Section 1: Definitions & Parties
Bay Area Margarita Rentals Agreement and Release of Liability (hereinafter referred to as the "Agreement") is entered into by and between Bay Area Margarita Rentals, a company located in Redwood City, California (hereinafter referred to as the "Company") and the individual or entity renting the equipment (hereinafter referred to as the "Renter"). The Company and the Renter are collectively referred to as the "Parties".
The purpose of this Agreement is to outline the terms and conditions under which the Renter agrees to equipment, including but not limited to bounce houses, water slides, and other related equipment (collectively referred to as the "Equipment") from the Company for use at a specified event or location. This Agreement also includes the release of liability and assumption of risk by the Renter with respect to any accidents, injuries, or damages that may occur in connection with the use of the rented Equipment.
By entering into this Agreement, the Renter acknowledges and agrees to be bound by its terms and conditions, as well as any additional rules, guidelines, or safety instructions provided by the Company in relation to the rental and use of the Equipment. This agreement is in addition to the Terms & Conditions & Privacy Policy which can be found on our website.
Section 2. Safety Guidelines and Instructions
2.1 General Safety: All users must follow the safety guidelines and instructions provided by Bay Area Margarita Rentals at all times. Failure to do so may result in injury, damage to the equipment, and/or termination of the rental agreement without refund.
2.3 Prohibited Activities:
The following activities are strictly prohibited in or around the bounce houses:
a) Drinking alcoholic beverages or using drugs
b) Smoking or using any tobacco products
c) Climbing on the outside walls of the bounce house
d) Wearing shoes or bringing any pointy or sharp objects, such as earrings, knives, glasses, or glass items
e) Using silly string, chemicals, or liquids that may cause damage to the equipment
f) Jumping from a high location onto or into the bounce house
g) Using the bounce house for any activity other than its intended purpose
2.4 Weather Conditions:
In the event of winds above 13 mph, rain, lightning, or other adverse weather conditions, users must immediately deflate the bounce house and discontinue use until conditions improve. Using the bounce house during such conditions may result in injury or damage to the equipment.
2.5 Health Restrictions: The following individuals should not use the bounce house: a) Pregnant individuals b) Individuals with medical issues, such as neck, back, or bone conditions c) Infants or very small children who are unable to safely use the equipment.
2.6 Equipment Adjustment: If the bounce house is moved from its original location set by Bay Area Margarita Rentals, users must adjust it back to the original location to prevent damage to the equipment or surrounding surfaces.
2.7 Surface Protection: Users must ensure the bounce house is not rubbing against any surfaces, rocks, or sprinkler systems, as this may cause damage to the equipment.
2.8 Additional Safety Rules: Users must follow any additional safety rules, advice, recommendations, and warnings provided by Bay Area Margarita Rentals or its representatives. Failure to do so may result in injury, damage to the equipment, and/or termination of the rental agreement without refund.
Section 3. Rental Period and Delivery
3.1 Rental Period: The rental period for the Equipment shall commence on the date and time specified in the Agreement (hereinafter referred to as the "Start Date") and shall terminate on the date and time specified in the Agreement (hereinafter referred to as the "End Date"), unless otherwise agreed upon in writing by the Parties. The period between the Start Date and End Date is hereinafter referred to as the "Rental Period".
3.2 Delivery and Setup: The Company shall deliver and set up the Equipment at the Renter's designated location (hereinafter referred to as the "Event Location") on the Start Date. The Renter shall ensure that the Event Location is suitable for the Equipment and complies with all applicable laws, regulations, and safety requirements. The Renter is responsible for obtaining any necessary permits or authorizations required for the use of the Equipment at the Event Location.
3.3 Pickup and Removal: The Company shall pick up and remove the Equipment from the Event Location at the end of the Rental Period, unless otherwise agreed upon in writing by the Parties. The Renter shall ensure that the Equipment is clean, dry, and in the same condition as when it was delivered, subject to normal wear and tear. The Renter shall be responsible for any additional fees or charges incurred by the Company as a result of the Renter's failure to comply with this provision.
3.4 Delays: In the event of any delay in the delivery or pickup of the Equipment due to circumstances beyond the Company's control, including but not limited to weather conditions, transportation issues, or equipment malfunction, the Company shall not be held liable for any resulting damages or losses incurred by the Renter. The Company shall make reasonable efforts to promptly notify the Renter of any such delays and to reschedule the delivery or pickup as soon as reasonably possible.
Section 4. Rental Equipment
4.1 Equipment Description: The Renter agrees to rent the Equipment as specified in the Agreement, which may include but is not limited to bounce houses, water slides, obstacle courses, tables, chairs, and heaters. The specific items, quantity, type, and any additional accessories or components shall be detailed in the Agreement or in an attached exhibit.
4.2 Equipment Condition: The Company shall deliver the Equipment in good working order, clean, and in a safe condition. The Renter agrees to inspect the Equipment upon delivery and immediately notify the Company of any defects, damages, or concerns before using the Equipment. The Renter's failure to report any issues upon delivery shall be deemed as acceptance of the Equipment's condition.
Section 5. Payment Terms
5.1 Rental Fees: The Renter shall pay the Company the rental fees for the Equipment as specified in the Agreement. The rental fees shall be due in full upon the execution of this Agreement or as otherwise agreed upon by the Parties in writing.
5.2 Security Deposit: The Renter may be required to pay a security deposit to the Company as specified in the Agreement. The security deposit shall be due upon the execution of this Agreement or as otherwise agreed upon by the Parties in writing. The Company shall refund the security deposit to the Renter within a reasonable time after the end of the Rental Period, provided that the Renter has complied with all terms and conditions of this Agreement and returned the Equipment in the same condition as when it was delivered, subject to normal wear and tear.
5.3 Additional Charges: The Renter shall be responsible for any additional charges incurred by the Company as a result of the Renter's use of the Equipment, including but not limited to late fees, cleaning fees, repair or replacement costs for damaged or lost Equipment, or any other fees or expenses specified in the Agreement.
5.4 Payment Schedule: Any unpaid amounts due under this Agreement shall be subject to interest at the rate of 15% per month, or the highest rate allowed by law, whichever is less. The Renter shall also be responsible for any collection costs, including reasonable attorney's fees, incurred by the Company in enforcing the payment terms of this Agreement.
Section 6. Safety and Use Guidelines
6.1 Compliance with Guidelines: The Renter agrees to comply with all safety and use guidelines provided by the Company, including but not limited to the proper setup, operation, and supervision of the Equipment. The Renter acknowledges that failure to adhere to these guidelines may result in accidents, injuries, or damages and may also void any warranties or protections offered by the Company.
6.2 User Restrictions: The Renter shall ensure that the Equipment is only used by individuals who meet the minimum age, height, weight, and any other requirements specified by the Company or as required by law. The Renter shall also ensure that the Equipment is not used by anyone under the influence of drugs or alcohol or anyone who may pose a risk to themselves or others due to health issues or other conditions.
6.3 Supervision: The Renter shall provide adequate supervision at all times during the use of the Equipment to ensure the safety of all users and to prevent any misuse or abuse of the Equipment.
6.4 Proper Use: The Renter shall ensure that the Equipment is used only for its intended purpose and in accordance with any instructions or guidelines provided by the Company or the manufacturer. The Renter shall not modify, alter, or tamper with the Equipment in any way.
Section 7. Liability, Indemnification, and Release
7.1 Liability: The Renter assumes full responsibility for any accidents, injuries, damages, or losses that may occur in connection with the use of the Equipment during the Rental Period. The Renter agrees that the Company shall not be held liable for any such incidents or any resulting claims, liabilities, or expenses, except to the extent caused by the Company's negligence or willful misconduct.
7.2 Indemnification: The Renter agrees to indemnify, defend, and hold harmless the Company, its owners, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, expenses, or costs, including reasonable attorney's fees, arising out of or in connection with the Renter's use of the Equipment or any breach of this Agreement by the Renter.
7.3 Release of Liability: By entering into this Agreement, the Renter knowingly and voluntarily releases the Company, its owners, officers, employees, agents, and affiliates from any and all liability, claims, or demands arising out of or in connection with the Renter's use of the Equipment, to the fullest extent permitted by law.
7.4 Insurance: The Renter acknowledges and agrees that they are 100% responsible for obtaining and maintaining all necessary insurance coverages, including but not limited to auto insurance, workers' compensation insurance, health insurance, and any other insurance required by law. The Company shall not be responsible for providing or paying for any insurance on behalf of the Renter.
Section 8. Equipment Maintenance and Return
8.1 Renter's Responsibility: The Renter is responsible for the proper care, maintenance, and security of the Equipment during the Rental Period. The Renter shall promptly notify the Company of any problems, malfunctions, or damage to the Equipment and shall not attempt to repair the Equipment without the Company's prior approval.
8.2 Cleaning and Inspection: Upon the completion of the Rental Period, the Renter is responsible for cleaning and inspecting the Equipment before returning it to the Company. The Equipment should be free of debris, dirt, and excessive moisture, and all components should be properly stored and secured. The Renter shall report any damages, missing parts, or other issues to the Company upon return of the Equipment.
8.3 Return of Equipment: The Renter shall return the Equipment to the Company's designated location at the end of the Rental Period, during the Company's normal business hours or as otherwise agreed upon by the Parties in writing. The Renter shall be responsible for any late fees or additional charges incurred due to late or improper return of the Equipment.
Section 9. Cancellation and Rescheduling
9.1 Cancellation by Renter: The Renter may cancel the rental agreement by providing written notice to the Company. If the Renter cancels the Agreement more than 2 weeks before the start of the Rental Period, the Company shall refund any amounts paid by the Renter, minus a cancellation fee equal to 25% of the total rental fees. If the Renter cancels the Agreement within 2 weeks of the start of the Rental Period, the Company shall be entitled to retain the entire rental fee.
9.2 Rescheduling: The Renter may reschedule the rental for a later date, subject to the Company's availability, by providing written notice to the Company at least 2 weeks before the start of the Rental Period. The Company may, in its sole discretion, allow the Renter to apply any amounts paid toward the rescheduled rental.
9.3 Cancellation by Company: The Company reserves the right to cancel the rental agreement at any time, for any reason, including but not limited to inclement weather, equipment unavailability, or safety concerns. In the event of such cancellation, the Company shall refund any amounts paid by the Renter, and the Renter shall have no further claims or rights against the Company.
Section 10. Force Majeure
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, fires, floods, earthquakes, strikes, or other natural disasters or labor disturbances (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, the affected Party shall notify the other Party as soon as reasonably practicable and shall use its best efforts to minimize the impact of the Force Majeure Event on the performance of its obligations under this Agreement.
Section 11. Governing Law and Dispute Resolution
11.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles.
11.2 Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the matter through good faith negotiations. If the Parties are unable to resolve the dispute through negotiation, either Party may submit the dispute to binding arbitration in accordance with the rules and procedures of the American Arbitration Association or another mutually agreed-upon arbitration provider. The arbitration shall take place in Bakersfield, California, or another location mutually agreed upon by the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing Party in any arbitration or legal proceeding arising out of this Agreement shall be entitled to recover its reasonable attorney's fees and costs.
Section 12. Miscellaneous
12.1 Entire Agreement: This Agreement, also including the Terms & Conditons & Privacy Policy located on our website, including any exhibits, attachments, or schedules hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties in connection with the subject matter hereof.
12.2 Amendments: This Agreement may be amended, modified, or supplemented only by a written instrument executed by both Parties.
12.3 Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against whom it is sought to be enforced. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or any other provision hereof.
12.4 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law, the remaining provisions shall not be affected, and this Agreement shall be reformed, construed, and enforced to the maximum extent permitted by law.
Section 13. Notices
All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, delivered, or served when delivered personally, sent by email (with confirmation of receipt), or sent by registered or certified mail (return receipt requested), postage prepaid, to the Parties at the addresses specified in this Agreement or at such other addresses as either Party may designate by notice to the other Party in accordance with this Section 13.