Terms of Service

---

Terms and Conditions: 1. Safety/Operating Instructions: In addition to the information set forth in this agreement, Lessee acknowledges there are safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Lessee further acknowledges and understands K&T Tanner Enterprises LLC has not agreed to, nor have they provided any operators with this rented equipment, and Lessee is solely responsible for the correct and safe operation of this equipment. Lessee further agrees to keep all equipment away from swimming pools and/or any water supply, and Lessee understands and agrees they will not operate any electrical equipment near water. By entering into this agreement, Lessee acknowledges there is a risk of injury or damage arising from the use of this equipment. Lessee voluntarily agrees to keep and maintain all safety rules for the correct, safe operation, and installation and use of all equipment, and to assume any and all risk of injury or damage. In particular, lessee will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from Lessee on the safe operation and use of the equipment, nor shall Lessee allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation. 2. General Release/Indemnity/Hold Harmless: Lessee will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. Lessee acknowledges they oversee the operation, installation, and use of the Rental Equipment, and are fully responsible for its safe operation and installation, as well as the return of the Rental Equipment in good working order. Lessee acknowledges and agrees Lessor is not responsible for any injury occurring to Lessee, or any guests of Lessee, or to any other persons using the Rental Equipment, or to any claims by any other person(s) injured by or on account of the Rental Equipment, while the equipment is in the possession of the Lessee. Lessee agrees to defend, indemnify and hold harmless Lessor from and against any and all liability, claims, judgments, attorneys fees, and costs, of every kind and nature, including, but not limited to, injuries or death to persons and/or damage to property, whether or not such claimant is known or unknown to Lessee, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Rental Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Rental Equipment is in the actual or constructive possession of Lessee. These General Release, Indemnity, and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of the negligence, whether active or passive, of Lessor or Lessor's suppliers, agents, employees, contractors, drivers, or installers. I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE NEXT PAGES, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT I AM EITHER THE LESSEE NAMED ABOVE, OR AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE EQUIPMENT AND TO SIGN THIS AGREEMENT ON LESSEE’S BEHALF AND AS LESSEE’S AGENT. FURTHERMORE, I AGREE I AM ALSO BINDING MYSELF PERSONALLY AS AN ADDITIONAL PARTY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Lessee Signature: Date: ADDITIONAL TERMS AND CONDITIONS In consideration of the hiring of that certain Rental Equipment described on the first page of this Rental Agreement and General Release and in addition to all the terms and conditions set forth on the first page of this agreement, the parties do further agree as follows: 3. Identity of parties: For the purposes of this Rental Agreement and General Release, "Lessor" or "K&T Tanner Enterprises LLC" shall mean " K&T Tanner Enterprises LLC,” its owners, officers, directors, shareholders, employees, contractors, agents and "Lessee" shall mean the person(s) or company listed in the "Lessee Name" box on the first page of this agreement, as well as the person signing the agreement (if different), and their agents and/or employees. 4. Equipment, Rent, Payment, and Term of Rental Agreement: Lessee rents from "K&T Tanner Enterprises LLC ", as Lessor, that certain equipment described on the first page of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as "RENTAL DATE," “START TIME,” and “END TIME,” on the first page of this Agreement, but all of Lessee's obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by Lessor. Lessor cannot guarantee weather conditions, and if the Equipment is delivered by Lessor and accepted by Lessee, then Lessee shall not be entitled to any refund whatsoever if weather conditions prohibits safe use of the Equipment, or if Lessee otherwise elects not to use the Equipment due to weather or other causes. 5. Delivery: Lessor shall deliver the Rental Equipment to the street address specified by Lessee as listed on the first page of the Agreement. Lessee grants to Lessor the right to enter the property at the said street address (Delivery Address) for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times. Lessee agrees delivery may vary from times designated indicated on agreement due to unavoidable circumstances beyond Lessor’s control. Rental Equipment set up on hard surfaces such as concrete or asphalt must be closely watched to prevent their moving. If the equipment moves from a provided tarp, damage or staining may occur to the underneath of the unit, which could result in damage, cleaning, and/or loss fees. Lessor reserves the right to not perform outdoor engagements when, in Lessor’s judgment, weather conditions may be detrimental to the equipment or the safety of the Lessee or users of the Rental Equipment. This includes but is not limited to wind, rain, or mud. A suitable indoor location should be reserved as an alternative site in the event of poor weather conditions. 6. Receipt/Inspection of Rental Equipment: Lessee hires the Rental Equipment on an "as is" basis. Lessee acknowledges that Lessee has inspected the installation of the Rental Equipment and will personally inspect the rental items prior to use and will read the operating/safety instructions prior to use. Lessee specifically agrees such rental items will not be used if Lessee finds it is not suitable for Lessee's needs. Lessee acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order. 7. Possession/Title: Lessee’s right to possession of the Rental Equipment begins upon the items being delivered to Lessee's premises and terminates on the actual pick up by Lessor. Retention of possession, or any failure to permit the pickup of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In the event the Equipment is not returned for any reason, including theft, the Lessee is obligated to pay to Lessor the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pickup and/or recovery of the Equipment by Lessor. Title to the rental items is and shall remain in Lessor. Lessee agrees to keep the Rental Equipment in his/her/their custody and control from the time of Lessor's delivery of the items, until Lessor picks up such items. Lessee shall not cause nor permit these items to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, Lessor may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Lessee hereby agrees to indemnify, defend, and hold Lessor harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from Delivery Address, Lessee shall notify Lessor immediately. 8. Cancellation Policy: Lessee will receive a full refund of deposit for any cancellation made by Lessee at least 7 days prior to the event date. If cancellation by Lessee occurs less than 7 days prior to the event date, the deposit may, at Lessor’s discretion, be converted to a raincheck applicable to any rental within following 12 months. Lessor reserves the right to cancel rental at any time, for any reason, including, but not limited to, severe weather conditions, a location that is unsafe or inaccessible due to doors, gates, slopes or steps, the presence of animal waste, or if there is reason to believe that the Rental Equipment and/or its users may be in danger. In the event Lessor cancels a rental due to an inaccessible or unsafe location, or the presence of animal waste upon arrival for delivery, Lessee agrees to a fifty-percent refund of any and all payment(s) made to Lessor. Signature of Acknowledgement: Date: 9. Care of the Rental Equipment: Always remove shoes before beginning use 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.” Damage which is not "ordinary wear and tear" includes, but is not limited to, cutting or tearing of vinyl or netting, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning and/or drying due to rain or moisture not limited to sprinkler system, hoses, super soakers, etc., contamination of or dirtying of Rental Equipment with non-approved items such as chemicals, food, paint, silly string (see Paragraph 11), mud, clay, or other materials. Lessee agrees to the following ranges of fees for damages, to be assessed at the Lessor’s discretion: 1) Cleaning: $50 - $100 2) Repairs: $200 - $1,000 3) Replacement: $1,500 - $7,000 With my signature below, I hereby authorize K&T Tanner Enterprises LLC to authorize a credit card charge of up to $7,000 per item of Rental Equipment described on the first page of this agreement for any and all damage to said Rental Equipment not caused by ordinary wear and tear. I acknowledge this agreement overrides and supersedes all credit card agreements with my credit card provider and/or merchant’s terms and conditions. I understand and agree that should I dispute this charge from K&T Tanner Enterprises LLC through my credit card issuer or credit provider, it will constitute both a breach of this agreement and credit card fraud. Cardholder’s Name: Credit Card Number: Cardholder’s Address: Expiration Date: CIC Code: Cardholder’s Signature: Date: 10. Equipment Problems: Should any equipment develop a problem, or does not function correctly at any time, or Lessee does not understand the operating instructions, Lessee agrees to immediately cease use of that equipment. If the equipment begins to deflate, Lessee will immediately have the riders exit the equipment and then check for one of the following conditions: 1) The motor has stopped; in which case check the power cord connection at the outlet where the unit plugs into the house or generator or power outlet to make sure that it has not been unplugged. 2) If motor continues to run, check for blockage of the air intake screen on the side of the blower unit. Also, check the air tubes on the equipment for snugness and tighten the lies if necessary or if disconnected, re-connect to blower. 3) If either of these steps corrects the problem, fully re-inflate the equipment prior to permitting anyone to use the unit. 4) If you cannot correct the problem, call K&T Tanner Enterprises LLC at (614) 323-1491. 11. Specific Rules and Instructions for Rental Equipment: The following rules and warnings must be obeyed in use of the Rental Equipment: 1) Users of Rental Equipment must wear socks. 2) Do not allow anyone to use Rental Equipment before it is anchored and fully inflated. In the event of deflation, users must exit Rental Equipment immediately. 3) Rental Equipment is designed for children and is not recommended for use by adults. 4) All safety and operating instructions contained on the Rental Equipment must be complied with and followed at all times. 5) For the safety of all CHILDREN, ADULT SUPERVISION IS REQUIRED AT ALL TIMES! A responsible ADULT must always supervise the Rental Equipment. No one shall operate, supervise, or use the Rental Equipment, if under the influence of ALCOHOL, DRUGS, or any other legal or illegal drug or substance. No one with any type of existing injury should use the Rental Equipment. 6) Only children in comparable age groups and of comparable sizes should use the Rental Equipment at the same time. 7) No taping to, fastening to, or hanging anything on the Rental Equipment. This may result in risk of severe injury and/or damage to the Rental Equipment. Signature of Acknowledgement: Date: 8) No Silly String or similar product is permitted to come into contact with the inside or outside of the Rental Equipment. This may cause irreparable damage to the Rental Equipment and Lessee acknowledges if the Rental Equipment is damaged by Silly String or any product like Silly String, or damaged in any way, Lessee shall be responsible for any and all damage to any of the Rental Equipment and immediately due and payable by Lessee pursuant to the credit card authorization in paragraph 9 of this agreement. 9) Please have users of Rental Equipment remove shoes and other items such as glasses, sunglasses, dangle earrings, anklets, bracelets, belts, shoes, and any sharp or bulky items residing in pockets. 10) No roughhousing, horse play, foolish or rowdy behavior shall be permitted in or around Rental Equipment at any time. Do not play or climb on outside walls, netting, side column, or roof, or crawl under bottom or edge of Rental Equipment. Users of Rental Equipment should not attempt flips, somersaults, or other tumbling activities. 11) WARNING – Children under the age of 4, or less than 42" tall, should not be permitted to use Rental Equipment. 12) WARNING - It may be unsafe to use Rental Equipment if winds exceed 15 miles per hour (MPH) or it is raining or threat of rain. Have all persons exit Rental Equipment, then unplug the blower unit and let Rental Equipment deflate. 13) WARNING - Individuals with head, neck, back, other muscular-skeletal injuries, disabilities, pregnant women, small infants, and others who may be susceptible to injury from falls, bumps, or bouncing are not permitted to use the Rental Equipment at any time. 14) WARNING – Users of Rental Equipment must wear safety headgear if entering Joust Arena or Boxing Ring. 15) Do not move the Rental Equipment from the set-up location. 16) If the Rental Equipment Unit moves, pull comers back to their original locations and secure comers. For other questions regarding the safe installation of Rental Equipment, please call K&T Tanner Enterprises LLC at (614) 323-1491 immediately. 17) Do not let Rental Equipment rub up against any surface. 18) Absolutely no food, candy, gum, or drinks inside the Rental Equipment. 19) To supply power to Rental Equipment, use an adequate, three-wire Ground Fault Circuit Interrupter (GFCI) extension cord (minimum 12-gauge) in good condition. Never cut or remove the round grounding pin from the extension cord. Comply with local regulations and blower manufacturer’s user manual for use of the blower and the extension cord. Check the connection and operation of the GFCI extension cord frequently when using Rental Equipment. “I have read the understand the rules outlined in paragraph 11” Initial Here: 12. Limited Warranty: Lessor warrants Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. All equipment is supplied and maintained subject solely to this warranty. Lessor's sole and exclusive obligations under this warranty are limited to repair or replacement of the Rental Equipment when Lessor determines it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation the Rental Equipment is fit for Lessee's particular 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. 13. 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 determined to be due during or subsequent to the rental period. Lessee is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use. 14. Legal Fees: In the event an attorney is retained to enforce any provision of this Agreement, Lessor shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding. 15. Lessee Acknowledgment: Lessee acknowledges and certifies they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all its terms and conditions, and they understand its content and that they execute it freely, intelligently, and without duress of any kind. 16. Severability: If any of the terms or conditions of this Agreement are 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. 17. Entire Agreement: This Agreement constitutes the full agreement between Lessor and Lessee. Any prior agreements, whether written or oral, promises, negotiations, or representations not expressly set forth herein shall be of no force of effect. The receipt of the Rental Equipment that is the subject of this Rental Agreement and General Release and the fact that it is in good working order is acknowledged by Lessee