Rental Agreement
General
The terms “Lessor” refers to Clarksville Inflatables, LLC. The terms “Lessee”, “You” and “Your” refers to you, our customer. The term “Agreement” refers to the rental agreement. The term “Equipment” refers to the rental equipment covered by the agreement including, but not limited to, tables, chairs, tents, inflatables, and concession equipment. Both parties agree to be bound by the terms and conditions of this Agreement. The Equipment is being rented to the Lessee whose name appears on the Rental Order/Invoice and cannot be sub-leased or used by any other party other than that listed on the Rental Order/Invoice. This agreement, along with the Rental Order/Invoice, will constitute the entire agreement.
Price and Payment
A down payment of $50 dollars is due when the Lessee completes the reservation. Rental equipment is not guaranteed until the deposit is received. The remaining balance is due no later than 2 days before the event. Payment can be made using Visa, Mastercard, American Express, Apple pay, Google pay or Discover. Personal checks are not accepted. For corporate clients, corporate checks will be accepted for company events if you or the company has a commercial account with Clarksville Inflatables, LLC. The Lessor will provide the Lessee with a detailed Rental Order/Invoice; however, the invoice amount is subject to change and the Lessee agrees that additional monies will be owed and payable to the Lessor if the Lessee adds equipment to the rental order or if the delivery location changes. Lessee hereby agrees that Clarksville Inflatables, LLC. may charge any credit or debit card or account provided by Lessee for any such change in price resulting in a balance owed by Lessee to Clarksville Inflatables, LLC.
Delivery
Clarksville Inflatables, LLC will strive to accommodate Lessee’s delivery request, however, we cannot guarantee delivery time. Delays and changes in the schedule are sometimes unavoidable. Lessee or its designee shall be present at the time of delivery to inspect the Equipment. Unless Lessee provides Clarksville Inflatables, LLC with notice of missing or defective Equipment, such Equipment shall be deemed inspected, checked, and accepted by Lessee. Tents will be properly set up and secured in a designated area by the delivery personnel. All additional items will be placed under the tent to be set up by the Lessee, unless otherwise requested. If you would like us to set up your tables and chairs, there will be an additional fee of $1.00 per chair & $2.00 per table and must be scheduled at the time of reservation. The Lessee takes full responsibility for the proper setup of tables and chairs. Delivery fees are based on the distance from our warehouse. Additional delivery charges will occur for the second floor or higher delivery locations, basement delivery locations and excessive distance from the street. Specific delivery and pickup times and after-hours delivery and pickup may be available for an additional charge. The delivery fees quoted are subject to change after site inspection. Lessee is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location, including without limitation. Clarksville Inflatables, LLC may refuse, without penalty, delivery and/or retrieval of the Equipment if Lessee fails to provide safe means of ingress and egress.
Permits and Licenses
Lessee is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, homeowners associations and/or government for the lawful and safe use of all rental Equipment.
Underground Utilities
Stakes are driven between 1-4 feet into the ground. If any underground systems including but not limited to, dog fences, gas lines, underground electrical lines, outdoor lighting, septic system, and sprinkler systems are not properly marked, Clarksville Inflatables, LLC will not be responsible for any underground damage. Lessee will notify 811 and request to have the major utility line marked in the set-up area. They only mark the main lines of the utility companies. Anything else underground is the lessee’s responsibility to mark. Please do not remove the flags placed by 811. Doing so will prevent us from anchoring your tent or inflatable. If we can’t anchor, we can’t install tents or inflatables. This inspection should happen 1-3 days prior to delivery of the rental equipment.
Modification and Cancellation to Your Rental Order
Additions to your order can be made up to 48 hours prior to your scheduled delivery, so long as the equipment is available, except for tent walls. Tent walls must be added at the time of your reservation and may not be canceled for any reason. Cancellation of select Equipment or cancellation of your entire Rental Order can be made be up to the scheduled event date, however, cancellation fees will apply as follows: Cancellations occurring 30 days or more prior to the event date will not have a cancellation fee and you will receive 100% of your money back. Cancellation of event with less than 48-hour notice forfeits entire deposit. Cancellations occurring 1 day prior to the event date will result in a cancellation fee equal to 50% of the total Rental Order/Invoice. If this cancellation is due to severe weather conditions, we will issue you a rain check that will be good for 12 months. This rain check must be used by you as it is non- transferable. Cancellation after set-up has begun forfeits any refund.
Taxes and Insurance
Any sales, use, or similar taxes, tariffs, fees, or other levies, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the delivery, use, or rental of the Equipment, shall be payable by the Lessee. Clarksville Inflatables, LLC. is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental of Equipment to Lessee except for our Accidental Damage Waiver protection.
Substitutions
Should a requested product become unavailable at any time, we reserve the right to substitute alternative products for an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.
Rental Item Wear
Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality.
Damage, Destruction, and Loss
Lessee acknowledges that in the event any rented Equipment sustains any damage or destruction or is lost or is stolen while under rent to Lessee, Lessee agrees to pay Clarksville inflatables, LLC the full retail replacement cost unless you have chosen to purchase our optional Accidental Damage Waiver Protection. (See the next paragraph for more details about the protection.) Clarksville Inflatables, LLC may agree to a prorated cost of repairs to the equipment at their sole discretion if repairing the Equipment will return the Equipment to its pre-rented condition. Lessee further agrees to accept full responsibility and liability for the use of the Equipment. Stapling, gluing, or taping anything to the tent poles, tent tops, chairs tables or inflatables is considered destruction, and you will be charged the full replacement cost for the damaged equipment. You may use tape on the underside of the table only.
Accidental Damage Waiver
Our Accidental Damage Waiver waves up to $750.00 US dollars of repair or replacement cost if the rental equipment gets accidentally damaged while in your care. The Accidental Damage Waiver is available at the time of reservation on most items. Excluded from this waiver, however, is loss due to theft, burglary, misuse, abuse, animals, fire, theft by conversion, intentional damage, mysterious disappearance, or any loss due to your failure to care for the rental equipment. Damage that arises from moving an inflatable or tent once it is installed by our team will be considered intentional damage. The cost is just 8% of the total rental charge, excluding delivery charges.
Return of Rented Equipment
All trash and decorations of any kind should be removed from the event area before the scheduled pickup time. Tables and chairs should be wiped down with a damp cloth and all tape residue removed from the underside of the tables. All chairs and tables should be stacked the same as when they were delivered. Concession equipment requires special cleaning products, and some components cannot be submerged into water. Do not attempt to clean any Concession Equipment. Your rental charge covers the cost of cleaning that equipment. Lessee or its designee shall be present at the time of pick up to verify the transfer of Equipment from the Lessee to Clarksville Inflatables, LLC. Lessee shall make available all rented Equipment at the time, date, and place designated. Lessee shall return all rented Equipment in the same condition and manner as Lessee received them. Lessee shall be responsible for the safe and secure storage of all rented Equipment while in the Lessee possession. Lessee agrees and acknowledges that if Lessee fails to return all rented Equipment to Clarksville Inflatables, LLC or if Lessee fails to make all rented Equipment available for pickup at such time, date, and place, then Lessee is subject to additional service charges. Lessee gives Clarksville Inflatables, LLC permission to enter their property for the purpose of collecting the rental equipment.
Weather
Clarksville Inflatables, LLC has no connection with Mother Nature, and we cannot control the weather on the day of your event. We will, however, deliver your equipment and set up your tent or inflatable rain or shine if it is safe to do so. October-March, inflatables cannot get wet and would need to be rescheduled or cancelled in the event of rain or snow. We reserve the right to alter your pickup date and times based on the weather. Lessee understands that tents are temporary structures designed to provide limited protection from weather conditions, primarily sun and rain; however, there may be situations, particularly involving strong winds and lightning, in which the tents will not provide protection and may even be damaged or blown over. Evacuation of tents to avoid possible injury is recommended when severe weather threatens the area where the tent is located. People must leave tents and not seek shelter in tents during such conditions. It is the Lessee’s responsibility to be aware of changing weather conditions and to exercise their best judgment with regards to evacuation of tents and inflatables. Inflatable must be deflated during severe weather with wind speeds exceeding 20 MPH. If the wind speed is below 20 MPH and rain is present, cover the blower with a table or other similar object. Do not deflate the inflatable. For additional safety requirements refer to the safety card attached to the inflatable and or the inflatable waiver.
Disclaimer of Consequential and Incidental Damages
Clarksville Inflatables, LLC shall in no way be liable to the Lessee, its employees, volunteers, sponsors, or partners for any damages or losses including without limitation, direct, indirect, consequential, special, and incidental or punitive damages resulting from or related to Clarksville Inflatables, LLC obligation pursuant to this agreement. In no case will Clarksville Inflatables, LLC be liable for, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Clarksville Inflatables, LLC has been advised of the possibility of such damages, which Lessee or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect, misuse or abuse of the rental Equipment. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property damaged by the use of the Equipment. Lessee and its employees, volunteers, sponsors, and partners, shall independently indemnify, defend, and hold harmless Clarksville Inflatables, LLC, its owners, employees’ agents and volunteers from and against all lawsuits, claims, actions, and liabilities, of any nature, arising in any manner from, relative to, or in conjunction with the scheduled event under this agreement.
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.
SAFETY RULES
It is the responsibility of the person/s or organization renting this inflatable equipment to ensure that all possible precautions are taken to avoid injury to people or damage to the inflatable. Please ensure the following safety instructions are followed:
1) No food, drink, chewing gum, on or around the Inflatable. This will avoid a choking risk and keep the unit clean. Please do not tape balloons to units. (Please note if the inflatable is collected in a dirty condition, then the person renting will incur a $150.00 cleaning charge.
2) Shoes, glasses, jewelry, and badges MUST be removed before using the inflatable to avoid injury to peoples using the equipment and harm to the Inflatable.
3) NO face paints, party poppers, colored streamers, glitter, SILLY STRING or SMOKING either on or near the Inflatable. (Please note these products will cause damage to the Inflatable that cannot be cleaned or repaired) Lessee agrees to pay up to $5000.00(Five thousand dollars and 0 cents) replacement charge.
4) Only 1 rider allowed at the top of water slide at a time, or 2 riders for double lane slides, 6 riders per bounce house or combo unit.
5) Clarksville Inflatables, LLC is not responsible for striking or damaging any underground utility lines/devices (included but not limited to: electrical, plumbing, gas lines, sprinkler, etc.). It is the lessee’s responsibility to tell Clarksville Inflatables, LLC where inflatable is to be set up and have any underground utility lines marked prior set up.
6) Climbing, hanging or sitting on walls is dangerous and must not be allowed.
7) A responsible Adult must supervise the inflatable at all times.
8) Always ensure that the Inflatable is not overcrowded, and limit numbers according to the safety rules posted on the rental unit, age and size of children using it. Always avoid large and small children from using the inflatable at the same time.
9) Ensure Children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.
10) Absolutely no pets, toys or sharp objects on the inflatable at any time.
11) Do not allow anyone to bounce on the front safety step as this is dangerous
12) Do not allow anyone to be on the inflatable equipment during inflation or deflation as this is DANGEROUS.
13) Please ensure that Children are not attempting somersaults and are clothed appropriately and that nothing can fall out of their pockets.
14) In the event that the blower stops working, please ensure all users get off the inflatable immediately and calmly. BEFORE CONTACTING US: Check the cord connected to the blower and outlet. Check the breakers on your service panel (breaker box) located inside your house or business, check all GFCI plugs by pushing the RESET button to insure it has not tripped. Make sure the blower tube or deflation tube has not come undone or something has not blown onto and is obstructing the blower. In the event that it overheats, or loses power, switch the blower off at the switch located on the blower, unplug the blower from the electrical outlet, and wait 1 or 2 minutes. then switch it back on again, and it should restart. If it does not, contact us immediately.
15) THE MOST IMPORTANT RULE: DO NOT let children play on the inflatable without adult supervision. Adult supervision is necessary to enforce these rules for safe operation of the Inflatable.
Merger Clause: This signed Agreement in conjunction with the signed Rental agreement, Instruction Manual, Safety checklist, Chargeback Agreement and Reservation Form contains the entire agreement between the Lessor and the 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.
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESSED OR IMPLIED. The person/s or organization renting this Equipment from Clarksville Inflatables, LLC will be held responsible and liable for any and all damage or injury occurring for any reason whatsoever. I have read the above agreement and fully understand and accept the conditions above. I am aware that while in my care I am fully responsible for the inflatable and will pay for any loss or damage that may occur.
Conclusion
The Lessee is solely responsible for any additional charges incurred as a result of failure to meet the conditions outlined in this agreement. All collection fees, attorney’s fees, court costs, or any expense involved in the collection of rental charges will be the Lessee’s responsibility. Lessee hereby agrees that these terms along with the Rental Order/Invoice shall constitute the entire agreement between Lessee and Clarksville Inflatables, LLC. and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.