LESSEE IS RESPONSIBLE FOR ANY LICENSING OR PERMITS REQUIRED FOR EVENT
- The Leased Equipment will be delivered to the street address provided by Lessee. Lessee grants Lessor right to enter the property at the delivery address for the purpose of delivery, set up and subsequent removal of the Leased Equipment. Except as provided herein, all charges in delivering and subsequent pickup of the Leased Equipment at the delivery address are included in the rental charge noted above.
- At the time of delivery, Lessee shall inspect all Leased Equipment for shortage or damage. If upon inspection, there is preexisting damage to the Leased Equipment, Lessee must immediately notify Lessor in writing to request Lessor to repair or replace the damaged Leased Equipment. Upon acceptance, Lessee waives any claim of preexisting damage to the Leased Equipment and Lessee agrees that the Leased Equipment has been received in good working condition. Lessee further represents and warrants to Lessor that all Leased Equipment will be returned in the same condition, notwithstanding ordinary wear and tear. In no event will Lessor be responsible to Lessee if the preexisting damage of the Leased Equipment delays or interrupts Lessee’s use and enjoyment of Leased Equipment.
- Lessee agrees to pay Lessor to repair or replace any Leased Equipment that was caused by Lessee’s abuse, loss, misuse, overload, negligence or allowing the Leased Equipment to become dirty beyond normal wear and tear.
- Lessee agrees to pay Lessor’s rental charges for the Leased Equipment while at the location regardless of whether Lessee uses the Leased Equipment or not. Lessor does not issue refunds or offer discounts due to bad weather or other circumstances outside of Lessor’s control which may have resulted in loss of use or no use of the Leased Equipment. In order to reserve any Leased Equipment, Lessee shall pay an advanced rental deposit of $50.00. All deposits are NON-REFUNDABLE. Lessee will pay Lessor all rental charges due and owing by either cash or by Visa, MasterCard, or Discover credit cards. Lessor will not accept any personal checks.
- Lessee agrees not to loan, sublet, or otherwise dispose of the Leased Equipment. Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it. Lessee further agrees not to assemble/disassemble or install/uninstall the Leased Equipment.
- Lessee agrees to supervise both the Leased Equipment and its use at all times. Lessee agrees to follow and abide by the Rules of Use of Leased Equipment or any other instruction provided to Lessee by Lessor. The Lessee must strictly enforce the Rules of Use of Leased Equipment and require all users to comply and Lessee shall deny any user access to Leased Equipment if the user fails to abide by the rules.
- Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees, or third parties. Lessee understands and accepts that such risks simply cannot be eliminating without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to, falling, slipping, crashing and colliding.
- Lessee shall have no recourse against Lessor, whether by way of any suit or action, for any liabilities, damages, losses, expenses, claims, Lessee understands and acknowledges that play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, burns, emotional injury, paralysis, distress, damage or death to any participant. Lessee agrees to indemnify and hold Ozone Inflatables LLC harmless from any and all claims, 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 the 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 Ozone Inflatables LLC from injuries or damages incurred as a result of the use of the leased equipment. Ozone Inflatables LLC 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 hold harmless Ozone Inflatables LLC from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.
- LESSOR OFFERS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND LESSOR DISCLAIMS AND LESSEE HEREBY WAIVES ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR DEMAND IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PATENT INFRINGEMENT) STRICT LIABILITY OR OTHERWISE WITH RESPECT THERETO. In no event shall Lessor be liable for any indirect, punitive, incidental, consequential or special damages.
- Any failures, delays, or forbearances of either party in insisting upon or enforcing any provisions of this Agreement, or in exercising any rights or remedies under this Agreement, shall not be construed as a waiver or relinquishment of any such provisions, rights, or breach of this order or failure to exercise any right hereunder shall not be deemed a waiver of any other breach or right. The failure of any party to take action by reason of any such breach or to exercise any such right shall not deprive such party of the right to take action at any time while such breach or condition occurs. Except as otherwise limited in this Agreement, the rights and remedies set forth herein are cumulative and in addition to any other rights or remedies that the parties may have at law or in equity.
- In the event of a dispute arising out of, or in any way related to, this Agreement, the parties expressly agree to submit the dispute to the courts of the 18th Judicial Circuit, in and for Brevard County, Florida, which courts shall have exclusive jurisdiction over the matter. In the event of any litigation arising out of this Agreement, the parties agree that the laws of the State of Florida shall apply in that action without regard its conflict of law provisions.
- The parties agree that if any portion of the Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
- By signing below, Lessee acknowledges that she/he has had sufficient time and opportunity to read this entire Agreement, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.
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