1) DELIVERY: Delivery shall be to the address specified by lessee (customer). Lessee grants right to enter said property for the delivery and pick-up of the rented items at approximately specified times. Lessee agrees to keep all rented items is his/her custody and not to sublease, rent, sell, remove from the delivery address, or otherwise transfer such items.
2) RULES / SAFE OPERATION RESPONSIBILTY: Lessee agrees to supervise both the rental equipment and its use at ALL TIMES said equipment is in the possession of the lessee. Accompanying this contract is a set of Safety Rules and Operational Instructions for all equipment that is being rented, which Lessee acknowledges receipt of and agrees to follow and utilize at all times during the operation and use of the rental equipment from lessor. Lessee agrees that these Safety Rules and Operational Instructions are hereby considered a part of this Rental Agreement.
3) PAYMENT: Lessee shall pay all charges payable under this agreement, less any deposits paid, upon delivery with a means of payment acceptable to Lessor. Lessee shall also pay a $35.00 charge on any returned checks for any reason, as well as a service charge of 2.0% per month on all past due accounts, and reasonable costs of collection, court and attorney fees.
4) ASSUMPTION OF RISKS: The Lessee understands and acknowledges that the activity to be engaged in through my rental of inflatable amusement equipment such as jump houses, bouncers, inflatable slides, obstacle courses, and/or other interactive amusement and party rental items, brings with it both known and unanticipated risks to its guests, its invitees and itself. Those risks 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 guests and invitees. I for myself and for all my participants, guests and invitees, including minors, willingly assume the risks associated with all participation and accept that there are other risks that may arise due to other participants which I also willing assume.
5) LIABILITY RELEASE: The Lessee voluntarily releases, indemnifies and agrees to hold harmless and discharge the Lessor, Super Fun Inflatables LLC and its officers, employees and agents (hereinafter collectively referred to as "SFI"), 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 or any other rental equipment, including those allegedly attributable to negligent acts or omissions. The Lessee agrees to reimburse any reasonable attorney's fees and costs that may be incurred by SFI in the defense of any such liability claim, demand, action or cause of action. In the event that the Lessee files a cause of action against SFI, the lessee agrees to do so solely in the state of Connecticut, and further agrees that the substantive law of the state shall apply in that action without regard to the conflict of law rules of that state. The lessee agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 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 may occur to itself, its guests or its invitees from the use of the equipment being rented, or else Lessee 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 SFI whether by assignment of claim, subrogation or otherwise.
6) ENTIRE AGREEMENT: The Lessee acknowledges and certifies that it has had sufficient opportunity to read this entire document, including all Safety Rules and Operational Instructions, and understands its content and that it is executed freely, intelligently and without duress of any kind and agrees to be bound by its terms. This signed agreement in conjunction with the Safety Rules and Operational Instructions contain the entire agreement between the Lessor and Lessee. No amendment, whether from previous or subsequent negotiations between Lessor and Lessee, shall be valid and enforceable unless in writing and signed by all parties to this agreement.