Bounce housesthat make the party.

1. Equipment Rental.

BBH shall provide Customer with an inflatable bounce house equipment rental package, (the “Equipment Rental”) as described in more detail below in the Rental Package Details, as well as necessary staff required to deliver and setup the rental package. Customer acknowledges the receipt of BBH’s “Safety and Procedure Manual,” which by this reference is incorporated herein, and agrees to comply with same at all times. NOTHING TO THE CONTRARY, CUSTOMER ACKNOWLEDGES AND AGREES THAT BBH DOES NOT PROVIDE ATTENDANTS, SUPERVISORS OR ONSITE MONITORING OF THE EQUIPMENT RENTAL OR USE THEREOF.

2. Rental Package Details.

The Rental Date, Rental Location, Rental Fee and Rental Package Details are those confirmed in Customer’s booking with BBH.

In the event that the weather forecast for the Rental Date anticipates or predicts winds in excess of 15 miles per hour, sustained rain or lighting in the area, BBH may contact Customer and re-schedule the Rental Date, all at BBH’s sole and absolute discretion.

3. Rental Fee and Payment.

The total rental fee for the Equipment Rental is listed above under the Rental Package Details as the Rental Fee. Any change order outside of the rental package specified herein will incur additional fees and will be invoiced separately. The Rental Fee is to be paid by Customer at the time Customer books with BBH and/or signs this Agreement. In the event of Customer’s cancellation of this Agreement within seven (7) or more days of the Rental Date, Customer shall receive a 100% refund of the Rental Fee. In the event of Customer’s cancellation of this Agreement within three (3) to six (6) days of the Rental Date, Customer shall receive a 50% refund of the Rental Fee. In the event of Customer’s cancellation of this Agreement within less than 72 hours of the Rental Date, Customer shall not be entitled to any refund. Any amount remaining unpaid after the same are due and payable shall accrue interest at the rate of 1.75% per month (or 21% per annum), which Customer agrees to pay.

4. Inspection; Condition and Use.

Customer acknowledges and agrees that Customer has had adequate opportunity to personally inspect the Equipment Rental prior to taking possession of or using the Equipment Rental, and that it is in good order and repair. Customer acknowledges that Customer has received adequate written and verbal instruction on the safe operation and use of the Equipment Rental, has reviewed the Safety and Procedure Manual, and has received adequate warning as to any dangers in the operation and use of the Equipment Rental that are obvious or readily apparent. Customer shall allow only competent and qualified persons to operate or use the Equipment Rental. Customer agrees that in the event the Equipment Rental fails for any reason, Customer is responsible, at Customer’s own expense, for discontinuing its use and notifying BBH. Customer acknowledges that under no circumstances in Customer authorized by BBH to incur any expenses on BBH’s account for the repair or replacement of Equipment Rental.

5. Delivery and Set-Up of Equipment Rental.

BBH provides delivery and pickup services. Customer grants BBH and its agents and employees the right to enter Customer’s premises for the purpose of delivery, installation, and pick-up requested by Customer or required of BBH. Delivery is made to the closest point the BBH vehicle can park. Delivery and pick-up will be to ground level only. Extra charges may result from any required deliveries to other floors, elevator use, or additional time involved for excess travel from truck to event location, typically when in excess of 30’. Customer shall provide access for delivery and pick-up of Equipment Rental at the times agreed upon in order to insure availability of Equipment Rental. An additional charge shall be assessed for lack of access at the agreed-upon times for delivery and pick-up.

6. Care of Equipment Rental.

Customer agrees to pay all costs and expenses associated with the use, operation and possession of the Equipment Rental, including, without limitation, the payment of all required permits, licenses, and taxes. Customer agrees to keep the Equipment Rental at all times in Customer’s custody at the address specified in this Agreement. Customer shall not permit the Equipment Rental to be used for any purpose for which is not designed or intended, or to be neglected or abused. Customer shall protect the Equipment Rental from the elements during the time of delivery, use, storage, and waiting period before pick-up.

7. Pick-Up and Return of Rental Equipment.

Customer’s right of possession of the Equipment Rental terminates on the expiration of the rental period. Retention of possession after this time constitutes a material breach of Customer’s obligations under this Agreement. TIME IS OF THE ESSENCE. Customer agrees to pay additional rental charges for any Equipment Rental not returned or made available for pick-up on time. If Equipment Rental is not made available for pick-up when scheduled, and Customer has not made alternate arrangements for pick-up within 12 hours of the scheduled pick-up, BBH, at is sole discretion, may report Equipment Rental stolen. Customer shall return all the Equipment Rental and/or, as applicable, make it easily available for BBH’s pick up of the Equipment Rental, with the Equipment Rental to be in the same condition and repair as when delivered to the Customer. Customer may be assessed extra charges for additional labor costs and delays incurred in the return of the Equipment Rental.

8. Damaged, Lost, Stolen or Dirty Equipment Rental.

Customer assumes all risk of loss to the Equipment Rental, regardless of cause, ordinary wear and tear expected, and Customer shall be liable for all damages to or loss to the Equipment Rental. Customer agrees to pay or reimburse BBH on return of the Equipment Rental for all charges incidental to all breakage, shortages, loss, theft, damage, or cleaning. Equipment Rental not returned when due, or damaged beyond repair will be paid for by Customer at the fair market value of the Equipment Rental when rented, as determined by the BBH in its sole and absolute discretion. Customer is responsible to pay for the cost of repairs to the Equipment Rental, whether performed by BBH or by another party, at BBH’s option. Customer agrees, in the event of a theft collision, or other accident involving the Equipment Rental, to furnish BBH with a copy of any police reports prepared in connection with the theft, collision, or accident, and further that the Equipment Rental will only be used by Customer or other person specifically designed herein, and not other person without the express written consent of BBH. Customer shall pay all expenses incurred by BBH, including reasonable attorney’s fees and costs, to enforce this Agreement, or in collecting any rent or other fees or charges provided for herein, or in repossessing the Equipment Rental.

9. Customer Responsibilities and Covenants.

a. Site Preparation. Customer shall have the site upon which any Equipment Rental is to be installed, place, or erected cleared and free of all obstacles, natural or man-made, prior to the installation, placement, or erection of the Equipment Rental. The area shall be cleared completely before the date and time of the Equipment Rental is to be removed. Customer shall pay an additional charge for failure to have the site prepared and ready for set-up or take-down. Customer shall be present or have a representative present at the time of set-up. Customer shall be responsible to obtain and pay the cost of all necessary permits, licenses and consents from appropriate business and government agencies, and to furnish BBH with copies.

b. Required Adult Supervision. Customer acknowledges and agrees that the inflatable must never be left unattended while inflated or occupied. A responsible adult must supervise the inflatable whenever it is occupied. The supervising adult must remain within viewing distance of the inflatable; monitor participant behavior; enforce capacity limits; prevent unsafe activities; and stop use during unsafe conditions. Customer acknowledges and agrees that they are responsible for providing continuous adult supervision during use; ensuring all participants follow safety rules; monitoring weather conditions during the rental; preventing misuse of equipment; and immediately stopping operation if unsafe conditions occur.

c. Orientation Meeting. Before leaving the Equipment Rental, the Customer will review with the BBH staff proper operation of blower system; safety rules; capacity limitations; weather restrictions; emergency procedures; and how to stop use if conditions become unsafe.

d. Safety Waiver. Customer agrees the BBH is not responsible for participant safety, and understands BBH’s rules pertaining to prohibited activities, capacity and participant restrictions, weather safety procedures for inclement weather, electrical safety procedures, incident documentation.

e. Subsurface Conditions. Customer will contact the appropriate authorities in advance before set-up of any Equipment Rental which involves subsurface disturbance, from the driving of stakes or otherwise, to permit the location and marking of underground utilities. Customer shall assume full responsibility and risk for any damage to all underground utilities or other facilities, and shall indemnify and hold BBH harmless from such damage.

f. Weather-Related Risks. Customer assumes all weather-related risks involved in holding an outdoor event. The inflatable bounce house is temporary structures and could collapse during a severe rain, snow, or wind-storm. The inflatable bounce house should be evacuated in high winds, heavy snows, or extreme lightning or rain. Weather related delays or risks shall not relieve Customer’s obligation to pay all rental charges under the Agreement.

g. Staking. Customer shall provide a suitable surface for the erection and secure anchoring of the rented inflatable bounce house. Customer acknowledges that the inflatable must remain securely anchored at all times during use. Under no circumstances shall Customer, or any guest, participant, or other third party, remove, loosen, relocate, adjust, disconnect, or otherwise tamper with any stakes, tie-downs, anchor points, straps, or other securing devices installed by BBH. Customer assumes all responsibility and liability for any injury, damage, loss, or claim arising from the removal, alteration, or interference with such anchoring devices by Customer or any other person. Customer further assumes all risk and liability for holes, cracks, or other damage to concrete, asphalt, grass, or any other surface or subsurface upon which the rented inflatable bounce house or other equipment is erected. BBH does not recommend the use of water barrels or concrete weights as anchors for any temporary structure, and if Customer elects to use or request the use of such alternative anchoring methods, Customer assumes all liability arising from their use.

h. Lighting and Power and Water. Customer shall furnish BBH access to, and the right to use, Customer’s electrical and power lines for installation and operation of the Equipment Rental. Access to water and hose.

i. Compliance with Law. Customer shall, at its sole expense, comply with all federal, state, and local laws, regulations and ordinances which may apply to or affect the Equipment Rental and its use while in Customer’s possession, and Customer shall indemnify BBH and its officers, directors, employees, and agents accordingly.

10. Right of Inspection.

BBH shall at all times have the right to enter any premises where Equipment Rental and other related items may be located, for purpose of inspecting them, verifying proper installation, observing their use, and removing them from the premises.

11. Excused Performance.

BBH’s performance under this Agreement will be excused and may be delayed or modified without liability to BBH, in the event of severe weather conditions, strikes, labor disputes, riots, accidents, natural disasters, pandemics, or other acts of God, or due to other factors or circumstances beyond the reasonable control of BBH. In such event, BBH will use its best efforts to provide substitute services as close as reasonably practicable to the services specified herein, subject to Customer’s written approval.

12. Insurance.

Customer shall maintain, at Customer’s sole expense, sufficient liability and casualty insurance coverage in amounts necessary to fully protect BBH and the Equipment Rental against all claims, loss or damages, of whatever nature or type. Upon request by BBH, Customer shall present to BBH, prior to the performance of any services here under, a certificate of insurance showing such coverage.

13. Exclusion of Warranties.

CUSTOMER HAS THE NECESSARY SKILL AND EXPERTISE TO PROPERLY USE AND OPERATE THE EQUIPMENT RENTAL. CUSTOMER HAS MADE THE SELECTION OF AND DECISION TO RENT THE EQUIPMENT RENTAL BASED SOLELY ON CUSTOMER’S OWN JUDGMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT BBH IS NOT THE MANUFACTURER OF THE EQUIPMENT RENTAL OR THE AGENT OF THE MANUFACTURER OF ANY OF THE EQUIPMENT RENTAL, AND NO WARRANTY AGAINST PATENT OR LATENT DEFECTS IN MATERIAL WORKMANSHIP OR CAPACITY IS GIVEN. BBH MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT RENTAL IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS, NOR ARE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, MADE BY BBH. THE EQUIPMENT RENTAL IS WITH ALL FAULTS, “AS-IS.” CUSTOMER’S SOLE REMEDY FOR ANY FAILURE OR DEFECT IN THE EQUIPMENT RENTAL IS THE TERMINATION OR REFUND OF THE RENTAL CHARGES AT THE TIME OF THE FAILURE PROVIDED THAT CUSTOMER NOTIFIES BBH IMMEDIATELY OF SUCH FAILURE, AND RETURNS THE EQUIPMENT RENTAL OR MAKES IT AVAILABLE TO BBH FOR PICK-UP AS SOON AS REASONABLY POSSIBLE AFTER SUCH FAILURE.

14. Assumption of Risk.

BBH is in the business of providing inflatable bounce house equipment rental packages, which offers Customers the opportunity to participate actively or passively, in bouncing, jumping, water sliding and other physical related activities, including, but not limited to, jumping, tumbling, exercising, sliding and other miscellaneous activities (collectively, “Activities”). Customer acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; water intrusion on our about Customer’s property or location of Equipment Rental; drowning; error of judgment by other participants; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. Notwithstanding the foregoing risks and safety measures implemented by BBH, Customer acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Customers physical condition and skill level. Except as may otherwise be provided in this Agreement, CUSTOMER ASSUMES ALL RISK OF ANY KIND IN THE USE, OPERATION AND POSSESSION OF THE EQUIPMENT RENTAL, INCLUDING ALL RISK OF LOSS OR DAMAGE TO THE EQUIPMENT RENTAL, OR TO PERSONS OR OTHER EQUIPMENT RENTAL.

15. Release and Limitation of Liability; Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT BBH SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, OR CAUSES OF ACTION WHATSOEVER, FOR ANY INJURY, LOSS, COST OR EXPENSE, WHETHER TO PERSON OR EQUIPMENT RENTAL AND WHETHER FOR LOSS OF TIME OR ANY OTHER LOSS ARISING FROM THE USE OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT AND THE EQUIPMENT RENTAL OR USE THEREOF, OR ANY PART THEREOF, FROM WHATEVER CAUSE. BBH SHALL NOT BE LIABLE FOR, AND CUSTOMER SPECIFICALLY WAIVES THE RIGHT TO RECOVER ANY LOST PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. Customer, on behalf of itself, its guests and invitees (including any minors), releases and waives any claims against BBH arising from or related to the Equipment Rental and this Agreement, except to the extent such claims result from Owner's gross negligence or willful misconduct where such limitation is prohibited by applicable law. In all circumstances where BBH is found liable, Customer agrees that BBH’s maximum aggregate liability for any claim arising out of or relating to this Agreement or the Equipment Rental shall not exceed the rental charges actually paid by Customer for the specific Equipment rental giving rise to the claim.

16. Indemnification.

To the fullest extent permitted by law, Customer agrees to indemnify, defend and hold BBH, its owners, officers, agents, representatives and employees, harmless from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Customer’s possession, transportation, operation, maintenance, misuse, unauthorized use, or return of the Equipment Rental, except to the extent caused by BBH’s gross negligence or willful misconduct.

17. Mediation.

In the event of any dispute between the parties which they are unable to resolve among themselves, the dispute shall be submitted to non-binding mediation conducted in Colorado before filing suit. The mediation shall not last longer than one (1) business day (approximately eight hours) unless otherwise agreed by BBH and Customer. BBH and Customer shall select one mediator, who shall not be related to, affiliated with, or employed by either party. Either BBH or Customer may initiate mediation by sending a written demand for mediation to the other party. If the other party does not respond to the demand within fourteen (14) days or fails to participate in any scheduled mediation agreed to by the parties, the party sending the demand may seek an order compelling mediation and the party that failed to respond to the demand or participate in the scheduled mediation shall pay the actual attorney’s fees and costs incurred by the party seeking an order to compel mediation. This section shall in no way limit the parties’ right to injunctive relief. BBH AND CUSTOMER WAIVE A JURY TRIAL IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT.

18. Miscellaneous.

a. This Agreement constitutes the parties’ entire agreement with respect to the subject matter hereof. There are no restrictions, promises, representations, warranties, covenants, or understandings other than those expressly set forth herein. This Agreement supersedes all prior agreements or understandings between the parties and may not be modified or amended in any manner other than as set forth herein. No amendment, modification, or waiver of this Agreement will be valid unless the amendment, modification, or waiver is in writing and signed by both parties.

b. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

c. This Agreement may be executed in multiple counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

d. BBH may assign its rights and obligations under this Agreement. Customer shall not assign Customer’s rights or obligations here under, nor sublease or loan the Equipment Rental without BBH’s written consent, which may be denied for any reason in BBH’s subjective discretion.

e. This Agreement and any dispute or controversy arising from this Agreement will be construed in accordance with and governed by the laws of the State of Colorado, without regard to the conflict of law principles thereof.

f. The obligations, waivers, limitations, indemnities, and risk allocations contained in this Agreement shall survive expiration or termination of the rental period.