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RENTAL AGREEMENT AND GENERAL RELEASE

 

In consideration of the rental equipment described on the invoice page of this Rental Agreement and General Release, the parties agree to the following:

1. Indemnification and General Liability

To the fullest extent permitted by law, the undersigned (“Customer”) agrees to indemnify, defend, and hold harmless Bounce House Fresno LLC (“Company”), including its owners, officers, agents, employees, contractors, insurers, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities, damages, losses, expenses, and attorney’s fees (including but not limited to those arising from bodily injury, personal injury, death, or property damage), arising out of or in connection with the possession, use, misuse, or operation of the rented equipment, even if caused in part by the Company’s passive negligence.

This indemnity does not apply in cases of gross negligence or willful misconduct as defined under California Civil Code §2782.

Customer further agrees:
- They assume all risks associated with the use of rented equipment.
- They are solely responsible for the safety and supervision of all participants.
- The Company is not responsible for injuries or damages resulting from failure to follow instructions or misuse.

This section survives the termination of the rental agreement.

2. Equipment, Rent, and Term

Equipment rented and corresponding fees are listed on the invoice. Full payment is required before the rental term begins. Rental term starts upon delivery and ends upon pickup. Once delivered and accepted, no refund shall be issued for unused equipment except as otherwise noted in the weather or cancellation policy.

3. Operation Requirements

Customer must provide a 115-volt, 20-amp electrical outlet within 50 feet of each inflatable. Only cords provided by the Company may be used. If a blower stops or loses pressure, all participants must exit immediately, and Customer shall inspect the outlet, breaker, or equipment per instructions. Service calls due to electrical issues may incur a fee.

4. Weather Policy

The Company may cancel, delay, or retrieve equipment early due to weather conditions, including high winds, lightning, or unsafe temperatures. If picked up early for weather safety, Customer may reschedule within 30 days. During active weather events, Customer agrees to unplug and deflate all inflatables and discontinue use.

5. Returned Checks

Returned checks will incur a $75 fee, and Customer remains liable for the full balance.

6. Equipment Damage & Care

Customer is responsible for all damage not caused by ordinary wear and tear. This includes:
- Tears, overloading, or misuse
- Improper anchoring or relocation
- Stains or exposure to food, paint, silly string, or other non-approved items
- Weather-related damage due to failure to deflate or secure equipment

7. Fireworks & Open Flame Disclaimer

Customer agrees that no fireworks, sparklers, fire pits, open flames, or other pyrotechnics of any kind shall be used in or around the rental equipment at any time. Use of such items near inflatables or equipment is strictly prohibited and will be considered gross negligence.

Customer will be held fully liable for any resulting damage to the equipment or property and for any injuries caused by violation of this policy. If evidence of fireworks or fire damage is discovered, Customer may be charged the full replacement cost of the equipment and may be held responsible for additional cleaning, repair, or legal action.

8. Warranties Disclaimer

Company makes no express or implied warranties, including merchantability or fitness for a particular purpose. Equipment is rented “as is.” Any written manuals or setup instructions constitute the full scope of product guidance.

9. Possession and Return

Customer's right to possession begins at delivery and ends at pickup. Failure to return equipment, allow pickup, or relocation without consent constitutes a material breach. In the event of theft, loss, or failure to return, Customer is liable for the full replacement cost and any collection or legal fees.

10. Misuse and Movement Prohibited

Customer may not relocate, adjust, or service equipment after setup. Inflatables must not be used on rough surfaces, over sharp objects, or on unmarked utilities. Units must remain anchored at all times.

11. Overnight Rentals

Overnight rentals must be kept in a secure location. Equipment must be deflated and blowers removed and stored indoors when not in use.

12. Equipment Malfunction

If equipment fails during the rental, Customer must immediately stop use, inspect the unit using provided guidance, and contact Company if unresolved. No refunds will be provided unless the Company is contacted and given the opportunity to remedy the issue.

13. Pickup Inspection

If Customer deflates a unit prior to pickup, it must be re-inflated for inspection and basic cleaning before removal.

14. Cancellation / Refund Policy

Customer may cancel for weather-related reasons or personal circumstances with at least 24 hours notice prior to the scheduled delivery time for a full refund. Cancellations made less than 24 hours in advance will not be eligible for a refund. If equipment malfunctions, Company must be contacted immediately to assess eligibility for a partial credit or replacement.

15. Underground Utilities & Property Damage Disclaimer

Customer is solely responsible for identifying and protecting all underground utilities, irrigation lines, sprinkler systems, septic systems, and any other buried structures at the event location. Customer must contact 811 (Underground Service Alert) or a comparable local utility marking service prior to delivery to ensure all underground systems are properly marked.

Bounce House Fresno shall not be liable for any damage to:
- Underground utilities or irrigation systems
- Landscaping, concrete, patios, driveways, fences, or any structure

Customer accepts full responsibility for any property damage caused by setup, anchoring, or use of the equipment, including water saturation or shifting due to inflatable weight or wind.

16. Release of Liability

Customer acknowledges the risks of using inflatable amusements, including potential injury, illness, emotional distress, or death. By signing, Customer releases Company from all claims related to use of equipment, including those arising from natural causes, negligence, or third parties. Customer agrees to indemnify the Company for any loss, theft, or damage.

17. Rules and Supervision

Customer must supervise all users at all times. Only the Customer or an assigned adult operator may oversee equipment use. Posted rules and those provided in this agreement must be followed.

18. Safety Rules & Operating Instructions

1. Follow posted safety rules on each inflatable.
2. Operator must supervise at all times.
3. Remove users during storms or high winds; unplug the unit.
4. No sharp objects, food, drinks, or gum.
5. Remove shoes, glasses, and jewelry.
6. No flips, somersaults, or roughhousing.
7. No climbing, hanging, or bouncing near openings or corners.
8. Group similar-sized users.
9. Adhere to posted weight and occupancy limits.
10. No use of water unless the unit is designed for it.
11. Splash pools and dunk tanks must use potable water and be refreshed every 4 hours.
12. Drain unattended splash pools unless area is fenced and locked.
13. If inflatable deflates, check for unplugged blower, tripped breaker, or loose air tubes. Fully re-inflate before reuse.

19. Inflatable Pools & Drowning Risk Disclaimer

Some inflatables may include splash pools or water features that can collect and hold water. Even shallow water can pose a serious drowning risk, especially to young children.

Customer acknowledges and agrees that:
- Children must be supervised at all times when water is present in or around inflatable units.
- Pools must be drained if equipment is left unattended, unless the area is fully fenced and secured.
- The Company is not liable for any injuries, accidents, or deaths resulting from drowning or water-related incidents.

Customer assumes full responsibility for enforcing water safety and ensuring that no individual is left unsupervised around any inflatable unit containing water.

20. COVID-19 / Infectious Disease Waiver

Customer acknowledges the risk of exposure to COVID-19 or other communicable diseases and assumes all related risks. The Company shall not be held liable for any such claims.

21. Force Majeure

Company shall not be held liable for failure to perform its obligations under this agreement due to acts of God, severe weather, pandemics, equipment failure, power outages, government orders, or other events beyond its control.

22. Governing Law & Venue

This Agreement shall be governed by the laws of the State of California. Any legal action arising from this Agreement shall be filed exclusively in the courts located in Fresno County, California.

23. Dispute Resolution / Arbitration

Any dispute arising from this Agreement shall first be subject to good-faith mediation. If unresolved, the parties agree to binding arbitration in accordance with the rules of the American Arbitration Association, held in Fresno County, California. Each party is responsible for their own legal fees.

24. Electronic Signatures

This Agreement may be executed and agreed to electronically, and such signatures shall have the same force and effect as original handwritten ones.

25. Equipment Relocation Prohibited

Customer agrees that the inflatable(s), blowers, or any other rental equipment shall not be moved, relocated, or transported from the location where Company originally delivered and set up the equipment.

The equipment must remain:
- At the address listed on the invoice
- In the exact position and orientation where Company placed it

Customer may not:
- Relocate the inflatable within the same property
- Move the equipment indoors or to another yard
- Transport the inflatable to another property or venue

Any unauthorized movement or relocation of the equipment shall be considered a breach of contract and may result in:
- Immediate termination of the rental without refund
- Full liability for damages or injuries
- Additional charges for inspection, retrieval, or repositioning

26. Included with Each Rental

 

Each rental includes delivery, setup, and takedown of the inflatable unit. A 50-foot extension cord is provided with every rental. If the unit requires water, a 50-foot water hose will also be included if applicable or necessary.

 

27. Site Requirements

 

For larger units, the customer must ensure that there is a minimum 4 to 5-foot wide gate or fence opening and an adequate, clear area for setup. The setup area must be flat, unobstructed, and free of hazards such as rocks, sharp objects, or debris.

 

If access to the setup area involves stairs, elevators, or any non-flat paths, the customer is required to inform us in advance so appropriate accommodations can be arranged.

28. Entire Agreement

This document represents the entire agreement between the parties. No oral promises or other terms shall be valid unless in writing and signed by both parties.

Customer Acknowledgement:
I acknowledge that I have read and understood this agreement in its entirety. I voluntarily agree to its terms, have received safety instructions, and assume all responsibility during the rental period.

 

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By signing below, you agree to adhere to the terms and conditions outlined in the rental agreement above.

Customer Name:  _________________________________            

Signature:  _________________________________             Date:  __________07/04/202510:46 AM_____________