1. Definition of Contractual Terms: For the purpose of this Agreement and general release, "Lessor" also means Bounce Around Jax Party Rentals, Inc. ("BAJ").  "Customer" or "Lessee" means the person(s) or company listed in the "ordered by" and or "Customer" boxes on this agreement; the owner or renter of the property where the Rental Equipment is going to be used, as well as the person signing the agreement (if different) and all agents or employees of the Customer or individual signing the Agreement. "Rental Equipment" is defined as all equipment, devices, costumes, machines, any type of inflatable, and services provided to Customer. An "Adult" is defined as a person that is eighteen years of age or older who accepts legal responsibility for any and all children's use of the Rental Equipment and will supervise the children while they use the Rental Equipment. "Rental Period" is defined as the agreed to length of time that Customer has the right to possess the Rental Equipment and this is the only time that is permitted for possession under this Agreement. "Ordinary Wear and Tear" is defined as the normal deterioration cause by ordinary, reasonable, and proper use of the Rental Equipment. Date of event means the contractual date in which customer and BAJ agree that the Rental Equipment shall be delivered and operational. 
  2. Safety/Operating Instructions: Customer acknowledges that there is separate safety and operating instructions provided to the Customer by BAJ. These have been provided publicly on BAJ’s web page of www.bouncearoundjax.com and in the email that is sent to each Customer confirming the reservation of the Rental Equipment. Customer agrees to read those instructions and use the equipment in accordance with those instructions and this Agreement. Customer is legally bound and solely responsible for the correct and safe use of the Rental Equipment from the moment of delivery.  Customer understands that CHILDREN'S SAFETY DIRECTLY RELIES ON CUSTOMER PROVIDING SUPERVISION OF THE CORRECT AND PERMITTED USE OF THE RENTAL EQUIPMENT AT ALL TIMES!
  3. DEPOSIT BINDS THE CONTRACT: Customer understands and is aware that a full contract is made public at www..bouncearoundjax.com. and is always provided to the customer.  Furthermore, customer acknowledges that they have read the Agreement and by making the deposit the customer chooses to bind the negotiation and provide consideration. Furthermore, they agree to be bound to the terms of this Agreement. If a customer does not object in writing and submit it to BAJ before the deposit is made, then the Agreement shall stand as written. 
  4. Agreement to Hold Harmless and indemnify BAJ: Customer acknowledges that there is a high risk of injury and great potential for damage arising out of the use of the equipment and agrees to indemnify and defend BAJ from all risks of injury, liability, and potential damage arising from the use of the Rental Equipment. Customer specifically agrees to Hold Harmless BAJ. In particular, Customer will not permit the Rental Equipment to be operated or supervised by anyone who is not an Adult. This Adult maybe the Customer or any agent acting on behalf of Customer. Customer will take all necessary precautions as mandated by the instructions provided for the Rental Equipment and shall exercise good faith to protect all persons from injury or damage. The Customer or their agent shall not allow any person(s) to use or operate the equipment when it is deflated, in need of repair, or in an unsafe condition. The Customer assumes all liability for following safe usage instructions, as well as all liability for damage to any “Rental Equipment.” Customer shall contact BAJ immediately and is bound to inform BAJ of any issues that include repair, unsafe conditions, precarious situations, or conditions making the Rental Equipment unworkable or unsafe. Furthermore, Customer acknowledges and agrees that BAJ is not legally liable for any injury occurring, including but not limited to: Customer, Customer’s guests, invitees, family members, friends, children, or any other individual whether adult or child or to any other person(s) injured by or on account of the “Rental Equipment”, while it is in the Customer’s care or possession. Customer Agrees to defend and indemnify BAJ from and against any and all liability, claims, judgments, settlements, arbitration, mediations and attorneys fees and costs whether in State or Federal Court. This indemnification includes but is not limited to: injury resulting in death(s) to person(s), injury causing permanent injury or harm to any person(s) and /or damage to property, which arises out of the use, operation, instruction, possession, or permission to use the Rental Equipment, however caused, when the Rental Equipment is in the actual or constructive possession of Customer.
  5. Equipment, Rent, Payment, and length of rental: Customer rents Rental Equipment from BAJ, as a Lessee of the equipment; the equipment is specifically described in this Agreement. The rental fee is set forth a payable, in full, and this includes a one hundred dollar ($100.00) deposit that is consideration for the described Rental Equipment contained herein, to be delivered at the agreed upon time. This one hundred dollars ($100.00) is non-refundable if the customer cancels within fourteen (14) days from the day of the event. However, if customer cancels fourteen (14) days from the day of the event then, the deposit shall be reimbursed in full. otal amount paid only permits Customer to possess the Rental Equipment for the Rental Period. All of Customer's obligations arising under the terms of this Agreement shall run from actual or constructive delivery of the Rental Equipment to the actual pick up of the Rental Equipment by BAJ. 
  6. Weather and all CANCELLATIONS: BAJ cannot and does not make any representation to guarantee weather conditions.   However, if the Rental Equipment is delivered to Customer and the Customer DOES NOT OBJECT TO THE DELIVERY BEFORE THE DELIVERY IS MADE, THEN NO REFUND SHALL BE ISSUED. 
  7. Delivery: BAJ shall deliver the Rental Equipment to the street address that has been specified by Customer. Customer grants the authority and legally authorizes BAJ the right to enter the property at the provided street address for delivery, required set up, operation and pick up of all Rental Equipment that is associated with this Agreement. Once the Rental Equipment has been delivered to the customer the customer and lessee are completely liable for the Rental Equipment and the total balance that is owed. If customer does not object to the delivery of the Rental Equipment then payment shall be due immediately and is to be paid in full before BAJ leaves the delivery. 
  8. Receipt and Inspection of Rental Equipment: Customer leases the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has a duty to inspect the set up of the Rental Equipment and must inspect the Rental Equipment prior to its use. Customer also hast a duty to inform BAJ immediately if there any visible issues with the Rental Equipment or any issues that may make the use of the Rental Equipment unsafe or unusable. Customer specifically acknowledges receipt of the Rental Equipment and that it is in good working order by signing this Agreement.
  9. Failure to maintain Rental Equipment or Failure to permit BAJ to pick up Equipment: Failure to permit BAJ to timely pick up the Rental Equipment shall constitute a MATERIAL BREACH OF THIS AGREEMENT. In the event the Rental Equipment or any associated materials are not returned for any reason, at the specified time and location, which includes but it not limited to: medical emergency, death of a family member, theft, destruction, or obstruction of recovery of Rental Equipment shall make Customer liable for liquidated damages. These damages include full replacement value of the Rental Equipment, costs associated with the collection and reimbursement of money owed to BAJ, payment to employees or agents of BAJ to acquire money owed, costs associated with the prosecution of Customer to enforce contract, costs associated with loss of business of the lost Rental Equipment until the manufacturer has replaced the Rental Equipment. Plus, any and all incidental and consequential costs including fees and interest, as permitted by law, associated with the pick up or recovery of the Rental Equipment. These liquidated damages shall also include collection costs, investigative costs, and attorney's fees and costs. 
  10. Title of Rental Equipment: The title of the Rental Equipment remains with BAJ at all times. Customer agrees to keep the Rental Equipment in his or her custody or control from the time BAJ delivers the Rental Equipment until BAJ picks up the Rental Equipment. Customer shall not cause nor permit the Rental Equipment to be sublet, rented, sold, or removed from the delivery address or this constitutes A MATERIAL BREACH OF THE CONTRACT. This will also result in liquidated damages as defined in Paragraph 8 of this Agreement.
  11. Care of Rental Equipment: CUSTOMER SHALL BE RESPONSIBLE FOR ANY AND ALL DAMAGE ARISING OUT OF THE RENTAL PERIOD THAT IS NOT ORIDNARY WEAR AND TEAR. Customer shall be liable to BAJ for any and all damage which is not ordinary wear and tear in an amount equal to the repair of the Rental Equipment or the replacement of the Rental Equipment whichever is least out of the two. Damage that is not ordinary wear and tear includes, but is not limited to, cutting or tearing of the material, damage due to overturning of the Rental Equipment, overloading, exceeding rated capacities, breakage, ripping, improper use, fire, abuse of use, abuse of safety, lack of cleaning, unmanageable contamination, irremovable contamination, use of non-approved chemicals, non approved food, non approved drinks, paint, silly string, mud, clay, markers, or any other type of damaging materials that cause permanent damage or significant damage to the Rental Equipment. 
  12. Specific Rules and Instructions for all Rental Equipment: The following rules must be followed in the use of any unit:  A) No silly string is permitted to come in contact with the inside or outside of the inflatable; this causes irreparable damage to the material of the Rental Equipment. If an Inflatable is damaged by "Silly String" or any similar chemical; THEN THIS RESULTS IN A MATERIAL BREACH. THIS CAUSES LIQUIDATED DAMAGES OF THE FULL COST OF THE INFLATABLE NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00) in costs shall be automatically imposed by BAJ on any form of payment provided to BAJ by the Customer, and is immediately due and payable by Customer.  B) All Rental Equipment must be cleaned by the customer at the end of the Rental Period. Failure to properly clean the Rental Equipment shall result in a onetime two hundred and fifty dollar fee ($250.00) fee to be imposed on the Customer and is immediately due and payable by Customer on any form of payment provided to BAJ by customer. This fee includes the cost of the chemicals needed to clean the unit and the cost of overtime payment of the employees to be able to clean the equipment.
  13. Compliance with Laws: Customer agrees not to use or allow anyone to use the Rental Equipment for any illegal purpose or any illegal manner. Customer agrees to comply with all municipal, county, state, federal government or other quasi government laws, ordinances and/or regulations, which may apply to the use of the Rental Equipment during the Rental Period. Customer further agrees to pay all licenses, fines, permits, or taxes arising from Customer's Rental Period. Customer agrees to obey all local law enforcement and will immediately call BAJ if there are any issues.
  14. Severability: If any terms or conditions in this Agreement are found to be unenforceable, illegal, or unconscionable by a court of competent jurisdiction, such item shall be stricken and severed from this Agreement, and all of the remaining terms and conditions in this Agreement shall stay in full force and effect.
  15. Entire Agreement: This Agreement along with the instructions that have been emailed and are available on our website: www.bouncearoundjax.com; constitutes the full and final agreement between Customer and BAJ. Any prior Agreements, whether written or oral, promises, negotiations, or representations not expressly set forth within this Agreement shall have no force and effect. 
  16. Attorney's Fees and Costs: In the event there is any litigation or arbitration for enforcement or interpretation of this Agreement, or performance of this Agreement, amendments, exhibits, or attachments, the prevailing party shall recover all costs and reasonable attorney's fees, at trial, and appeal, as legally permitted by Florida and Federal laws.
  17. Collection Costs: In the event that customer does not immediately pay upon delivery, All costs from that point on shall be due and payable by customer. This includes: 24.99% APR interest on the amount owed, plus the hourly wage of the receptionist or any other employee that is an agent of BAJ that dedicates time and effort towards the collection of owed monies. Forty dollars ($40.00) per hour shall be the cost for entry level agents of BAJ. In the event the owner or the manager must work on the collection of the bill then the hourly fee shall be seventy five dollars ($75.00) per hour. 
  18. Customer's Payments: If Customer's check is returned as "not paid", then the Customer's credit card that was used for the reservation will be immediately charged for payment, which is immediately due and payable, and Customer agrees to such charges willingly, freely, intelligently, and without duress. Customer agrees to such charges being imposed for any outstaying payments and grants BAJ full legal authority to charge the credit or debit card on file with all fees that arise out of this Agreement. Furthermore, if the Customer challenges one of these valid transactions, with a court, a bank or by one of the credit card companies. Then, this shall result in liquidated damages of nine hundred and ninety nine dollars ($999.00), plus interest of 24.99% APR, plus collections costs, plus any attorneys fees and costs that arise from the dispute and this shall become immediately due and payable to BAJ by customer. 
  19. Extra Time:  BAJ reserves all rights when it comes to delivering the Rental Equipment for any amount of extra time. BAJ does this as a gift to the customer but makes no representations or guarantees that the Rental Equipment shall be delivered earlier or kept later than the Rental Period. Past actions, or actions from that past shall not be construed as binding or changing the terms of the Agreement. BAJ’s availability changes from day to day and week to week. Therefore, customer shall not consider Extra Time to be part of this Rental Agreement. 
  20. Additional Fees: Customer fully understands that they are responsible for reading and understanding all directions, emails, invoices, and contracts communicated between customer and BAJ. Customer agrees that if BAJ is made to wait more than fifteen (15) minutes because of customer’s lack of preparation then a fifty dollar ($50.00) fee is immediately due and payable. If Customer does not clear the set up area from debris, dog manure, ant piles, or any other time hindrance upon BAJ then this shall cause a fee of seventy five dollar ($75.00) fee is immediately due and payable. If customer unplugs BAJ’s motor or touches the Rental Equipment in any way and this causes malfunction in the Rental Equipment, and this determination by BAJ then a fee of one hundred dollars ($100.00) shall be immediately due and payable. Customer authorizes BAJ to charge all forms of payments provided to BAJ by Customer for any and all remaining balances. Furthermore, Customer understands that all money owed to BAJ is as soon as the Rental Equipment is set up. Therefore, when BAJ does not immediately receive payment an interest of 24.99% APR, Annual Percentage Rating, shall begin to accrue.
  21. Interest for Nonpayment: Customer shall be liable to BAJ for all money that is owed and not paid at the time the Rental Equipment is set up. Customer shall pay a rate to BAJ of 24.99% on the principal balance, plus any other pertinent fees, collection costs, and hourly wages. The interest shall begin to accrue from the date of the event until the day BAJ receives all monies. 
  22. Refunds: BAJ has thirty (30) days from the day that you make payment or enter into a transaction to issue a refund. BAJ will never issue a full refund but will always keep the deposit. This is an exact amount of one hundred dollars ($100.00). So, even if it is found that BAJ owes a refund it shall never owe the original one hundred dollars deposit.  These thirty (30) full calendar days are necessary in order to prevent any potential fraud or chargebacks against the company. This thirty (30 )days is also in an effort to prevent waste and needless expense for BAJ or the consumer. 
  24.  The terms and conditions included in Addendum A (Clay County Schools and School Board ONLY) shall be incorporated into this agreement. If there are any conflicts in the language provided in the agreement and that of Addendum A (Clay County Schools and School Board ONLY,) then the language provided in Addendum A (Clay County Schools and School Board ONLY,) shall prevail.

CUSTOMER SIGNATURE: __________________      DATE: _________________________

CUSTOMER PRINTED NAME: ________________________ Time of Delivery: ____________________________

Copyright 2012 Bounce Around Jax Party Rentals INC. (904)642-9999


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