RENTAL AGREEMENT
Definition: "The Client" refers to the person or entity renting the equipment.
1. Identification Requirement
Age Verification: All pickups and deliveries must be received by a person aged 18 or older. A valid, government-issued photo ID is required for verification.
2. Cancellations, Modification, and Rescheduling
Rescheduling: Rescheduling your event is free. You can reschedule to any available date within 12 months from the original event date. Your credit can be applied dollar for dollar to any of our services or rentals.
Cancellation Fee: 50% of the rental amount is considered a non-refundable reservation fee. This portion of the fee is only refundable in instances of gross negligence by the Company.
You may upgrade your rental at any time (subject to availability) but you may not remove items from your rental once they are reserved
Credit Policy: Any forfeited reservation fees will be converted into credits for future bookings with the Company, valid for up to 12 months from the original event date. Please note that rates are subject to change.
3. Weather Policy - Let's Work Together!
Thinking Ahead: We completely understand that weather can be unpredictable and might have you second-guessing your plans. That’s why we’re here to work with you! If you’re eyeing the sky and wondering whether to proceed, please give us a heads-up by 8 AM on the day of your pickup or delivery and we'll reschedule with you if necessary.
Our Promise to You: We can’t offer refunds or credits for weather-related cancellations or delays. However, we know how much planning goes into your events, and we’re committed to supporting you. If the forecast looks gloomy, consider rescheduling. If rain does disrupt your plans, and it’s possible to do so, we’ll gladly extend your rental by an extra day, free of charge. Remember, rescheduling is always the best option when the weather may derail your plans.
Why We Ask for Your Cooperation: Our drivers and team cover a wide area, and last-minute changes can really throw a wrench in the works—not just for us, but for other customers too. By deciding early, you help us ensure that everyone’s plans, including yours, can proceed without a hitch. Plus, it keeps our drivers safe and schedules on track. Let’s make it a win-win situation by keeping each other informed and making decisions together!
4. Timely Return
Return Schedule: All equipment must be returned or ready for pickup at the scheduled time.
Pickup Accessibility: Ensure the equipment is accessible for pickup. A $150 missed pickup fee will be charged if the equipment is inaccessible and we cannot reach you.
Late Return Fees: A full day's rental fee ($350) will be charged for each day equipment is returned late. To avoid fees and to avoid inconveniencing others, please return the equipment on time.
Missed Return Appointment:
You will be charged $50 if your return of pickup equipment is more than 1 hour late.
5. Payments
All rentals must be paid in full at the time of booking.
6. Waiver and Release of Liability
Safety Instructions: The Client will follow all safety instructions provided by the Company and will ensure that all individuals who use the rented equipment receive proper safety training and instructions.
Common Sense and Good Judgment: The Client will use common sense and good judgment when using the rented equipment.
Assumption of Risk: The Client assumes all risks associated with the use of the rented equipment.
Release of Liability: The Client releases the Company from any and all liability for any injury, damage, or loss that may occur during the use of the equipment, except in cases of gross negligence or willful misconduct by the Company.
Colored / UV Foam: Colored / UV Foam may stain if not washed thoroughly within 24 hours. Grass, cement and asphalt are usually fine but porous flooring like some tile may leave a stain. Please consider the area you want the colored / UV foam to be blown on before booking your party. We are not responsible for any damages due to the negligence of the party host and party attendees.
Indemnification: The Client agrees to indemnify and hold harmless the Company from any claims, demands, or causes of action arising out of or in connection with the use of the rented equipment.
Limit of Liability: The Company's liability is limited to the fee charged for the rental, except in cases of gross negligence or willful misconduct. This limitation applies to all legal recovery theories. The Client cannot seek damages beyond these limitations through third-party suits.
This waiver and release of liability is intended to be as broad and inclusive as permitted by the laws of the state of New York. If any portion of this waiver is held to be invalid, the remaining provisions will continue to be enforceable.
7. Prohibited Use
The Client understands that foam machines must NEVER be used to spray foam on pools, lakes, or any other bodies of water.
The Client certifies that they will not spray foam onto any body of water.
The Client acknowledges that failure to follow this safety instruction may result in serious injury or death and assumes all responsibility and liability for any consequences arising from misuse of the equipment.
The Client certifies that they will not spray foam into or onto a bounce house, water slide, or any other amusement device.
The Client agrees to use only the foam solution provided by or approved by the Company. The use of any other solutions, such as household detergents like Dawn, is strictly prohibited as it can be dangerous to participants and equipment.
The Client acknowledges that using unapproved solutions may result in harm or damage and assumes all responsibility and liability for any consequences arising from such misuse.
By accepting these terms and conditions, you authorize MKKH ENTERPRISES INC DBA FOAM ISLAND to process your order for a foam party rental.
