LEASE AGREEMENT – A BOUNCY BEAR, LLC
Lessee (print name): _________________________
1. BASIC TERMS. The parties (each individually, a party) to this Lease Agreement (the agreement) are A Bouncy Bear, LLC, a Colorado limited liability company, (we, us, and our) and the lessee shown in the title of this document (you and your). The terms that are in italics type, like this, (excluding headings) shall have the specific meanings assigned herein. We hereby lease to you the inflatable bouncy equipment shown on the reverse side of this document (which is hereby incorporated herein) and any additional accessory equipment (collectively and alternatively referred to as the inflatable(s) or the equipment) for the corresponding amounts shown and for the time indicated.
2. RULES. The following rules detail safe operational guidelines for the equipment you are leasing from us. To ensure safe operation of the inflatable(s), we strongly suggest you have these rules read aloud by our representative. Further, you are encouraged to direct any questions you may have about the operation of the inflatable(s) to our representative before you begin use of the equipment.
A. Supervision: The safety of the riders using the inflatable(s) depends on you. Your personal supervision is required at all times. The safety of all the riders is your responsibility, and you should position yourself in close proximity to the entrance to the inflatable(s) and be prepared to assist riders when they enter or exit.
B. Age Groups: Only compatible age groups and sizes shall play on the inflatable(s) at the same time. The following are guidelines as to the age requirements and the number of riders that may be on a 15’ x15’ inflatable at the same time (for other inflatables our representative will verbally communicate the guidelines to you):
(1) Children up to age seven: 8 – 12
(2) Children ages eight to twelve: 5 – 7
(3) Individuals over twelve: 3 – 4
C. Glasses/Jewelry: All riders MUST REMOVE SHOES, GLASSES, AND ALL LOOSE JEWELRY before playing on the inflatable(s).
D. Silly String: NO SILLY STRING IS ALLOWED ON OR NEAR THE INFLATABLE(S)! A seventy-five dollar ($75) cleaning fee will be applied if silly string is found on the equipment.
E. Pre-existing Health Conditions: Pregnant women, individuals with pre-existing injuries, and others susceptible to injury from falls, bumps, or bouncing shall not be permitted in or on the inflatable(s) at any time.
F. Flipping and Wrestling: To avoid neck and back injuries, FLIPS ARE NOT ALLOWED. Wrestling and riders piling on each other on or near the equipment constitutes improper use of the inflatable(s) and is prohibited. Such activity may result in neck and back injuries to riders.
G. Installation: Do not remove the inflatable(s) from the area where the equipment was installed. If the equipment moves, pull it by one of its corners back to its original location. Keep the inflatable(s) away from swimming pools at all times.
H. Inclement Weather: Upon any threat of inclement weather, including strong winds (at or in excess of 20 mph), thunderstorms (especially when lightening is present), or severe cold weather (below 40 degrees), riders should immediately exit the inflatable(s). The blower should thereafter be switched off and the inflatable(s) allowed to deflate.
I. Deflation: Should the inflatable(s) begin to deflate, do the following: Have all riders exit the inflatable(s) immediately. If the motor has stopped, make sure that it has not been unplugged. If the motor is still running, check the air intake on the side of the motor for blockage, and check both blower tubes on the inflatable(s) to make sure that they are tightly tied off. Never allow riders to jump in partially inflated equipment. No alteration of or attachment to the inflatable(s) is allowed.
J. General Misuse: Do not allow riders to play or climb on the walls, sides, or roof of the inflatable(s). Do not get the inflatable(s) wet. However, if the inflatable(s) should become wet, dry the inflatable(s) before riders return. Do not allow riders to use wet inflatable(s). Do not allow the inflatable(s) rub up against any surface.
3. RELEASE AND INDEMNITY. You shall be in full charge of the safe use and operation of the equipment during the term of this agreement. You further expressly agree that this section is intended to be as broad and inclusive as permitted by Colorado law.
A. Release: You hereby release, waive, and discharge us and our officers, directors, members, contractors, agents, affiliates, and representatives from and against any and all claims for damages suffered by any person or entity connected with the use or operation of the equipment during the term of this agreement. This release is intended to include liability due to our negligence, regardless of whether such negligence is active or passive.
B. Indemnity. You shall defend, indemnify, and hold harmless us and our officers, directors, members, contractors, agents, affiliates, and representatives against any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses that may arise from: the breach of this agreement by you; any of the following performed or caused you: damage to property, misrepresentation, negligent act or failure to act, or violation of any statute, regulation, ordinance, or applicable standard of care; and any injury, disability, or death resulting from or connected to the use of the equipment during the term of this agreement. In the event of any such claims, demands, causes of action, damages, losses, liabilities, costs, or expenses, you shall immediately reimburse us for the ongoing costs of any defense, settlement, or judgment incurred by us.
4. MISCELLANEOUS. The provisions of sections 3 and 4 shall survive the termination of this agreement. If any provision of this agreement is held to be invalid or unenforceable, such holding shall not be deemed to render any other provision hereof invalid or unenforceable. Headings contained in this agreement shall not be considered in construing this agreement. The words “herein,” “hereby,” etc. refer to this agreement in its entirety. The word “include” and its derivatives are not intended to exclude or limit. This agreement shall be governed by the laws of Colorado. Any judicial action or proceeding relating to this agreement shall be brought in the District Courts of Colorado or the United States District Court for Colorado. The parties consent to the personal jurisdiction of such courts and waive any right to object to such jurisdiction. In the event there is any litigation or arbitration arising out of this agreement, the court or arbitrator(s) shall award to the substantially prevailing party its reasonable costs and expenses, including attorney fees.