Putt-N-Play
A family-owned company
812-290-5686
Invoice/Rental Agreement
& Liability Waiver Agreement
Until completed and signed Rental Agreement
& Liability Waiver Agreement and any required deposit is received, your
equipment is not reserved. Putt-N-Play will confirm once we receive the signed
Rental Agreement & Liability Waiver Agreement and any required deposits.
Name: ______________________________________________________________
Phone #: ____________________________________________________________
Address: ____________________________________________________________
Cell #: _______________________ Email:_________________________________
Event Date: __________________________________________________________
Event Phone #: ________________
Type of Event:____________________________
Non-residential Party:
Name of Company/Org: _________________________________________________
Event Address (if different): ______________________________________________
UNITS
REQUESTED:
O Mickey Park Jump House 19’x18’x15’
O Castle II Jump 13’x12’4”x13’4”
O 9-hole putt-putt golf course
Rental
Agreement /Release of Liability/Hold Harmless
NOTE: Driver pick-up time is approximate.
Driver may arrive as early as 7 am on rental date, the “end” of the “Rental
Period” or as late as 10 pm to pick up the equipment. This will be prearranged
during your reservation. Customer is responsible for, and required to stay with,
all the equipment until it is picked up by our representative or other
arrangements have been made.
I,
_________________________, HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF
THIS AGREEMENT. INCLUDING THE ADDITIONAL TERMS AND CONDITIONS ON THE FOLLOWING
PAGES, AND AGREE TO BE BOUND BY THEM. I FURTHER WARRANT AND REPRESENT THAT I AM
THE CUSTOMER AND AM AUTHORIZED AND EMPOWERED TO ACCEPT DELIVERY OF THE
EQUIPMENT AND TO SIGN THIS AGREEMENT.
ADDITITIONAL
TERMS AND AGREEMENTS
In consideration of the hiring of that
certain rental Equipment described on the invoice page of this Rental Agreement
and General Release and in addition to all of the terms and conditions set
forth on the top of this page agreement, the parties do further agree as
follows:
______1. Equipment, Rent, Payment, and Term
of Rental Agreement: Customer rents from Putt-N-Play certain equipment
described on the invoice page of this agreement. The rental fee set forth is
payable in full, in advance, and the rental term shall be listed as Event Time
on the invoice page of this agreement, but all of the customers obligations
arising under the terms and conditions of this Rental Agreement shall run from
actual delivery of the Rental Equipment to the actual pickup of the Rental
Equipment by Putt-N-Play. If the equipment is delivered by Putt-N-Play and
accepted by the customer, then the Customer shall not be entitled to any refund
whatsoever if the customer elects not to use the equipment due to weather or
any other causes.
______2. Weather: Putt-N-Play cannot
guarantee weather conditions, we reserve the right to cancel or reschedule your
rental prior to delivery if severe weather conditions are imminent or if we
have a reason we believe the inflatable equipment and/or its users may be in
danger. Some examples of severe weather are high winds, excessive rain, snow or
lightening. In the event of severe weather during a rental, customer agrees
that he/she/they will unplug the inflatable, allow to deflate, and not use the
inflatable until the severe weather ends. Deposit will not be refunded but can
be applied to another rental date.
______3. Care of the Rental Equipment:
Customer shall be responsible for any and all damages 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. Customer shall be liable to
Putt-N-Play for any and all damages, which is not “ordinary wear and tear” in
an amount up to the replacement value of the rental equipment (Mickey’s Park 5-in-1
combo – $4,000, Castle II Jump –$3,500, Putt-Putt golf course –$30.00/club,$500.00/hole).
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, exceeding
rated capacities, breakage, improper use, abuse, lack of cleaning,
contamination of or dirtying of rental equipment with non-approved items such
as chemicals, non-approved food, paint, silly string, mud, clay, feces, and
other materials.
______4. Possession/Title: Customers right
to possession of the Rental Equipment begins upon being delivered to Customer’s
Premises and terminates on the actual pickup by Putt-N-Play. 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 that the equipment is not permitted to be picked up
(returned) for any reason, including theft, the customer is obligated to pay
Putt-N-Play the full replacement value for such equipment listed on the invoice
page of this Agreement, plus any and all incidental costs associated with the
attempted pickup or recovery of the equipment by Putt-N-Play. Title to the
rental items is and shall remain with Putt-N-Play. Customer agrees to keep the
Rental Equipment in his/her/their custody and control from the time of Putt-N-Play
delivery of the items, until Putt-N-Play 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,
Putt-N-Play 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 Putt-N-Play harmless from any
claims and costs arising form such retaking and or levy. If rental items are
levied upon, or otherwise moved from Delivery Address, customer shall notify
Putt-N-Play immediately.
______5. General Misuse: Do not allow riders
to play or climb on walls, slides, or roof of inflatables. Do not allow
inflatables to rub against any surface. Unless previously authorized by Putt-N-Play,
never place a water hose onto an inflatable. If the inflatable should become
wet, have an adult wipe down the unit before riders return. Inflatable should
not be wet when riders enter the unit.
______6. Negligence or Abuse: The following
fees may be assessed for negligence or abuse of inflatable. 1. Spilled food,
drink or the use of silly string/bubbles could result in $100–500 Cleaning Fee.
2. Negligence and damage to unit could result in a $500–$6,000 Repair Fee. 3.
If unit is not repairable, a fee of $500–$6,000 could result. 4. Any tape or
tape residue will result in $100–$500 cleaning fee 5. If Inflatable is not
covered during rain (either a tarp or following verbal instructions) there
could be a $100 drying/cleaning fee.
______7. Equipment Problems: Should any
equipment develop a problem, or does not function correctly at any time, or
customer does not understand the operating instructions, customer agrees to
immediately cease use of that equipment. In particular, if the inflatable unit
begins to deflate, customer will immediately have the riders exit the unit and
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 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 both air tubes on the back of the unit for snugness and
tighten the ties if necessary. 3) If either of these steps corrects the
problem, fully inflate the unit prior to permitting anyone to use the unit. 4)
If you cannot correct the problem, call Putt-N-Play @ (812) 290-5686.
______8. Cancellation/Refund Policy:
Customer will receive a full refund of deposit with cancellation at least 3
weeks prior to event. If customer cancels less then 3 weeks prior to the event
date, Putt-N-Play will keep the deposit but the customer may apply it to a
future rental within a 30-day period with at least 2 weeks notice. No refund or
rain checks will be issued after the equipment has been delivered, even if the
equipment is not used. All weather cancellations must be made by 7 am the date
of the rental to receive a replacement /rain date for your party.
______9. If the equipment malfunctions or is
inoperable, it is the sole responsibility of the customer to notify Putt-N-Play
immediately. If Putt-N-Play is not notified and given a chance to correct the
problem no prorated refund will be given.
______10. Compliance with Laws: Customer
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. Customer agrees at
his/her/their sole cost and expense to comply with all municipal, parish,
state, federal, or other governmental or 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, fees,
permits, or taxes arising from Customer’s use of the rental equipment,
including any subsequently determined to be due. Customer is solely responsible
for obtaining any and all permits and/or licenses from the appropriate
government agencies prior to use.
______11. Legal Fees: In the event that an
attorney is retained to enforce any provision of the Agreement, the prevailing
party shall be entitled to recover reasonable attorney’s fees and court costs
in such action or proceeding, in an amount to be determined by the court or
arbitrator.
______12. Customer Acknowledgement: Customer
acknowledges and certifies that they have had a sufficient opportunity to read
this entire Agreement, and agree to be bound by all terms and conditions on all
pages and that they understand its content and the they execute it freely, intelligently,
and without duress of any kind.
______13. Severability: If any of the terms
or conditions of this Agreement are found to be unenforceable, illegal, or
unconscionable by a court of 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.
______14. Entire Agreement: This agreement
constitutes the full agreement between Putt-N-Play and Customer. Any prior
agreements, whether written or oral, promises, negotiations, or representations
not expressly set forth herein shall be of no force or effect. Customer
acknowledges 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.
Agreed upon rental/delivery price
_____________________
Agreed upon delivery date/time_________________
Agreed upon pickup date/time_________
Customer
Signature: __________________ DATE: _______________
______
Customer
Printed Name: _______________________DL #:
________________
Customer Received Drop off Time/date: Signature:__________________________________________________
Pickup
Time/Date/Customer Signature:__________________________________________________________