Important Information

Bounce House Agreement

Purpose of the Agreement

The client wishes to hire a Vendor to provide services relating to the Client’s Event as detailed in this Agreement. The vendor has agreed to provide such services according to the terms of this Agreement.

Terms

Services

Vendor shall provide Client with the following services and or products (Services):

(5) Hour Adult White Castle Photo – Op Rental

Location and Delivery of Services

Location. Provider shall deliver Services to Client at the following locations(s):

Delivery of Services. The vendor will provide all Services by _________ unless otherwise specified in this Agreement. The client grants the vendor the right to enter the

Delivery: The Company shall deliver the Rental Equipment to the address specified by the Customer as listed on the invoice page of this Agreement. Customer grants to The Company true right to enter the property at the address specified by Customer for delivery and required set up, and for subsequent pick up of the Rental Equipment and any associated equipment of packing materials at the approximately specified times. Delivery and pick-up times are estimated. Delivery crews may arrive up to (2) to four hours before the scheduled start time and pick up crew may arrive up to (2) hours after the scheduled end time. Customer agrees to prepare the delivery site by removing all rocks, sticks and animal droppings. Customer also agrees that, and adult will be at the delivery site at the agreed time to accept delivery. In the event Company attempts a delivery and the Customer is not available, Company will attempt to contact the Customer by telephone. If Company is not able to begin setup with thirty (30) minutes of arrival at delivery site, the delivery will be considered abandoned, a nonrefundable delivery fee of $50 will be added to the invoice, and the delivery crew will continue to the next delivery. Customer may then contact the Company to arrange an agreeable redelivery time. If redelivery is not possible, monies will be refunded according to Company Cancellation Policy.

Set up and Operation. Client should be the person who will be responsible for attending to the rental during its use. Client is responsible for enforcing posted rules,

Instructions for safety and operation will be sent to client ahead of time by vendor and reviewed at time of set up. Attendant will be assisting with safety, rule compliance, and photography when needed/requested or the Bounce House, client agrees to provide on electrical outlet rated at 115 volts with 20 amperes capacity motor unit within 50 feet of each unit. No electrical cords are to be used unless provided by vendor. If blower stops or the air pressure is low, remove all users immediately, and then check on the problem. The electrical cord should be plugged into an outlet that is only operating the unit.

Rental Equipment. Clients hires rental equipment on an” as is” basis. Customer acknowledges receipt of equipment, that they have inspected the equipment and its installation prior to its use and certifies that they will abide by the operating/safety instructions. Should equipment fail to function correctly at any time, the Customer agrees to cause all users to immediately cease use of the equipment and contact Party Pop LA immediately.

*AT NO TIME SHOULD THE UNIT BE LEFT UNATTENDED FOR ANY REASON*

Possession/Title: Customers right to possession of the rental Equipment begins upon the items being delivered to Customer’s premises and terminates on the actual pick up by the Company. Title to the Equipment is and shall remain in the Company. Retention of possession, or any failure to permit the pick-up of the item(s) at or after the end of the “Rental Period” specified constitutes a material breach of this Agreement. In the event that the equipment is not returned for any reason, including theft, the Customer is obligated to pay to the Company the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by The Company. Customer agrees to keep the rental Equipment in his/her/their custody and control from the time of The Company delivery of the items, until The Company picks up such items. Customer shall not cause nor permit these items, or any of them, 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, The Company may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold The Company harmless from any and all claims and cost arising from such retaking and/or levy. If rent al items are levied upon, or otherwise moved from delivery site, Customer shall notify the Company immediately.

General Rules for Safe Operation. Units must be operated over a smooth, compatible surface such as grass or hard top. The unit may not be operated on rough surfaces such as rocks, brick, glass, or any jagged objects. UNITS CANNOT BE MOVED AFTER PLACED BY VENDOR. Unit MUST BE properly anchored prior to use. Unit will be anchored initially by vendor and anchors should not be removed during period of use. Never attempt to relocate, adjust or service blower. This unit can turn over in high winds, even if anchored, and this could result in severe injuries to users. Do not resume use until adverse weather conditions have ceased. Always follow the manufacturers guidelines located on the unit itself.

Cost, Fees and Payment

Cost. The total cost (“Total Cost”) for all Services is $_____ due in full by 3/6/2022*

Client shall pay the Total Cost to Provider as follows:

The first payment is a non-refundable retainer/deposit of $100 once the quote is accepted. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the services and turning down other potential projects/clients. 50% of the total cost is due one week prior to event and the remaining balance will be expected 24hrs before the event to ensure delivery. No refunds will be made after the equipment has been delivered.

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service vendors. In order to provide a high level of satisfaction and quality or service, no other service vendors, other than any assistant or third party that Vendor hires to complete the Service outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provide by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work (s) it creates or produces pursuant to federal copyright law (Title 17, chapter 2, section 201- 02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor business.

Permitted use of product(s). Vendor grant to client a non-exclusive license of products produced within for client for personal use only so long as client provides vendor with attribution each time client uses vendors property. Personal use includes, but is not limited to, use within the following context:

1. In photos on Clients personal social media pages or profiles; or

2. In personal creations, such as scrapbook or personal gift; or

3. in personal communications, such as family newsletter or email or holiday card.

Artistic Release

Style. client has spent a satisfactory amount of time reviewing vendors work and has reasonable expectation that the vendor will perform the service in a similar manner in style unless otherwise specified in agreement.

Consistency. Vendor will use reasonable efforts to ensure clients desired service are produced in a style and manner consistent with vendor current portfolio and vendor will try to incorporate any reasonable suggestions made by client. However, client understands and agrees that;

Every client is different, with different taste budgets and needs.
Rental service are open subjective art and vendor has a unique vision with an ever dash evolving style and technique.
Vendor will use its artistic judgment when providing services for client, which may not include strict adhere to client’s suggestions.
Although vendor will use reasonable efforts to incorporate client suggestions and desires when providing client with the service, party pops shall have final say regarding the aesthetic judgment and artistic quality of the services.
Dissatisfaction with our aesthetic judgement or artistic ability are not valid reasons for termination of this agreement or requests of any monies returned.

Limit of Liability

Care of rental equipment: Customer shall be responsible for any and all damage to any of their 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. Customer shall be liable to the company for any and all damage which is not ordinary wear and tear, including but not limited to the application of paint, tape, face paint, makeup stains, confetti, glitter, food, permanent marker, silly string or the unauthorized application of water to any device not specifically authorized by the company. Damaged units will result in a repair fee ranging from a minimum of $250 up to the cost of replacing the unit damaged. Negligent damage is not covered under the damage waiver. Equipment must be returned to the company in the same clean and dry condition it was received. Dirty equipment or units that have not been handled properly will result in reconditioning fee of $60 charge for each hour required to restore equipment. This contract overall all rentals/borrowed items for the shoot/event. Replacement values apply for any damage items. Client agrees to cover costs to replace items lent to compensate for loss.

Maximum damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this agreement or services provided in this agreement are not to exceed the total cost of services provided by vendor. If damages are incurred while the equipment is in the possession of client, the client is responsible. Damaged fees vary but our estimated below:

$60 -$300 - Cleaning fee

$250 - Replacement cost – Repairs/Damages

$2500 - (if the unit needs to be replaced)

Loss of product. In the event that any or all products are lost, such as damage to or loss of component of the product necessary for final delivery, vendors shall refund client a prorated portion of the total cost based on the amount of services that were completed or provided against the amount of services that were agreed to be completed or provided.

Waiver and release of liability. The customer understands and acknowledge that the play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. In consideration of being permitted by the company to use its equipment and facilities, the customer hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless the company from any and all liability, claims, demands, cause or rights of action whether personal or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to Negligent acts or omissions. Should the company or anyone acting on behalf of the company be required to incur attorney’s fees and costs to enforce this agreement, the Customer expressly agrees to indemnify and hold the Company harmless for all such fees costs. In the event the customer files a lawsuit against the Company, it is agreed to do so solely in the state of California.

Indemnification. client agrees to indemnify, defend and hold harmless vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to services and or products vendor provides to client.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-show Client. If client desires to cancel services, reschedule services, or if becomes impossible for Party Pop LA to render services due to the fault of the client or parties related to client, such as failure of the Event* to occur or failure of one or more essential parties to the Event* to show up in a timely manner, Client shall provide notice to vendor as soon as possible via the notice provisions detailed in the agreement. Vendor has no obligation to attempt to rebook further services to fill the void created by Client’s cancellation, rescheduling, no show or if it becomes impossible for Vendors to provide the service due to the fault of the client (or parties related to client) and vendor will not be obligated to refund any monies client has previously paid towards the total cost.

Client is not relieved of any payment obligations for cancellation services, reschedule services failing to show up for the event, or should it become impossible for vendor to provide the services due to the fault of client or parties related to the client unless the parties otherwise agree in writing. For instance, if vendor is able to secure another unrelated client for _______, then the vendor may choose, at its sole discretion, to excuse all or a portion of clients outstanding balance of the Total Cost.

Impossibility

Force Majure. Notwithstanding the above, either party may choose to be excused for any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

In natural disaster (fire, explosions, earthquakes, hurricane, flooding, storms or infestations); or
War, invasion, active foreign enemies, embargo, or other hostility (whether declared or not); or
any hazardous situation created outside the control of either party such as a riot, disordered, nuclear leak or explosion, or act or threat of terrorism.

A suitable indoor location should be reserved as an alternative site in the event of poor weather conditions. It representative from the vendor will contact the client prior to delivering the equipment if the weather is questionable. Once the equipment arrives at the event, the deposit is not refundable. At the time of this call, the client can decide to forfeit the delivery due to weather concerns, in the full deposit will be returned.

Failure to Perform Service. In the event vendor cannot or will not perform its obligations in any or all parts of this agreement, it (or a responsible party) will:

Immediately give notice to client via the notice provisions detailed in their agreement; and
issue a refund or credit based on a responsibly accurate percentage of services rendered; and
excuse a client of any further performance and/ or payment obligations in the agreement .

Appropriate Conduct/ Safe Working Environment:

Project:

The client(s) expressly agree(s) to take the bus efforts to provide (Vendor) and Vendor staff with save in appropriate working conditions. In the event of circumstances deemed by either (Vendor) Or a bystander to present a threat or implied threat of injury or harm to (Vendor) Staff or equipment, the vendor reserves the right to cancel all services remaining under this agreement and leave if performing services on-location. At the vendors discretion, the vendor may enact a three strike policy. After the first offense the vendor will make responsible efforts to notify the clients or a responsible party. If the client is/R able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes). (Vendor) shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time the client(s) we'll agree to remove the offending person for the remainder of the project. If the behavior occurs a third time the vendor will immediately leave the project. If the (vendor) Leaves the project early due to any offending behavior, the client expressly agreed to relieve and hold (Vendor) harmless as a result of incomplete project coverage, or for a lapse in the quality of the vendors work, and the client(s) shall be responsible for payment in full.

Non Project

the Client(s) expressly agree(s) to take best efforts to provide (Vendor) and Vendor staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to vendor staff, (Vendor) will make reasonable efforts to notify the client(s) . If the client is are able to respond to the threatening situation in a reasonable amount of time, (Vendor) shower zoom work in accordance with the original terms of the agreement. If the inappropriate behavior continues the Client(s) will agree to relieve and how old vendor harmless as a result of incomplete services under their agreement, or for a lapsed in the quality of the (Vendors) work period the clients shall be responsible for payment in full, regardless of whether the situation is resolved or whether (Vendor) resumes work detailed in this Agreement.

General Provisions

Governing law. The laws of

Govern all matters arising out of or relating to this agreement, including torts.

Severeability. If any portion of this agreement is deemed to be illegal or unenforceable, the remaining provisions of this agreement remain in full force.

Limited warranty. The Company warrants that the Rental Equipment lease under this Agreement will be in good working order when delivered under the Agreement. All equipment is supplied and maintained subjectively solely to this warranty.

The Company sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when the Company determines that it is not conformed to this warranty. The company makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the rental equipment is fit for customer particular intended use, or that it is free of latent defects. The Company shall not be responsible to customer 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 . The Company shall not be responsible for any defect or failure unknown to the company at the time of delivery.

Compliance with Laws. Customer agrees not to use or allow anyone to use their rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their soul cost and expense to comply with all municipal, parish, state, federal or other governmental or quasi-government laws, ordinance and or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all license, fines, fees, permits, or tax arising from customer use of the rental equipment, including any subsequently determined to be due. customers solely responsible for obtaining any all permits and or licenses from the appropriate government agencies prior to use. The customer is responsible to mark all sprinkler lines and call safe to dig if required by law. The company will not be liable for damage to underground sprinklers or utility lines.

Legal Fees. If an attorney is retained to enforce any provision of the agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs in such action or proceeding, in an amount to be determined by the court arbitrator.

Severe ability. 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 items shall be stricken from this agreement, and the remaining terms and conditions of this agreement shall stay in full force in effect.

Entire agreement. That agreement constitutes the full agreement between the company and the customer. Any other agreements, whether written or oral, promises, negotiations or representations not expressly set forth here and shall be of no force or effect. customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions herein.

Safety/Operating Instructions. In addition to information set forth in this agreement, the customer acknowledges that 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. Customer understands that the company does not provide any operators with this rented equipment unless specifically hired, and the customer, is solely responsible for the correct and safe operation of this equipment. Customer will not move any piece of equipment after it has been staked down or secured with adequate sandbags. Customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instructions from customer on the safe operation in use of the equipment, nor shall customer allow any person to use or operate their equipment when it is in need of repair or when it is unsafe condition or situation.

Rules governing the safe operation of equipment. The following rules detailed safe operational guidelines for the equipment. Please ask any questions you may have before you begin use of the equipment.

Adults are provision is required at all times period customer agrees that an attendant will supervise the equipment at all times and enforce safety rules. Only children incomparable age groups in sizes should play on the inflatable at the same time period the unit's main form of usage is a “photo op” end users should understand that the open face of this unit needs additional observation and care as users are jumping at their own risk. Customer knows that all users will need to notify users to remove the following: anything sharp, and including shoes, glasses, and jewelry before playing in the inflatable.

Anyone with pre-existing health conditions are not permitted on the equipment. This includes pregnant women, individuals with pre-existing injuries, cast, any type of brace and other susceptible to injury from falls, bumps or bouncing.

Cease use during inclement weather. This includes strong winds (at or in excess of 15 mph), thunderstorms (especially lightning), or severe cold weather (below 40 degrees). Switch the blower off, and allow the unit to deflate.

Don't be foolish. Don't allow anyone to play or climb on the walls, sides or roof I have equipment. Do not allow flipping, wrestling, or riders piling on each other . Should a unit begin to deflate all users should exit their unit immediately. If the blower has stopped, make sure that it has not been unplugged or turned off. If the blower is still running, check the air intake on the side of the for blockage, and check both lower tubes on the inflatable unit 2 make sure that they are tightly tide off and are not kinked. Never allow writers in or on a party particular inflated unit be careful with water water may only be used on equipment when specifically authorized by the company. Sprinkling systems must be turned off to prevent accidental drenching of devices. Even when water is allowed on a unit, only approved watering devices may be used. Water must be turned off and the pool completely drained one (1) hour before the scheduled pickup time, or 7:30 PM, whichever is earlier period failure to comply with this rule may result in a reconditioning fee, which the customer agrees to pay period since use of water on most equipment is optional the discount given for any inability to use water is limited to the price difference between wet and dry rentals.

**I have read and understand the terms of the conditions of this agreement and agree to be bound by them.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the notice is sent:

1 . Email

Period Provider’s email:

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Client email:

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Merger. This agreement constitutes the final, exclusive agreement between the parties relating

to the Event*and service is contained in that Agreement. All earlier in contemporaneous negotiations an agreement between the parties on the matters contained in the agreement are expressly merged into and superseded by this agreement.

Amendment. The parties may amend this agreement only by the parties’ written consent via proper Notice.

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Tene Coats Date

partypopla1@gmail.com

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(First, Last) Date

Email address