361 Vending & Party Rentals LLC Rental Agreement & Waiver of Liability
It is the responsibility of the person or organization hiring 361 Vending & Party Rentals LLC for the rental(s) and equipment to ensure that all possible precautions are taken to avoid injury to people or damage to the equipment. The renter desires to rent from 361 Vending & Party Rentals LLC, equipment to be used by the renter, his/her guests, invitees or other individuals while in the renter’s possession. Renter understands that use of the rental(s) and equipment may, by its nature cause injury or harm to renter, his/her guests, invitees or other individuals. The renter does hereby freely, voluntarily, and without duress executes this release under the following terms: Please ensure that the following safety instructions are followed:
Risk Factors
I understand and acknowledge that the use of 361 Vending & Party Rentals LLC rental(s) and equipment involves risks including, but not limited to the following: bodily injury including but not limited to permanent disability, paralysis, and death. These risks may result from a variety of circumstances including the misuse of equipment or facilities.
Assumption of Risk
I am choosing to use 361 Vending & Party Rentals LLC rental(s) and equipment at my own
risk. I understand and acknowledge that the activities which I am or/and (any minor children for
which I am the Parent, legal guardian, or otherwise responsible, any heirs personal representative)
about to voluntarily engage in as a participant and/or volunteer bears certain known risks and
unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to
myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from
using the equipment of 361 Vending & Party Rentals LLC.
Insurance
I, the renter understand that insurance for liability, health, and medical or disability coverage in any way related to the rental of equipment under this agreement is the sole responsibility of the renter. I understand that I, my heirs, my guest, my invitees, and other individuals are strongly encouraged to have a medical physical exam and purchase health insurance prior to use of the rental(s) and equipment.
Release, Indemnify, and Defend
I hereby release, waive, discharge, and hold harmless 361 Vending & Party Rentals LLC and all employees past or present from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of 361 Vending & Party Rentals LLC rental(s) and equipment.
Waiver
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims.
Payment for Damages
I agree to pay for any and all damages to any equipment as a result of my, my guest, my invitees, my heirs, and other individuals willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
Representatives:
I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives
Others:
I, the renter expressly agrees that this release is intended to be as broad and inclusive as permitted by laws of the state of Texas and that this release shall by governed and interpreted in accordance with the laws of the state of Texas. Renter agrees that in the event that any clause or provisions of this release shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable
Setup:
If you need setup at a park you will need to contact the park in advance to determine the requirements needed to set up. A tarp will be provided, but please make sure the ground is flat, dry, and clear from glass and debris. We do not set up on dirt, gravel, or rocks, NO EXCEPTIONS.
Cleaning Fee:
A $50 refundable cleaning fee is required upfront in case of heavy stains, discoloration, or excessive dirt. Your deposit will be refunded as long as at time of pick up 1. Ball(s) are not damaged and returned 2. No stains, spills, or food in play area or on rental equipment 3. Equipment is not taken apart or moved without prior approval from 361 Vending & Party Rentals 4. Equipment is dry (for bounce houses). 5. Tables must be used with table cover if not ($10.99 fee for each table used without table cover [cleaning fee for table])
Cancellations:
If you cancel your event with 72 hours or less notice of your event date you will forfeit both your non-refundable deposit portion as well as your refundable deposit portion, Cancellations with 72 hours in advanced must allow 361 Vending & Party Rentals 48 to 72 hours to process your refund of 25% of the amount if the services were paid in full. If 361 Vending & Party Rentals cancel your event you will be refunded all monies paid towards your event. Should you need to reschedule your event, you may do so at no additional cost up to 2 times with at least a 7 day notice prior to your event if rental items are available. Should you need to reschedule your event and have exceeded your allowable 2 times, you will incur a $50 reschedule fee no exceptions.
Rental Agreement Play Rules PLAY AT YOUR OWN RISK
- Children must be supervised by adults at all times while using any of the play equipment.
- No shoes of any kind allowed in the bounce houses, waterslides, and or in any inflatables.
- SOCKS must be worn at all times in bounce houses!!!
- Absolutely NO PETS on the play equipment, bounce houses, waterslides or any inflatable.
- Absolutely No food, drinks or chewing gum on or around any of the play equipment bounce houses, waterslides and or any inflatable. This will avoid a choking risk and keep the unit clean. (Please note if the Inflatable is collected in a dirty condition then the renter it will incur a cleaning charge) refer to [cleaning fee].
- No playdough, face paint, slime, markers, crayons, sharp objects, party poppers, colored streamers or silly string to be used either on, in or near the equipment, bounce houses, waterslides, concession machines and or any inflatable. (Please note these products will cause damage to the Inflatable(s), bounce houses, waterslides and or any inflatable that cannot be repaired)
- No diving or throwing balls out of the bounce houses, waterslides or any inflatable(s).
- Always ensure that the Inflatables are not overcrowded, and limit numbers according to the age and size of the children using it. Try to avoid large and small children from using it at the same time.
- Ensure Children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.
- Do not play if you are pregnant or have physical issues.
Bounce Houses, Waterslides and Toddler Waterslides:
All 10X10 and 13X13 Bounce Houses AUDLTS are NOT allowed to participate and or use the Bounce House. Giant Waterslides are for AGES 13+ ONLY, no one younger than 13 should not participate or use the Giant Waterslide. Toddler Waterslides are for ages 3-8 years of age. No child younger than 3 years of age or older then 8 years of age should not participate or use the Toddler Waterslide.
The Renter/Client Understands that:
I am responsible for following the rules and safe procedures mentioned above by 361 Vending & Party Rentals LLC in order to protect the equipment and provide a safe environment for me, my heirs, my guests and any other individuals who will have access to 361 Vending & Party Rentals LLC rental(s) & equipment while it’s in my possession.
I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS 361 Vending & Party Rentals LLC, their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees). Injuries (including disabilities, paralysis and death) and expenses arising out of or resulting from my voluntary attendance/participation at 361 Vending & Party Rentals LLC.
If there is any damaged or stolen rental(s) and or equipment I the renter will be charged at an appropriate amount, i.e. cost of repair or replacement.
I also acknowledge the risks involved in 361 Vending & Party Rentals LLC rentals and equipment. These include but are not limited to any CHOCKING HAZARDS, FALLING, BREAKING ETC. while in use. I understand that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.
By signing below I forfeit all rights to bring a suit against 361 Vending & Party Rentals LLC AND AFFILIATES for any reason. In return I will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the 361 Vending & Party Rentals, rental(s) and equipment positive, I have read, heard, and understand safety rules and understand that I will ask for clarification when needed.
I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for
Signature: ________________________________________________________________________________________________________________________________
