Policies
VI. DELIVERY BY LESSOR: The address specified on the reverse side by Lessee (customer). Lessee grants Lessor the right to enter said property for delivery and return of equipment. Lessee is subject to additional charges of $35.00 USD for a service call due to electrical failure and/or troubleshooting at event location. Should equipment picked up by Lessor need to be cleaned, repaired and/or replaced due to damages a fee of $35.00 USD will be charged for cleaning and a fee of $125.00 USD per hour will be charged for any and all repairs plus the cost for shipping, materials and loss of use for rentals. Damage by "Silly String" will result in a minimum fee of $1,000.00 USD or replacement if permanently damaged. DELIVERY AND PICK-UP TIMES ARE APPROXIMATE. A Fun City Inflatables & Party Rental LLC, authorized representative may arrive as early as the 'end' of the 'rental period' or as late as necessary to pick-up leased equipment. Lessee is responsible for all equipment until it is relinquished to an FCIPR authorized representative. Lessee is strictly prohibited from moving, storing or removing equipment for any reason. Lessor reserves the right to cancel scheduled event should the event location present potential hazards, unsafe conditions or restrict the proper setup of leased equipment within FCIPR and manufacturer guidelines, rules, policies and procedures.
VII. RAIN / CANCELLATION / REFUND POLICY: The Lessor reserves the right NOT to refund any deposit should Lessee fail to provide written cancellation request within two (2) calendar days of rental. Refund or Rain Checks will NOT be issued in the event the leased equipment is not used for any reason. If the equipment does not work properly, it is the responsibility of the Lessee to notify the Lessor to correct. Lessor reserves the right to cancel / postpone scheduled event for safety reasons (e.g., confirmed severe thunderstorms, hail, winds in excess of fifteen (15) mph, tropical depression, tropical storm, hurricane or tornado conditions) and will issue a full refund to Lessee for deposits and/or confirmed payments received. Lessee is responsible for monitoring weather conditions throughout the rental period for safe operations. Lessee may contact the local authorities (e.g., police, medical, fire, local radio, television, media, internet, national weather service) for assistance with monitoring weather patterns and conditions throughout the rental period. Should Lessee fail to notify Lessor of severe weather conditions prior to delivery, Lessor reserves the right NOT to refund any deposit. Should Lessee cancel event upon driver's arrival, Lessee is subject to a $35.00 USD delivery fee and forfeits any and all deposits. In the event Lessee request return of leased equipment after formal cancellation, Lessee is subject to a $35.00 USD delivery fee plus any delivery fees assessed on the Initial Rental Agreement.
VIII. RELEASE AND ASSUMPTION OF RISK: I (Lessee) understand and acknowledge that the activity to be engaged in through my rental of an interactive amusement game(s) and/or equipment brings with it both known and unanticipated risk to my guest, my invitees and myself. Those risk 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 guest(s) and invitees.
I voluntarily release, indemnify, hold harmless and discharge Fun City Inflatables & Party Rentals LLC, from any and all liability claims, demands, actions or rights of actions, whether personal to me or to a third party, which are related to, arise out of or are in any way connected with my rental of the interactive inflatable unit including those allegedly attributable to negligent acts or omissions. I agree to reimburse any reasonable attorney's fees and cost, which may be incurred by FCIPR in the defense of any such liability claim, demand, action or right to action.
In the event that I file a cause of action against FCIPR, I agree to do so solely in the state of Louisiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that I have adequate homeowner's insurance, tenant insurance or other liability insurance to cover any bodily injury or property damage which might occur to myself, my guest(s) or my invitees from the use of the unit I am renting or else I agree to bear the cost of such injury or damage myself.
I acknowledge and certify that I have had sufficient opportunity to read both sides of this entire document, that I understand its contents and that I execute it freely, intelligently and without duress of any kind and agree to be bound by its terms.
IX. CARE OF RENTAL EQUIPMENT: Lessee shall be responsible for any and all 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. Lessee shall be liable to Lessor for any and all damage, which is not "ordinary wear and tear" in an amount equal to the replacement value listed on the front of this agreement. 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-approved items such as chemicals, food, paint, silly string, mud, clay, or other materials.
X. EQUIPMENT REQUIREMENTS: USER MUST FURNISH ELECTRICAL OUTLET WITH SLO-BLO FUSE OR 30 AMP FUSE CIRCUIT WITHOUT ANYTHING ELSE CONNECTED. USE OF MORE THAN ONE (1) 50-FOOT EXTENSION CORD MAY CAUSE MOTOR TO BURN UP. USE ONLY ONE (1) BLOWER PER FUSE CIRCUIT. USE OF EXTENSION CORDS OTHER THAN THOSE PROVIDED BY LESSOR IS STRICTLY PROHIBITED.
** USER MUST FURNISH WATER SUPPLY FOR UNITS REQUIRING WATER **
XI. LIMITED WARRANTY: Lessor warrants that the Rental Equipment leased under this agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor's sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee's particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
XII. COMPLIANCE WITH LAWS: Lessee agrees not to use or allow anyone to use the rental equipment for any illegal purpose, in any illegal manner or in an unsafe manner. Lessee agrees at his/her sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations, which may apply to the use of the rental equipment during the rental period. Lessee further agrees to pay all licenses, fines, fees, permits or taxes arising from Lessee's use of the rental equipment, including any subsequently determined to be due. Lessee is solely responsible for obtaining all permits and/or licenses from the appropriate government agencies prior to use.
XIII. LEGAL FEES: In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
XIV. ACKNOWLEDGEMENT: Lessee acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions on both sides and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
XV. SERVERABILITY: If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement and the remaining terms and conditions of this Agreement shall stay in full force and effect.
XVI. COPYRIGHTS AND TRADEMARKS: All product designs, product names, logos, trademarks, service marks, trade dress, and related materials (whether or not registered with the United States Patent & Trademarks Office) are proprietary to FCIPR, and the sole property of FCIPR. Use of FCIPR product designs, product name, logos, trademarks, service marks, trade dress and related material is strictly prohibited except with the express written permission of FCIPR. All product designs, literature, photographs and related material (whether or not registered with the Copyright Office at the United States Library of Congress) are protected by the copyright laws of the United States and internationally by the Berne Convention, and remain the sole property of FCIPR. Copying, adaptation or other use of FCIPR product copyrighted works without the express written permission of FCIPR is strictly prohibited. WARNING - Willful infringement of FCIPR product trademark rights may subject the offender to treble damages, payment of FCIPR product cost and attorney fees, and court-ordered destruction of all infringing materials without compensation of the offender.
VII. RAIN / CANCELLATION / REFUND POLICY: The Lessor reserves the right NOT to refund any deposit should Lessee fail to provide written cancellation request within two (2) calendar days of rental. Refund or Rain Checks will NOT be issued in the event the leased equipment is not used for any reason. If the equipment does not work properly, it is the responsibility of the Lessee to notify the Lessor to correct. Lessor reserves the right to cancel / postpone scheduled event for safety reasons (e.g., confirmed severe thunderstorms, hail, winds in excess of fifteen (15) mph, tropical depression, tropical storm, hurricane or tornado conditions) and will issue a full refund to Lessee for deposits and/or confirmed payments received. Lessee is responsible for monitoring weather conditions throughout the rental period for safe operations. Lessee may contact the local authorities (e.g., police, medical, fire, local radio, television, media, internet, national weather service) for assistance with monitoring weather patterns and conditions throughout the rental period. Should Lessee fail to notify Lessor of severe weather conditions prior to delivery, Lessor reserves the right NOT to refund any deposit. Should Lessee cancel event upon driver's arrival, Lessee is subject to a $35.00 USD delivery fee and forfeits any and all deposits. In the event Lessee request return of leased equipment after formal cancellation, Lessee is subject to a $35.00 USD delivery fee plus any delivery fees assessed on the Initial Rental Agreement.
VIII. RELEASE AND ASSUMPTION OF RISK: I (Lessee) understand and acknowledge that the activity to be engaged in through my rental of an interactive amusement game(s) and/or equipment brings with it both known and unanticipated risk to my guest, my invitees and myself. Those risk 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 guest(s) and invitees.
I voluntarily release, indemnify, hold harmless and discharge Fun City Inflatables & Party Rentals LLC, from any and all liability claims, demands, actions or rights of actions, whether personal to me or to a third party, which are related to, arise out of or are in any way connected with my rental of the interactive inflatable unit including those allegedly attributable to negligent acts or omissions. I agree to reimburse any reasonable attorney's fees and cost, which may be incurred by FCIPR in the defense of any such liability claim, demand, action or right to action.
In the event that I file a cause of action against FCIPR, I agree to do so solely in the state of Louisiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that I have adequate homeowner's insurance, tenant insurance or other liability insurance to cover any bodily injury or property damage which might occur to myself, my guest(s) or my invitees from the use of the unit I am renting or else I agree to bear the cost of such injury or damage myself.
I acknowledge and certify that I have had sufficient opportunity to read both sides of this entire document, that I understand its contents and that I execute it freely, intelligently and without duress of any kind and agree to be bound by its terms.
IX. CARE OF RENTAL EQUIPMENT: Lessee shall be responsible for any and all 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. Lessee shall be liable to Lessor for any and all damage, which is not "ordinary wear and tear" in an amount equal to the replacement value listed on the front of this agreement. 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-approved items such as chemicals, food, paint, silly string, mud, clay, or other materials.
X. EQUIPMENT REQUIREMENTS: USER MUST FURNISH ELECTRICAL OUTLET WITH SLO-BLO FUSE OR 30 AMP FUSE CIRCUIT WITHOUT ANYTHING ELSE CONNECTED. USE OF MORE THAN ONE (1) 50-FOOT EXTENSION CORD MAY CAUSE MOTOR TO BURN UP. USE ONLY ONE (1) BLOWER PER FUSE CIRCUIT. USE OF EXTENSION CORDS OTHER THAN THOSE PROVIDED BY LESSOR IS STRICTLY PROHIBITED.
** USER MUST FURNISH WATER SUPPLY FOR UNITS REQUIRING WATER **
XI. LIMITED WARRANTY: Lessor warrants that the Rental Equipment leased under this agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor's sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee's particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
XII. COMPLIANCE WITH LAWS: Lessee agrees not to use or allow anyone to use the rental equipment for any illegal purpose, in any illegal manner or in an unsafe manner. Lessee agrees at his/her sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations, which may apply to the use of the rental equipment during the rental period. Lessee further agrees to pay all licenses, fines, fees, permits or taxes arising from Lessee's use of the rental equipment, including any subsequently determined to be due. Lessee is solely responsible for obtaining all permits and/or licenses from the appropriate government agencies prior to use.
XIII. LEGAL FEES: In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
XIV. ACKNOWLEDGEMENT: Lessee acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions on both sides and that they understand its content and that they execute it freely, intelligently and without duress of any kind.
XV. SERVERABILITY: If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement and the remaining terms and conditions of this Agreement shall stay in full force and effect.
XVI. COPYRIGHTS AND TRADEMARKS: All product designs, product names, logos, trademarks, service marks, trade dress, and related materials (whether or not registered with the United States Patent & Trademarks Office) are proprietary to FCIPR, and the sole property of FCIPR. Use of FCIPR product designs, product name, logos, trademarks, service marks, trade dress and related material is strictly prohibited except with the express written permission of FCIPR. All product designs, literature, photographs and related material (whether or not registered with the Copyright Office at the United States Library of Congress) are protected by the copyright laws of the United States and internationally by the Berne Convention, and remain the sole property of FCIPR. Copying, adaptation or other use of FCIPR product copyrighted works without the express written permission of FCIPR is strictly prohibited. WARNING - Willful infringement of FCIPR product trademark rights may subject the offender to treble damages, payment of FCIPR product cost and attorney fees, and court-ordered destruction of all infringing materials without compensation of the offender.
