLAND INC. has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children's safety depends upon customer providing AT ALL TIMES correct operation of and the use of the equipment. Customer further agrees to keep all equipment away from swimming pool(s) 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 a 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 instruction 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: I, the renter, 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. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless JUMP AND JAM LONG ISLAND INC. 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. or anyone acting on behalf of JUMP AND JAM LONG ISLAND INC. be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold JUMP AND JAM LONG ISLAND INC. Harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against JUMP AND JAM LONG ISLAND INC., it is agreed to do so solely in the State of New York. 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 JUMP AND JAM LONG ISLAND INC. to use its equipment and facilities the undersigned and it participants agree to indemnify and hold harmless JUMP AND JAM LONG ISLAND INC. 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.
3. Identity of parties: For the purposes of this Rental Agreement. JUMP AND JAM LONG ISLAND INC. " shall mean its owners, officers, directors, shareholders, employees, contractors, agents and "Customer" shall mean «customer» 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, guests, relatives and any one else using the rented equipment.
4. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from JUMP AND JAM LONG ISLAND INC. 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 «date»: «start»-«end» 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 JUMP AND JAM LONG ISLAND INC.. If the Equipment is delivered by JUMP AND JAM LONG ISLAND INC. 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. Returned Check policy: In the event that a check is returned to JUMP AND JAM LONG ISLAND INC. for insufficient funds customer agrees to pay the total rental price as well as an additional $50.00 fee JUMP AND JAM LONG ISLAND INC. in cash immediately upon notice.
6. Weather: JUMP AND JAM LONG ISLAND INC. 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: JUMP AND JAM LONG ISLAND INC. shall deliver the Rental Equipment to specified by Customer as listed on the invoice page of this Agreement. Customer grants to JUMP AND JAM LONG ISLAND INC. true right to enter the property at 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 JUMP AND JAM LONG ISLAND INC.. 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 JUMP AND JAM LONG ISLAND INC. 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 JUMP AND JAM LONG ISLAND Title to the rental items is and shall remain in JUMP AND JAM LONG ISLAND INC. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of JUMP AND JAM LONG ISLAND INC. delivery of the items, until JUMP AND JAM LONG ISLAND INC. 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, JUMP AND JAM LONG ISLAND INC. 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 JUMP AND JAM LONG ISLAND INC. 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 JUMP AND JAM LONG ISLAND INC. immediately. If at time of pick-up driver(s) is unable to gain access to retreive equipment and has to wait for more than 15 minutes or has to return to pick-up items, a resonable fee will be emposed to cover labor/fuel costs which will be determined by management with a minimum fee of $25. JUMP AND JAM LONG ISLAND INC. has the right to charge credit card on file for such fees unless customer specifies other payment options.
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 JUMP AND JAM LONG ISLAND INC. 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. 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 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 into the house to make sure that it has not been unplugged; 2) If 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 reinflate the unit prior to permitting anyone to use the unit 4) If you cannot correct the problem, call our office at 516-481-9067.
12. a 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 contained on the inflatable must be complied with and followed at all times; B) For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES; C) No silly string Is permitted to come In contact with the inside or outside of the inflatable unit, this causes Irreparable damage to the inflatable, and Customer acknowledges that If the inflatable Is damaged by "Silly String", then a $50 per hour cleaning fee shall be automatically imposed for a minimum of 4 hours by JUMP AND JAM LONG ISLAND INC. and shall be Immediately due and payable by Customer D) WARNING - extra caution and supervision are required for children ages three (3) and under, E) WARNING - It is unsafe to stay In inflatable if winds exceed 15 miles per hour (MPH). Have all persons exit inflatable, then unplug the blower unit and let inflatable 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 inflatable from the location where set-up; H) If the inflatable unit moves, pull corner(s) back to their original location(s) and resecure; For other questions regarding the safe installation of equipment, please call our office at 516-481-9067 I) Do not let the inflatable unit rub up against any surface.
12. b Delivery/Site Instructions: Our drivers have a schedule to follow and we deliver many parties/events in one day. Due to this schedule we ask that you please follow the following rules to ensure that everyones event that we deliver will be on time. Prior to delivery customer must make sure that area where equipment is to be set up in is free of all debris including animal fecis, garbage, etc. If setup is delayed more than 15 minutes due to any reason, a fee will be imposed at $2 per minute over the first 15 minutes if the setup crew is unable to setup the equipment upon delivery. Upon delivery we will need at least a three foot wide walk way from where we park the delivery vehicle to the setup location of the equipment. Please move vehicles out of driveway prior to delivery of the equipment if they will be in the way while setting up. If you have a narrow gate/entrance way or if you have stairs or step hills on your property please let us know during booking so we can allow extra time for setup. *****If setup is on any surface other than grass we need to know prior to delivery so we can bring the proper weights to ancor the inflatable, once the delivery truck leeves the warehouse it can not go back to get supplies.******* If we are unable to set up the equipment beacuse there is insufficient space customer is responsible for 50% of the rental rate to cover delivery and fuel costs. If we are able to assist you with providing you with a different unit we will try to accomidate you but we can not guarantee avilability.
12 c. Payment: Payment must be ready for the delivery crew at time of delivery. If paying with a credit card it must be processed before the event date. We can not process credit cards the day of the event so please have cash ready. We are unable to wait for a customer to run to the atm the day of the event. If we have to wait longer than 15 minutes for payment your credit card on file will be charged a waiting fee of $2 per minute every minute over the first 15 minutes to cover labor costs.
13. limited Warranty: JUMP AND JAM LONG ISLAND INC. 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. JUMP AND JAM LONG ISLAND INC. sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when JUMP AND JAM LONG ISLAND INC. Determines that it does not conform to this warranty. JUMP AND JAM LONG ISLAND 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. JUMP AND JAM LONG ISLAND INC. 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. JUMP AND JAM LONG ISLAND INC. shall not be responsible for any defect or failure unknown to JUMP AND JAM LONG ISLAND INC. at the time of delivery.
14. Deposit/Cancellation Policy: Due to last minute cancellations a 25% deposit is due at time of booking. If you need to cancel do to incliment weather we will offer you a refund of your deposit. If you need to cancel due to other circumstances your deposit is forfited but we will offer you a credit towards a future rental so your money is not lost.
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. Fees: Customer agrees to pay any/all fees listed in this agreement in addition to the agreed upon rental rate and authorizes JUMP AND JAM LONG ISLAND INC. to charge credit card on file if need to cover costs that are not included in the rental rate if needed.
20. Entire Agreement: This Agreement constitutes the full agreement between JUMP AND JAM LONG ISLAND INC. 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.
I, _____________________________ (Print Name), HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM THE CUSTOMER ANDAM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT AND FOLLOW ALL GUIDLINES WITHIN THE AGREEMENT WHICH CONSISTS OF 4(FOUR) TOTAL PAGES.
Customer: __________________________ __________
Sign Name Date
RULES GOVERNING THE SAFE OPERATION OF EQUIPMENT
The following rules detail safe operational guidelines for the inflatable equipment you are leasing from JUMP AND JAM LONG ISLAND INC. Inflatable Rentals. To ensure safe operation of the inflatable, 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 JUMP AND JAM LONG ISLAND INC. Inflatable Rentals before you begin use of the equipment. lessee of this inflatable 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.
Age Groups: Only compatible age groups and sizes shall play on the inflatable at the same time. The following are guidelines asto the number of riders that may be on the inflatable unit at the same time: Ask your delivery/set-up staff what is recomended for the item you are renting.
BOUNCER-- CHILDREN UP TO AGE 7: 10-12 SLIDE--MAXIMUM 5 PEOPLE OF equal size/weight
CHILDREN AGES 8 - 12: 7-10 COMPARABLE Height/WEIGHT, INDIVIDUALS OVER 12: 5-7 HEIGHT, & SIZE
Shoes/Glasses/Jewelry: All riders MUST REMOVE SHOES, GLASSES, AND ALL LOOSE JEWELRY before playing in the inflatable.
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.
Flipping/Wrestling/Piling: Improper use of the inflatable includes flipping in the air, wrestling, and riders piling on them selves. Such activity may result in neck and back injuries to riders.
Installation: Do not remove the inflatable from the area where it was installed. If the inflatable unit moves, pull it by one of its corners back to its original location of installation. Keep the inflatable unit away from swimming pools and other sources of water at all times.
Inclement Weather: Once there is a threat of inclement weather, including strong winds (at or in excess of 15 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.
Deflation: Should the unit begin to deflate, do the following: First, have all children exit the unit immediately. Next, if the motor has stopped, make sure that it has not been unplugged. If the motor is still running, check the air intake on the side of the motor for blockage, and check both blower tubes on the inflatable unit to make sure that they are tightly tied off. Never allow riders in or on a partially inflated unit.
Alterations: No alteration in or attachments to the inflatable unit are allowed, period.
General Misuse: Do not allow 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 JUMP AND JAM LONG ISLAND INC. Inflatable Rentals, never place a waterhose 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. Spilled food, drink,dirt, grass, mud or the use of Silly String will result in a $100-$500 Cleaning Fee.
2. Negligence and damage to unit could result in a $400-$1000 Repair Fee.
3. If unit is not repairable a fee of $2000-$8000 could result.
I hereby acknowledge, as witnessed by my signature, that a representative of JUMP AND JAM LONG ISLAND INC. Inflatable Rentals has given me a copy and has reviewed with 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.
Customer: __________________________ __________________________ __________
Print Name Sign Name Date
Lessee understands and acknowledges that the blower is to be removed from the Inflatable device and locked up in a secure location overnight.
Participant’s Signature X___________________________________ Date X________________________