Terms & Conditions

TERMS & CONDITIONS

VII. DELIVERY BY LESSOR: To address specified above by Lessee (customer). Lessee grants Lessor the right to enter said property for delivery and return of equipment. Lessee is subject to a minimum fee of $75.00 U.S.D.for a service call due to electrical failure and/or troubleshooting. The Party Spotauthorized representativemay arrive as early as the ‘end’ of the ‘rental period’ or as late as necessary to pick-up leased equipment. Lessee is responsible for all equipment until it is relinquished to The Party Spot authorized representative. Lessee is strictly prohibitedfrom moving, folding, storing, or removing equipment for any reason. Lessor reserves the right to cancel scheduled event should the event location present potential hazards, unsafe conditions or restrict the proper set-up of leased equipment within The Party Spot and manufacturer guidelines, state regulations, rules, policies, and procedures

* DELIVERY AND PICK-UP TIMES ARE APPROXIMATE *

VIII. RAIN / CANCELLATION / REFUND POLICY:The Lessor reserves the right notto refund any deposit should Lessee fail to provide a written cancellation request (via certified mail) prior to fourteen (14)calendar days of rental. Refund or Rain checks will notbe issued in the event the leased equipment is notused for any reason. If the equipment does notwork properly, it is the responsibility of the Lessee to notify the Lessor to correct. Lessor reserves the right to cancel / postpone scheduled event for safety reasons (e.g., confirmedsevere thunderstorms, hail, winds in excess of fifteen (15) mph, tropical depression, tropical storm, hurricane or tornado conditions) and will issue a full refund to Lessee for deposits and / or confirmed payments received. Lessee may contact their local authorities (e.g., police, medical, fire, local radio, television, media, internet, national weather service) for assistance with monitoring weather patterns and conditions throughout the rental period. Should Lessee fail to notify Lessor of severe weather conditions prior to delivery, Lessor reserves the right notto refund any deposit. Should Lessee cancel event upon delivery, Lessee is subject to a minimum fee of $75.00 U.S.D. and forfeits any and all deposits. In the event Lessee request return of leased equipment after formal cancellation, Lessee is subject to an additional minimum delivery fee of $75.00 U.S.D.plus any delivery fees assessed, based on location of event, on the initial Rental Agreement. Lessee is responsible for monitoring weather conditions throughout the rental period for safe operations.

TX. NSF CHECKS:

Lessee understands, acknowledges, and assumes all liability in the event of forwarding to The Party Spotan NSF (Non Sufficient Funds) Check. Lessee’s failure to make payable to The Party Spoton an NSF Check within 10 calendar daysshall be evidence of Lessee’s intent to defraud The Party Spot.

X. RELEASE AND ASSUMPTION OF RISK:

I (Lessee) understand and acknowledge that the activity to be engaged in through my rental of an interactive amusement game(s) and/or other equipment such as jump houses, brings with it both known and unanticipated risk to its guest, its invitees and itself. Those risk include, but are not limited to falling, slipping, crashing and colliding, which could result in injury, illness, disease, emotional distress, death and/or property damage to myself or my guest and invitees.

XI. LIABILITY RELEASE:

The Lessee voluntarily releases, indemnifies, and agrees to hold harmless and discharge The Party Spot, from any and all liability claims, demands, actions or rights of actions, whether personal to itself or to a third party, which are related to arise out of or are in any way connected with the rental of the interactive inflatable unit including those allegedly attributable to negligent acts or omissions. The Lessee agrees to reimburse any reasonable attorney’s fees and cost, which may be incurred by The Party Spot in the defense of any such liability claim, demand, action or right of action.

Lessee acknowledges and represents that it has adequate homeowner’s insurance, tenant insurance, or OTHER liability insurance to cover any bodily injury or property damage, which might occur to itself, its guest, or its invitees from the use of the unit being rented or else agrees to bear the cost of defense and liability of any such injury or damage itself. The Lessee also waives the right of its insurance company to bring any type of action or proceeding on behalf of the lessee against The Party Spot whether by assignment of claim, subrogation or otherwise. Initials [ ]

XII. CARE OF RENTAL EQUIPMENT:

Lessee 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. Lessee shall be liable to Lessor for any and all damage, which is not “ordinary wear and tear” in an amount equal to the replacement value listed on the front of this agreement. Damage which is not “ordinary wear and tear” include, but is not limited to, cutting or tearing of vinyl or netting, ripping or tearing of handles or hoses, removal or adjustments of liners, flooding with water or any liquid or substance, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string, mud, clay, or other materials. Should equipment picked-up by Lessor needs to be cleaned, repaired, and / or replaced due to damages a fee of $75.00 U.S.D. will be charged for cleaning and a fee of $150.00 U.S.D. per hour will be charged for any and all repairs plus the cost for shipping, materials and loss of use for rentals. Damage by “Silly String” will result in a minimum cleaning fee of $150.00 U.S.D. per hour or replacement if determined damaged by Lessor. Initials [ ]

XIII. EQUIPMENT REQUIREMENTS: LESSEE MUST FURNISH ELECTRICAL OUTLET RATED AT 115 VOLTS WITH A SLO-BLO 20 OR 30 AMP FUSE CAPACITY LOCATED WITHIN 100 FEET OF EQUIPMENT WITHOUT ANYTHING ELSE CONNECTED (E.G., A DEDICATED LINE). USE OF MORE THAN A 100-FOOT EXTENSION CORD MAY CAUSE MOTOR TO BURN UP. USE ONLY ONE (1) BLOWER PER FUSE CIRCUIT. VOLTAGE AT MOTOR MUST BE OVER 100 VOLTS. USE OF EXTENSION CORDS OTHER THAN THOSE PROVIDED BY LESSOR IS STRICTLY PROHIBITED.

** LESSEE MUST FURNISH WATER SUPPLY AND PROPER ATTACHMENTS FOR UNITS REQUIRING WATER **

XIV. LIMITED WARRANTY: Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor’s sole and exclusive obligation 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 expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee’s particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee 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. Lessor shall not be responsible for any defect of failure unknown to Lessor at the time of delivery.

XV. COMPLIANCE WITH LAWS: Lessee 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. Lessee 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 during the rental period. Lessee further agrees to pay all licenses, fines, fees, permits, or taxes arising from Lessee’s use of the rental equipment, including any subsequently determined to be due. Lessee is solely responsible for obtaining all permits and/or licenses from the appropriate government agencies prior to use. XIV. LIMITED WARRANTY: Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor’s sole and exclusive obligation 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 expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee’s particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee 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. Lessor shall not be responsible for any defect of failure unknown to Lessor at the time of delivery.

XVI. LEGAL FEES: In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and court cost in such action or proceeding, in an amount to be determined by the court or arbitrator.

XVII. SEVERABILITY: If any of the terms or conditions of this Agreement is 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.

XVIII. COPYRIGHTS AND TRADEMARKS: All product designs, product names, logos, trademarks, service marks, trade dress, and related materials (whether or not registered with the United States Patent & Trademarks Office) are proprietary to The Party Spot, and the sole property of The Party Spot.

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