Release and Waiver Liability

This is a legal agreement between (insert client name) "the Client" and BUSY BABIES LLC, “The Company” which affects your legal rights, so please read carefully.

 

This agreement dated (DATE OF CONTRACT) between BUSY BABIES LLC (“The COMPANY”), a New York Limited Liability Company and (client name) (“The Client”) for the rental of play equipment and party materials for an event located at (Event address) (“Party Space”). The date of the event this contract references will take place on (event date) from (Start time) to (E-nd time)

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By executing this Agreement, The Client and their guests assent and agree to comply with all of the following policies and procedures of The Client, as set forth herein. The policies, procedures and this agreement may be amended from time to time at The Company's sole discretion and with no notice to the Client. Client understands that use of this play equipment may, by its nature, cause injury or harm to Client and/ or any participants. Renter understands and acknowledges that this waiver discharges Busy Babies LLC from any liability or claim that the Client may have against Busy Babies LLC with respect to any bodily injury, illness, death or property damage that may result from the Client's use and possession of Busy Babies LLC's equipment. The Client does hereby release and will forever discharge and hold harmless Busy Babies LLC and its successors and assigns from any and all liability claims, and lawsuits of any kind or nature either in law or in equity, which arise or may hereafter arise from Client's possession and use of Busy Babies LLC equipment. The Client does hereby freely, voluntarily, and without duress executes this release under the following terms:

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1)Deposit and Overtime:
Any rental of equipment from The Client for an event must be secured with a nonrefundable security deposit of $200.00. Only upon payment of this non-refundable security deposit shall The Client securely hold the requested date and time for the private party rental. The non-refundable security deposit will be applied to the total rental balance. The balance amount due and owing must be paid in full at the end of the scheduled party time.
 

If the party goes over the scheduled party time by more than 5 minutes (if the Client is unable to remove equipment for whatever reason), The Client agrees to pay $50.00 per ten minute interval the party time is extended. This amount shall not be pro-rated. The Client and all guests must completely vacate the equipment and clear the path for removal prior to the agreed upon rental end-time. All equipment must be returned to it’s original state and formation prior to pick-up. If you’d like a longer party, please make your request prior to your event.

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2)Safe Play Procedures And Rental Rules

• PLAY AT YOUR OWN RISK

• Children must be supervised by an adult while in the play area

• NO Shoes, SNEAKERS, HIGH HEELS, FLIP FLOPS OR SANDALS are allowed on mats or inside theplay area for any reason. SOCKS MUST BE WORN AT ALL TIMES!

• NO food or drink (or chewing gum) allowed in play area. EVEN WATER!

• NO Running in play area

• NO diving or throwing balls or any equipment

• NO equipment should be removed from within the fenced-in play area

• NO shoving, pushing, wrestling, or rough play in play area.

• NO children over the age of 5 are allowed on any play equipment for any reason

• NO paint or other craft materials (i.e., glitter, slime, messy arty, temporary tattoos, face paint etc.)are allowed in soft play areas or on any equipment

• NO more that the recommended amount of players on unit at any time

• All sharp objects must be removed before play (including pens, pencils, jewelry, knives,eyeglasses, etc.

• DO NOT enter if you are pregnant or have health issues without consulting with your physician

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3)Ages of Children:
Our soft play area is designed for guests 5 years and younger. If any older child(including an infant’s sibling) enters this area, The Company reserves the right to ask the older child to leave the area immediately. If there is no attendant present, The Client is responsible for enforcing this.
 

4)Decoration:
Nothing may be hung on or adhered to any equipment including tents without the express, written permission of The Company. Any Client who adheres tape or any adhesive to any structure will be assessed a fine in the amount of $250 for damages, regardless of whether damage is immediately visible.
 

5)Damage:
Any damage done to the The Company equipment or other Busy Babies LLC property shall be billed to Client for either total replacement or repair in a minimum amount of $150.
 

6)Cleaning:
In the occurrence of an additional mess
– as determined by the The Company management or staff – created or done by the Client or any of its party guests (children and adults included) resulting in extra cleaning of the equipment or other The Company property shall result in Client to be charged an additional $250.00 non refundable cleaning fee.
 

The Company cleans and sanitizes its toys and other property (including bathrooms) on a consistent basis. Client and all party guests must insure that they dispose of all waste materials such as diapers, paper towels and trash in the correct receptacles provided by The Company. NO FOOD or trash is allowed inside the play area.

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7)Gratuity:
Gratuity is not required but is appreciated and left up to the discretion of the Client. Recommended gratuity for excellent service is 15%.
 

8)Socks
: The Company is a “no shoes, socks required” play space. Socks ARE required in the play space at all times. Both adults and children are required to wear socks as part of health code. This is necessary for the health and safety of the children. The Client is responsible for enforcing that all party guests have socks with them when they enter The Company. If a guest does not have socks, The Company can sell them a pair or run a tab for socks that will be charged to The Client at the completion of the party.
 

9)Indemnification:
The Client agrees to hold harmless and indemnify The Company, its officers ,directors, employees, and agents (collectively, the "indemnified Parties"), from and against any and all losses, costs, expenses, including but not limited to, reasonable attorneys' fees, claims, actions, demands, damages incurred by or asserted against the indemnified Parties by reason of the acts, omissions or negligence of the Client, its guests, employees, agents or independent contractors, arising out of or in any way connected with The Client’s event (Private Party), except when directly caused by the gross negligence or willful misconduct of the Indemnified Parties.
 

10)Cancellations:
Any cancellation within two (2) weeks of scheduled party shall result in an additional $25.00 cancellation fee, on top of the party deposit, unless Client can provide proof of medical emergency, family emergency or other emergency circumstances. In addition, Client also forfeits any future benefits from the non-refundable security deposit.
 

11)Default:
Failure by The Client to timely pay The Company all amounts due shall constitute a default by The Client. Upon a default by The Client, The Company, at its sole discretion, may (I)terminate this contract and retain all amounts paid to The Company as liquidated damages, or (II)enforce the terms of this contract through any and all remedies that it has as defined in this contract. In no event of default shall The Company be liable to The Client for any amount in excess of amounts paid to The Company. Said payment constitutes The Client’s sole and exclusive remedy and The Client hereby relinquishes any and all causes of action, which the Client otherwise have in law or inequity as defined in this Contract.
 

12)Applicable Law and Construction.
The laws of the State of New York shall govern the validity, performance and enforcement of this Lease.
 

13)Arbitration:
By executing this agreement, The Company and The Client agree that any dispute or claim arising under or with respect to this Agreement will be resolved by Arbitration in Rochester, New York before an arbitrator chosen by agreement of the Parties. Each party shall equally bear any costs associated with arbitration. The award shall be final and binding upon the parties. Any award may be entered as a judgment or order in any court of competent jurisdiction.
 

14)Force Majeure.
Neither The Company nor Client shall be liable or responsible for any delays or cancellations of the Private Party due to strikes, lockouts, casualties, acts of God, war, governmental regulation or control or other causes beyond the reasonable control of the The Company or Client.
These policies shall be governed by and construed in accordance with the laws of the State of New York.
 

ADDITIONAL IMPORTANT INFORMATION, PLEASE READ CAREFULLY:

• Equipment will be delivered approximately 1 hour prior to scheduled rental period for set up

• Pick-up will take approximately 1 hour immediately following the scheduled rental period

• Participants must not enter the Busy Bubble House if temperatures exceed 80 degrees

• 10 foot clearance is required for Busy Bubble House rentals

• Equipment may only be moved by employees or contractors of The Company

• Participants must adhere to posted rules signage

• Equipment will NOT be set up if we discover upon arrival at agreed upon event location that there is dirt, rocks, or other debris that may cause damage to The Company equipment. *Please note, deposit will NOT be refunded.

 

LOGISTICS:

• please note set ups will not be moved once placed in agreed upon location. If the Client wishes relocate aset up, there is a fee of $100

• we do not set up in the rain

• wide walkways/hallways are required to accommodate large equipment and/or hand trucks or dollies containing heavy equipment.

• smaller walkways, stairs, elevators etc. must be disclosed prior to set up and may be subject to an additional fee of $150

• driveway must be empty to allow truck/trailer to enter for set up and pick up

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The undersigned has read and understands the aforementioned Private Party Space Rental Agreement and Regulations and agrees to abide by and be bound by such agreements and regulations. The undersigned fully understands the content of this waiver and agreement and signs at free will.