Rental Agreement

Soda City Bounce Rental Agreement

In consideration of the Rental Equipment described on the invoice page of this Rental Agreement and General Release and in addition to all of the terms and conditions set forth on the previous page of this agreement, the parties do further agree as follows:

1. Identity of parties: For the purposes of this Rental Agreement, “Soda City Bounce”, shall mean Soda City Bounce, LLC, its owners, officers, directors, employees, contractors, and agents. “Customer” shall mean the person(s) or company listed in the “Rented To” box on the invoice page of this agreement as well as the person signing the agreement (if different), and their agents and/or employees.

2. Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from Soda City Bounce certain equipment described on the invoice page of this agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as “Start Time” on the invoice page of this agreement, but all of the customer’s obligations arising under the terms and conditions of this Rental Agreement shall run from the actual delivery of the rental equipment to the actual pickup of the rental equipment by Soda City Bounce. If the equipment is delivered and accepted by customer, then the customer shall not be entitled to any refund whatsoever if customer elects not to use the equipment due to weather or other causes.

3. Return Check Policy: In the event that a check is returned to Soda City Bounce for insufficient funds, customer agrees to pay the total rental price as well as an additional $75.00 return fee.

A. General Misuse: Do not allow riders to play or climb on walls, sides, or roof of inflatable. Please do not allow water or a water hose near a dry inflatable. If the inflatable should become wet, have an adult wipe down unit before riders return. Make sure the unit is not wet when riders return.

B. Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable.

-Spilled Food, drink or the uses of Silly String could result in a $100-$500 Cleaning Fee.

-Negligence or damage to the unit(s) could result in a $500 - $15,000 Repair Fee.

-If the unit is not repairable, a fee of $500 - $15,000 could result

-If inflatable is not covered during rain (either a tarp or following verbal instruction) there will be a

$100 drying/cleaning fee.

-Any mud or sand in or on unit could result in a $100 - $500 cleaning fee.

7. Equipment problems: Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand the operating instructions, the customer agrees to immediately cease use of the equipment. In particular, if the inflatable unit begins to deflate, customer will immediately have the riders exit the unit and then check for one of the following conditions: 1) The motor has stopped; in which case check the power cord connection at the outlet where the unit plugs in to make sure that it has not been unplugged; 2) If the motor continues to run, check for blockage of the air intake screen on the side of the blower unit. Also, check both air tubes on the back of the unit for snugness and tighten the ties if necessary; 3) If either of these steps corrects the problem, fully re-inflate the unit prior to permitting anyone to use the unit; 4) If you cannot correct the problem, call our office at (803) 521-0626.

9. Customer Acknowledgement: Customer acknowledges and certifies that they have had sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions on all pages and that they understand its content and that they execute it freely, intelligently, and without duress of any kind.

10. Entire Agreement: This Agreement constitutes the full Agreement between Soda City Bounce and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of the Rental Agreement and General Release and the fact that it is in good working order.

Customer Notes

Silly string, soaps, and oils are prohibited! A $200 cleaning fee will be accessed if any equipment has silly string, soaps, or oil on it.

This unit must be set up on a completely flat surface. If not, the water will sit to one side of the pool. Safety is crucial! Adult supervision is required at all times!

For units rented as a wet slide: After the splash pool is filled, there’s a minimal water usage. The water does not run on full blast the entire time.

A workable electrical outlet is required per unit rented. (We will provide extension cords.)

TERMS OF LEASE:

In addition to the terms below, and the operation guidelines on each rented item, the Lessee (customer) agrees to supervise the operation of any rented item and further agrees that if the item is damaged that he/she will reimburse Soda City Bounce for the full price to fix the damage and/or the full replacement value of the rented item. Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Lessee’s full satisfaction and understanding.

GENERAL RULES FOR SAFE OPPERATION:

Units must be operated over a smooth, compatible surface such as; grass or hard top surface. The unit may NOT be operated on rough surfaces such as; rocks, brick, glass or any ragged objects. Unit cannot be moved by lessee after placed by Soda City Bounce employees/contractors. Unit MUST BE properly anchored prior to use. Unit will be anchored initially by Soda City Bounce employees/ contractors and the anchors MUST NOT be removed during period of use. NEVER attempt to relocate, adjust or service a blower. NEVER use during high winds, gusty winds, thunderstorms or lightning. The unit can turn over in high winds, even if anchored and this would result in severe injury to the users. DO NOT resume use of the unit until adverse weather conditions have cease. DO NOT use anything on the unit other than water. Prohibited items include but are not limited to: soaps, oils, floatation devices, or anything other than water. ALWAYS follow the manufacturers guidelines, located on the unit itself.

ADDITIONAL SAFETY RULES:

Before entering the unit have users remove their shoes, eye glasses, belt buckles and any sharp objects. NEVER play, jump or enter a partially inflated/deflated unit. NEVER allow the users to climb or play on the outside or inside walls of the unit, columns, netting or roof of unit. ALWAYS follow the number of riders and rules posted on the unit. DO NOT plug or unplug the motor repeatedly, as this will cause the unit to burn up and you will be responsible for any resulting damages. ALWAYS have an adult present who has reviewed and understands both the contract and rules posted on the unit itself, who can supervise the riders. NEVER allow users to be unsupervised in or around the unit. NEVER allow more users than the maximum number of users per age group as described within this lease and on the unit itself. NEVER place a hose or water on or into the unit unless authorized by Soda City Bounce. DO NOT allow horseplay on, in, or around the unit. ALWAYS follow the directions for use on the unit itself. ONLY children of the same age and weight group are to play on the unit at the same time.

ADDITIONAL TERMS OF LEASE:

Soda City Bounce is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. ABSOLUTELY NO silly string or similar items, such as, but not limited to, food, drinks, confetti, foam or trash, in or around the unit at any time. Silly string and like objects will cause permanent damage to the unit and the lessee will be responsible for the full replacement value of the rented unit and/or assessed a $200.00 cleaning fee if the unit is determined not permanently damaged. Lessee agrees NOT to operate the unit(s) in a manner contrary to this contract and the rules of use on each unit. If lessee operates the unit(s) in a manner contrary to the contract and rules of use on each unit, and the unit(s) are damaged, the lessee agrees to pay the cost of repair or full replacement value of any damaged equipment or unit(s). Lessee agrees that the equipment leased is for lessee’s own use and said equipment is not being loaned, sub-let, mortgaged or in any other manner disposed of by lessee. Lessee further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.

HOLD HARMLESS PROVISIONS:

Lessee agrees to indemnify and hold Soda City Bounce harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including but not limited to: reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of leased equipment. This includes but is not limited to, the manufacture, selection, delivery, possession, use, operation or return of the equipment. Lessee hereby releases and holds harmless Soda City Bounce from injuries or damages incurred as a result of the use of the leased equipment. Soda City Bounce cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and holds harmless Soda City Bounce from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.

DELIVERY/ OPERATION/ PAYMENTS:

Delivery will be to the address specified by Lessee. Lessee grants Soda City Bounce and its employees/contractors, the right to enter said property for the delivery and return of the rented equipment at approximate agreed upon time. All payments must be made on day of delivery prior to setup. No refunds will be made after the equipment has been delivered. The Lessee agrees to provide one electrical outlet rated at 115 volts with 20 amps capacity per unit within 50 feet of each unit. If the blower stops or the air pressure is low, remove all users immediately, and then check on the problem. Air tubes in the rear of the unit should be tied securely to the blower and tied off to prevent air from escaping. The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit. Circuit breakers should also be checked. Soda City Bounce is not responsible for any electrical issues with the breaker or the circuit. No refunds will be given for electrical issues after delivery and setup of the unit is complete.

DISCLAIMER OF WARRANTIES:

Soda City Bounce makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact Soda City Bounce at 803-521-0626 if any of the lease equipment develops any indication defect or improper working conditions. Lessee agrees to use the equipment at Lessee’s own risk.

OVERNIGHT RENTALS:

Lessee understands and acknowledges that the blower is to be removed from the inflatable device and locked up in a secure location overnight.

BREACH/INDEMNITY/ARBITRATION:

In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify Soda City Bounce for all costs incurred by Soda City Bounce incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees and costs. If Soda City Bounce determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of the lease, Soda City Bounce may exercise any of the following remedies: termination of this agreement, reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available by law. If a conflict arises, Soda City Bounce will abide by the South Carolina state laws and forgo filing a lawsuit to solve the dispute.

BY SIGNING MY NAME ON THIS CONTRACT I, BEING THE LESSEE, CONTACT PERSON, LESSEE REPRESENTATIVE, OR OTHER INDIVIDUAL ASSUMING THE ROLE OF LESSEE, ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS CONTRACT AND ANY AND ALL ACCOMPANIED ADDENDUM(S). I HAVE BEEN FULLY INSTRUCTED BY Soda City Bounce PERSONNEL AS A TRAINED OPERATOR FOR THE AFFORMENTIONED EQUIPMENT AND HAVE HAD ALL OF MY QUESTIONS ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT I AM SOLEY RESPONSIBLE FOR ADHERING TO THE TERMS SET FORTH BY THIS RENTAL CONTRACT AGREEMENT AND ANY AND ALL ACCOMPANIED ADDENDUM(S).

Print Name

Your Signature

Today's Date

4. Weather: Soda City Bounce cannot guarantee weather condition. We reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have reason to believe that the equipment and/or its users may be in danger. Some examples of severe weather conditions are high winds, rain, snow, thunder, and/or lightning. In the event of severe weather during a rental, customer agrees that he/she/they will unplug the inflatable, allow it to deflate, and not use the equipment until severe weather ends.

5. Care of the Rental Equipment: Customer shall be responsible for any and all the 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. Customer shall be liable to Soda City Bounce for any and all 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-approval items such as chemicals, food, paint, silly string, mud, clay, or other materials.

6. Possession: Customer’s right to possession of the Rental Equipment begins upon the items being delivered to Customer’s premises and terminates on the actual pick up by Soda City Bounce. Retention of possession or any failure to permit the pickup of the equipment at or after the end of the “Rental period” specified constitutes a material breach of this agreement. In the event that the equipment is not returned for any reason, including theft, the customer is obligated to pay to Soda City Bounce the full replacement value for such equipment listed on the invoice page of this agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the equipment by Soda City Bounce. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the delivery address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, Soda City Bounce may take possession of said items without further notice or legal process and use whatever force is necessary to do so. Customer hereby agrees to indemnify, defend, and hold Soda City Bounce harmless from any and all claims and costs arising from such retaking. If rental items are stolen, or otherwise moved from the delivery address, customer shall notify Soda City Bounce immediately.

8. Cancellation/Refund Policy: Customer will only receive a full refund of deposit if customer cancels due to rain or inclement weather conditions. Inclement weather is the only variable that will necessitate a refund. A REFUND WILL NOT BE ISSUED for any other reason except inclement weather. The time period for weather cancellations will be judged on a case by case basis, but no later than 8AM the date of the rental to receive a refund. NO REFUND will be issued after the equipment has been delivered, even if the equipment is not used. A) If the equipment malfunctions or is inoperable, it is the sole responsibility of the customer to notify Soda City Bounce immediately. If Soda City Bounce, is not notified and given a chance to correct the problem, NO REFUND will be issued.