Rental Agreement and Liability Waiver:
This document serves as a Rental Agreement and Liability Waiver ("Agreement") between Fiesta Land CLT (referred to as "Company") and the undersigned customer (referred to as "Customer") for the rental of inflatables and party rentals ("Rental Equipment"). The Customer acknowledges and agrees to the terms and conditions outlined below:
Rental Period:
The rental period for the Rental Equipment begins on the agreed-upon rental start date and time and ends on the agreed-upon rental return date and time as specified in the rental agreement.
Proper Use and Supervision:
The Customer acknowledges and agrees to use the Rental Equipment strictly by the provided safety guidelines and instructions. The Customer understands and accepts responsibility for ensuring that the Rental Equipment is used under proper adult supervision at all times during the rental period.
Assumption of Risk:
The Customer acknowledges that the use of the Rental Equipment involves inherent risks and dangers, including but not limited to slipping, falling, collision, and injury. The Customer voluntarily assumes all risks associated with the use of the Rental Equipment and agrees that the Company shall not be held liable for any injuries, losses, damages, claims, demands, costs, or expenses arising out of or related to such risks.
Release and Waiver of Liability:
The Customer, on behalf of themselves and their guests, releases and forever discharges the Company, its owners, employees, agents, and representatives from any liability, claims, demands, actions, or causes of action arising out of or related to the use of the Rental Equipment, including but not limited to personal injury, property damage, or death, whether caused by the negligence of the Company or otherwise.
Indemnification:
The Customer agrees to indemnify, defend, and hold harmless the Company, its owners, employees, agents, and representatives from and against any claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, arising out of or in connection with the use of the Rental Equipment or any violation of this Agreement by the Customer or their guests.
Inspection and Maintenance:
The Customer agrees to inspect the Rental Equipment upon delivery and report any damages or defects to the Company immediately. The Customer shall not attempt to repair or modify the Rental Equipment without prior written consent from the Company. The Customer understands that failure to properly maintain or repair the Rental Equipment may result in additional charges or penalties.
Weather Conditions:
The Customer acknowledges that certain weather conditions, such as strong winds, rain, or extreme heat, may pose risks to the safe use of the Rental Equipment. The Customer agrees to take appropriate precautions, including deflating and securing the Rental Equipment, in the event of adverse weather conditions. The Company shall not be held responsible for any damages, losses, or injuries resulting from the Customer's failure to comply with weather-related safety instructions.
Governing Law and Jurisdiction:
This Agreement shall be governed by and construed by the laws of North Carolina. Any legal action or proceeding arising out of or relating to this Agreement shall be brought in the appropriate courts located within the jurisdiction of North Carolina.
Entire Agreement:
This Agreement constitutes the entire understanding between the Company and the Customer and supersedes any prior agreements, understandings, or representations, whether oral or written, relating to the Rental Equipment.