Release of Liability, Assumption of Risk, and Indemnification Agreement
1. RELEASE OF LIABILITY. In consideration of renting items (“Property”) from Jumpinjohns Moonwalks, the below signed Lessee(s) (collectively “Lessee”) acknowledge and agrees for themselves, heirs, executors, administrators, personal representatives, next of kin, and assigns, and do hereby RELEASE, WAIVE, DI
CHARGE, WILL NOT HOLD LIABLE, AND COVENANT NOT TO SUE Jumpinjohns Moonwalks, its officers, agents, and employees from any and all actions, causes of action, expressly including negligence, claims, demands, costs, or damages arising from or resulting from property damages, personal injuries, or death sustained by Lessee, those Lessee authorizes to use the Property, or Lessee’s property while the Property is under Lessee’s control, care, or custody, regardless of the sole, joint, or concurrent negligence, negligence per se, gross negligence, strict liability, regulatory or statutory liability, tort theory, act, omission, fault, or failure to act by Jumpinjohns Moonwalks, its officers, agents, and employees in any capacity.
2. ASSUMPTION OF RISK. Lessee elects to voluntary enter into this Agreement knowing that certain risk of harm are or may be inherent in the various activities contemplated herein while renting and using the Property and that the use may be hazardous to Lessee, those Lessee authorizes to use the Property, and Lessee’s property. Lessee VOLUNTARILY ASSUES FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by Lessee, those Lessee authorizes to use the Property, or any loss or damage to Lessee’s property, as a result of being engaged in use of the Property, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. INDEMNIFICATION. Lessee further agrees, binding on Lessee’s heirs, executors, administrators, personal representatives, next of kin, and assigns, to INDEMNIFY AND HOLD HARMLESS Jumpinjohns Moonwalks, its officers, agents, and employees from any liability action, claim, damage, award, or judgment incurred or suffered by Lessee or individuals as a result of any act or omission by Lessee or caused in whole or in part by Lessee while the Property is under Lessee’s control, care, or custody whether or not also caused in part by a person indemnified hereunder.
4. INTENT TO BE BINDING. It is Lessee’s express intent that this Release of Liability, Assumption of Risk, and Indemnification Agreement shall bind the members of Lessee’s family and spouse, if Lessee is alive, and Lessee’s heirs, assigns and personal representative, if Lessee is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE Jumpinjohns Moonwalks. Lessee further agrees that this Agreement shall be construed in accordance with the laws of the State of Texas.
5. CONDITIONS OF RENTAL. Jumpinjohns Moonwalks Property can only be safely used under specific conditions. Lessee agrees to only use Jumpinjohns Moonwalks Property in the ways directed by Jumpinjohns Moonwalks. A power outlet must be located within 50 feet of the Property. Customer expressly grants Jumpinjohns Moonwalks permission to use 1.5 ft. stakes to secure the Property to the ground. Lessee agrees to not hold Jumpinjohns Moonwalks responsible for any pipes or other items damaged while anchoring the Property. Property can weigh approximately 350 pounds and can only be safely used on a clear, level, grassy surface. Jumpinjohns Moonwalks reserves the right to cancel due to large hills, stairs, slopes, or uneven terrain. Lessee agrees to assume full responsibility for the safe use and operation of the Property for the entire time that the Property is under Lessee’s care, custody, or control. Lessee warrants and represents that Lessee will AT ALL TIMES SUPERVISE the safe use and operation of the Property, and shall not exceed the designated capacity. Capacity is 6-8 jumpers ages 3-4 or 4-5 jumpers ages 5-7 or 3-4 jumpers age 8-10 or 2-3 jumpers ages 11-16. People ages 17 and up shall not use Jumpinjohns Moonwalks property. No somersaults, rough housing or flips are allowed. No shoes, food, drinks, sharp objects, silly string or confetti are allowed in or around the Property. If the Property begins to deflate, evacuate the unit immediately. Check power cord connections and make sure nothing else is plugged into the outlet. Check that the breaker is on and have an adult check for blockage of the air intake outside the motor. Also check the tubes for snugness and tighten ties if necessary. No refunds or rain checks after rental equipment is delivered and accepted. If winds exceed 15 mph, it is considered severe weather. In case of severe weather, evacuate and deflate the property. When the severe weather has passed you may re-inflate and re-enter after drying the inside with towels.
6. DAMAGES OR LOSS. Lessee agrees to be responsible for the cost of repairs or replacement if the Property is lost, stolen, or damaged while in the Lessee’s care, custody or control.
7. NO WARRANTIES OR REPRESENTATION. Jumpinjohns Moonwalks makes no warranties or representations, expressed or implied, about the safety of the property leased to Lessee.
8. NO WAIVER. Nothing in this Agreement shall be constitute a waiver by Jumpinjohns Moonwalks, its officers, agents, and employees of any causes of actions or any defenses provided by
9. ENTIRE AGREEMENT AND SEVERABILITY. This document contains the entire agreement regarding the Liability, Assumption of Risk, and Indemnification. It is intended to be as broad and inclusive as permitted by the laws of the State of Texas. If any portion of it is held to be invalid, unenforceable, or illegal in any respect, such provision shall be fully severable, and the remainder of this Agreement shall remain valid and in full force and effect.
IN SIGNING THIS RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE, I ACKNOWLEDGE AND REPRESENT that I have read the foregoing RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by the same.