TERMS AND CONDITIONS OF RENTAL CONTRACT

ALL PAYMENTS ARE NON-REFUNDABLE. RAIN POLICY: In the event of bad weather we can credit your payment toward another rental within one year of your booking date. To receive this credit, simply contact Nashville Bounce at least 12 hours before your items are to be delivered. Once the delivery crew arrives on site we will not provide any credit, and you must move forward with the rental. Changing the booking date or cancelling for any reason other than bad weather will result in the loss of your credit. If you wish to reschedule for reasons other than bad weather, we charge a rescheduling fee of $75.00


CLEANING/REPAIR FEES: 
Candy/food/drinks removal/cleaning is $100 
Silly string removal/cleaning is $500

 DAMAGE FEES: 
Damages to the inflatable from sharp objects, dogs, fireworks will result in a $1000 fee.

DELIVERY/CLEARANCE REQUIREMENTS: Gates and Doorways must be at least 42" wide. We will need a clear path (about 42" wide) from where the truck is parked to where you want the items set up. We cannot move rental items up or downstairs or steep inclines. We reserve the right to cancel your reservation if we cannot safely access the installation site. 
 All inflatables require electrical power. (Just a regular power outlet.) We will provide 100 feet of extension cord. Generator rentals are $95, and perfect for locations that do not have power.** PARKS: There is a $95 processing fee to provide Insurance for local Parks and for each additional insured added to our policy.

If there is no power available, you are required to rent a generator.

RULES AND SAFETY PROCEDURES: • Play at your own risk • Socks must be worn at all times • No shoes, sneakers, flips flops, or sandals • No food, candy, gum, or beverages inside the inflatable • No pushing, shoving, wrestling, horseplay • Do not allow players of different sizes to play at the same times • All sharp objects must be removed before play (Including pens, pencils, jewelry, knives, eyeglasses, etc.) • Do not enter the inflatable if you know or suspect you may be pregnant, have high blood pressure, heart, neck or back problems, motion sickness, recent surgery, or any other medical condition that may be affected by the features of our inflatables. • Under no circumstances is climbing on the exterior of the inflatable allowed • On slides, children should go down slide feet first ONLY, one rider at a time for each lane • In the event of high winds or storms, the blower and the extension cord is to be unplugged from the power source I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS Nashville Bounce LLC, their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees), injuries (including disabilities, paralysis, and death) and expenses arising out of or resulting from voluntary attendance/participation on or in equipment rented from Nashville Bounce LLC.

For good and valuable consideration, you and Nashville Bounce Co., a Tennessee limited liability company, d/b/a “Nashville Bounce Co./ NASHVILLE BOUNCE, LLC”

1. Definitions: As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” and/or safety equipment provided per the terms of Section [or “§”] 5 below); “Site” means the delivery and/or use address for the Rented Item(s), as set forth on P.1; “Customer,” “Lessee,” “you” and “your” mean the “Customer” or “Lessee” identified on P.1; and “Lessor,” “we,” “us” and “our” mean Nashville Bounce Co.

2. Rental: You agree to rent the Rented Item(s) from Nashville Bounce Co. for the period(s) specified on P.1 (the “Term”), and to pay our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff, until the Rented Item(s) is/are returned to and accepted by Nashville Bounce Co. in the return condition required under §§ 4 and 7 below. Except with respect to Items we rent from one or more third-party(ies) (each, a “TPO”) and then re- rent to you (“Re-Rented Items”), Nashville Bounce Co. will retain the sole and exclusive title to the Rented Item(s) at all times. Your only right with respect to such Item(s) (including Re-Rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item(s). You SHALL NOT move, loan, transfer, sublease or assign any Item(s) or this Contract without our prior written consent. Nashville Bounce Co. may sell and/or assign all or any part of its interests in the Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of Nashville Bounce Co. or any TPO.

3. Rent: We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay Nashville Bounce Co: (i) the Estimated Rent, together with any deposit specified on P.1 (or if none, 100% of the Estimated Rent) in advance (the “Prepayment”); and (ii) any additional amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; and (iv) all Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed abandoned. Unless otherwise specifically agreed by Nashville Bounce Co., you are permitted to make only normal use of the Rented Item(s) on a single-event basis. Additional amounts will be due for late return(s), misuse and abuse. The Rent will not be reduced for weather delays or any other period(s) of nonuse.

4. Delivery and Use: You will ensure the Site is fit for delivery and use of the Rented Item(s). You agree to: (a) pay our charge(s) for delivery, setup, installation and retrieval, as well as for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site at all times. We will not be responsible for delay(s) caused by any other parties, including providers of goods or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless Nashville Bounce Co. You agree to accept full responsibility for all Item(s) for the duration of the Term, and if you are not present upon delivery and/or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including status, condition, quality, freedom from defects and quantity(ies) of the Rented Item(s) and the Site).

5. Inspection and Instructions: Upon your receipt of the Item(s), unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item; (i) is complete, in good repair and condition, free of defects, properly functioning, and in all ways acceptable to you; (ii) is appropriate for your purposes; and (iii) was selected (not based on any recommendation by Nashville Bounce Co.), carefully examined and tested by you or your agent(s); and (b) you; (i) have carefully reviewed all laws, rules, regulations, training materials, instructions, manuals and other information (including without limitation, all EPA, OSHA, NFPA, IFC, IBC, ASSE, ASME, IEEE and ANSI Standards) pertaining to such Item(s) (“Instructions”); (ii) will fully comply therewith; (iii) will use each Item only for its intended purpose, in a reasonable and safe manner; (iv) will timely give any required notice(s) to, and obtain all necessary licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to dig or disturb the ground surface (call 811 or 800-351-1111, and go to www.tennessee811.com, at least 3 full business days in advance); (v) will ensure all underground utilities are properly marked before driving stakes or disturbing the ground surface (see below); (vi) will immediately cease using any Item that malfunctions or proves defective (a “Malfunction”); (vii) will post in a conspicuous place an OSHA-COMPLIANT EVACUATION PLAN for all Temporary Structures; (viii) WILL ENSURE THAT ALL CHILDREN IN, ON OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT; and (ix) will ensure that all others comply with this Section, at all times.

6. Malfunctions: In the event of a Malfunction (as defined in § 5), you agree to immediately cease using and evacuate the Malfunctioning Item and notify Nashville Bounce Co. Provided the Malfunction did not result from any wrongful or negligent act or omission of, or any breach of this Contract by, you or anyone you permit to use or otherwise deal with any Rented Item(s), we will, at our option: (a) repair such Item; (b) provide you with a comparable item; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligations regarding Malfunctions, all of which you waive, together with all related incidental and consequential damages.

7. Care and Protection: You agree to protect each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to Nashville Bounce Co. on time, free of dirt, damage, burns, stains, mold, mildew and debris, and otherwise in good order, condition and repair. If you fail to do so, you will pay us: (a) Rent for each succeeding full rental period until all Item(s) has/have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You will ensure that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) at the Site; and (d) in full compliance with the Instructions and all applicable laws, rules, regulations and insurance policies at all times. You will not, nor will you permit anyone else to: (i) use heat sources or open flames in, under or near any Rented Item(s); (ii) abuse, misuse, overuse, remove from the Site, conceal, modify, dismantle or damage any such Item(s); (iii) reposition any Rented Item(s) (or any means of securement therefor, including lines and stakes); or (iv) take possession of or exercise control over any Rented Item(s), without our prior written consent (in our sole discretion). YOU AGREE NOT TO STORE, FOLD OR PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. STORING, FOLDING AND/OR PACKING WET OR DAMP RENTED ITEMS MAY RESULT IN MOLD AND/OR MILDEW, FOR WHICH YOU WILL BE LIABLE.

8. WARNINGS: (A) TENTS AND INFLATABLES (“TEMPORARY STRUCTURES”) CAN BE DANGEROUS. EXERCISE EXTREME CARE AND ENSURE THAT ONLY PROPERLY QUALIFIED, INSTRUCTED, AND IF APPLICABLE, LICENSED, INDIVIDUALS USE AND/OR OTHERWISE DEAL WITH SUCH ITEM(S); (B) TEMPORARY STRUCTURES MAY MOVE, LEAK, COLLAPSE, OVERTURN OR CATCH FIRE, PARTICULARLY DURING SEVERE WEATHER (e.g., heavy rain, snow, hail, and winds over 25 mph). If severe weather occurs or threatens, you agree to: (a) cause all persons to DISCONTINUE USING AND EVACUATE such Item(s); (b) protect such Item(s) and its/their contents; and (c) permit us to delay delivery, installation and/or use of, or dismantle and/or retrieve, any or all of such Item(s), without obligating us to do so.

9. NO WARRANTIES: ALL ITEM(S) ARE PROVIDED “AS-IS.” NEITHER NASHVILLE BOUNCE, LLC NOR ANY TPO MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(IES) ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED IN THIS CONTRACT, NOR DOES NASHVILLE BOUNCE' LLC. NO WARRANTIES: ALL ITEM(S) ARE PROVIDED “AS-IS.” NEITHER NASHVILLE BOUNCE, LLC NOR ANY TPO MAKES ANY REPRESENTATION OR WARRANTY,\nEXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL\nAS ANY WARRANTY(IES) ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY\nITEM(S) OR SERVICE(S) REFERENCED IN THIS CONTRACT, NOR DOES NASHVILLE BOUNCE, LLC OR ANY TPO MAKE ANY WARRANTY AGAINST\nINTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO PICTURES, ADVERTISEMENTS, DESCRIPTIONS OR\nSPECIFICATIONS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY NASHVILLE BOUNCE, LLC OR ANY TPO. OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO PICTURES, ADVERTISEMENTS, DESCRIPTIONS OR SPECIFICATIONS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY NASHVILLE BOUNCE, LLC OR ANY TPO.

10. INDEMNITY/HOLD HARMLESS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF INJURY, LOSS, DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, INSTALLATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, DELIVERY AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NASHVILLE BOUNCE, LLC, EACH TPO, and their respective owners, shareholders, officers, members, managers, directors, agents, employees, insurers, representatives, subrogees, successors and assigns (the “Indemnities”), for, from and against all such risks (including without limitation, attorneys’ fees and expenses) as well as your breach of this Contract; and (C) WAIVE all rights, claims and defenses under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, special, exemplary and punitive damages, against each of the Indemnities.

11. Defaults and Remedies: Your duties hereunder are unconditional. If you or any guarantor: (a) fail to fully and timely comply with any of the terms of this Contract; (b) provide any incorrect or misleading information to Nashville Bounce Co; (c) become insolvent or declare bankruptcy; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost, damaged or destroyed, you will be in default under this Contract, whereupon, we may, without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental; (ii) seek relief from stay; (iii) recover, empty, lock and/or disable any one or more Rented Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless Nashville Bounce Co.); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Items; (vi) recover from you and/or any guarantor, jointly and severally, our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.

12. Miscellaneous: You agree to maintain any and all insurance we may require (including liability insurance with minimum limits of $1,000,000, and property damage/ inland marine insurance for the full (new) replacement value of all Rented Item(s). You hereby grant us a perpetual, paid-up, royalty-free license to create, edit, copy, display and distribute all audio and visual representations which include any Rented Item(s). This Contract cannot be further amended or extended except in a writing signed by Nashville Bounce Co.. If Nashville Bounce Co. commences legal action to enforce this Contract, Nashville Bounce Co. will be entitled to recover its costs and expenses associated therewith (including attorneys’ fees and expenses) from you and/or any guarantor if Nashville Bounce Co. prevails. Time is of the essence. We may, without notice or liability to you, monitor and/or inspect any Rented Item(s) at any time. If any performance required of us is impaired as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” (e.g., any event, fact or circumstance beyond Nashville Bounce Co’s reasonable control), we will be excused from such performance. You waive all statutes of limitations as to our rights and remedies. You authorize us to charge all amounts due and coming due hereunder to any debit and/or credit card(s) you provide. All amounts due from you hereunder but not timely paid will bear interest at the highest rate permitted under applicable law until paid. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability to you under this Contract is limited to the amount(s) actually paid by you to us hereunder. You agree to pay all taxes (including all sales and use taxes), fines, fees, duties, assessments and other charges related to each Item.

13. Interpretation: This Contract, together with our Temporary Structures Addendum and Safety Rules (both of which are incorporated herein), represent the entire agreement between you and Nashville Bounce Co., superseding all other agreements and representations, as well as our website and advertising. The terms of this Contract are severable. If any of the terms of this Contract shall be deemed invalid or unenforceable by any court of competent jurisdiction, such term(s) will be deleted, and the remaining terms will continue in full force and effect. These Terms and Conditions will apply not only to the Item(s) identified on P.1, but also to all other Items you obtain from Nashville Bounce Co. at any time (unless otherwise separately agreed in writing by Nashville Bounce Co.). Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies will constitute an election of remedies or a waiver of any right or remedy we may have. You acknowledge that: (i) this Contract: (A) is fair and reasonable under the circumstances; and (B) shall be interpreted under the laws of the State of Tennessee; and (ii) proper venue for all civil legal proceedings commenced in connection with this Contract shall lie solely in the federal, state and local courts located in or nearest to the County in which the Nashville Bounce Co. facility from which you obtained the Rented Item(s) is located (unless waived by Nashville Bounce Co.). You consent and submit to such jurisdiction and venue and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials appearing on this Contract and/or the above referenced Temporary Structures Addendum and/or Safety Rules will be deemed originals.

14. Warning: (1) Obtaining services by deception, fraud, coercion, false pretense or any other meanstoavoidpayment; (2)knowinglydivertingthoseservicestoone’sownbenefitortothebenefit of another not entitled thereto; or (3) knowingly absconding from establishments where compensation for services is ordinarily paid immediately upon the rendering, may be deemed THEFT, resulting in CRIMINAL PROSECUTION AND/OR CIVIL PENALTY(IES). See TCA § 39-14-104, et seq. for details. LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE.. All charges due and coming due hereunder are subject to FINAL AUDIT by Nashville Bounce Co. By Signing Below, you irrevocably and unconditionally authorize Nashville Bounce Co. to charge all amounts due and coming due under this Rental Contract to any and all debit or credit card(s) YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND THOROUGHLY INSPECTED EACH OF THE RENTED ITEM(S), ALL OF WHICH ARE COMPLETE AND IN GOOD ORDER, CONDITION AND REPAIR, PROPERLY FUNCTIONING, AND OTHERWISE IN ALL WAYS ACCEPTABLE TO YOU. This is a legally binding Contract. Important Terms and Conditions appear on the Reverse Side or Page 1 hereof, As wells on our forms of Temporary Structures. Addendum and Safety Rules (all of which are incorporated into this Contract). ANY DIFFERENT OR ADDITIONAL TERMS, WHETHER ORAL OR WRITTEN, ARE HEREBY OBJECTED TO, AND SHALL NOT BE ENFORCEABLE UNLESS SEPARATELY APPROVED IN WRITING BY NASHVILLE BOUNCE CO.

Location

41 Peabody St, Nashville, TN 37210
*Visit by appointment only*

Hours

8am-8pm Everyday!

Contact

Hello@NashvilleBounceCompany.com

(615) 500-2306

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Cheatham County, Tennessee

Davidson County, Tennessee

Robertson County, Tennessee

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