NOTE: 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. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment.
1. Safety/Operating Instructions
The customer acknowledges that there are safeties and operating instructions on the equipment delivered and agrees to read those instructions. Customer further acknowledges and understands that Mom’s Party Rental has not agreed to nor have they provided any operators with this rented equipment unless specified in the invoice.
- Customer is solely responsible for the correct and safe operation of this equipment.
- Customer understands that children’s safety depends on 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.
2. Equipment Problems:
Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand the operating Instructions. 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:
- 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.
- 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.
- If either of these steps corrects the problem, fully inflate the unit prior to permitting anyone to use the unit.
- If you cannot correct the problem, call our office at (786) 413-7764
Mom’s Party Rental 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, thunderstorms or lightening.
- In the event of severe weather during a rental, customer agrees that he /she/they will unplug the inflatable and not use the inflatable until the severe weather ends.
Mom’s Party Rental shall deliver the Rental Equipment to the address listed on the invoice as specified by Customer. Customer grants to Mom’s Party Rental true right to enter the property at the address listed on the invoice 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.
5. 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.
6. General Release/indemnity/hold harmless:
Customer understand and acknowledges 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 Mom’s Party Rental 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 Mom’s Party Rental or anyone acting on behalf of Mom’s Party Rental be required to incur attorney’s fees and costs to enforce this agreement, I expressly agree to indemnify and hold Mom’s Party Rental harmless for all such fees and costs.
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 Mom’s Party Rental. Retention of possession or any failure to permit the pick-up of the item 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 Mom’s Party Rental the full replacement value for such equipment as listed on the invoice page, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment. Customer agrees to keep the Rental Equipment in their custody and control until Mom’s Party Rental picks up such items. If rental items are not returned for any reason whatsoever, Mom’s Party Rental may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. If rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify Mom’s Party Rental immediately.
8. Equipment, Rent, Payment, and Term of Rental Agreement:
Customer rents from Mom’s Party Rental certain equipment described on the invoice page of this Agreement. If the Equipment is delivered by Mom’s Party Rental 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 at the time of delivery of the event.
9. 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 their sole cost and expense to comply with all municipal, parishes, 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.
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. 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, mud, clay, or other materials.
11. Limited Warranty:
Mom’s Party Rental warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. 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. Mom’s Party Rental 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. Mom’s Party Rental shall not be responsible for any defect or failure unknown to Mom’s Party Rental at the time of delivery.
12. Cancellation Policy:
Customer will receive a full refund of deposit with cancellation at least 1 week prior to reservation date. If customer cancels less than 1 week prior to reservation date Mom’s Party Rental will keep the deposit. However, the customer may apply it to a future rental within a 1 year period.
13. Customer Acknowledgment:
Customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and that they understand its content and that they execute it freely, intelligently and without duress of any kind.