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MitchCo. Tent & Party Rental LLC (further know as Mitchco)
RENTAL CONTRACT
SECTION I: GENERAL PROVISIONS
Operation
1. I / We (Mitchco) ______________________________________________warrant and guarantee that I / We have the right of the owner of the property to use the equipment I have rented from Mitchco.
2. I / We agree to provide a safe environment for the use of all items being rented and any attendant equipment by ensuring continuous supervision by competent adults. I / We agree to take full responsibility to follow the "rules of use" operation instructions and setup requirements and take all precautions to protect the equipment from damage and misuse, and to protect any anticipated user of any rented equipment or any person that may reasonably be in the immediate area of the rented equipment while in use.
3. I / We understand we may designate responsible attendants or operators provided that the following conditions are met:
(1) Sufficient attendants must be present for all equipment and attractions. Mitchco does not provide attendants. Attendants can be provided by Mitchco if reserved ahead of time. The rate for each attendant will range from $35-$75 an hour.
(2) Attendants must be 18 years or older.
(3) Attendants must thoroughly understand the proper operation of the equipment, agree to the rules of use, and know its specific inherent hazards.
(4) Attendants must be under direct supervision of renter or renting organizations’ authorized agents and have immediate access to them.
(5) Attendants must have command presence necessary to maintain order of their responsible area.
(6) Attendants may only operate or supervise one piece of equipment at a time.
(7) Attendants must not be under the influence of any drugs or alcohol.
I / We acknowledge that the designation of such attendants does not transfer liability.
Terms of Rental
4. I / We understand and acknowledge that the activity to be engaged in through the rental of an inflatable ride, interactive amusement device, dunk tank, carnival style games, activity equipment and/or any other items being rented, brings with it both known and unanticipated risks to myself, my guests, and to my invitees. Those risks include, but are not limited to falling, slipping, crashing, colliding, burning, cutting, broken bones, and could result in injuries to eyes, nose, mouth, or limbs, illness, disease, emotional distress, death and/or property damage to myself and/or my guest and invitees.
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5. I / We understand and acknowledge that professional food concession equipment offered by Mitchco may employ extremely hot cooking surfaces, scalding hot liquids, high-speed rotating cutters, fast moving parts, high voltage electricity, powerful mechanical drives, open flames, and other hazards. Improper use, proper use, or unforeseen mechanical failure may result in serious burns, cuts, loss of digits, loss of vision, broken bones, illness, disease, emotional distress, death and/or property damage to myself and/or my guests and invitees.
6. I / We understand and acknowledge that Mitchco is not responsible for any injuries that are a result of improper use, excessive weight, or disregard of safety precautions of table and chair rentals. The maximum capacity for tables is 7lbs and maximum capacity for folding chairs is 250lbs.
7.. I / We agree to hold harmless and indemnify Mitchco and their agents and representatives for damages or injury to persons and property resulting from the use and rental of equipment provided by Mitchco. In the event Business Name should institute suit in court in connection with any disputed matter relative to this contract, or in the event a suit is brought against Mitchco, arising out the use and rental of any equipment provided pursuant to this contract by Mitchco, I / We shall be liable for all attorney fees and costs Mitchco may reasonably incur.
8.. I / We agree to have in effect a policy of liability insurance, which by its nature will afford coverage for the ongoing activities, equipment, or any other item provided by Mitchco for any known or unanticipated injury or damage that may occur to any person or property. Customer releases Mitchco from any responsibility/liability when Mitchco is providing a subcontractor for services or equipment. The agreement will be between the subcontractor and the customer.
10. I / We agree that in the event of an accident, injury, or emergency, we will cease operations immediately and contact Mitchco promptly after any necessary emergency action is taken. Mitchco can be contacted directly at (203)378-5434. If there are any questions or concerns about the equipment the renter agrees to contact Mitchco immediately.
11. I / We understand that although Mitchco carries a general liability insurance policy, I / We should in no way rely upon said insurance to provide any coverage for any accident or injury caused by the use of any Mitchco rented equipment.
12. Mitchco does not guarantee any equipment to be free of cosmetics, manufacturers, nor other defects that may affect the safety or operation of the equipment.
13.. I / We acknowledge that in the event any rental equipment is damaged or destroyed, I / We are liable for its repair or replacement cost.
Payment and Cancellation Policy
1. In order to hold a reservation, a deposit of $1.00 is required to secure the reservation. Deposits may vary for Schools, Churches, County/City, and corporate events. The balance is due upon delivery.
2. I / We agree to provide at least ten days’ notice to Mitchco in the event of a cancellation of the planned activities. Failure to notify Mitchco will result in a cancellation charge of $50 on orders under $400 and for orders over $400 there will be a $100 cancellation charge for a single unit rental or $100 per unit cancellation charge for rentals with more than one unit. If the balance has been paid in full regardless of the cancellation term you will be issued a rain check that is good for a year from the party date.
3. In the event of rain and/or strong winds such that the equipment cannot be safely used, I / We may cancel delivery without penalty. For inclement weather cancellations, any payments made will be applied to a newly scheduled date, provided the desired equipment and dates are available or a rain check will be issued. There will be NO refunds.
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4. Mitchco retains the right at its discretion to not leave all or certain equipment at my / our premises due to space constraints, ground conditions, unsafe location or condition, inclement weather forecast, or any other reason which Mitchco has the sole right to ascertain. Payments made in full will be issued a rain check good for one year from the party date. If Mitchco refuses delivery for any reason, Mitchco will not be held liable for any damages.
5. Damage Waiver: The purchase of the RESIDENTIAL Equipment Damage Waiver protection plan for 8% of your rental fee, we will waive any unintentional damage that happens to our equipment during your rental, excluding intentional damage or theft. Unintentional damage EXCLUDES the following: silly string, glitter, slime, confetti, streamers, gum, candy, food/beverage, paint, face paint, markers or pen, cuts, slices, punctures by sharp objects such as from animals, shoes or sharps and any damage caused by fireworks, firepits, or cigarettes. As a frame of reference on cost, repairs can average anywhere between $100-$5000 for items covered by unintentional damage. MOVING THE UNIT VOIDS THE DAMAGE WAIVER*
Setup Requirements – General
1. Renter is responsible to ensure that sufficient grounded electrical outlets are available within 100 feet of each piece of equipment as applicable. Extension cords provided by Mitchco may only power equipment. In the event of electrical failure, or unavailability of suitable power Mitchco will adjust no refunds or credits. Mitchco has generators available at an additional charge if electrical availability is a concern.
2. If at Mitchco sole discretion no suitable location can be found for any equipment, as outlined herein, the equipment will not be used and there will be no refund.
3. I / We agree that if any provision of the user instructions or rules set forth herein by Mitchco are not followed, the equipment, inflatable unit, attraction, concession equipment, dunk tank, game, or any other equipment provided by Mitchco shall be rental shall be terminated absent refund.
4. I / We acknowledge that landscaping, yards, decorative lawn fixtures, or other related items may be damaged as a result of the use of any equipment Mitchco provides pursuant to this contract.
5. I / We agree and consent to contactless delivery and pick up. We agree and authorize Mitchco to access their equipment on our property provided on the rental contract. I / We understand that it may be necessary for Mitchco to perform delivery, setup, and pick up without supervision for delivery of services. I /We will give specific details to Mitchco of where the rental equipment shall be placed. In the event that the location is not suitable, I /We agree to pay a relocation fee of up to $200 to be determined on the travel distance and labor of the return trip.
SECTION II: INFLATABLE UNITS & ATTRACTIONS
In addition to all rules and provisions set forth here above, the following applies specifically to inflatable units and attractions.
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Set-up Requirements / Inflatable and Attractions
1. Inflatable devices must be set up over a smooth, flat surface. The area must be clear of rocks, debris, animal waste, and other objects, which may interfere with the use of or damage Mitchco equipment. The unit must always have a minimum clearance of 5 feet on all sides. Contact Mitchco for overall dimensions of specific units. By signing this contract, you are releasing Business Name from any liability regarding any damage that may occur to water, sewer, drainage, gas lines, etc. You as customer/signer are responsible for instructing any representative of Mitchco to any obstructions or buried lines in or around the set-up area. Mitchco is in no way held liable for damage or repair.
2. If equipment must be placed on hard surfaces such as concrete, blacktop, or a gymnasium floor, Mitchco must be notified in advance. This is to ensure proper availability of weights, surface padding and overall suitability. Additional charges may apply.
3. Equipment must be anchored prior to use. Anchors may not be moved or adjusted by anyone other than Mitchco personnel. Equipment shall not be relocated during the activities unless prior notice is given to Mitchco and its representatives are afforded an opportunity to move the equipment as deemed necessary and feasible.
4. Renter agrees to provide sufficient night lighting in the event the activities are held or continue into the evening hours. Set up time is approximately one half-hour prior to the time booked. Mitchco reserves the right to deliver the rental up to 48 hours before the party date and pick up, up to 72 hours after the party. The renter is responsible for the equipment until Mitchco retrieves the equipment. The rental period may require the unit/equipment to be left overnight and the renter accepts full responsibility.
5. Mitchco has sole discretion to ascertain whether location for the set-up is proper. If Mitchco at his or her sole discretion ascertains that there is not neither safe nor proper location, nor proper operation, the item will not be used. There will be no refund or rain check issued.
Additional Rules of Use / Inflatable Units
1. An attendant 18 years of age or older is always required. Do not operate any equipment without a responsible attendant.
2. Attendants must read and understand all operation manuals and user instructions.
3. All users must be of similar size and strength. Follow bounce capacities posted with each unit. Inflatable slides, obstacle courses and similar large attractions are monitored by Mitchco staff. Users must follow instructions of Mitchco.
4. All users must be physically able to participate in activities without assistance. Adults may not "carry" or otherwise assist toddlers or infants up climbing surfaces.
5. Remove shoes before entering.
6. Remove eyeglasses, contact lenses and any sharp objects. No necklaces, beads, pins, buckles, or jewelry.
7. The use of rafts, noodles, or any other device, other than ones provided by Business Name , to assist riders in going down the slide is prohibited.
8. Do not climb netting or other containment surfaces.
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9. Flips, wrestling, and horseplay are prohibited on and around the units.
10. Do not allow all users to run in the same direction to avoid tipping the bounce.
11. Do not allow users to come into contact with each other.
12. No face paint allowed in/on inflatables.
13. Persons who are physically impaired, injured, wearing casts, have heart conditions or are pregnant should not use inflatable amusements.
14. No use of any other type of soap, baby oil, lotion, fireworks, candy, food, soda, or silly string on or around inflatables. (Silly string will melt the vinyl and cause serious damage). The use of glitter, confetti, paint, streamers, etc.. IS NOT ALLOWED. A $150-$1000 per unit cleaning fee will be charged to the customer if the use of any of these types of items is found on or in the units. If silly string is found on or around the unit, the customer must be aware that the unit could be stained and need to be replaced. Repair and Replacement Cost of Unit with Silly String will be at customer’s expense.
15. Absolutely NO adults on Bounce House Combos or Bounce Houses for any reason. These units are specifically designed for children. No children over the age of 13. In the situation where it is found that the rules are not being followed or abused, Mitchco reserves the right to pick up equipment immediately with NO refund due to the customer. If it is found that any bounce house is NOT being supervised according to the rules and guidelines listed in this contract; Business Name reserves the right to pick up equipment immediately with no refund due to the customer.
16. Use caution when sliding down any of the water slides. DO NOT JUMP from the top or bounce on the top of the slide platform. Always sit down and slide from the face forward position. DO NOT go down face first on your belly, DO NOT go down backwards. One person down the slide at a time, make sure one person is going up the stairs at a time.
17. A dry unit MUST stay dry. If it is found that you have used water on a unit that you rented dry there will be a $150 cleaning charge immediately charged to your credit card on file.
18. Customer is aware that if a unit is left at a residence or location overnight, Renter/Organization is FULLY responsible for the unit until Business Name returns to pick up the unit. Renter/Organization is also responsible for any damages that might occur overnight by outside pets, vandals, etc.
19. ABSOLUTELY NO ANIMALS OF ANY KIND IN OR AROUND THE RENTED UNIT.
20. Any alteration to the water hose/ mister hose will result in an automatic charge of $25 to credit card on file. Business Name photographs of each delivery and record each water set up. Any call back to the delivery site will result in a $75-$100 travel charge.
21. The number of participants will vary on interactives, obstacle courses, games, carnival games, dunk tanks, jousts, wrecking balls etc.. Standard guidelines will be stated here. Specific rules will be given on site to Lessee or representatives to demonstrate how to operate and use each attraction. Joust 2 participants, Double Lane Obstacle Courses 2 participants, Wrecking Ball 4 Participants of similar size/do not swing from the ball, Please contact Mitchco if you need additional rules or directions on how to operate.
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ACKNOWLEDGMENT AND AGREEMENT
I / We, ________________________________________________, hereby acknowledge that we have read and fully understand Mitchco rental contract; that we will abide by all its terms and conditions; and that we have read and understood all user instructions provided by Mitchco.. We fully understand the potential for unanticipated danger associated with the use of any and all equipment provided by Business Name..
I / We have read and understand, and agree to abide by, all of the terms of the contract, release, of liability, customer acknowledgment, and delivery receipt I/we signed electronically during the reservation and signed on delivery of the contracted equipment by Mitchco provided in pages 1-6.
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Signature of Renter ____________________________________ Date: _____________
Renter Print Name ____________________________________