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Fun Services of KC | Invoice: 19002773 Order Date: 9/5/2023 |
Event Location Fun Services
| Start Date: 9/8/2023 9:00am
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Contract and Terms
This contract is made and entered into by , (hereafter referred to as “customer”), and Fun Services of KC LLC, and it mutually agreed that the contract shall be subject to the information on this contract.
DEPOSIT: Payment towards this contract assumes agreement with the terms and details in this contract even if the contract is not explicitly signed. A non-refundable, 50% deposit of
0.00
shall be remitted to and in the name of Fun Services of KC at 7803 Meadow View Dr Shawnee, KS 66227, upon signing of this contract. Price includes cost 575.00 and sales tax 56.35, totaling 647.68. When booking any equipment with Fun Services more than 6 months in advance a 50% deposit is required 30 days after reservation is made. If no deposit is received after 30 days AND Fun Services receives a request for equipment of your reservation, you will be given 3 business days to pay your 50% deposit (50% of entire amount owed), if no deposit is received Fun Services reserves the right to remove equipment from your order. The rental fee of 647.68 is payable in full in advance and all of customer’s obligations of this rental agreement shall run from actual delivery of the rental equipment to the actual pick up of the rental equipment by Fun Services. There are no refunds for convenience fee or processing fees. If the equipment is delivered by Fun Services and accepted by customer, the customer shall not be entitled to any refunds whatsoever, even if customer elects not to use the equipment due to weather or other causes, unless equipment is faulty. Faulty equipment must be reported DURING the event, not afterwards, in order to qualify for a partial or full refund. No refunds for any equipment that does not fit at your event site. Any remaining balance is due to Fun Services of KC upon delivery. Fun Services reserves the right to refuse set-up if payment is not made prior to event. If this payment is not available at time of event, arrangements need to be made in advance with Sales Representative. All orders require a credit card on file if 100% of amount due is not paid before delivery. agrees any balance due will be charged to this credit card on the next business day is full balance is not paid. All discounts will be removed if payment in FULL if not made on the day of the event.
EQUIPMENT PROBLEMS / INFLATABLES: Should any equipment develop a problem, or does not function correctly at any time, or customer does not understand the operating instructions, customer agrees to immediately cease use of that equipment. In particular, if the inflatable unit begins to deflate, customers will immediately have the riders exit the unit, and then check for one 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 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 inflate the unit prior to permitting anyone to use the unit. 4) If you cannot correct the problem, call our office immediately at 913-441-9200. An extra charge is applied for deliveries with set up requiring stairs, elevators, and long distances over 50' from the truck. If customer is not present at time of delivery and/or pick-up, equipment count is deemed correct and in good working order.
SAFETY / OPERATING INSTRUCTIONS / INSURANCE: In addition to the information set forth in this agreement, the customer acknowledges that there are safety and operating instructions printed on the side of some equipment delivered, or on nearby provided signage, 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 if Fun Services has not agreed to provide any operators for the rental equipment in this contract, that customer, is solely responsible for the correct and safe operation of this equipment. Customer understands that children’s safety depends upon customer providing AT ALL TIMES correct operations, supervision of and the use of the equipment. Customer further agrees to keep ALL equipment away from swimming pools, and customer understands and agrees that they will not operate any electrical equipment within 25' of water. By entering into this agreement, customer acknowledges that there is a risk of injury or damage arising out 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 instructions from customer on the safe operation and use of the equipment, nor shall customer allow any persons to use or operate the equipment when it is in need of repair, or it is in an unsafe condition or situation. Fun Services carries proper insurance for all employees, vehicles, and equipment.
CANCELLATION / INCLEMENT WEATHER POLICY: If event is cancelled outside of 30 days from the start date of the event, the 50% deposit will be refunded, upon customer’s request. Otherwise it will be applied to a future event within 12 months of the cancelled event. If event is cancelled, for any reason, within 30 days of the event, deposit cannot be refunded but will be applied to a future event within 12 months. In case of a cancellation due to rain or inclement weather, please call Fun Services of KC by 9PM the evening before your scheduled delivery day so that we can cancel the delivery of your rental and save you the delivery / service charge. Although we work with you to deliver at a convenient time, delivery times are at our discretion. It is your responsibility to call us for delivery times for your event. Events beyond 60 miles from either Fun Services location, you are required to communicate with your sales representative to determine when Fun Services is leaving our location to deliver your event. Customer must cancel before Fun Services leaves its location. If customer does not cancel, payment is due in full and no refunds or credits will be applied. If delivery drivers, entertainers, or other Fun Services Representatives arrive to your event and are sent away due to cancellation, and haven’t been told to set up yet, or haven’t begun to unload the equipment, then deposit will not be credited (no additional balance will be due on the event). If Fun Services employees are told to set up and begin to unload vehicle, full payment is due for the event. Entertainers are reserved for your event when you book them. So, if an entertainer is cancelled within 14 days of your event, up to a full fee for that entertainer may be charged, in most cases 50% of the fee will be charged. Fun Services reserves the right to not set up if payment, in full, has not been made prior to the event. Any organization or customer that refuses to pay a deposit, organization or customer will agree to pay a 50% fee of the entire invoice amount if event is cancelled within 36 hours of scheduled delivery time. Any other special cancellation provisions are at the determination of Fun Services Management and Owner. All credits are only good for Fun Services owned equipment Credits cannot be used towards vendor items or staffing. On Ultimate Carnivals, we reserve the right at any time to change, add, or cancel equipment for any reason without penalty to event payment. When picking up rented equipment from Fun Services payment is due in full at time of pick up. Fun Services will not refund any money for loss of use due to weather or any other condition unrelated to malfunction of equipment rented from Fun Services.
COLLECTION PROCEDURES: Accounts should be paid in full prior to event. Invoices will be sent up to 30 days past event date but a service charge of $25 or 1.5% of the amount owed (whichever is greater) will be added every month until the account is paid in full. If account goes over 30 days past due, Fun Services has the right to turn your bill over to collections. agrees to pay any additional fees associated with collection (40%-50%) above the amount due to allow Fun Services to pay its collection agency. 30 days after bill is sent to collections, if undisputed, it will be attached to credit report. Participant/renter expressly agrees to abide by all temporary regulations issued by state, local or federal authorities relative Covid 19, social distancing and mandatory face covering. Use of any equipment in a manner and/or conduct that runs contrary to any regulation is forbidden by Fun Services of KC and disavowed by and their insurers”________(initial)
IMPORTANT INFORMATION:
Name of Contact:___________________________________Cellphone (816) 522-3435
Surface for set up: Grass - Allow Stakes
Removal of center post required for indoor inflatable deliveries
CUSTOMER/ORGANIZATION IS RESPONSIBLE FOR ELECTRICITY TO EACH ATTRACTION UNLESS GENERATORS RENTED FROM FUN SERVICES ARE USED TO POWER RENTED EQUIPMENT FROM FUN SERVICES. EACH FAN REQUIRES 20 AMPS. POWER MUST BE WITHIN 80 FEET OF EACH ATTRACTION. FAILURE TO DO SO WILL RESULT IN OUR INABILITY TO SET UP THE ATTRACTION.
CUSTOMER/ORGANIZATION MUST PROVIDE PROPER ADULT SUPERVISION AT ALL TIMES DURING EVENT FOR ALL ITEMS IN THIS CONTRACT UNLESS FUN SERVICES IS CONTRACTED TO PROVIDE LABOR.
TAX EXEMPT # Non-profit organization, please apply tax id number __________________________________, and waive taxes. Please email copy to your sales representative .
LEASE AND LIABILITY CONTRACT
Lessor: Wonderland Miracle Carnival Company, Inc.; DBA: Fun Services of K.C., LLC
Lessee: Brooke
1. Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear.
2. Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees or third parties. Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to falling, slipping, crashing and colliding.
3. Lessee agrees to release, forever discharge and hold harmless Lessor for any injuries, damages or claims that result from Lessee’s negligence; including any injuries, claims or damages asserted by Lessee’s guests, invitees or third parties.
4. Lessee agrees to supervise both the Leased Equipment and its use at all times the Leased Equipment is in the possession of Lessee, if hired to do so. Otherwise, Lessee agrees to have an adult supervisor with each unit, as instructed by Lessor. Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided to Lessee by Lessor.
5. Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself. Lessee must advise management of Lessor of any injury or accident at an event within 72 hours of occurrence in order for insurance to handle the matter.
6. Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it. Lessee further agrees not to disassemble or uninstall the Leased Equipment or to assemble or install the Leased Equipment.
7. Lessee grants Lessor right to enter Lessee’s property for the delivery, pick-up or repossession of the Leased Equipment. Lessee agrees not to loan, sublet or otherwise dispose of the Leased Equipment.
8. In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Kansas, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9. Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
10. Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.
mike@funservicesmw.com |
I AGREE TO THE TERMS OF THIS CONTRACT, EVEN IF I HAVE CHOSEN NOT TO READ THE CONTENTS.
108.147.176.68 on 9/8/2023 | 9/8/2023 | |
Signature |
| Date |
Brooke Runnion | ||
Printed Name |