RENTAL AGREEMENT – RELEASE, INDEMNIFICATION, HOLD HARMLESS, AND TERMS AND CONDITIONS
DEFINITIONS: For the purposes of this Rental Agreement, 
“CASH AND CARRY" refers to a transaction whereby the Lessee pays for and collects the appropriate rented item(s) in person and returns in person at the Lessor's designated location. Payment is made via an approved form of immediate payment accepted by the Lessor. 
“LESSOR” refers to Indiana Party Rentals under Kelly Ann Berry LLC.
“LESSEE” refers to the individual or entity identified by name and signature at the conclusion of this rental agreement, who agrees to abide by the terms and conditions outlined herein.
“CORPORATE AND INSTITUTIONAL ACCOUNTS” refers to any business entities, including corporations, limited liability companies, partnerships, sole proprietorships, as well as non-commercial organizations such as educational institutions, government agencies, non-profit organizations, hospitals, and religious organizations, that enter into this rental agreement with the Lessor for the procurement of services..
1. INDEMNITY/HOLD HARMLESS. In consideration of participating in inflatables activities, and for other good and valuable consideration, the Lessee hereby agrees to release and discharge from liability arising from negligence, the Lessor and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Lessor”), on behalf of Lessee including but not limited to myself and my children, parents, heirs, assigns, guests, personal representative and estate, and also agrees as follows: 1A. Lessee acknowledges that inflatables activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to broken bones, bruises and other bodily injuries caused by falls or contact with walls, floors or other participants; medical conditions resulting from physical activity; and damaged clothing or other property. The Lessee understands such risks cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity. 1B. Lessee expressly accepts and assumes all risks inherent in this activity or that may have been caused by the negligence of the Lessor. Lessees and permitted occupants and guests participation in inflatable activities is purely voluntary and the Lessee elects to participate despite the risks. In addition, if at any time the Lessee believes that event conditions are unsafe or that the Lessee is unable to participate due to physical or medical conditions, the Lessee will immediately discontinue participation. 1C. The Lessee hereby voluntarily releases, forever discharges, and agrees to indemnify and hold harmless the Lessor from any and all claims, demands, or causes of action which are in any way connected with the Lessees participation in this activity, or Lessees use of Lessors equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should the Lessee or any person or party acting on their behalf be required to incur attorney’s fees or costs to enforce this agreement, the Lessee agrees to indemnify and hold the Lessor harmless for all such fees and costs. 1D. The Lessee represents that adequate insurance to cover any injury or damage the Lessee may suffer or cause while participating in inflatable activities agrees to bear the costs of such injuries or damages. The Lessee further represents that they have no medical or physical conditions which could interfere with the safety standards of inflatable activities, the Lessee will assume and bear the costs of – all risks that may be created, directly or indirectly, by any such conditions.1E. In the event that the Lessee files a lawsuit, the Lessee agrees to do so solely in the state where the Lessors facility is located, and the Lessee further agrees that the substantive law of that state shall apply. 1F.The Lessee agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 1F. By signing this document, The Lessee agrees that if the Lessee is injured or property is damaged during participation in inflatables activities, the Lessee may be found by a court of law to have waived the right to maintain a lawsuit against the Lessor based on any negligence claim. The Lessee's signature signifies the Lessee has had sufficient time to read this entire document and if so chosen has consulted with legal counsel before signing. The Lessee understands that inflatables activities may not be made available and that the cost to engage in inflatables activities would be significantly greater if the Lessee were to choose not to sign this release. The Lessee agrees that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. 1G. Lessee will take all necessary precautions to protect the rental items, and protect all persons and property from injury or damage. Lessee agrees to indemnify Lessor and hold it harmless 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 of persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Rental Items, however caused, except claims arising through the sole negligence or willful misconduct of Lessor. 2. ASSUMPTION OF RISK/RELEASE – RELEASE OF LIABILITY. For the sum of $75, Corporate and Institutional Accounts may procure a certificate of additional insurance. Lessee acknowledges there is a risk of personal injury or property damage arising out of the use or operation of the rental items and hereby elects to voluntarily enter into this agreement and assume all risks of personal injury or property damage. Lessee agrees to release and discharge Lessor from any and all liability for such personal injury or property damage; and, Lessee further agrees to waive, release and discharge any and all claims which it may have for personal injury or property damage against Lessor. The Lessor can provide attendants for an additional charge of one hundred dollars an hour ($100). The Lessor does not supply attendants with rental equipment without an additional charge. 3. TITLE AND OWNERSHIP. The Rental Items shall at all times be and remain in the sole and exclusive property of Lessor. Lessee shall have only the rights to use the Rental Items in accordance with the terms of this Agreement. Lessor shall have the right to display notice of its ownership of the Rental Items by display of an identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without the prior written consent of Lessor. It is expressly intended and agreed that the Rental Items are personal property even though they may be affixed or attached to real estate. The Rental Items shall not be removed from the place of delivery or installation without the prior written consent of Lessor. 4. INSPECTION BY LESSEE. Lessee acknowledges that it has had an opportunity to personally inspect the Rental Items and finds them suitable for its needs and in good condition. Lessee understands the proper use and operation of the Rental Items. Lessee further acknowledges Lessee’s obligation to inspect the Rental Items prior to their use and to notify Lessor of any defects. 5. REPLACEMENT OF MALFUNCTIONING ITEMS. If the Rental Items become unsafe or defective for any reason, Lessee agrees to immediately discontinue their use and to notify Lessor. Lessor will replace the Rental Items with similar items in good working order, if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto. 6. WAIVER OF WARRANTIES. Lessor is not the manufacturer of the Rental Items or the agent of the manufacturer, and disclaims any warranty against patent or latent defects in material, workmanship or capacity; and Lessee expressly waives all warranties of fitness which may be accorded to it by law or otherwise. Lessor makes no warranties of merchantability or fitness, either express of implied. Lessor makes no warranties that the Rental Items are suited for Lessee’s intended use, or that they are free of defects, and any and all warranties of fitness, or otherwise, are expressly and specifically waived by Lessee. 7. TIME OF RETURN. Lessee’s right of possession and use of the Rental Items terminates on the expiration of the rental period and continued possession after that expiration constitutes a material breach of Lessee’s obligations under this Agreement. Time is of the essence in this Agreement. Any extension of the rental period must be agreed to by the prior written consent of Lessor. Should the Lessee retain possession of the rental item beyond the expiration of the rental agreement period, a daily charge of one hundred dollars ($100) shall accrue until such time as the item is returned to the Lessor.
8. ASSIGNMENTS, SUBLEASES AND LOANS OF RENTAL ITEMS. The Lessor may assign its right under this Agreement without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the Rental Items without the Lessor’s prior written consent. Any purported assignment by the Lessee is void. 9. RETURN OF RENTAL “CASH AND CARRY”  ITEMS . At the termination of the rental period, Lessee shall return all the Rental Items to Lessor’s premises at the agreed upon date and time, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages incurred by Lessor because the Rental Items were not returned in the condition and repair as when delivered to Lessee. If Lessor has agreed to deliver the Rental Items to Lessee or pick up the Rental Items from Lessee, Lessee shall be responsible for all damages to the Rental Items from time of delivery to Lessee until picked up by Lessor. 10. INSPECTION BY LESSOR. Lessor shall at all times have the right to enter any premises where the Rental Items may be located for purposes of inspecting them, observing their use, or removing them. 11. COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS. 11A. Lessee agrees not to use or allow anyone to use the Rental Items for any illegal manner or in an unsafe manner. Lessee agrees at its sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the Rental Items during the rental period. Lessee further agrees to pay all licenses, fines, fees, permits, or taxes arising from the use of the Rental Items, including any subsequently determined to be due. Lessee is responsible for obtaining all permits and/or licenses from the appropriate governmental agencies. Lessor may, at the Lessee’s request, act as the agent to obtain required permits and/or licenses. If these agencies should require additional Rental Items, the expense of these Rental Items will be the sole responsibility of the Lessee. If the permits or licenses are denied for any reason, Lessee shall be obligated to pay rental charges and other obligations pursuant to this Agreement. 11B. Lessee shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the Rental Items or use the Rental Items. Lessee shall not allow any person to use or operate the Rental Items when they are in need of repair or when they are in an unsafe condition or situation; modify, misuse, harm or abuse the Rental Items; permit any repairs to the Rental Items without Lessor’s prior written consent; or, allow a lien to be placed upon the Rental Items. 11C.Lessee agrees to check material, lights, wiring, filters, oil, liquid levels, and air pressure, clean and visually inspect the Rental Items at least daily and to immediately discontinue use and notify Lessor when Rental Items are found to need repair or maintenance or are not properly functioning. Lessee acknowledges that Lessor has no responsibility to inspect the Rental Items while they are in Lessee’s possession. 12. DELIVERY/SETUP/TEARDOWN/PICKUP. Delivery shall be made to the closest point Lessor’s vehicles can park. An extra charge of one hundred dollars ($100) will result in the case of deliveries upstairs, elevator use, or to any point where extra time is required. Delivery, setup, tear down, and pickup of Rental Items requires foot traffic, use of carts or dollies and sometimes heavy equipment. Lessor is not responsible for any damages that occur to property during the setup and/or removal process. 13. WILL CALL “CASH AND CARRY”. Lessee is responsible for loading and unloading appropriate “CASH AND CARRY” Rental Items. Lessee must have their own tie downs and straps to secure the load. Lessor has the right to refuse loading into a vehicle or trailer that is too small or in a condition that could result in damage to Lessor’s Rental Items. If Lessor’s employees assist in loading or unloading the Rental Items, Lessee agrees to assume the risks and hold Lessor and/or its employees harmless for any property damage or personal injuries, including property damage and personal injuries attributed to the negligence of Lessor. 14. NON REFUNDABLE 10% DAMAGE WAIVER. The Lessee has the option to decline the non refundable 10% damage waiver, thereby assuming full responsibility for covering 100% of any damages to rented items. 15. The Lessor assumes risk of damage of Rental Items, except the following risks assumed by the Lessee: (a) loss, damage, vandalism, malicious mischief, and theft; (b) loss, damage or theft of accessory items such as extension cords, etc.; (c) loss due to disappearance or wrongful conversion by a person entrusted with Rental Items; (d) damage during transportation of equipment by Lessee; and (e) wax stains or burn holes to tent material. The non refundable damage waiver is null and void if damage is caused by a third party not associated or related to Lessee. In that instance the Lessor reserves the right to collect from person or company causing damage. THE LESSEE UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURANCE. THE LESSEE IS OBLIGATED TO SUBMIT TO THE LESSOR A POLICE REPORT ON ALL LOSSES COVERED UNDER DAMAGE WAIVER. The Lessee has the option to decline the non refundable 10% damage waiver, thereby assuming full responsibility for covering 100% of any damages to rented items. 16. DIRTY OR DAMAGED ITEMS. Lessee agrees to pay for any damage to Rental Items regardless of cause, except reasonable wear and tear. Lessee also agrees to pay a cleaning charge of two hundred and fifty dollars ($250) for all Rental Items returned to Lessor excessively dirty, visibly muddy, greasy, covered in oil, fuel, blood, or other stains. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Items damaged beyond repair will be replaced by Lessee under the following provisions; if the Lessee paid the 10% Damage Waiver upfront at the time of rental transaction, Lessee will only pay 50% of Lessor’s replacement cost for rental item(s). If Lessee waived and declined to pay the Lessors 10% Damage Waiver upfront at the time of rental transaction, Lessee will pay 100% of Lessor’s replacement cost for the rental item. The cost of repairs will be borne by Lessee, whether performed by Lessor or at the Lessor’s option, by others. 17. THEFT OF RENTAL ITEMS. The Lessee agrees to pay for Rental Items (at Lessor’s full 100% replacement cost) for all types of theft or disappearance. DAMAGE WAIVER DOES NOT COVER THEFT. 18. RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for Lessor to retake the Rental Items, Lessee authorizes Lessor to retake the Rental Items without further notice or further legal process and agrees that Lessor shall not be liable for any claims for damage or trespass arising out of the removal of the Rental Items. 19. LEGAL FEES. In the event of breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs in such action or proceeding, in an amount to be determined by the court. 20. WEATHER RELATED RISKS. TENTS SHOULD NOT BE INFLATED IN WINDS EXCEEDING 15 MPH!! The Lessee acknowledges and agrees that it is their sole responsibility to assess and ensure that weather conditions on the day of their events are suitable for the safe and appropriate use of the cloth inflatable tent and it’s necessary equipment. In case of incremental weather the Lessee can reschedule their rental for a day within 3 months of cancellation, no refunds will be issued in cases of incremental weather. The Lessor shall not be held liable for any damages, injuries, or losses resulting from the Lessee's failure to adequately consider weather conditions prior to use. In the event of heavy rain or adverse weather conditions, where feasible, the Lessee agrees to deflate the tent, cover it and it’s accompanying equipment  with a tarp, promptly notify the Lessor, and await further instructions. Lessee assumes all weather-related risks involved in holding an outdoor event. Lessor will endeavor to minimize said risk, however, should the tent or equipment become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor’s control, Lessee shall still be liable for payment in full of all rental charges. In the event of these weather conditions, Lessor has the right to remove tent and any other rental equipment that they determine could be damaged by weather prior to end of contracted rental period and all rental fees will still apply. 21. INDIANA 811 & PREPARATION OF SITE. Lessee agrees to have the site upon which the Rental Items will be erected marked by INDIANA811 48 hours prior to two (2) weeks before the event date, the site should be free and clear of all obstacles, natural and manmade, prior to the arrival of the Lessor’s work crew.The Lessee is required to ensure that the tent area is marked by Indiana811 prior to the arrival of the crew for tent setup on the event day. Failure to comply with this requirement will result in the Lessee forfeiting 100% of the costs associated with the tent rental and deposit. Lessee further agrees to have all tents cleared of items for removal prior to Lessor’s arrival. All non-rented items and decorations shall be cleared and taken from the site. If Lessee fails to do so, then Lessee shall pay all costs involved for any delay, additional rental, and all costs involved for any delay, additional rental, and all costs including collection and legal expense. 22. TENTS. No tents are guaranteed to be waterproof. Tents are to be considered temporary shade structures and should never be used as a shelter in the event of high winds or storms. Not all tents are engineered or carry a published wind load. In the event of heavy rain or adverse weather conditions, where feasible, the Lessee agrees to deflate the tent, cover it and its accompanying equipment with a tarp, promptly notify the Lessor, and await further instructions. 23.NO SMOKING OR COOKING UNDER OR AROUND INFLATABLES(S). THE INFLATABLES ARE NOT FIRE OR FLAME RESISTANT!! Fireworks shall not be permitted within (100) one hundred feet of inflatables, therefore, the Lessee agrees the following activities will not occur and are strictly prohibited within or around the tent for 10 feet: fireworks (100 feet), cooking, use of heating devices, hot plates, hot pans, catering equipment for cooking or heating, grills, crock pots, hot oil, grease, cheese, fondue, or chocolate fountains. Any cooking, fire, flame, fuel, combustibles, vehicles, etc. may not be located at least (10) feet from the inflatables. Lessee assumes full responsibility and 100% of costs incurred for damage and or cleaning expenses to tents due to cooking processes under or near tents. 24. ELECTRIC POWER AND LIGHTING. Lessee agrees to furnish Lessor access to, and the right to use Lessee’s electrical and power lines for the installation and operating of the Rental Items. 25. UNDERGROUND FACILITIES. Lessee agrees to have all underground facilities in the vicinity of the Rental Items clearly marked prior to the arrival of Lessor’s work crews. Lessee assumes full responsibility for damage to all underground facilities. Lessee must call or submit a ticket online to  Indiana811 two weeks prior to installation. Please note that Indiana811 does not mark any private utilities (i.e. invisible fence, irrigation, etc.). Indiana811 will ask for the following information; the date of the event, the county the event is taking place, the Lessors name, address, phone number, and how deep the Lessor will be digging (2-4 feet deep depending on soil conditions). The live ticket must be worked within 30 days of the event date. 26. INFLATABLES/GAMES. Lessee agrees to follow all instructions and safety procedures while using inflatables or games. All inflatables and/or games must always have adult supervision. Inflatables must be staked down according to specifications. Inflatables cannot be operated in winds exceeding 15 mph and must be deflated. In the event of rain, Lessee agrees to deflate inflatable, when possible, and cover it and its accompanying equipment with a tarp. Lessor is not responsible for any injuries that may occur during the use of Rental Item. Lessee agrees to bring inflatables back clean and free of any debris, including leaves. If Lessee does not comply with these terms, additional fees may apply. Lessor has the right to discontinue the use of any inflatable or game if it is assessed that there are safety concerns to participants or the equipment due to operation. 27. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Lessor to insist upon strict performance by Lessee as regards to any provision of this Agreement shall not be interrupted as a waiver of Lessor’s right to demand strict compliance with all other provisions of this Agreement against Lessee or any other person. The provisions of this Agreement shall be severable so that the unenforceability, invalidity, or waiver of any provision shall not affect any other provision. 28. CREDIT AND DEBIT CARD AUTHORIZATION. Lessee specifically authorizes Lessor to charge Lessee’s credit card (such as Visa or MasterCard), or debit card for any and all charges related to this rental. This includes, but is not limited to, rental charges, cleaning charges, damage, loss of rental, costs of repairs as a result of the rental and charges. Furthermore, Lessee authorizes Lessor to charge a 2.99% credit card convenience fee for any and all Visa or MasterCard transactions and a 1% fee for paypal or venmo transactions. 28. NON REFUNDABLE AND NON TRANSFERABLE DEPOSIT AND CANCELLATION POLICY. Any cancellation before the event date(s), 100% of Lessees deposit will be forfeited by the Lessee. All items on orders require a 50% non-refundable deposit. Any deposit received is acceptance of our Rental Agreement Release Indemnification Hold Harmless Terms and Conditions in lieu of a signature. If any item on your order is canceled for any reason, you will forfeit the 50% deposit. [CORPORATE/INSTITUTIONAL ACCOUNTS -  all rental items, sale items, “CASH AND CARRY” items and inflatables require a 100% deposit at the time of ordering and the 100% deposit shall remain transferable for a rescheduled event if rescheduled within three (3) months, subject to availability. If Lessee's event is not rescheduled on the day of cancellation for another date within the (3) three month window from day of cancellation, Lessee forfeits 100% of deposit. The Lessee may not secure a date already reserved by another party with the Lessor.] All order balances are to be paid in full three weeks prior to your event date. No refunds will be given to any items returned unused once they leave Lessors’ premises. Any deposit received by Indiana Party Rentals is acceptance of our Rental Agreement Release Indemnification Hold Harmless Terms and Conditions in lieu of a signature.