Cost, Fees, and Payment

Slumberr requires a $200 non-refundable retainer that will secure your event date. You will recieve a invoice to pay the deposit and the remaining balance will be due 5 days before party.

If remaining balance mentioned above is not paid on mentioned due date, Slumberr will cancel agreement, and no longer hold desired event date.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Client understands and agrees that he or she is not allowed to add any decorative items such as but not limited to balloon garlands, removal vinyl, hooks, etc. If client would like to add decorative items it must be discussed and approved before.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider’s property. Personal use includes, but is not limited to, use within the following contexts:

In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.

Rental Agreement

We will not set up if there is face paint at your event.

This (ITEMS RENTED) has been received in good condition and will be returned in the same condition.

Customer agrees to allow (Slumberr) the right to enter premises of customer at any time to repossess said soft play equipment.

Photography and publicity release: Client agrees to allow Slumberr to photograph areas of the property and party while the work is completed, and Client’s name will not be referenced. Client agrees that Slumberr may reasonably advertise Slumberr services while present at the property.

Customer agrees to reimburse Slumberr for all attorney fees, an amount not less than 50% of all sums due, court cost and expenses incurred by Slumberr to enforce collection or to preserve or enforce rights under this contract.

Customer agrees not to loan, sublet, or otherwise dispose of soft play, equipment or use it at any other location.

If the soft play, equipment is lost, stolen, or damaged beyond repair, the customer agrees to pay up to $5000.00 (OR OTHER AMOUNT) (Five thousand dollars and 0 cents). If soft play and/or bouncy house equipment is damaged but repairable, the Customer agrees to pay up to $200 (OR OTHER AMOUNT) (Two hundred dollars and 0 cents) towards repair or excess cleaning fee.

Customer agrees to ensure that all users (and users’ guardians) of the rental go over and read all rules.

THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESSED OR IMPLIED. The person/s or organization renting this soft play, bouncy house, and/or bubble house Equipment from will be held responsible and liable for any and all damage or injury occurring for any reason whatsoever. I have read the above agreement and fully understand and accept the conditions as above. I am aware that while in my care I am fully responsible for the soft play and/or bouncy house equipment and will pay for any loss or damages that may occur.

Lessee understands and acknowledges that soft play, bouncy house, and/or Bubble house 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. Lessee agrees to indemnify and hold Slumberr harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless. Slumberr from injuries or damages incurred as a result of the use of the soft play, bouncy house, and/or bubble house equipment. Slumberr cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Slumberr from any loss, damage, theft or destruction of the soft play equipment during the term of the rental and any extensions thereof.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Cancellation, Rescheduling and Weather

Cancellation and Rescheduling of Services. For any reason (non-weather related) client needs to reschedule/cancel your reservation, please be sure to contact us as soon as possible at Slumberr. Cancellations are available (10) calendar days prior to the event and a full refund (not including the non-refundable deposit fee) will be refunded.

This does not apply if client books event within (5) days. If cancellation is less than (10) days, no refund will be available, however, a credit for use at a late date will be applied. This will be good for one year from the date of the original event date. Deposits are NON-Refundable. Unless Slumberr Cancels Your Event.

Weather

Slumberr does not set up in rain or If it is planning to rain during the duration of event. If client is not able to hold their party indoors, client can check for another date that Slumberr has available. If client is hosting an outdoor event, client assume ALL weather-related risks. Client should have a plan B or indoor location suitable for items rented. If it should rain, we will work with client on a solution before setting up.

If client does not want credit to use at a later date and client needs to reschedule or cancel event due to weather related events it must be done (7) days prior to event to receive full refund (not including the Deposit fee). Client will only receive 50% refund (not including the retainer fee) due to weather related circumstances if event is cancelled (2) days prior to your event. If cancellation is less than (2) calendar days, no refund will be available.

*Once Slumberr has fully set up all equipment and your event time has started, a refund WILL NOT be issued.

The client is responsible for suitable cover in the form of a canopy tent, or pavilion, (as the equipment will get hot in direct sunlight) if the event takes place outside. Suitable cover must be ready at the time of drop off. If no suitable cover is ready by the client at the time of drop off and the client does not have an option to do the event inside the event will be canceled and no refunds will be provided. A tarp will be provided, but outdoor ground must be flat, dry, and clear from glass, debris, and gravel. We do not set up on dirt.

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.

Appropriate Conduct/ Safe Working Environment.

Project:

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave if performing services on-location. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, the [Provider] will immediately leave the project. If the [Provider] leaves the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete project coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full.

Soft Play Rules

It is the responsibility of the Client(s) or organization hiring Slumberr to ensure that all possible precautions are taken to avoid injury to people or damage to the soft play, bouncy house, and/or bubble house equipment. Please ensure the following safety instructions are followed:

1. NO food, drink or chewing gum on or around the soft play. This will avoid any accidental risks and keep the equipment clean. (Please note if the equipment is collected in dirty condition then the person hiring it will incur a cleaning charge.)

2. All shoes, jewelry, loose objects in pockets, and badges MUST be removed before entering the soft play, bouncy house, and/or bubble house area to avoid injury to people using the equipment and harm to the equipment.

3. NO face paint (i.e., glitter, slime, face paint etc.), party poppers, colored streamers, or silly string to be used either on or near the soft play, bouncy house, and/or bubble house. (Please note these products will cause damage to the equipment that cannot be repaired. If equipment is collected with these items then the person hiring will incur a cleaning fee charge of ($500 or more depending on the damage). If irreparable damage is done then outline #6 under agreement will be charged.)

4. Slumberr is not responsible for striking or damaging any underground utility lines/devices (included but not limited to: electrical, plumbing, sprinkler, etc.). It is lessee’s responsibility to tell Slumberr where equipment is to be set up and to have any underground utility lines marked prior too.

5. Climbing, hanging or sitting on safety gates is dangerous and must not be allowed.

6. A responsible adult must supervise the soft play equipment at all times.

7. Ensure children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.

8. NO pets, outside toys, or any type sharp instruments in the soft play, bouncy house, and/or bubble house area at any time.

9. Please ensure that children are not attempting somersaults in the equipment area.

Bounce House Rules

Participants no more than 250 lbs are allowed to use the Inflatable.
No food, drink or chewing gum on or around the Inflatable. This will avoid a choking risk and keep the unit clean. (Please note if the Inflatable is collected in a dirty condition then the person hiring it will incur a cleaning charge)
Shoes, glasses, jewelry, and badges MUST be removed before using the inflatable to avoid injury to peoples using the equipment and harm to the Inflatable.
No face paints, party poppers, colored streamers or silly string to be used either on or near the Inflatable. (Please note these products will cause damage to the Inflatable that cannot be repaired)
NO smoking on or around the Inflatable
NO barbeques around the Inflatable
Climbing, hanging or sitting on walls is dangerous and must not be allowed.
A responsible Adult must supervise the inflatable at all times.
Always ensure that the Inflatable is not overcrowded, and limit numbers according to the age and size of Children using it. Try to avoid large and small Children from using it at the same time.
Ensure Children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.
No pets, toys or sharp instruments on the inflatable at anytime.
Do not allow anyone to be on the inflatable equipment during inflation or deflation as this is DANGEROUS.
Please ensure that Children are not attempting somersaults and are clothed appropriately and that nothing can fall out of their pockets.
In the event that the blower stops working, please ensure all users get off the inflatable immediately and calmly. Check the fuses and make sure the blower tube or deflation tube has not come undone or something has not blown onto and is obstructing the blower. In the event that it overheats, or loses power, switch the blower off at the mains, then switch it back on again 1 or 2 minutes later, and it should restart. If it does not, inform us immediately.
This contract and agreement shall be in accordance with and governed by the laws of the State of Florida. And if, in fact lawsuit is brought, it shall be filed in the Polk County, State of Florida.
Maximum Weight of each group that should play in the bouncer at one time is: For 13 x13 bouncers, Maximum weight of 800 LBS; For 15 x 15 bouncers, Maximum weight of 900 LBS; For slide maximum weight under 250 LBS
The MOST IMPORTANT RULE: DO NOT let children play on the inflatable without Adult supervision. Adult supervision is necessary to enforce these rules for safe operation of the inflatable and children.
lease keep inflatable inflated one hour before pick up.

Liability Disclaimer

This rental equipment has been received in good condition and will be returned in the same condition (ordinary wear and tear accepted)
Customer assumes all responsibility for injuries to persons or damages to property, and agrees to hold Slumberr harmless for any and all claims, damages, losses and expenses, directly, indirectly or consequently arising out of any or all injuries, of any kind, that occur during the rental period, when the Bounce House or Rental Machine is in the possession of the customer/lessee.
Customer grants the company right to enter premises of customer at anytime to repossess said equipment.
Customer agrees not to loan, sublet or otherwise dispose of equipment or use it at any other location.
Customer agrees to pay in full the replacement cost, including labor, for all damages to rental equipment.
For any and all litigation or arbitration, arising out of this agreement, Slumberr, shall be entitled to recover all cost incurred, including reasonable attorney’s fees. If the inflatable equipment is lost, stolen, or damaged beyond repair the renter agrees to pay $2,000.00(Two thousand dollars and 0 cents).

THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESSED OR IMPLIED.

The person/s or organization renting this Inflatable equipment will be held responsible and liable for any and all damage Or injury occurring for any reason whatsoever. I have read the above agreement and fully understand and accept the Conditions as above. I am aware that while in my care I am fully responsible for the inflatable and will pay for any loss or Damages that may occur.

By signing below you agree to follow all rules stated above for the equipment you are renting. Furthermore you agree to terms laid out in the liability disclaimer section.

Slumberr’s Soft Play/Bounce House Contract