Terms and Conditions of Rental Agreement
V. GENERAL RULES OF AGREEMENT:
Event To Supply:
VII. ACKNOWLEDGEMENT: By signing the Rental Agreement, the CUSTOMER acknowledges and certifies that it has had sufficient opportunity to read this entire document, and understands its content and that it was executed freely, intelligently and without duress of any kind and agrees to be bound by its terms. CUSTOMER further warrants and represents that they are either the CUSTOMER named above or are authorized and empowered to accept delivery of the equipment and to sign this Agreement on the CUSTOMER's behalf and as the CUSTOMER's agent. Furthermore, CUSTOMER agrees that they are binding themselves personally as an additional party to all of the terms and conditions of this Agreement.
VI. GENERAL RULES OF AGREEMENT FOR ARCADES:
Event To Supply:
ln the event of an emergency, contact Lidia Saypanya at 414-216-3861 immediately and dial 911 for emergency services (Police, Medical and Fire).
VI. GENERAL RULES OF AGREEMENT FOR INFLATABLES AND ADVENTURE CAVE:
The CUSTOMER or using party shall be in charge of operation and is fully responsible for operation after receiving unit. CUSTOMER agrees to supervise both the equipment and its use at all times said equipment is in the possession of the CUSTOMER. Disclosed in this contract is a set of directions for use and safety rules that CUSTOMER agrees to follow and utilize at all times during the operation and use of the “Unit” (Amusement Equipment or Service).
VI. GENERAL RULES OF AGREEMENT FOR ENTERTAINMENT:
VI. GENERAL RULES OF AGREEMENT FOR OTHER EQUIPMENT:
Event To Supply:
FUN-MAZING RENTALS LLC ADDITIONAL TERMS & CONDITIONS FOR USE OF THE AMUSEMENT PRODUCTS
VII. DELIVERY BY LESSOR: To address specified above by Lessee (customer). Lessee grants Lessor the right to enter said property for delivery and return of equipment. A FUN-MAZING Rentals LLC authorized representative may arrive as early as the 'end' of the 'rental period' or as late as necessary to pick-up leased equipment. Lessee is responsible for all equipment until it is relinquished to a FUN-MAZING Rentals LLC authorized representative. Lessee is strictly prohibited from moving, folding, storing, or removing equipment for any reason. Lessor reserves the right to cancel scheduled event should the event location present potential hazards, unsafe conditions or restrict the proper set-up of leased equipment within FUN-MAZING Rentals LLC, Speleo Cave, Inc and manufacturer guidelines, state regulations, rules, policies and procedures.
*** DELIVERY AND PICK-UP TIMES ARE APPROXIMATE ***
VIII. RAIN / CANCELLATION / REFUND POLICY: The Lessor reserves the right not to refund any deposit should Lessee fail to provide a written cancellation request (via certified mail) prior to seven (7) calendar days of rental. Refund or Rain checks will not be issued in the event the leased equipment is not used for any reason. If the equipment does not work properly, it is the responsibility of the Lessee to notify the Lessor to correct. Lessor reserves the right to cancel / postpone scheduled event for safety reasons (e.g. confirmed severe thunderstorms. hail, winds in excess of fifteen (15) mph, tropical depression, tropical storm, hurricane or tornado conditions) and will issue a full refund to Lessee for deposits and / or confirmed payments received. Lessee may contact their local authorities (e.g., police, medical. fire. local radio, television, media, internet, national weather service) for assistance with monitoring weather patterns and conditions throughout the rental period. Should Lessee fail to notify Lessor of severe weather conditions prior to delivery, Lessor reserves the right not to refund any deposit. Should Lessee cancel event upon delivery, Lessee is subject to a minimum fee of $75.00 and forfeits any and all deposits. In the event Lessee request return of leased equipment after formal cancellation, Lessee is subject to an additional minimum delivery fee of $75.00 plus any delivery fees assessed, based on location of event, on the initial Rental Agreement. Lessee is responsible for monitoring weather conditions throughout the rental period for safe operations.
IX. NSF CHECKS: Lessee understands, acknowledges, and assumes all liability in the event of forwarding to FUN-MAZING Rentals LLC an NSF (Non Sufficient Funds) Check. Lessee's failure to make payable to FUN-MAZING Rentals LLC on an NSF Check within 10 calendar days shall be evidence of Lessee's intent to defraud FUN-MAZING Rentals LLC.
THE FOLLOWING PERSONS ARE STRICTLY PROHIBITED FROM USING LEASED EQUIPMENT: PERSONS THAT WOULD BE CONSIDERED
OVERWEIGHT OR OBESE ADULTS OVER 6'0”AND 200 LBS; PREGNANT WOMEN; INDIVIDUALS ON MEDICATION OR UNDER A PHYSICIANS
CARE; PERSONS WHO HAVE A FEAR OF TIGHT SPACES; THOSE WITH PHYSICAL AILMENTS, INCLUDING WEARING OF CAST, HEART
CONDITIONS, SKELETAL / MUSCULAR INJURY OR PAIN; INDIVIDUALS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AND PERSONS
WHO COULD BE INJURED IN ANYWAY BY THE STRENUOUS ACTIVITY LIKELY TO BE UNDERTAKEN.
XI. LIABILITY RELEASE: The Lessee voluntarily releases, indemnifies, and agrees to hold harmless and discharge FUN-MAZING Rentals LLC from any and all liability claims, demands, actions or rights of actions, whether personal to itself or to a third party, which are related to arise out of or are in any way connected with the rental of the interactive unit including those allegedly attributable to negligent acts or omissions. The Lessee agrees to reimburse any reasonable attorney's fees and cost which may be incurred by FUN-MAZING Rentals LLC in the defense of any such liability claim, demand, action or right of action.
In the event that the Lessee files a cause of action against FUN-MAZING Rentals LLC, the Lessee agrees to do so solely in the State of WI and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. The Lessee agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or OTHER liability insurance to cover any bodily injury or property damage, which might occur to itself, its guest, or its invitees from the use of the unit being rented or else agrees to bear the cost of defense and liability of any such injury or damage itself. The Lessee also waives the right of its insurance company to bring any type of action or proceeding on behalf of the lessee against FUN-MAZING Rentals LLC whether by assignment of claim, subrogation or otherwise.
XIII. LIMITED WARRANTY: Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor's sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee's particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
XV. COMPLIANCE WITH LAWS: Lessee agrees not to use or allow anyone to use the rental equipment for any illegal purpose, or in any illegal manner, or in an unsafe manner. Lessee agrees at his/her/their sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Lessee further agrees to pay all licenses, fines, fees, permits, or taxes arising from Lessee's use of the rental equipment, including any subsequently determined to be due. Lessee is solely responsible for obtaining all permits and/or licenses from the appropriate government agencies prior to use.
XVI. LEGAL FEES: In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court cost in such action or proceeding, in an amount to be determined by the court or arbitrator.
XVII. SERVERABILITY: If any of the terms or conditions of this Agreement is found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.
XVII. COPYRIGHTS AND TRADMARKS: All product designs, product names, logos, trademarks, service marks, trade dress, and related materials (whether or not registered with the United States Patent & Trademarks Office) are proprietary to their company and the sole property of their company.
Event To Supply:
- Cleared out floor space; a building, and overhead lighting if applicable, appropriate electrical service per device (we have generators for rent if needed). FunMazing Rentals and its subcontractors reserves the right to reduce the number of equipment provided if adequate power/space is not available.
- Customer is fully responsible for operation, safety, supervision and security of the equipment when said equipment is in the possession of the customer.
- The organization accepts responsibility for the full replacement of all the equipment or supplies, lost or damaged by fire, theft, or vandalism not covered by the organizations insurance company and any legal expenses incurred by FunMazing Rentals and its Subcontractors in an attempt to recover any losses.
- All equipment listed in good working condition.
- Best entertainment service possible according to rental type.
- A certificate of liability insurance and/or extension cords within the immediate equipment area if applicable.
VII. ACKNOWLEDGEMENT: By signing the Rental Agreement, the CUSTOMER acknowledges and certifies that it has had sufficient opportunity to read this entire document, and understands its content and that it was executed freely, intelligently and without duress of any kind and agrees to be bound by its terms. CUSTOMER further warrants and represents that they are either the CUSTOMER named above or are authorized and empowered to accept delivery of the equipment and to sign this Agreement on the CUSTOMER's behalf and as the CUSTOMER's agent. Furthermore, CUSTOMER agrees that they are binding themselves personally as an additional party to all of the terms and conditions of this Agreement.
VI. GENERAL RULES OF AGREEMENT FOR ARCADES:
Event To Supply:
- Covered floor space; meaning a tent and/or a building, and overhead lighting.
- Electrical service of 4-amperes per amusement device. FunMazing Rentals and its suppliers reserves the right to reduce the number of games provided if adequate power is not available.
- Around the clock security when the equipment in this agreement is present.
- The organization/customer accepts responsibility for the full replacement of all the equipment, lost or damaged by fire, theft, or vandalism not covered by the organizations insurance company and any legal expenses incurred by FunMazing Rentals and its Suppliers in an attempt to recover any losses.
- All equipment listed in good working condition.
- A certificate of liability insurance, extension cords within the immediate game area.
ln the event of an emergency, contact Lidia Saypanya at 414-216-3861 immediately and dial 911 for emergency services (Police, Medical and Fire).
VI. GENERAL RULES OF AGREEMENT FOR INFLATABLES AND ADVENTURE CAVE:
The CUSTOMER or using party shall be in charge of operation and is fully responsible for operation after receiving unit. CUSTOMER agrees to supervise both the equipment and its use at all times said equipment is in the possession of the CUSTOMER. Disclosed in this contract is a set of directions for use and safety rules that CUSTOMER agrees to follow and utilize at all times during the operation and use of the “Unit” (Amusement Equipment or Service).
- A responsible ADULT must supervise any unit at all times. Do not allow participants to enter unit without ADULT supervision.
- Participants must not be allowed to play or climb on the unit’s exterior other than through the designated entrance.
- All participants must remove shoes, jewelry, eyeglasses, combs or any other hard objects that could cause injury to other participants or that might scratch or damage the Unit itself.
- Absolutely NO food, drink, gum, candy, SILLY STRING, CONFETTI, fingernail polish, paint, make-up, solvents, sticky substances, or pets are allowed inside the Unit.
- When participants are in the Unit, there shall be NO wrestling, pushing or any other aggressive behavior that could injure other participants.
- Water hoses, water balloons, or water guns must not be used in the Unit.
- If outdoors, the Unit should not be used in the event of lightening, thunderstorms, high winds or severe weather.
- If Unit is enclosed, Do NOT enter the Unit if you are claustrophobic or have a fear of tight or confined spaces.
- If designated, Do NOT enter the Unit if your body size and type is taller than 6' in height and/or weighing 200 lb or greater.
- Unit will have designated age and height criteria, if you question, please ask.
- There is a $100 Minimum on inflatable/table/chair/tent service agreements.
VI. GENERAL RULES OF AGREEMENT FOR ENTERTAINMENT:
- Client agrees to pay the full amount due under this contract, even if Client actually uses Entertainer for less time than contracted for.
- The deposit is non-refundable, should Client for any reason cancel or postpone the contracted day or time period. However, FunMazing will work with you to accommodate an alternate date if possible.
- Should FunMazing be unable to perform or to find a performer, the deposit will be refunded in full minus any special ordered product.
- Any time beyond the time booked will be charged accordingly to the entertainers fees. However, additional time on day of event may not be available.
- Entertainer will be provided with paid 10 minute breaks for every two hours of contracted time.
- Entertainers will be provided with parking near the place services are provided to enable the Entertainer to unload equipment. The Client will reimburse Entertainer for any parking fees incurred while the Entertainer is providing contracted services to the Client.
- Entertainer has the right to cease and leave without refunding any monies if there are extreme adverse working conditions
- FunMazing is not liable for any parties’ allergic reactions to paints or products. Only professional grade FDA compliant paints and cosmetics are used for face painting. Children with skin allergies or sensitive skin should either not participate, or advise entertainer to perform a patch test at the beginning of the party.
- For safety reasons, in some cases, children under 3 years old are asked not to participate. Anyone showing signs of suffering from: cold sores or any infectious skin condition may be asked to not participate.
- Parents and/or guardians are responsible for the behavior and safety of the children. FunMazing is not responsible for damage to any clothing or property due to paints or supplies.
- There is a $90 Minimum on entertainment service agreements.
VI. GENERAL RULES OF AGREEMENT FOR OTHER EQUIPMENT:
Event To Supply:
- Cleared out floor space; a building, and overhead lighting if applicable, appropriate electrical service per device (we have generators for rent if needed). FunMazing Rentals and its subcontractors reserves the right to reduce the number of equipment provided if adequate space is not available.
- Customer is fully responsible for operation, safety, supervision and security of the equipment when said equipment is in the possession of the customer.
- The organization accepts responsibility for the full replacement of all the equipment or supplies, lost or damaged by fire, theft, or vandalism not covered by the organizations insurance company and any legal expenses incurred by FunMazing Rentals and its Subcontractors in an attempt to recover any losses.
- The customer is responsible for the equipment while in their possession. Be sure equipment is secured when not in use and protected from the weather. Notify us immediately if you find something broken or missing when it is received!
- All equipment listed in good working condition.
- Best service possible according to rental type.
FUN-MAZING RENTALS LLC ADDITIONAL TERMS & CONDITIONS FOR USE OF THE AMUSEMENT PRODUCTS
VII. DELIVERY BY LESSOR: To address specified above by Lessee (customer). Lessee grants Lessor the right to enter said property for delivery and return of equipment. A FUN-MAZING Rentals LLC authorized representative may arrive as early as the 'end' of the 'rental period' or as late as necessary to pick-up leased equipment. Lessee is responsible for all equipment until it is relinquished to a FUN-MAZING Rentals LLC authorized representative. Lessee is strictly prohibited from moving, folding, storing, or removing equipment for any reason. Lessor reserves the right to cancel scheduled event should the event location present potential hazards, unsafe conditions or restrict the proper set-up of leased equipment within FUN-MAZING Rentals LLC, Speleo Cave, Inc and manufacturer guidelines, state regulations, rules, policies and procedures.
*** DELIVERY AND PICK-UP TIMES ARE APPROXIMATE ***
VIII. RAIN / CANCELLATION / REFUND POLICY: The Lessor reserves the right not to refund any deposit should Lessee fail to provide a written cancellation request (via certified mail) prior to seven (7) calendar days of rental. Refund or Rain checks will not be issued in the event the leased equipment is not used for any reason. If the equipment does not work properly, it is the responsibility of the Lessee to notify the Lessor to correct. Lessor reserves the right to cancel / postpone scheduled event for safety reasons (e.g. confirmed severe thunderstorms. hail, winds in excess of fifteen (15) mph, tropical depression, tropical storm, hurricane or tornado conditions) and will issue a full refund to Lessee for deposits and / or confirmed payments received. Lessee may contact their local authorities (e.g., police, medical. fire. local radio, television, media, internet, national weather service) for assistance with monitoring weather patterns and conditions throughout the rental period. Should Lessee fail to notify Lessor of severe weather conditions prior to delivery, Lessor reserves the right not to refund any deposit. Should Lessee cancel event upon delivery, Lessee is subject to a minimum fee of $75.00 and forfeits any and all deposits. In the event Lessee request return of leased equipment after formal cancellation, Lessee is subject to an additional minimum delivery fee of $75.00 plus any delivery fees assessed, based on location of event, on the initial Rental Agreement. Lessee is responsible for monitoring weather conditions throughout the rental period for safe operations.
IX. NSF CHECKS: Lessee understands, acknowledges, and assumes all liability in the event of forwarding to FUN-MAZING Rentals LLC an NSF (Non Sufficient Funds) Check. Lessee's failure to make payable to FUN-MAZING Rentals LLC on an NSF Check within 10 calendar days shall be evidence of Lessee's intent to defraud FUN-MAZING Rentals LLC.
- RELEASE AND ASSUMPTION OF RISK: I (Lessee) understand and acknowledge that the activity to be engaged in through my rental of an interactive amusement game(s) and/or other playground or amusement equipment brings with it both known and unanticipated risk to its guest, its invitees and itself.
THE FOLLOWING PERSONS ARE STRICTLY PROHIBITED FROM USING LEASED EQUIPMENT: PERSONS THAT WOULD BE CONSIDERED
OVERWEIGHT OR OBESE ADULTS OVER 6'0”AND 200 LBS; PREGNANT WOMEN; INDIVIDUALS ON MEDICATION OR UNDER A PHYSICIANS
CARE; PERSONS WHO HAVE A FEAR OF TIGHT SPACES; THOSE WITH PHYSICAL AILMENTS, INCLUDING WEARING OF CAST, HEART
CONDITIONS, SKELETAL / MUSCULAR INJURY OR PAIN; INDIVIDUALS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AND PERSONS
WHO COULD BE INJURED IN ANYWAY BY THE STRENUOUS ACTIVITY LIKELY TO BE UNDERTAKEN.
XI. LIABILITY RELEASE: The Lessee voluntarily releases, indemnifies, and agrees to hold harmless and discharge FUN-MAZING Rentals LLC from any and all liability claims, demands, actions or rights of actions, whether personal to itself or to a third party, which are related to arise out of or are in any way connected with the rental of the interactive unit including those allegedly attributable to negligent acts or omissions. The Lessee agrees to reimburse any reasonable attorney's fees and cost which may be incurred by FUN-MAZING Rentals LLC in the defense of any such liability claim, demand, action or right of action.
In the event that the Lessee files a cause of action against FUN-MAZING Rentals LLC, the Lessee agrees to do so solely in the State of WI and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. The Lessee agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or OTHER liability insurance to cover any bodily injury or property damage, which might occur to itself, its guest, or its invitees from the use of the unit being rented or else agrees to bear the cost of defense and liability of any such injury or damage itself. The Lessee also waives the right of its insurance company to bring any type of action or proceeding on behalf of the lessee against FUN-MAZING Rentals LLC whether by assignment of claim, subrogation or otherwise.
- CARE OF RENTAL EQUIPMENT: Lessee shall be responsible for any and all 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. Lessee shall be liable to Lessor for any and all damage, which is not "ordinary wear and tear" in an amount equal to the replacement value listed on the front of this agreement. Damage which is not "ordinary wear and tear" include, but is not limited to, cutting or, ripping or tearing of handles of doors, flooding with water or any liquid or substance, damage due to overturning, exceeding rated capacities, breakage, improper use, abuse, contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string, mud, clay or other materials. Should equipment picked-up by Lessor needs to be cleaned, repaired and/or replaced due to damages, a fee of $75.00 will be charged for cleaning and a fee of $150.00 per hour will be charged for any and all repairs plus the cost for shipping, materials and loss of use for rentals. Damage by "Silly String" will result in a minimum cleaning fee of $150.00 per hour or replacement if determined damaged by Lessor.
XIII. LIMITED WARRANTY: Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject to this warranty. Lessor's sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty on representation that the rental equipment is fit for Lessee's particular use or intended use, or that it is free of latent defects. Lessor shall not be responsible to Lessee or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.
XV. COMPLIANCE WITH LAWS: Lessee agrees not to use or allow anyone to use the rental equipment for any illegal purpose, or in any illegal manner, or in an unsafe manner. Lessee agrees at his/her/their sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Lessee further agrees to pay all licenses, fines, fees, permits, or taxes arising from Lessee's use of the rental equipment, including any subsequently determined to be due. Lessee is solely responsible for obtaining all permits and/or licenses from the appropriate government agencies prior to use.
XVI. LEGAL FEES: In the event that an attorney is retained to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court cost in such action or proceeding, in an amount to be determined by the court or arbitrator.
XVII. SERVERABILITY: If any of the terms or conditions of this Agreement is found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.
XVII. COPYRIGHTS AND TRADMARKS: All product designs, product names, logos, trademarks, service marks, trade dress, and related materials (whether or not registered with the United States Patent & Trademarks Office) are proprietary to their company and the sole property of their company.
