TERMS AND CONDITIONS
WARNING: Article 31.04 of the Texas Penal Code provides that failure to return personal property under a rental contract within ten (10) days of due date after receiving notice demanding return is a prima facie evidence of theft of service.
TX Backyard Entertainment LLC, hereby rents to the Client, identified by your signature on the reverse page of this contract, the Rental Items described in this contract, subject to all terms and conditions on each page of this contract, and the CLIENT, in consideration thereof, acknowledges that CLIENT has read these terms and conditions and agrees as follows:
- The CLIENT certifies and acknowledges receipt from TX Backyard Entertainment LLC the Rental Items listed and identified in this contract during the time period listed herein. CLIENT’S right of possession terminates on the expiration of the rental period and retention or possession after this time constitutes a material breach of this contract. Time is of the essence of this contract. If all of the rental items are not returned within the time listed in this contract, there will be late fees added to the final bill. Late fees will be added to the CLIENT’S invoice equal to the maximum rate allowed by law in the State of Texas. Unpaid accounts receivable will also accrue interest at the maximum rate allowed by Texas law. CLIENT agrees and specifically authorizes TX Backyard Entertainment LLC to charge the CLIENT’S credit card for any such charges.
- Rental Items are to be used by the CLIENT at the address listed in this contract for the stated period of time. The Rental Items are to be used solely for the purposes for which the Rental Items are manufactured and intended. The cost of unused Rental Items are not refundable.
- a. RENTAL CANCELLATIONS, FOR ANY REASON (INCLUDING WEATHER): TX Backyard Entertainment LLC If CLIENT decides to cancel rental order or weather prohibits installation of any Rental Items we do not issue refunds for any reason but will hold your funds as a raincheck which is valid for 1 year to be used at anytime CLIENT wishes, starting the day after CLIENT'S original event date. All deposits are NON-Refundable.
- CLIENT has personally inspected the Rental Items and found them to be in a good working order and unbroken condition when received and suitable for the CLIENT’S intended use.
- CLIENT assumes all risks of loss and agrees to hold TX Backyard Entertainment LLC harmless from property damage and personal injuries caused by the Rental Items and/or arising from CLIENT negligence. CLIENT also acknowledges that there are 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. Client further acknowledges and understands that TX Backyard Entertainment LLC has not agreed to nor have they provided any operators with this rented equipment, and the client, is solely responsible for the correct and safe operation of this equipment. Client further agrees to keep all equipment away from swimming pool(s) and any water supply and client understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Client 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. Conditions which prevent safe operation of Rental Items shall relieve the CLIENT of responsibility for rental charges. TX Backyard Entertainment LLC inspects and maintains the Rental Items but these items may show signs of normal wear and tear.
- General Release/indemnity/Hold Harmless: CLIENT will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. CLIENT acknowledges that they are in charge of the operation, installation and use of the Rental Equipment, and are fully responsible for its safe operation and installation as well as the return of the Rental Equipment in good working order. CLIENT acknowledges and agrees that TX Backyard Entertainment LLC is not responsible for any injury occurring to CLIENT, or any guests of Client or to any other persons using the Rental Equipment, or to any claims by any other person(s) injured by or on account of the Rental Equipment, while the equipment is in the possession of the CLIENT. CLIENT agrees to defend, indemnify and hold harmless the TX Backyard Entertainment LLC from and against any and all liability, claims, judgments, attorneys fees, and costs, of every kind and nature, including, but not limited to, injuries or death to persons and/or damage to property, whether or not such claimant is known or unknown to CLIENT, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Rental Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Rental Equipment is in the actual or constructive possession of CLIENT. These General Release, indemnity and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of the negligence, whether active or passive, of TX Backyard Entertainment LLC or TX Backyard Entertainment LLC’S suppliers, agents, employees, contractors, drivers or installers. CLIENT further acknowledges that TX Backyard Entertainment LLC is not a food supplier or handler, and that any food related items, such as popcorn, sno cone syrup, or cotton candy which may be supplied with the Rental Equipment, is a straight pass through by TX Backyard Entertainment LLC to CLIENT. Since this additional service is provided to CLIENT as a courtesy by TX Backyard Entertainment LLC and so long as TX Backyard Entertainment LLC advises CLIENT, in writing, after CLIENT requests, with the name and address of the supplier of any specific item, CLIENT specifically agrees to waive and release, indemnify and hold TX Backyard Entertainment LLC harmless from and against any and all claims of whatever kind or nature arising out of or involved with the food items supplied.
- CLIENT assumes all responsibility for Rental Items while possessing Rental Items and agrees to return the Rental Items to TX Backyard Entertainment LLC in the same condition as they were received. TX Backyard Entertainment LLC will inspect Rental Items upon return and make determinations regarding the condition of Rental Items.
- REMOVE SHOES AT ALL TIMES WHEN ENTERING BOUNCE HOUSES/JUMPERS. Rental Items lost or damaged beyond repair will be paid for by CLIENT at replacement cost. All repairable Rental Items will be repaired by TX Backyard Entertainment LLC. The cost for such repairs shall be paid by the CLIENT. Accrued rental charges cannot be applied against the purchase price or cost of repairs of such damaged or lost Rental Items.
- There are no warranties, expressed or implied, other than as set forth in this contract. TX Backyard Entertainment LLC only provides a warranty for fitness of purpose.
- CLIENT will IMMEDIATELY DISCONTINUE USE of the Rental Items should at any time the Rental Items, while in the CLIENT’S possession, become unsafe or in a state of disrepair. CLIENT shall immediately notify TX Backyard Entertainment LLC of such condition.
- All Rental Items that are “Customer Pick-Up” or have a designated pick-up time shall be returned to TX Backyard Entertainment LLC complete with all attachments, accessories, and parts as listed in this contract in the same condition that the Rental Items were received by the CLIENT.
- CLIENT shall defend, indemnify and hold TX Backyard Entertainment LLC harmless from any claim or liability whatsoever resulting from the negligent use of the Rental Items, including those arising from TX Backyard Entertainment LLC’S negligence. Rental Items will be used by the CLIENT or designated person, and no other, without the prior written consent of TX Backyard Entertainment LLC.
- CLIENT may only extend the time period stated in contract with written permission, prior to extension, signed by both CLIENT and TX Backyard Entertainment LLC.
14. TX Backyard Entertainment LLC may, at its sole and absolute discretion, revert all charges to a daily rate if monthly statements or invoices are not paid by the due dates.
15. TX Backyard Entertainment LLC has the right to report stolen any unreturned Rental Item within ten (10) days of the date listed in the “pick-up” or “in date” section of this contract, or if conditions and circumstances indicate theft before that time.
16. TX Backyard Entertainment LLC and CLIENT agree that all charges for damaged Rental Items will be paid by CLIENT. Rental Items damaged beyond repair shall be paid for by CLIENT at its replacement cost at the time of rental. The cost of repairing any Rental Item shall be borne by CLIENT. All collection fees, court costs, NSF charges, attorney’s fees, or any other expenses involved in the collection of these charges will be paid by the CLIENT.
17. Additional charges will go to CLIENT for linens returned with burns, wax buildup, or permanent stains, which is not covered by damage waiver.
18. There will be an additional charge to the CLIENT for any tables or Rental Items returned with staples, nails, tacks, or abnormal wear.
19. DAMAGE WAIVER: CLIENT'S Order automatically includes a 10% Damage Waiver. CLIENT has the option to opt out of this fee as long as TX Backyard Entertainment LLC is notified 72 hours prior to the "Starting Date" through text message at 2819152014 or email at txbackyardent@gmail.com The Damage Waiver will cover the first $150 of broken or damaged equipment and 50% of any additional damage or breakage. If the Damage Waiver is declined, the CLIENT is responsible for the FULL cost of replacement any broken or damaged equipment at retail cost. The Damage Waiver is NOT an insurance and does not cover the following: Rental items not returned, theft, damage resulting from vandalism, damage resulting from failure to secure rental items during transport overloading or exceeding the rated capacity of the rental items, damage to motors or other electronics devices caused by artificial current, damages resulting from overturning, any damage due to weather, any damage to third party sub rental items or linens. Broken items must be returned to TX Backyard Entertainment LLC.
20. Use of Rental Items in the following circumstances is prohibited and constitutes a breach of this contract: Use for illegal purpose or in an illegal manner. se when an item is in bad repair or is unsafe. Improper use or misuse. Use at a location other than the address set forth on the face of this contract. Use by anyone other than the CLIENT or its employee, without the prior written consent of TX Backyard Entertainment LLC.
21. Upon a breach of this contract, TX Backyard Entertainment LLC may, at its sole discretion terminate the contract, take possession of and remove the Rental Items from wherever they are found. Neither TX Backyard Entertainment LLC nor its agents will be liable for any claims for damage or trespass arising from the removal of such items.
22. By signing this contract, CLIENT authorizes TX Backyard Entertainment LLC to charge the CLIENT’S credit card that TX Backyard Entertainment LLC has on file for all rental charges, delivery fees, sales taxes and other fees related to this contract.
23. CLIENT understands and agrees that this contract, as well as all related transactions, shall be governed solely by the laws of the State of Texas without regard to conflict of laws principles; that the agreement and related transaction are performable in Harris County, Texas; and that sole and exclusive venue for all disputes arising out of or relating to this contract and related transactions shall be in Harris County, Texas.
24. Full Payment must be made prior to CLIENT taking possession of our rental items. We accept Discovery, Amex, Visa, and MasterCard for payments. When
25. Staking Requirements: UNDERGROUND UTILITY LOCATE:
Underground Utility locate is required to secure tents when using stakes. CLIENT must call (811) 72 Hours before the tent or tents install and have all your utilities marked in the area where the tent will be installed. CLIENT releases TX Backyard Entertainment LLC from any liability related to staking our 40" Length by 1" Diameter steel stakes into the underground utilities, lines, pipes or other obstacles. In the event TX Backyard Entertainment LLC is unable to use stakes and install Tents due to CLIENT'S inability to properly mark all utility areas, CLIENT will pay the full 100% Rental Rate of the Tent or Tents in CLIENTS rental order.
26. TX Backyard Entertainment LLC is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. In or on our inflatables ABSOLUTELY NO silly string or similar items, such as, but not limited to, food, drinks, confetti, foam or trash, in or around the unit at any time. Silly string and like objects will cause permanent damage to the unit and the CLIENT will be responsible for the full replacement value of the rented unit and/or assessed a $100.00 cleaning fee if the unit is determined not to be permanently damaged. The CLIENT agrees not to operate the unit in a manner contrary to this contract and the rules of use on each unit. If the CLIENT operates the unit in a manner contrary to the contract and rules of use on each unit, and the unit is damaged, the customer agrees to pay the cost or repair or full replacement value of any damaged equipment or unit. The CLIENT agrees that the equipment leased is for the CLIENT'S use and said equipment is not to be loaned, sub-let, mortgaged or in any other manner disposed of by the CLIENT. The CLIENT further agrees to be liable for any loss of said equipment because of fire, theft, or any other cause.
If CLIENT opts to make cash payments (including Zelle, Venmo or Cashapp), exact change is required with a deposit equivalent to 50% of the total dollar amount of the contract.