TERMS AND CONDITIONS/ FINES

Powell’s Inflatables hereby rents to customers executing this agreement

the equipment list on this agreement at the rental rate listed.

1. Charges: Customer will pay all charges due to Powell’s Party Rentals at the time of rental, including damage and deposit, in U.S currency, credit card, or other form of payment acceptable to Powell’s Party Rentals. Any deposit given will be applied to guarantee Customer’s complete performance of its obligations under this agreement. Powell’s Party Rentals may charge any amounts due it against any credit card used in connection with the rental. Customer will be charged a $100.00 fee for any check used for payment of charges that is returned unpaid for any reason whatsoever. Customers will pay full charge for each full or partial rental day.

2. Use of equipment: The rental of equipment is made for the sole use and benefit of the customer. Powell’s Party Rentals DOES NOT provide supervision or monitoring of the use of equipment. Customer acknowledges that the rental equipment is for recreation and involves physical activity which may result in injury and shall be solely responsible for the proper supervision, monitoring and use of equipment. Customer agrees that he or she shall inspect the equipment after set up and that acceptance of use of the equipment indicates it is good, usable condition with no apparent defects. Customer acknowledges that the improper use of equipment is dangerous and may result in serious injury. Customer agrees to only use the equipment in a manner that complies with the instructions for proper use, a copy of which has been read and received. Use of the equipment by guest, third-parties or invitees is solely at customer’s discretion and is his or her complete responsibility.

3. Rental Rate: The rental rate as set forth above includes equipment, set up and break down by Powell’s Party Rental. Once equipment is set up at the time and place set forth in agreement, customer shall not be entitled to any refund, credit, or reduction in rental price due to inclement weather or other condition which limits customer’s ability to use the equipment.

4. HOLD HARMLESS PROVISION LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDING COST, EXPENSES, DAMAGES, AND LIABILITIES INCLUDING REASONABLE ATTORNEY’S FEE ARISING BY REASON OF INJURY, DAMAGE, OR DEATH TO PERSONS OR PROPERTY. IN CONNECTION WITH OR RESULTING FROM THE USE OF THE EQUIPMENT INCLUDING BUT NOT LIMITED TO, THE MANUFACTURE, SELECTION, DELIVERY, POSSESSION, USE, OPERATION, OR RETURN OF THE EQUIPMENT. LESSEE HEREBY RELEASES AND HOLDS HARMLESS LESSOR FROM INJURIES OR DAMAGES INCURRED AS A RESULT OF THE USE OF SAID EQUIPMENT UNLESS LESSOR IS OPERATING THE EQUIPMENT AND IS DEEMED BY A COURT OF LAW TO BE NEGLIGENT IN ITS ACTIONS, LESSOR CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR INJURIES AS A RESULT OF ACTS OF GOD, NATURE OR OTHER CONDITIONS BEYOND ITS CONTROL OR KNOWLEDGE.

5. Insurance: Customer acknowledges that Powell’s Party Rentals does not provide insurance to the customer to protect him against liability or loss resulting from customer’s rental of the equipment. Any such insurance must be purchased separately by the customer and is not part of this rental agreement.

6. Damage: Customer agrees that he shall inspect the equipment after set up and that acceptance of use of the equipment shall be acknowledged that the equipment is in good and usable condition with no apparent defects. Customer shall be responsible for ANY damage to the equipment which is the result of abuse, improper use, vandalism, improper supervision or monitoring. Failure to follow the instructions for proper use or other action attributable to the customer or his agent or guest. By signing this contract, lessee agrees to forego seeking any consequential damages in the event of an injury damage or loss due to lessor negligence.

7. Waiver of Warranty and Guarantee: POWELL’S PARTY RENTALS MAKES NO EXPRESS OR IMPLIED WARRANTY OR GUARANTY AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION AS TO THE CONDITION OF THE EQUIPMENT OR THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. POWELL’S PARTY RENTALS SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER.

8. License, Permits, Fees: Customer is solely responsible for obtaining and paying any and all license, permits, fees or other approvals that may be required for customer to use the equipment at the time, location and/ or place selected by the customer.

9. Other Provisions: This agreement shall be interpreted and construed in accordance with North Carolina Law. The agreement contains the entire understanding of the parties and may not be amended, modified, or changed, except in writing signed by all parties. When used in this agreement the term he shall include the masculine, feminine and plural pronoun. In the event one or more provisions of this agreement is held to be illegal or unenforceable the remainder of the provisions shall remain in full force effect. Powell’s Party Rentals will not be liable to customer if it is performing under this agreement by any present or future cause beyond its control, including, but not limited to, Acts of God, natural emergencies, wars, riots, fires, labor disputes, federal, state or local laws. Failure to enforce any right or duty set forth herein shall not be a waiver of such provision which shall remain enforceable at all times.

10. Maintenance Provisions: If the unit rented requires any maintenance or cleanup upon pickup the user is responsible for the cleanup fee. If the unit rented is not a wet unit and this unit gets wet in some form or fashion other than natural causes the renter is subject to a clean up fee. The maintenance fee is up to $250.00 per unit. If unit is rented wet only water is allowed. No shampoo, dish detergent, soap, etc.. This fee will be added to the already agreed upon rental rate.

I have received safety instructions on the equipment I have rented.

SIGNED ____________________________ DATE ___________________

The following checklist is to be performed together in the presence of the Owner/ Operator of Powell’s Party Rentals LLC and the renter upon each installation and set up for each inflatable ride and game provided by Powell’s Party Rentals LLC. Lessee must inspect the inflatable ride or game. Lessee must also understand the Operating Instructions, Emergency regulatory rules and regulations.

*Supervision by an adult trained attendant is required at all times

Operator / Attendant Responsibilities (Renter Initials)

_____ The operator/attendant should point out and make all riders aware of the Rules of the ride or game.

_____ The inflatables must be secure or anchored at all time.

_____ Entry into/ onto the inflatable should be orderly and in a controlled manner.

_____ NO: Riders under the age of 3 years old

_____ NO: Shoes, sunglasses, jewelry, watches, or belts.

_____ NO: Somersaults, diving, wrestling, rough play or flips.

_____ NO: Food, drinks, snow cones, gum, pets, silly string, or water balloons.

_____ NO: Soaps, Baby Oils or Dish washing Liquids (You will be fined up to $250.00

_____ NO: Fireworks or fire of any kind within 100 feet of the equipment.

_____ NO: Standing on tables

_____ Keep patrons away from blowers at all times.

_____ If using gas generators, evacuate inflatables before refuelling generators.

____ DO NOT USE and immediately deflate the inflatable if wind conditions exceed 15 mph/ or it rains.

____ In case of severe weather, exit patrons in an orderly manner, turn off blowers until area is cleared.

____ When renting the axe throw you will get 8 Axes, they must be returned with the unit or client will be charged $20.00 per each Axe missing.

____ Client acknowledges the 1st 100ft of power chord for each unit is supplied for free per unit. If you must add on chords will cost $5.00 for ft and $8.00 for 100 ft. (generators can be rented as well)