Kaiser's Playland

Kaiser’s Playland – Memphis, Tennessee -901-220-9541
ACKNOWLEDGEMENT OF RISK | ACCEPTANCE OF RESPONSIBILITY – RELEASE OF LIABILITY RULES FOR USE THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU MUST READ AND UNDERSTAND IT BEFORE INITIALING OR SIGNING.

PRICING AND AVAILABILITY: Pricing and date availability is guaranteed when the agreement is signed, a credit card authorization is filled, 30% non-refundable deposit, and $150 refundable security deposit is secured. NOTE: The security deposit will NOT be deducted from your balance. The security deposit will be refunded after pick-up IF there are NO damages, food, spills, glitter, confetti, or missing items. Full payment will be due 7 days before your scheduled event. The rental fee is dependent upon the length of the rental, location, and the equipment rented.

RENTAL DELIVERY AND SET-UP FEES: There is a delivery fee based upon the distance from storage location.

PHOTOGRAPHY RELEASE: By signing this agreement, you give Kaiser’s Playland permission to use the photos at your event on our website, advertisements, materials, social media, and other publications deemed appropriate by Kaiser’s Playland

DELIVERY, SET-UP, TAKE DOWN, PICK-UP

• We will deliver, set up, take down, and pick up. There is a delivery fee based upon the distance from storage location. You may not disassemble our soft play rentals. This is to prevent damage to our equipment. Clients and event coordinators are NOT permitted to attach anything to our soft play materials.
• if you, the renter, will not be available during delivery and pick-up, it is your responsibility to coordinate with the venue/event coordinator to ensure all items are delivered and set up in the correct location.
• We will have you, the renter, or the venue or event coordinator sign after setting up to ensure setup and delivery, and quality are in place.
• We will have you, the renter, or the venue or event coordinator sign after pickup to ensure all items have been collected.
• All soft play rentals have a four (4) hour time limit, each additional hour past the four (4) hour time limit will incur a fee of $50.00 per hour. Our latest pick-up time is 10:00pm and any additional hour past 10:00p.m will incur a fee of $50.00 per hour which will be charged to the credit card on file the following day.

Damaged Items

• Renter assumes full responsibility for item(s) upon possession and agrees to pay full
  replacement cost (replacement includes labor costs) for lost or damaged items. Damages will be charged to the credit card on file. Please ensure that all equipment is secured against abuse and misuse and protected from the weather.

Weather-related Issues

• Kaiser’s Playland does not issue refunds for any reason, including inclement weather. Should bad weather or wind become an issue, Kaiser’s Playland reserves the right to refuse or release such items. In the event of bad weather, the equipment must be covered or moved immediately to prevent damage.
• It is the responsibility of the client to have a suitable site ready for the soft play equipment. The area must be flat, well-drained, clear of glass, and clean of debris. We can not set up on dirt or gravel, uneven, or inclined surfaces. During high temperatures, all equipment must be in a shaded area or under a tent to prevent overheating of equipment.
• If Kaiser’s Playland is scheduled for delivery and the weather is bad or impending, we will contact you or a designated person to discuss options. Please always provide an additional contact name and number should you be unavailable on the day of your event.

NO SMOKING AGREEMENT

No smoking is permitted within 12 feet of any of the equipment. Any evidence of such will result in an additional cleaning fee.

ORDERS AND CHANGES: All order/service changes must be placed in writing or emailed to avoid any confusion. A detailed invoice will be submitted following any changes to your order by email. Additional services require an appropriate deposit and will be charged to your credit card unless other terms are specified. Emails are considered legal and binding and do not require a signature to be valid. If changes are made the day of the event, a responsible party must sign for them upon delivery, pay with cash, or the credit card will be billed automatically. Substitutions are allowed with a 14-day notice. No substitutions are allowed within fourteen (14) days of the event. Items may be allowed based on availability

CANCELLATIONS: Please be aware that once the contract is signed, and your event date scheduled, all other clients have been refused your specific rentals and services for your event date, and thus the 30% deposit is non-refundable and all other payments are non-refundable within one 1 week of your event. All services may be canceled if received in writing via paper or email no later than three (3) weeks before the event. A credit in the amount of the deposit will remain on file if the event is postponed. You would not be obligated to pay the balance of your invoice unless you placed a custom order that was designed specifically for your event. In such cases, you would be contractually bound to pay the balance due on the account.

DAMAGE WAIVER: Damage Waiver is NOT INSURANCE, Renter is responsible for any loss or damage to the Equipment and for their return in the same condition in which they were received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount of loss of or damage to the Equipment while in Renter’s possession except that Renter will be responsible for the first $150.00 on damage/replacement costs in those instances where the damage/replacement cost is greater than $500.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. If Renter has applicable insurance, the Damage Waiver becomes secondary, and the Renter agrees to exercise all right available to the Renter under Renter’s insurance coverage and assign all claims and proceeds from Renter’s insurance coverage to Lessor. Notwithstanding the foregoing, Lessor’s liability for loss of, or damage to, the Equipment will not be waived in the following circumstances:

1. Any item or part thereof which is not returned, irrespective of the reason, including theft. 

2. Careless or abusive operation or use of the Equipment. 

3. Use or operation of the Equipment exceeding its rated capacity. 

4. Damage resulting from failure to perform or pay for all normal periodic and other basic services and maintenance. 

5. Loss or damage caused by dishonesty of Renter’s employee or family member or wrongful conversion by any person whom Renter allows to possess the Equipment. 

6. Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer. 

7. Damage resulting from vandalism, malicious mischief, or intentional abuse. 

8. Damage to any accessories such as electric cords, fuel tanks, heating ducts, and similar items. 

9. Damage resulting from overturning. 

10. Damage resulting from self-pickup or return while in transit. 

11. Damage resulting from the use of the Equipment in violation of any terms of this Rental Contract.

RELEASE: In consideration of the services and or property provided, I, for myself and any minor children for which I am the parent, legal guardian, or otherwise responsible, any heirs, personal representatives, or assigns, do hereby release Kaiser’s Playland, its principals, directors; officers, agents, employees, and volunteers from any liability and waive any claim for damages arising from any cause whatsoever (except that which is gross negligence). I further agree to reimburse you for all attorney’s fees and legal costs should I bring legal action against you and lose.

ACKNOWLEDGEMENT Of RESPONSIBILITY OF EQUIPMENT: I acknowledge that if any rented items or equipment are returned to Kaiser’s Playland in a damaged or destroyed condition, or if any such items are not returned to Kaiser’s Playland for any reason I shall pay Kaiser’s Playland the full monetary value of the missing or damaged items in addition to the accrued total rental amount. If an inflatable is torn, punctured, or damaged by unnecessary rough usage, unsupervised action(s), or by any means whatsoever notwithstanding normal wear and tear I agree to pay Kaiser’s Playland the estimated costs of repair to such equipment.

ENTIRE AGREEMENT: I understand that this is the entire agreement between me and Kaiser’s Playland, its agents or employees and that it cannot be modified or changed in any way by the representations or statements of any employees of Kaiser’s Playland or by me. My signature below indicates that I have read this entire document and agree to be bound by its terms.

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

Lessee understands and acknowledges that soft play 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 Kaiser’s Playland harmless from any claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising because 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 Kaiser’s Playland from injuries or damages incurred as a result of the use of the soft play equipment. Kaiser’s Playland 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 Kaiser’s Playland from any loss, damage, theft, or destruction of the soft play equipment during the term of the rental and any extensions thereof.