Flip Flop Inflatables

Policy, Procedures, Rental Agreements, and Deposits

Rental Terms and Conditions Flip Flop Inflatables, L.L.C. values you as a customer. We will not settle for less than providing clean, safe, inspected and insured equipment for your event. Our main goal is to ensure that your child has both a safe and fun filled day. Flip Flop Inflatables is a fully insured and licensed Louisiana LLC that abides by all current rules, laws and regulations; thus the following policies and procedures are in place for all of our rentals: Identity of parties: For the purposes of this Rental Agreement. "Flip Flop Inflatables, LLC" shall mean Flip Flop Inflatables, its owners, employees or agents and "Customer" shall mean the person(s) or company listed in the "rented to" box on the rental invoice as well as the person signing the agreement (if different), and their agents and/or employees. Equipment, Rent, Payment and Term of Rental Agreement: Customer rents from Flip Flop Inflatables certain equipment described on the invoice. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed by date and time on the invoice, but all of Customer’s obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by Flip Flop Inflatables. If the Equipment is delivered by Flip Flop Inflatables and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the Equipment due to weather or other causes. Returned Check policy: In the event that a check is returned to Flip Flop Inflatables for insufficient funds customer agrees to pay the total rental price as well as an additional $35.00 fee to Flip Flop Inflatables in cash immediately upon notice to avoid legal actions and/or additional fees. Weather: Flip Flop Inflatables cannot guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the inflatable equipment and/or its users may be in danger. Some examples of severe weather are high winds, excessive rain, snow, and lightening. In the event of severe weather during a rental, customer agrees that he/she/they will unplug the inflatable, allow it to deflate, and not use the inflatable until the severe weather ends. Delivery: Flip Flop Inflatables shall deliver the Rental Equipment to the address specified by Customer as listed on the invoice. Customer grants to Flip Flop Inflatables true right to enter the property at the address for delivery, and required set up, if any, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times. Receipt/inspection of Rental Equipment: Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the rental equipment and will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer’s needs. Possession/Title: Customers right to possession of the Rental Equipment begins upon the items being delivered to Customer’s premises and terminates on the actual pick up by Flip Flop Inflatables. Retention of possession, or any failure to permit the pick up of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to Flip Flop Inflatables the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Flip Flop Inflatables. Title to the rental items is in and shall remain in Flip Flop Inflatables name. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Flip Flop Inflatables’s delivery of the items, until Flip Flop Inflatables picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, Flip Flop Inflatables may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend, and hold Flip Flop Inflatables harmless from any and all claims and costs arising from such retaking and/or levy. Rental items, cannot be levied upon, or otherwise moved from Delivery Address. Care of the Rental Equipment: Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable and proper use of the rental equipment. Customer shall be liable to Flip Flop Inflatables for any and all damage which is not "ordinary wear and tear" in an amount equal to the replacement value of the rental equipment. Damage which is not "ordinary wear and tear" includes, but is not limited to, cutting or tearing of vinyl or netting, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, candy, paint, silly string, mud or other materials. Equipment Problems: Should any equipment develop a problem, or does not function correctly at anytime, or Customer does not understand the operating instructions; Customer agrees to immediately cease use of the equipment and contact Flip Flop Inflatables. In particular, if the inflatable unit begins to deflate, customer will immediately have the riders exit the unit and then check for one of the following conditions: 1) The motor has stopped; in which case check the power cord connection at the outlet where the unit plugs into the house to make sure that it has not been unplugged; 2) If motor continues to run, check for blockage of the air intake screen on the side of the blower unit. Also, check both air tubes on the back of the unit for snugness and tighten the ties if necessary; 3) If either of these steps corrects the problem, fully re-inflate the unit prior to permitting anyone to use the unit 4) If you cannot correct the problem, call our office at 985-870-6347. Specific Rules and Instructions for the inflatable equipment: The following rules and warnings must be obeyed in the use of inflatable equipment: All safety and operating instructions contained on the inflatable must be complied with and followed at all times; For the safety of all Children, ADULT SUPERVISION IS REQUIRED AT ALL TIMES; No silly string is permitted to come in contact with the inside or outside of the inflatable unit, this causes Irreparable damage to the inflatable; WARNING – extra caution and supervision are required for children ages three (3) and under, WARNING – It is unsafe to stay in inflatable if winds exceed 20 miles per hour (MPH). Have all persons exit inflatable, then unplug the blower unit and let inflatable deflate, WARNING – Individuals with head, neck, back or other muscular-skeletal injuries or disabilities, pregnant women, small infants, and others who may be susceptible to injury from falls, bumps or bouncing are not permitted in the unit at any time, Do not move the inflatable from the location where set-up; If the inflatable unit moves, pull corner(s) back to their original location(s) and re-secure; Do not let the inflatable unit rub up against any surface. For other questions regarding the safe installation of equipment, please call our office at 985-870-6347. Limited Warranty: Flip Flop Inflatables warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered. All equipment is supplied and maintained subject solely to this warranty. Flip Flop Inflatables’s sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when Flip Flop Inflatables determines that it does not conform to this warranty. Flip Flop Inflatables makes no warranty of merchant ability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the rental equipment is fit for Customer’s particular intended use, or that it is free of latent defects. Flip Flop Inflatables shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, Installation of, use of, or any failure of the rental equipment. Flip Flop Inflatables shall not be responsible for any defect or failure unknown to Flip Flop Inflatables at the time of delivery. Compliance with Laws: Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, parish, state, federal or other governmental or quasi-governmental laws, or ordinances and/or regulations which may apply to the use of the rental equipment during the rental period, Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer’s use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use. Legal Fees: In the event that an attorney is retained to enforce any provision of the Agreement, Flip Flop Inflatables shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator. Insurance Declaration: The renter acknowledges and represents that it has adequate homeowner’s insurance, tenant’s insurance or other liability insurance in place to cover any bodily injury or property damage which might to occur to itself, its guest or its invitees from the use of the unit(s) being rented or else renter agrees to bare the cost of defense and liability of any such injury or damage his/her/itself. Severability: If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by the court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.

Rental Rules, General Release & Hold Harmless Safety/Operating instructions: In addition to the information set forth in this agreement, the customer acknowledges that their safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges and understands that Flip Flop Inflatables has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children’s safety depends upon customer provided supervision and correct operation of the equipment AT ALL TIMES. Customer further agrees to keep all equipment away from swimming pool(s) and other hot/flame producing equipment and customer understands and agrees that they will not operate any rented equipment near water or flame. By entering to this agreement, Customer acknowledges that there is a risk of injury or damage arising of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and all risk of injury or damage. In particular, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from customer on the safe operation and use of the equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation. General Release/indemnity/hold harmless: I, understand and acknowledge that play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant and property damage. I hereby voluntarily and expressly release, indemnify, forever discharge and hold harmless Flip Flop Inflatables from any and all liability, claims, demands, causes or rights of action whether personal to me or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions. Should Flip Flop Inflatables or anyone acting on behalf of Flip Flop Inflatables be required to incur attorney’s fees and costs to enforce this agreement, I expressly agree to indemnify and hold Flip Flop Inflatables harmless for all such fees and costs. In the event I, the undersigned, or any of my participants file a lawsuit against Flip Flop Inflatables, it is agreed to do so solely in the State of Louisiana. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. In consideration of being permitted by Flip Flop Inflatables to use its equipment and facilities, the undersigned and its participants agree to indemnify and hold harmless Flip Flop Inflatables from any and all claims which are brought by the undersigned and/or their participants and which are in any way connected with such use or participation. A set of Rules and Directions are displayed on the bounce house/unit(s), have been provided to the undersigned, and are located at www.flipflophouma.com under the policy and procedures tab; which I agree to follow and utilize at all times during operation and use of the unit(s). I, ____________________________, HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT as explained at delivery, ALL RENTAL TERMS AND CONDITIONS AT WWW.FLIPFLOPHOUMA.COM UNDER THE POLICY AND PROCEDURES TAB AND THE PROVIDED RULES GOVERNING THE SAFE OPERATION OF EQUIPMENT, I understand following the rules explanation and delivery of equipment, that MANAGEMENT AND SAFETY OF THE ATTRACTION is my responsibility until Flip Flop Inflatables picks up the attraction, AND AM AUTHORIZED TO SIGN THIS AGREEMENT AND TAKE POSSESSION OF EQUIPMENT ON BEHALF OF THE EVENT.     ___________________________             __________________ Signature                                                        Date

Documentation given to customer at each rental.

RULES GOVERNING THE SAFE OPERATION OF EQUIPMENT The following rules detail safe operational guidelines for the inflatable equipment you are leasing from Flip Flop Inflatables Inflatable Rentals. To ensure safe operation of the inflatable, it is in your best interests to have these rules read aloud by a company representative. Further, you are encouraged to direct any questions you may have about the operation of the inflatable to your representative from Flip Flop Inflatables Inflatable Rentals before you begin use of the equipment. Supervision: The safety of the children depends on you. Your personal supervision is absolutely required at all times. As the lessee of this inflatable unit, the safety of all the riders is your responsibility. As the adult supervisor, you should position yourself in close proximity of the entrance to the ride and be prepared to assist riders when they enter/exit the ride. Age Groups: Only compatible age groups and sizes shall play on the inflatable at the same time. The following are guidelines as to the number of riders that may be on the inflatable unit at the same time: Small Children- 6 to 8 Medium Children- 4 to 6 Teens/Adults- 1 to 3 Shoes/Glasses/Jewelry: All riders MUST REMOVE SHOES, GLASSES, ALL LOOSE JEWELRY, AND ANY OTHER SHARP OBJECTS before playing in the inflatable. Pets/Smoking/Fireworks: No pets, smoking or fireworks/spark or fire emitting devices are allowed near the inflatable. Pre-existing Health Conditions: Pregnant women, individuals with pre-existing injuries, and others susceptible to injury from falls, bumps or bouncing are not permitted in or on the inflatable unit at any time. Flipping/Wrestling/Piling: Improper use of the inflatable includes flipping in the air, wrestling, and riders piling on themselves. Such activity may result in neck and back injuries to riders. Installation: Do not remove the inflatable from the area where it was installed. If the inflatable unit moves, pull it by one of its corners back to its original location of installation. Keep the inflatable unit away from swimming pools, other sources of water and BBQ Pits/Grills at all times. Inclement Weather: Once there is a threat of inclement weather, including strong winds (at or in excess of 20 mph), thunderstorms (especially when lightening is present), children should immediately exit the inflatable. The blower should thereafter be switched off and removed, and the unit allowed to deflate. Deflation: Should the unit begin to deflate, do the following: First, have all children exit the unit immediately. Next, 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 unit to make sure that they are tightly tied off. Never allow riders in or on a partially inflated unit. Alterations: No alteration in or attachments to the inflatable unit are allowed. General Misuse: Do not allow riders to play or climb on walls, sides or roof of inflatable. Do not allow the inflatable rub up against any surface. Unless previously authorized by Flip Flop Inflatables, never place a water hose or water in general onto the inflatable. If the inflatable should become wet, have an adult wipe down unit before riders return. Inflatable should not be wet when riders enter the unit. Negligence or Abuse: The following fees may be assessed for negligence or abuse of inflatable. Spilled food, drink could result in a $100-$500 Cleaning Fee Negligence and damage, including the use of silly string, to the unit could result in a $400-$1000 Repair Fee. If unit is not repairable a fee of $3500-$7000 could result. I hereby acknowledge, as witnessed by my signature on the reverse side of the page that a representative of Flip Flop Inflatables has presented all of the above referenced safety rules cited in this agreement. I further acknowledge by my signature that I understand each of these rules and agree to abide by them completely.

Inflatables and extras are rented for an all day rental. Character rentals are by the hour according to the appointment made. All day rentals are delivered between 7:00 am and 11:00 am and are picked upstarting at 6:00 pm - until.The first unit delivered is the first unit picked up and rentals are usually “on-site” for 8 hours. Please call to arrange any special request prior to booking. We will do our best to honor special request.

Inflatable Delivery Charges for Outside of Service Area     Please call for a specific quote for your location.   Deposits A deposit on the rental may be required. These deposits are non-refundable unless of inclement weather at which case Flip Flop Inflatables consider it unsafe for the lesees to rent such object.