1. TERMS AND CONDITIONS

    

   Introduction

 

1.1 Scope of the Agreement This Terms & Conditions Agreement (the "Agreement") governs the relationship between you (the "Customer") and FLO JUMPERS LLC (the "Company") regarding the rental and use of the Company's bounce houses, water slides, and other equipment (collectively, the "Products") as well as any services provided by the Company.

 

1.2 Definitions In this Agreement, certain words and phrases shall have the following meanings:

 

• "Customer": the person or entity renting the Products from the Company;

• "Company": FLO JUMPERS LLC, a California limited liability company;

• "Products": the equipment rented by the Customer from the Company, including but not limited to bounce houses, water slides, Pop-up tents, tents,  tables, chairs, and heaters;

• "Services": any services provided by the Company in connection with the rental of the Products, such as delivery, setup, and teardown.

 

2. Acceptance of Terms & Conditions

 

2.1 Agreement to be Bound by the Terms By renting the Products and using the Services, the Customer agrees to be bound by this Agreement. If the Customer does not agree to all the terms and conditions contained in this Agreement, they must not rent any Products or use any Services provided by the Company.

 

2.2 Eligibility and Age Requirements The Customer represents and warrants that they are at least 18 years old and legally able to enter into this Agreement. If the Customer is entering into this Agreement on behalf of a legal entity, such as a corporation or partnership, the Customer represents and warrants that they have the authority to bind that entity to this Agreement.

 

2.3 Changes to the Terms & Conditions The Company reserves the right to modify or update this Agreement at any time, at its sole discretion. Any changes will be effective immediately upon posting the revised Agreement on the Company's website or otherwise notifying the Customer. The Customer's continued rental of the Products or use of the Services after the effective date of any changes to this Agreement constitutes their acceptance of those changes. If the Customer does not agree to the revised Agreement, their sole remedy is to cease renting the Products and using the Services.

 

2.4 Electronic Agreement The Customer acknowledges and agrees that by clicking "I Agree" or a similar button or checkbox, or by renting the Products or using the Services, they are electronically signing this Agreement and agreeing to be bound by its terms and conditions. The Customer's electronic signature shall have the same legal force and effect as a handwritten signature. The Customer further agrees that electronic records and signatures related to this Agreement shall be admissible as evidence in any legal proceeding.

 

3. Services & Products

 

3.1 Description of Products and Services The Company offers a range of party equipment for rent, including but not limited to bounce houses, water slides, wet and dry combos, tables, chairs, obstacle courses, and heaters. The Company also provides related services, such as delivery, setup, and teardown of the rented equipment.

 

3.2 Rental Periods The rental period for the Products shall be specified in the rental agreement between the Customer and the Company. The rental period will generally start from the time of delivery and setup of the Products at the event location and end upon the completion of teardown by the Company. The Customer may be charged additional fees for any extension of the rental period beyond the agreed-upon timeframe.

 

3.3 Availability and Reservations The availability of the Products is subject to change without notice. The Customer is encouraged to make a reservation in advance to ensure the desired Products are available on the date of their event. A reservation is considered confirmed upon receipt of a non-refundable deposit, as specified in the rental agreement. The Company reserves the right to substitute Products of similar quality and functionality if the reserved Products become unavailable due to unforeseen circumstances.

3.4 Pricing and Payment Terms The rental fees for the Products and Services, as well as any applicable taxes, delivery fees, and other charges, will be specified in the rental agreement. The Customer agrees to pay the full rental fee and any other charges in accordance with the payment terms set forth in the rental agreement. The Company reserves the right to charge a late fee for any overdue payments, as well as to recover any costs incurred in collecting such overdue payments, including reasonable attorney's fees and court costs.

3.5 Cancellations and Refunds Cancellations must be made in writing and received by the Company no later than a specified number of days prior to the event date, as set forth in the rental agreement. If the Customer cancels their reservation within the allowable time frame, they will be eligible for a refund of any amounts paid, minus the non-refundable deposit. If the Customer cancels after the specified deadline, they will be responsible for the full rental fee and any other applicable charges. The Company reserves the right to cancel a reservation at any time due to circumstances beyond its control, such as inclement weather or equipment failure, in which case the Customer will receive a full refund of any amounts paid.

3.6 Delivery, Setup, and Teardown The Company will deliver, set up, and tear down the rented equipment at the event location specified by the Customer in the rental agreement. The Customer is responsible for ensuring that the event location is suitable for the setup and operation of the rented equipment, including adequate space, level ground, and access to necessary utilities. The Company reserves the right to refuse setup of the equipment if the event location does not meet the necessary requirements, in which case the Customer will be responsible for the full rental fee and any other applicable charges.

 

4. Safety and Use Guidelines

4.1 Proper Use of Equipment The Customer agrees to follow all safety guidelines and instructions provided by the Company for the proper use of the rented Products. The Customer shall ensure that all users of the Products comply with these guidelines and instructions to minimize the risk of injury, damage, or other adverse consequences.

 

4.2 Adult Supervision The Customer shall provide responsible adult supervision at all times while the Products are in use. The supervising adult(s) shall monitor the use of the Products, enforce the safety guidelines and instructions, and take appropriate action to prevent unsafe behavior or overcrowding.

 

4.3 Weight and Capacity Limits The Customer shall ensure that the weight and capacity limits of the rented Products, as specified by the Company, are not exceeded. Overloading the Products or allowing too many users at once can result in equipment failure, damage, or injury.

 

4.4 Weather-Related Precautions The Customer shall monitor weather conditions and take appropriate precautions to ensure the safe use of the Products. The Company may provide specific guidelines for using the Products in various weather conditions, such as maximum wind speeds, temperature ranges, or precipitation levels. The Customer shall cease the use of the Products if the weather conditions exceed the recommended limits or if the Company advises against continued use due to safety concerns.

 

4.5 Prohibited Activities The Customer agrees to prohibit certain activities that may pose a risk to the safety of users or the integrity of the rented Products. These prohibited activities may include, but are not limited to: a. using the Products while under the influence of alcohol or drugs; b. climbing, hanging, or jumping on the exterior walls or roof of the Products; c. using sharp objects, such as knives, scissors, or pens, near the Products; d. attaching decorations, banners, or other items to the Products using adhesive tape, staples, or other damaging methods; e. using the Products for any purpose other than their intended use, as described by the Company.

 

4.6 Reporting of Damages or Defects The Customer shall promptly notify the Company of any damages, defects, or other issues with the rented Products that may affect their safe use or operation. The Company will make reasonable efforts to repair or replace the affected Products, but the Customer shall remain responsible for the full rental fee and any other applicable charges.

 

5. Customer Responsibilities

 

5.1 Site Preparation and Access The Customer is responsible for preparing the event location for the delivery, setup, and use of the rented Products. This includes ensuring adequate space, level ground, and access to necessary utilities, such as electricity and water. The Customer shall also provide clear and unobstructed access to the event location for the Company's personnel and vehicles. Any delays or additional costs incurred by the Company due to inadequate site preparation or access shall be the responsibility of the Customer.

 

5.2 Compliance with Local Laws and Regulations The Customer shall comply with all applicable federal, state, and local laws, regulations, and ordinances concerning the rental and use of the Products. This includes obtaining any necessary permits or approvals, as well as adhering to noise restrictions, zoning requirements, and other relevant rules. The Customer shall be solely responsible for any fines, penalties, or other consequences arising from non-compliance with such laws, regulations, or ordinances.

 

5.3 Obtaining Permits if Necessary If required by local authorities or the event location, the Customer shall obtain and maintain all necessary permits, licenses, and approvals for the rental and use of the Products. The Customer shall provide the Company with copies of such permits, licenses, and approvals upon request.

 

5.4 Notification of Damages or Defects The Customer shall promptly notify the Company of any damages, defects, or other issues with the rented Products that may affect their safe use or operation. The Company will make reasonable efforts to repair or replace the affected Products, but the Customer shall remain responsible for the full rental fee and any other applicable charges.

 

6. Liability and Indemnification

6.1 Limitation of Liability To the fullest extent permitted by law, the Company's liability for any claim, loss, damage, or expense arising out of or relating to the rental or use of the Products or the provision of Services shall be limited to the amount paid by the Customer for the Products or Services. The Company shall not be liable for any indirect, consequential, exemplary, punitive, or incidental damages, even if advised of the possibility of such damages.

 

6.2 Assumption of Risk The Customer acknowledges and agrees that the use of the Products involves certain risks, including the risk of injury or death. The Customer assumes all risks associated with the rental and use of the Products and agrees to exercise caution and follow all safety guidelines provided by the Company.

 

6.3 Indemnification The Customer agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: a. the rental, use, or operation of the Products by the Customer or any third party; b. any breach of this Agreement by the Customer; c. any injury, death, or property damage caused by the Products or the Services; d. any violation of applicable laws, regulations, or permits by the Customer.

 

6.4 Release of Claims The Customer hereby releases and forever discharges the Company and its affiliates, and their respective officers, directors, employees, and agents, from any and all claims, liabilities, and damages arising out of or relating to the rental, use, or operation of the Products, except to the extent caused by the gross negligence or willful misconduct of the Company.

 

7. Insurance and Bonding

 7.1 Company Insurance The Company maintains general liability insurance coverage, as well as any required bonding, in accordance with applicable laws and regulations. Such insurance and bonding are intended to provide financial protection for the Company in the event of claims or losses arising from the rental and use of the Products or the provision of Services.

 

7.2 Customer Insurance The Customer is responsible for obtaining and maintaining any insurance coverage they deem necessary or desirable to protect their interests, including coverage for property damage, bodily injury, or liability arising from the rental and use of the Products or the Services. The Customer shall provide the Company with a certificate of insurance upon request.

 

7.3 Waiver of Subrogation To the extent permitted by law, the Customer waives any right of subrogation or recovery against the Company, its affiliates, and their respective officers, directors, employees, and agents, for any loss, damage, or liability covered by the Customer's insurance.

 

8. Dispute Resolution and Governing Law

 8.1 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

 

8.2 Informal Dispute Resolution In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the rental or use of the Products, or the provision of Services, the parties agree to first attempt to resolve the dispute informally through good faith negotiations. If the dispute cannot be resolved informally within 30 days of the date on which the dispute was first raised, either party may initiate formal dispute resolution proceedings as set forth below.

 

8.3 Formal Dispute Resolution Any dispute, claim, or controversy arising out of or relating to this Agreement, the rental or use of the Products, or the provision of Services that cannot be resolved informally shall be resolved by binding arbitration administered by a mutually agreed-upon arbitration organization in accordance with its applicable rules and procedures. The arbitration shall take place in Bakersfield, California, or another location agreed upon by the parties. The arbitrator's decision shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

8.4 Waiver of Class Actions and Jury Trial The parties agree that any dispute resolution proceedings, whether informal or formal, will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties further agree to waive any right to a trial by jury in connection with any dispute arising out of or relating to this Agreement, the rental or use of the Products, or the provision of Services.

 

9. Termination

9.1 Termination for Breach Either party may terminate this Agreement in the event of a material breach by the other party that remains uncured for a period of 3 days after written notice of such breach is provided to the breaching party. Upon termination of this Agreement, the Customer shall promptly return the rented Products to the Company and pay any outstanding fees or charges.

9.2 Termination for Convenience The Company may terminate this Agreement for any reason or for no reason upon 6 days' prior written notice to the Customer. In the event of termination for convenience by the Company, the Customer shall be entitled to a refund of any amounts paid for the rental of the Products or the provision of the Services that have not yet been provided.

9.3 Effect of Termination Upon termination of this Agreement, the Customer shall cease all use of the rented Products and the Services and shall return the rented Products to the Company in good working order and condition, subject to normal wear and tear. Any provisions of this Agreement that, by their nature, should survive termination, including but not limited to Sections 5, 6, 7, and 8, shall survive termination of this Agreement.

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10. Miscellaneous

10.1 Entire Agreement This Agreement, including any documents or instruments incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the same subject matter.

10.2 Severability If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired, and the parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the replaced provision.

10.3 No Waiver No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of that right, power, or remedy.

10.4 Assignment The Customer may not assign, delegate, or transfer their rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign, delegate, or transfer its rights or obligations under this Agreement without the consent of the Customer.

10.5 Notices All notices, requests, consents, or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when personally delivered, sent by certified mail (return receipt requested), or sent by email (with confirmation of receipt), to the addresses or email addresses of the parties set forth in the rental agreement or to such other address or email address as either party may designate by notice to the other party.

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11. Force Majeure

11.1 Definition of Force Majeure For the purposes of this Agreement, "Force Majeure" means any event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, fire, flood, earthquake, extreme weather conditions, natural disasters, war, acts of terrorism, civil unrest, labor disputes or strikes, pandemic or epidemic, government actions or regulations, or the unavailability or disruption of utilities or transportation.

11.2 Suspension of Obligations Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by a Force Majeure event. In the event of a Force Majeure event, the affected party shall promptly notify the other party and shall use reasonable efforts to minimize the impact of the event and to resume performance of its obligations as soon as possible.

11.3 Termination due to Force Majeure If a Force Majeure event continues for a period of 30 days or more, either party may terminate this Agreement upon written notice to the other party. In the event of termination due to Force Majeure, the Customer shall be entitled to a refund of any amounts paid for the rental of the Products or the provision of the Services that have not yet been provided, less any costs incurred by the Company up to the date of termination.

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12. Amendments and Modifications

12.1 Written Agreement This Agreement may only be amended, modified, or supplemented by a written document signed by both parties. Any such amendment, modification, or supplement shall be binding on the parties and shall become part of this Agreement.

12.2 Changes to Company Policies or Procedures The Company reserves the right to update or modify its policies or procedures at any time, in its sole discretion, and to provide notice of such changes to the Customer. The Customer agrees to comply with any updated or modified policies or procedures as a condition of continuing to rent the Products or receive the Services.

12.3 Changes to Applicable Laws or Regulations In the event of any changes to applicable laws, regulations, or ordinances that affect the parties' rights or obligations under this Agreement, the parties agree to negotiate in good faith to amend this Agreement as necessary to comply with such changes.

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