Sample Rental Contract Agreement

79

By amurbach

Release Of Liability Rental Contract

This is a sample inflatable rental contract which contains several release of liability clauses beginning in section 9. The clauses are hold harmless, duty to mitigate, disclaimer of consequential damages and a merger clause. Legal clauses such as these are required to be included in your inflatable rental contract for the purpose of liability insurance to reduce the risk of punitive or consequential damages.

Section 4, for general rules to follow may vary depending on the type of equipment you have such as a waterslide, obstacle courses or other interactive type inflatable equipment.

Contact an attorney to verify that your contract will meet your needs. This is only a sample contract.


1) EQUIPMENT, RENT AND TERMS OF RENTAL AGREEMENT: The undersigned, as Lessee, hires COMPANY NAME as Lessor, _______________ rental equipment. Rental fee is due upon set-up at the location listed above.

2) DELIVERY: To the street address specified above by Lessee (Customer). Lessee grants Lessor the right to enter the property at said street address (Delivery Address) for the delivery and subsequent pickup of the unit(s) at the specified time.

3) TRANSPORTATION AND EXPENSE: except as provided herein, all charges in delivering and subsequent pickup of the unit(s) with respect to the Delivery Address are included in the Rental Fee noted above. In the event that the Lessee does not return or release the unit(s) at the appointed time to the Lessor, a $25.00 transportation fee shall be automatically imposed.

4) GENERAL RULES TO FOLLOW DURING THE USE OF THE UNIT:

a) Only 8-10 persons of compatible age and size shall play in the unit at one time.

b) All riders MUST REMOVE SHOES AND JEWELRY before playing in the unit.

c) To avoid neck and back injuries, FLIPS ARE NOT ALLOWED.

d) CHILDRENS SAFETY DEPENDS ON YOU. YOUR PERSONAL SUPERVISION IS ABSOLUTELY REQUIRED. As the lessee of the unit, THE SAFETY OF ALL RIDERS IS LEESEE’s RESPONSIBILITY.

e) ABSOLUTELY NO STICKY SUBSTANCES ARE ALLOWED IN OR AROUND THE UNIT. This includes gum, candy, Silly String or any food or drink items. If, upon pick up, cleaning of above substances is required, a $25.00 cleaning fee shall be automatically imposed.

f) ABSOLUTELY NO SAND or DIRT IS ALLOWED IN OR AROUND THE UNIT. If, upon pick up, cleaning of above substances is required, a $25.00 cleaning fee shall be automatically imposed.

g) DO NOT MOVE THE UNIT from the place where it is installed. If the unit moves, pull the corner back to its original location of installation. CAUTION: Keep the unit away from swimming pools or any machinery that can generate heat.

h.) Special Instructions: Should the unit begin to deflate: 1) The motor may have stopped. Check the cord connection at the outlet near the motor. Use only the power cords provided by Jumper Rentals. 2) Try another outlet. 3) If the motor is running, check the air intake on the side of the motor for blockage and check the inflatable intake for proper flow. If you cannot correct the problem, call COMPANY NAME at XXX-XXX-XXXX.

5) SAFE OPERATION ACKNOWLEDGMENT: LESSEE ACKNOWLEDGES THAT HE/SHE HAS BEEN INSTRUCTED ABOUT AND FULLY UNDERSTANDS THE SAFE OPERATION OF THE UNIT THAT IS THE SUBJECT OF THIS RENTAL AGREEMENT. LESSEE AGREES TO OBSERVE ALL SAFETY PRECAUTIONS.

6) Lessee represents and warrants safe return of the unit(s) and hereby agrees to pay Lessor $1,000.00 if it is not returned or it is returned in unsalvageable condition as determined by the lessor. The Lessee also agrees to pay a minimum $50 repair fee for any repairs that require patching.

7) ALTERATIONS AND ATTACHMENTS: No alterations in or attachments to the unit without prior written approval of the Lessor.

8) TITLE TO THE UNIT: Lessee agrees to keep the unit in his/her custody and not to sublease, rent, sell, remove from the Delivery Address, or otherwise transfer such unit. The unit will remain the property of the Lessor and may be removed by the Lessor at any time after the termination of this Rental Agreement. Lessee grants to Lessor the right to come upon Lessee’s property at any reasonable time for the purpose of retaking possession of the unit(s).

9) RELEASE OF LIABILITY:

A. Hold Harmless Provision: Lessee agrees to indemnify and hold lessor harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney’s fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of sited equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lesee hereby releases and holds harmless Lesssor from injuries or damages incurred as a result of the use of said equipment unless Lessor is operating the equipment and is deemed by a court of law to be negligent in its actions. Lessor cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Lessor from any loss, damage, theft, or destruction of the equipment during term of this contact and any extension thereof.

B. Duty to Mitigate: In the event of injury, damage or loss due to Lessor’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss.

C. Disclaimer of Consequential Damages: By signing this contract, Lessee agrees to forgo seeking any Consequential damages in the event of any injury, damage or loss due to Lessor’s negligence.

D. Disclaimer of Warranties: Lessor makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by lessee from Lessor. By signing this contract, Lessee agrees that any warranty of merchantability or fitness for a particular purpose are hereby disclaimed. Lessee understands that the only warranties pertaining to the condition of said equipment and/or property is that which is stated on the instruction manual for said equipment and/or property.

E. Merger Clause: This rental agreement constitutes the full agreement between Lessor and Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and the Lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof.

10) WEATHER POLICY: During periods of severe weather conditions (rain, high winds, etc.) Lessor reserves the right to cancel Lessee’s reservation.

LESSOR:

______________________________________

Authorized Representative for COMPANY NAME

LESSEE:

By our/my signature, I/we acknowledge and agree to the above terms and conditions of this Agreement and agree to be bound to hereby.

______________________________________

Lesee signature



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