Rental Policy

This rental agreement (the “Agreement”) is a legal contract between you (“You” or “Your”) and Simply Kids Rentals, a Texas limited liability company with its principal office at 9353 Center Point Drive, Houston, Texas 77054 (“Simply Kids Rentals,” “we,” “us,” or “our”). The Agreement establishes the terms and conditions under which you will submit information to, and rent children’s chairs, tables, bounce houses, and accessories (each a “Product” and collectively, “Products”) and receive related services (the “Services”) from Simply Kids Rentals via our website at www.simplykidsparty.com (the “Website”).

Before signing this contract, you agree that you have read the entire Agreement, agreed to all terms and conditions herein, and had all your questions answered to your satisfaction and understanding, as the rental Agreement is legally binding.

GENERAL; OWNERSHIP OF PRODUCTS; RENTAL REQUIREMENTS:

You shall use all rental property in an appropriate, careful, and proper manner and comply with all applicable laws and regulations. You must return the rental property in the same condition and good repair as when received. You assume all risk of loss and damage to the property from any cause whatsoever.

Please note that our tables are not designed for activities involving paint, glue, glitter, or slime. To avoid a $50-$100 cleaning fee per table, kindly use a table covering or consider renting our kids’ plastic folding tables for creative activities.

PAYMENT TERMS:

• 30% non-refundable payment is required at confirmation to guarantee the reservation.
• 100% non-refundable payment if paying less than one week before the event.
• If you need to reschedule your event, the payment will be transferred to the new date.
• If you cancel your event, your payment will become a 6-month in-house credit to be used for future rental needs.
• Pickup Rentals: Require a $50-$300 refundable deposit(depends on rental total) due back at the point of rental return.

DAMAGE WAIVER:

The damage waiver fee covers rental items that have minor damage or wear and tear within normal use. If the cost of the damage or breakage of a rental item exceeds the amount originally charged, you are responsible for paying the full amount to replace the item. The damage waiver does NOT cover misuse, theft, vandalism, lost, or stolen items. This fee is NON-REFUNDABLE and is NOT insurance.

DIRTY OR DAMAGED ITEMS:

• You agree to pay for any damage to rental items, except for reasonable wear and tear, while rental items are out of the warehouse.
• You also agree to pay a reasonable cleaning charge for all rental items returned dirty beyond normal use.
• Accrued rental charges cannot be applied against the purchase or cost of repair for damaged goods.
• Rental items damaged beyond repair will be paid for by you at their replacement cost when rented. The cost of repairs will be borne by you, whether performed by the rental center or, at the rental center’s option, by others.

GENERAL POLICIES:

1. All rental charges are based upon the confirmed reservation and time out for items. Refunds cannot be issued for unused items.
2. You are responsible for ensuring that the following is correct on the invoice: name, address, dates, times, quantity of items, sizes, colors, and fabrics.

PLAY RULES:

It is your responsibility to ensure that all possible precautions are taken to avoid injury to people or damage to Simply Kids Rentals equipment:

• Children must be always supervised.
• NO SHOES / HEELS are permitted inside the play area, including the Bounce House (ADULTS INCLUDED).
• No diving or throwing balls out of the ball pit.
• No food, candy, gum, or beverages in the bounce house.
• Only children from the ages of 2 years old – 6 years old may play in the Bumper Car and 1 year old – 12 years old in the Bounce House.
• No FACE PAINT, party poppers, or mess-prone products inside the play area, including the Bounce House (i.e., glitter, slime, messy art, temporary tattoos/stickers, etc.).
• All sharp objects must be removed before entering the play area, including the Bounce House.
• Children should not be left unattended in highchairs at any time.

CUSTOMER PICK-UP:

The customer pick-up location is 9353 Center Point Drive, Houston, Texas 77054. You will provide your driver’s license and a big car (e.g., SUV, Van, or Truck). You will need to wrap the items and transport them safely to avoid any nicks or scratches. Pick-up is on Friday from 10 AM to 5 PM. Returns are on Monday following the event weekend, no later than 4 PM, to avoid late fees. Rentals must be returned in the same condition as they were during pick-up.

INSURANCE:

You understand that insurance for liability, health, and medical or disability coverage in any way related to the rental of equipment under this Agreement is your sole responsibility.

OPERATION TERMS:

You grant Simply Kids Rentals and its employees/contractors the right to enter the property for the delivery and return of the rented equipment at approximate times. All payments must be made at the time of delivery. No refunds will be made after the equipment has been delivered. For bounce houses, you agree to provide one electrical outlet rated at 115 volts with 20 amperes capacity per motor unit within 50 feet of each unit. No electrical cords are to be used. If the blower stops or the air pressure is low, remove all users immediately, and then check on the problem. Air tubes in the rear of the unit should be tied securely to the blower or tied off to prevent air from escaping. The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit. Circuit breakers should also be checked.

GENERAL RULES FOR SAFE OPERATION:

Bounce house units must be operated over a smooth, compatible surface such as grass or hardtop surface. The unit may NOT be operated on rough surfaces such as rocks, brick, glass, or any jagged objects. The bounce house unit should not be moved by you after being placed by Simply Kids Rentals employees/contractors. The unit MUST BE properly anchored before use. The unit will be anchored initially by Simply Kids Rentals employees/contractors, and the anchors MUST NOT be removed during the period of use.

• Never attempt to relocate, adjust, or service a blower.
• Never use during high winds, gusty winds, thunderstorms, or lightning. The unit can turn over in high winds, even if anchored, and this could result in severe injuries to the users.
• Do not resume use until adverse weather conditions have ceased.
• Always follow the manufacturer’s guidelines located on the unit itself.

ADDITIONAL SAFETY RULES:

• Before entering the unit, have the users remove their shoes, eyeglasses, belt buckles, and any sharp objects.
• Never play, jump, or enter a partially inflated/deflated unit.
• Never allow the users to climb or play on the outside or inside walls of the unit, columns, netting, or roof of the unit.
• Always follow the number of riders and rules posted on the unit itself.
• Do not plug or unplug the motor repeatedly, as this will cause the unit to burn up, and you will be responsible for any resulting damage.
• Always have an adult present, who has reviewed and understands both this contract and the rules posted on the unit itself, who can supervise the riders.
• Never allow the users to be unsupervised in or around the unit.
• Never allow more users than the maximum number of users per age group as described within this lease and on the unit itself.
• Never place a hose or water on or into the unit unless authorized by Simply Kids Rentals.
• Do not allow horseplay on, in, or around the unit.
• Always follow the directions for use on the unit itself.
• Only children of the same age group are to play on the unit at the same time.

RAIN/BAD WEATHER POLICY:

One of the greatest dangers when using inflatables is wind. A strong gust of wind can pull the stakes anchoring an inflatable out of the ground and send it flying with people on it. Inflatables must be deflated when winds reach 15 mph. No exceptions.

We encourage you not to cancel due to rain, as most times it is only scattered showers and rain will not hurt our inflatables. If it is raining the day of your event and you decide to cancel, the deposit will be held and you are able to reschedule for any future date available. You have until 7:00 AM on the morning of your rental to let us know if you are going to cancel/postpone. After 7:00 AM, payment is due in full whether you decide to cancel or not. We do not offer refunds or discounts due to bad weather after 7:00 AM as the inflatables are already on their way with our crew and it is too late to adjust routes.

ADDITIONAL TERMS OF LEASE:

Simply Kids Rentals 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.

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 you will be responsible for the full replacement value of the rented unit and/or assessed a $75.00 cleaning fee if the unit is determined not to be permanently damaged. You agree not to operate the unit(s) in a manner contrary to this contract and the rules of use on each unit. If you operate the unit(s) in a manner contrary to the contract and rules of use on each unit and the unit is damaged, you agree to pay the cost or repair or full replacement value of any damaged equipment or unit.

You agree that the equipment leased is for your own use, and said equipment is not to be loaned, sub-leased, mortgaged, or in any other manner disposed of by you. You further agree to be liable for any loss of said equipment by reason of fire, theft, or any other cause.

HOLD HARMLESS PROVISIONS:

You agree to indemnify and hold Simply Kids Rentals harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason 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. You hereby release and hold harmless Simply Kids Rentals from injuries or damage incurred because of the use of the leased equipment. Simply Kids Rentals cannot, under any circumstances, be held liable for injuries because of inappropriate use, natural events, or other conditions beyond its control or knowledge. You also agree to indemnify and hold harmless Simply Kids Rentals from any loss, damage, theft, or destruction of the equipment during the term of the lease and any extensions thereof.

DISCLAIMER OF WARRANTIES:

Simply Kids Rentals makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment. You agree to immediately cease use of the equipment and contact Simply Kids Rentals if any of the leased equipment develops any indication of defect or improper working conditions. You agree to use the equipment at your own risk.

BREACH/INDEMNITY/ARBITRATION:

In the event that you breach any of the terms of this lease, you will pay for all consequential damages and further indemnify Simply Kids Rentals for all costs incurred by Simply Kids Rentals in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees, and costs. If Simply Kids Rentals determines, within its own discretion, that you have failed, in any way, to observe or comply with the conditions of this lease, Simply Kids Rentals may exercise any of the following remedies: termination of this agreement; re-enter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available by law. If a conflict arises, Simply