Rental Agreement

In consideration of the Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all of the terms and conditions set forth on the previous page of this agreement, the parties do further agree as follows:

1. Identity of parties: For the purposes of this Rental Agreement, "Do the Happy Bounce”, shall mean Ernest Parker DBA Do the Happy Bounce, its owners, officers, directors, employees, contractors, and agents. “Customer” shall mean 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.

2. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from Do the Happy Bounce 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 “Start Time” 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 the actual delivery of the rental equipment to the actual pickup of the rental equipment by Do the Happy Bounce. If the equipment is delivered and accepted by customer, then the customer shall not be entitled to any refund whatsoever if customer elects not to use the equipment due to weather or other causes.

3. Return Check Policy: In the event that a check is returned to Do the Happy Bounce for insufficient funds, customer agrees to pay the total rental price as well as an additional $75.00 return fee. Checks are only accepted from businesses, churches, and schools. Other organizations please inquire before making a payment by check. Personal checks are not accepted.

4. Weather: Do the Happy Bounce cannot guarantee weather conditions, we reserve the right to cancel or reschedule you rental prior to delivery if severe weather conditions are immanent or if we have reason to believe that the equipment and/or its users may be in danger. Some examples of severe weather conditions are high winds, rain, snow, thunder, and/or lightning. 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 equipment until severe weather ends.

5. Care of the Rental Equipment: Customer shall be responsible for any and all the 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 Do the Happy Bounce for any and all 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-approval items such as chemicals, food, paint, silly string, mud, clay, or other materials.

6. Possession: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customers premises and terminates on the actual pick up by Do the Happy Bounce. Retention of possession or any failure to permit the pickup of the equipment 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 Do the Happy Bounce 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 Do the Happy Bounce. 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, Do the Happy Bounce may take possession of said items without further notice or legal process and use whatever force is necessary to do so. Customer hereby agrees to indemnify, defend, and hold Do the Happy Bounce harmless from any and all claims and costs arising from such retaking. If rental items are stolen, or otherwise moved from the delivery address, customer shall notify Do the Happy Bounce immediately.
  1. General Misuse: Do not allow riders to play or climb on walls, sides, or roof of inflatable. Please do not allow water or a water hose near a dry inflatable. If the inflatable should become wet, have an adult wipe down unit before riders return. Make sure the unit is not wet when riders return.
  2. Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable.
    • Spilled Food, drink or the uses of Silly String could result in a $100-$500 Cleaning Fee.
    • Negligence or damage to the unit(s) could result in a $500 - $15,000 Repair Fee.
    • If the unit is not repairable, a fee of $500 - $15,000 could result
    • If inflatable is not covered during rain (either a tarp or following verbal instruction) there will be a $100 drying/cleaning fee.
    • Any extreme mud or sand in or on unit could result in a $100 - $500 cleaning fee.
    • Any damage or altercation to water hoses will result in an automatic $20 charge to card on file.
    • Any use of soap, baby powder, baby oil, etc.. Will result in an automatic $100 cleaning fee.

7. Equipment problems: Should any equipment develop a problem, or does not function correctly at anytime, or Customer does not understand the operating instructions, the customer agrees to immediately cease use of the 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 in to make sure that it has not been unplugged; 2) If the 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 re-inflate the unit prior to permitting anyone to use the unit; 4) If you cannot correct the problem, call our office at (941)661-0890.

8. Cancellation/Refund Policy: $50 cancellation charge will be placed automatically on the customers credit card provided at time of reservation if the cancellation is made within 10 calendar days of the scheduled event date. In the event that the cancellation is made prior to the 10 day period there will be no charge. If the event is over the rate of $400 and within 30 days a cancellation takes place a $50 charge will apply per day per unit that is rented.. Customer will only receive a full refund of deposit if customer cancels due to rain or inclement weather conditions. Inclement weather is the only variable that will necessitate a refund. A REFUND WILL NOT BE ISSUED for any other reason except inclement weather. The time period for weather cancellations will be judged on a case by case basis, but no later than 8AM the date of the rental to receive a refund. NO REFUND will be issued after the equipment has been delivered, even if the equipment is not used. A) If the equipment malfunctions or is inoperable, it is the sole responsibility of the customer to notify Do the Happy Bounce immediately. If Do the Happy Bounce, is not notified and given a chance to correct the problem, NO REFUND will be issued. If Do the Happy Bounce arrives at scheduled rental location and cancellation takes place the customer will be charged $100 cancellation, labor at $25 per person, and mileage from our office to said rental location.

9. 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 it freely, intelligently, and without duress of any kind.

10. Entire Agreement: This Agreement constitutes the full Agreement between Do the Happy Bounce 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 the Rental Agreement and General Release and the fact that it is in good working order.

11. Rental Agreement & Release of Liability will require signature at time of delivery. Please contact Do the Happy Bounce directly with any questions.

Do the Happy Bounce

941-661-0890


Copyright 2010, Do the Happy Bounce(tm) 941-661-0890