Rental Agreement/ Policy and Terms/ Release and Waiver of Liability Agreement

 

To

_____________________________

[Customer name]

Rental agreement

Policy and terms

RELEASE AND WAIVER OF LIABILITY AGREEMENT

___________________________

Date (mm/dd/yy)

Treasure Moment LLC

P.O. Box 3405

Omaha NE 68103

402-697-8388

Email: info@treasuremoment.com

Rental Agreement

ITEM RESERVED:

_________________________________________________________________________ 

RENTAL PAYMENT TERMS

IT IS HEREBY AGREED UPON that the total fee for this Rental Agreement shall be: $________

DOWN PAYMENT

Down Payment Received $__________ Date Received: __________

Down Payment Received via (circle one):   Cash      Check      Credit Card      Other

REMAINING BALANCE DUE

Balance Due: $__________   Date Received: __________

Balance Paid via (circle one):       Cash      Check      Credit Card      Other

FOR USE WITH PAY PER USE EVENTS ONLY (IF APPLICABLE):  It is agreed upon that ______% of the total sales will be paid to ___________________________ at the conclusion of the event.

OTHER RENTAL PAYMENT TERMS & CONDITIONS: _____________________________________________________________________________

Adult Supervision Required At All Times!

1. BY ACCEPTING DELIVERY OF RENTED ITEMS, CUSTOMER AGREES TO ALL TERMS AND CONDITIONS SHOWN ON THIS RENTAL CONTRACT. CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS RECEIVED IN GOOD ORDER ALL RENTED ITEMS AND OTHER GOODS LISTED ON THE CONTRACT.

2. CUSTOMERS ARE RESPONSIBLE FOR ALL LOSS, DAMAGE, OR REPAIR TO EQUIPMENT IF VIOLATING THE GIVEN POLICIES, OPERATOR INSTRUCTIONS, AND RULES, WHICH INCLUDES SAFE AND PROPER USE.

3. THIS RENTAL CONTRACT FORMS THE SOLE AGREEMENT BETWEEN THE CUSTOMER AND TREASURE MOMENT LLC.  THE CUSTOMER AGREES TO INDEMNIFY AND HOLD TREASURE MOMENT LLC HARMLESS FOR ANY CLAIMS FROM CUSTOMERS USE OR MISUSE, INCLUDING ANY THIRD PARTIES FOR LOSS, INJURY, AND DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF THE CUSTOMER'S NEGLIGENCE OR OPERATION INCLUDING LEGAL COSTS INCURRED IN DEFENSE OF SUCH CLAIMS.

4. CUSTOMER SHOULD READ ALL WARNINGS AND INSTRUCTIONS (IF APPLICABLE).

5. CUSTOMER AGREES TO PAY FOR ANY REPAIRS OR DAMAGES TO EQUIPMENT THAT MAY OCCUR DUE TO ACCIDENT OR MISUSE.

6. CUSTOMER ACKNOWLEDGES THE POSSIBILITY OF INJURY AND WILL PROVIDE ADULT SUPERVISION AT ALL TIMES ACCORDING TO THE RULES GIVEN TO RENTAL PARTY PRIOR TO EVENT, WRITTEN OR VERBAL INSTRUCTIONS.

7. ATTORNEY FEES:  CUSTOMER AGREES TO PAY ALL REASONABLE ATTORNEY FEES AND COURT COSTS INCURRED BY TREASURE MOMENT LLC IN ENFORCING THESE TERMS AND CONDITIONS.

8. DEPOSITS ARE NON REFUNDABLE.      

9. AGE AND RESPONSIBILITY: You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the Treasure Moment Service. You understand that you are responsible for all uses of the Treasure Moment Service by you.

10. Treasure Moment reserves the right in its sole discretion to modify or discontinue the Price and Service or to restrict its availability to any person, at any time, for any reason, and without prior notice or liability to you.  Treasure Moment's failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.

11. Customer understands that injuries have happened using the rented game/service, injuries will happen in the future and there is the potential for injury during use by the Customer and his/her guests. Customer assumes the risk of renting the arranged game/service.

Policy and Terms

Due to the very nature of our business, we will NOT set up our units during extreme weather i.e. rain, snow, wind exceeding 25 mph, temperatures over 90 degrees Fahrenheit, or below 40 degrees Fahrenheit if your location is outdoor.  We adhere very strictly to the following weather policies for safety reasons:

·         We will NOT set up a unit if it is raining or the weather forecast (36hours prior to event) is predicting rain during your reserved times.  It is not designed for rain and it is dangerous for anyone to use the units if they are wet.

·         We will NOT set up a unit if the wind consistently exceeds 25 miles per hour.

·         We cannot set up in extreme cold situations, as the cold temperature will be harsh on our units.  We will discuss any concerns regarding the temperatures at the time the reservation is made.  During the winter months or rainy seasons, we strongly recommend locating an indoor facility to host your event.  There are many areas such as churches or community centers which offer free or low cost fees to rent their indoor gyms, fellowship halls, etc.  Our train requires 7'Hx4'W entrance.  Please confirm the ceiling height before making your reservation as our deposits are non-refundable! 

We keep a very close eye on the weather for days before your event is to take place.  If we have any concerns regarding your outdoor events, we will contact you to discuss alternatives.

Event Cancellations

i. Treasure Moment LLC reserves the right to cancel an event should inclement weather become a safety issue (this is applicable for all outdoor events), should this happen, deposits can be moved to another day, but ARE NOT refundable.

ii. Customer Cancellations: Cancellation not due to weather or medical emergency (need proof of doctor) will result in forfeiting the 50% deposit. If it is a medical emergency and your doctor gives us a letter, we will keep your credit for the next 12 months. Any other cancellations will forfeit deposit. Should non-emergency cancellation occur between 3 business days of the events, customer is responsible for 100% of the contract price.

iii. Treasure Moment LLC reserves the right and its own discretion to cancel an event should unforeseen circumstances (non-weather related) or an emergency occur; deposits will be refunded in full.  

iv. Unavoidable Detention: Treasure Moment LLC commits, upon a contract via email and or deposit, to delivering equipments and/or services requested for your event.  However, Treasure Moment LLC cannot be responsible for proven detention by sickness, accidents, acts of God, stolen/damaged equipment, access problems, safety issues, or any legitimate conditions beyond Treasure Moment LLC authorized representative’s control.  Treasure Moment is always willing to reschedule events, if necessary, according to equipment and staff availability. We are committed to being flexible with our clients, and on occasion may need some flexibility.

Equipment Loss and Damages

Customer agrees to hold Treasure moment, LLC harmless from any and all liabilities for injury, theft, loss, connected with the transportation and use of said equipment.   Customer also agrees not to operate equipment rented from Treasure moment, LLC.

Customer acknowledges that all equipment has been delivered and/or been made available in clean and good working order.  Customer agrees to accept full responsibility to ensure that ALL equipment is cleaned and in good working order after each use.

Preparing For Your Event

i. If you rent our train, make sure we have enough space for the train to run.  The train needs a flat and sturdy surface.  If you want our train to run on public roads or parks make sure you have permit from the city.  Our train can run on your parking lot, sidewalks or backyard (it needs to be dry and not right after rain), at least 30'W and 50'L (applicable to parking lot and backyard).   For bungee trampoline, space of at least 30'Lx30'Wx30'H clearance is required.

ii.  If you want to rent the bungee trampoline, please make sure power outlets are a minimum 15 amps/120 Volts, and within 50' of the item requiring power.

iii. Ensure proper lighting is provided.

iv. Ensure all paperwork is filled out and signed. This is the Customer’s responsibility.

v. Keep a copy of all paperwork.

vi. Provide all needed attendants; parent's supervision is required.

Note: We are not to be held liable for any damage to yards or wet areas that we are asked to operate on during the event.

Acknowledgement of Risks, Assumption of Risks & Responsibility, and Release and waiver of Liability for Organizations and Individuals

Warning: There are significant elements of risk in any adventure, sports or activity associated with the indoor or outdoor use of any of our items such as trackless train, bungee trampoline and other similar items. Although we have taken reasonable steps to provide you with appropriate equipment and/or skilled staff and/or skilled training so that you can enjoy an activity for which you may not be skilled, this activity is not without risk. Certain risks can be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment, or cause accidental injury, illness, or in extreme cases, permanent trauma or death. For your safety, and that of other participants, we think it is important for you to know in advance what to expect and to be informed of the inherent risks. The responsibility to obtain this knowledge belongs to the individual or group representative. 

Acknowledgement of Risks: I/ Customer acknowledge that this following describes some, BUT NOT ALL, of those risks: 1) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; 2) Could affect sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 3) Travel, including travel to or from the activity; 4) The presence of insects and marine life forms; 5) Equipment failure or operator error; 6) heat or sun related injuries or illnesses including sunburn, sunstroke, or dehydration; 7) Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; 8) Entering or exiting indoor or outdoor activities; 9) Being too close or not observing individual rules; 10) Moving parts such as bungee cords or like accessories; 11) Participant misuse and/or abuse to game, program or equipment that may cause accident or injury. I am (we are) aware that these activities may entail risks of injury or death. I/we understand the description of these risks in not complete and that unknown or unanticipated risks may result in injury, illness, or death.

Express Assumption of Risk and Responsibility: I/ Customer agree to assume responsibility for the risks identified herein and those risks not specifically identified. My/our participation in these activities is purely voluntary. No one is forcing me/us to participate. I verify that I am physically fit, not under the influence of alcohol or drugs at this time, and sufficiently qualified, and capable to participate in these activities. Therefore, I assume full responsibility for myself/organization I represent, including any minor children, for which I am responsible, for bodily injury, accidents, illness, death, loss of personal property, and expenses thereof as a result of any accident which may occur. I/we elect to participate in spite of the risks.

 I fully understand and acknowledge that my participation in such activities and/or use of such rides or apparatus may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, heat stroke, heart attack, death or other ailments that could cause serious disability.

I fully understand and acknowledge that these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of  Treasure Moment LLC, the negligence of the participants, the negligence of others, or by accidents, breaches of contract, the forces of nature, or other causes; and

I fully understand and acknowledge, for myself, my heirs and/or assigns, and all participants that by participating in this ride, activity, and/or apparatus, I am stating that I do not have any physical and/or mental condition, which would effect my ability to participate in this ride, activity, and/or apparatus, including but not limited to the following: back problems, heart conditions, pregnancy, epilepsy, motion sickness.

Covenant of Good Faith: I/Customer recognize that Treasure moment, LLC will operate under covenant of good faith and fair dealing, but you may find it necessary to terminate an activity due to forces of nature, medical necessities, or other problems; and/or refuse to terminate the participation of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I accept your right to take such actions for the safety of myself and/or other participants.

Authorization: I/ Customer hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I/we either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our (organization’s) behalf. I/we agree to any film or photographs of me/us as a participant becomes your property and may be used for promotional purposes.

Age and Responsibility: I/ Customer represent that I am of sufficient legal age to create binding legal obligations for any liability I may incur as a result of the use of the Treasure Moment service. I understand that I am responsible for all uses of the Treasure Moment service by me.

Release of Liability: , I/customer, for myself and any minor children for which I am parent, legal guardian, pastor/group leader or otherwise responsible, any heirs personal representatives or assigns, agree that Treasure Moment, LLC, its owners, operators, principals, directors, officers, agents, employees, contractors, volunteers, and each and every land owner, municipal government agency upon whose property an activity is conducted, if any, shall have no liability of any nature for any and all damage to my child and other persons or properties as a result of any acts, omissions or negligence of the “owner” or any other person (including my child) or entity and I hereby release and discharge owner, if any, for any such damage.

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, all participants, hereby AGREE to forever RELEASE, INDEMNIFY, and HOLD HARMLESS from liability TREASURE MOMENT LLC, its owners, operators, employees, suppliers/vendors/contractors, with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by the negligence of TREASURE MOMENT LLC, its owners, operators, employees, officers, officials, agents and/or employees and/or any of its affiliates identified herein or otherwise; and I understand and In consideration of services or property provided.

TREASURE MOMENT LLC makes no warranties, either expressed or implied, as to the condition or performance of any equipment and/or property leased by customer from TREASURE MOMENT LLC.  By signing this RELEASE AND WAIVER OF LIABILITY AGREEMENT, I/customer hereby agree and acknowledge that any warranty or merchantability or fitness for a particular purpose are hereby and herein disclaimed and void accordingly.  

In engaging in business and or renting from Treasure Moment, LLC, I have read/understand the Acknowledgement of Risks, Assumption of Risks and Responsibility, and Release and Waiver of Liability Agreement. I understand that by renting from Treasure Moment, LLC, I AM WAIVING LEGAL RIGHTS.

APPROVED AND ACCEPTED:

Date: ________________ (mm/dd/yy)

Name: _______________________________________________________________

            Renter/Lessee Print Name                              Renter/Lessee Signature

Address: _____________________________________________________________

                   Street                                           City           State        Zip

Phone: (____) _____________________