18843 90 Avenue NW
Edmonton AB, T5T 5W2
Rental Agreement
Schedule A
That Individual identified in Schedule "A"
(hereinafter referred to as the “Lessee”) IN CONSIDERATION of the mutual covenants and promises in this Agreement, the sufficiency of which the Parties acknowledge, the Lessor leases the Equipment identified in Schedule “A” to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms:
Lease
1. The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in this Agreement.
Term
2. The Rental Period of this Lease is identified in Schedule "A" attached hereto. Early termination of this Agreement will be a breach of the Lease and will entitle the Lessor to pursue the Remedies pursuant to Paragraph 23.
Rent and Deposit
3. The Rent for the Equipment will be that amount identified in Schedule “A” and the Rent will be paid prior to the Lessee taking possession of the Equipment.
4. The Lessee will pay a Deposit in an amount identified in Schedule “A” before taking possession of the Equipment. The Lessor will refund the Deposit to the Lessee at the end of the Term provided that the Lessee has performed all of the Lessee's obligations under this Agreement. Otherwise, the Deposit may be used to pay the costs for any losses as identified in Paragraphs 12 to 14 herein.
>Delivery of Equipment
5. The Lessee and the Lessor will examine the Equipment prior to the Lessee taking care and control of the Equipment at the commencement of the Rental Period.
Use of Equipment
6. The Lessee will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether municipal, provincial or federal respecting the use of the Equipment
7. The Lessee agrees that the Equipment will be supervised by an Adult and not operated by any individual who is not an Adult, under any form of mental or physical impairment, or otherwise has displayed reckless behavior which would indicate an increased risk of damage or injury to any user or third party or to the Equipment. As the Equipment is designed for use by groups of individuals of similar age and size, the Lessee will ensure that such proper usage will occur to ensure a reduction in risk of injury.
8. The Lessee agrees that inflatables with slides and or larger obstacles course, and cliff jump will be supervised by two supervisors.
9. The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose. This includes, but is not limited to, the climbing on the inside or outside walls of the Equipment.
10. The Lessee will not damage in any way, alter, modify or attach anything to the Equipment. To reduce the risk of damages, all users must remove shoes, glasses, ball caps and all sharp objects. No one shall be permitted to allow food, drink, gum, candy, silly string or foreign articles to enter the Equipment.
Warranties
11. The Equipment will be in working order and good condition upon delivery.
Loss and Damage
12. The Lessee will be liable for risk of loss, theft, damage or destruction to the Equipment from any and every cause, including damages caused by the misuse of the Equipment.
13. If the Equipment is damaged, the Lessee will continue paying Rent, will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, at the written consent of the Lessor, put or cause the Equipment to be put in a state of good repair, appearance and condition.
14. If the Equipment is damaged beyond repair, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Rental Period and loss of future revenue of the Equipment until the Equipment can reasonably be replaced. Upon final payment ownership of the damaged Equipment passes to the Lessee.
Ownership, Right to Lease and Quiet Enjoyment
15. All right title, interest in and to the lease Equipment remains in the Lessor and nothing in this Agreement is to be taken as transferring to the Lessee any proprietary interest.
16. The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms in this Agreement.
Surrender
17. At the end of the Rental Period or upon earlier termination of this Agreement, the Lessee will return the Equipment to the Lessor. If the Lessee fails to return the Equipment to the Lessor at the end of the Term or any earlier termination of this Agreement, the Lessee will pay to the Lessor additional rent equal to One Hundred Fifty (150%) Percent of the rent for each hour the Lessee fails to return the Equipment after the Rental Period expires. Upon return, the Lessor and Lessee will examine the Equipment to ensure its condition is unchanged from the beginning of the Rental Period.
Insurance
18. The Lessee, during the whole of the Rental Period and for as long as the Lessee has possession of the Equipment, will not do anything that would negatively affect the Lessor's insurance policy for the Equipment which the Lessor shall maintain at its sole discretion or create a loss arising out of the use of the Equipment.
Supervision of equipment and Participants'
19. Supervision will be upheld by volunteers or employees who have received and understand the safety orientation of equipment by the equipment manager onsite.
20. Supervision is mandatory at all times when a participant(s) are using the equipment.
21. Full agreement of responsibility to always specify two (2) trained persons to supervise an inflatable obstacle with a slide. And one (1) trained person per any other inflatable(s). Appling to all rentals (including corporate or private party rentals).
22. As per the rental agreement this waiver must be signed to agree and confirm supervision at all times (two (2) per inflatable obstacle with a slide and one (1) per other inflatable(s).
23. The presence of any LIT Inflatables employee, representative, or contractor acting as a supervisor for attendees during the rental period is provided strictly for operational and safety purposes. Such presence does not waive, forfeit, or diminish the rights, protections, or limitations of liability granted to LIT Inflatables under the previously signed waiver. All terms, conditions, and indemnities set forth in the signed waiver remain in full force and effect regardless of any on-site supervision provided.
Indemnity and Liability
24. THE LESSEE WILL INDEMNIFY AND HOLD HARMLESS THE LESSOR AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, COSTS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEY'S FEES AND COSTS ARISING OUT OF OR RELATED TO THE EQUIPMENT OR THE USE OF THE EQUIPMENT BY THE LESSEE, TO ANY THIRD PARTY OR TO ANY OTHER PERSON WHO IS IN CONTROL OF THE EQUIPMENT WHILE THE LESSEE HAS LEGAL POSSESSION OF IT DURING AND AFTER THE RENTAL PERIOD.
25. THE LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY PERSONAL OR CONSEQUENTIAL INJURY OF ANY NATURE WHATSOEVER OR ANY LOSS OR DAMAGE, WHETHER DIRECTLY OR INDIRECTLY, THAT MAY BE SUFFERED OR SUSTAINED BY THE LESSOR OR ANY EMPLOYEE, AGENT, INVITEE, LICENSEE OR ANY OTHER PERSON WHO MAY USE OR BE AFFECTED BY THE EQUIPMENT OR BY ITS USAGE OR TO ANY LOSS OF PROPERTY OR LOSS OF INCOME OR REVENUE RESULTING FROM THE EQUIPMENT OR ITS USAGE.
26. The Lessee will provide the Lessor with an executed waiver of each of the users of the Equipment or such individual's parent or guardian if the user is not at least Eighteen (18) years old.
Default
27. The occurrence of any one or more of the following events will constitute an event of default (hereinafter referred to as the “Event of Default") under this Agreement:
a. The Lessee fails to pay any amount provided for in this Agreement when such amount is due; or
b. Otherwise breaches the Lessee's obligations under this Agreement.
Remedies
28. On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (hereinafter referred to as the "Remedies"):
a. Declare the entire amount of the Rent for the Rental Period immediately due and payable without notice or demand to the Lessee;
b. Apply the Deposit toward any amount owing to the Lessor;
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default;
d. Commence legal proceedings for the return of the Equipment;
e. Terminate this Agreement immediately upon written notice to the Lessee; or
f. Pursue any other remedy available in law or equity.
29. The Lessee acknowledges that neither this Agreement nor the Equipment is assignable.
Additional Documents
30. Upon written demand by the Lessor, the Lessee will execute and deliver to the Lessor documents required by the Lessor to protect the Lessor's interest in the Equipment.
Entire Agreement
31. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
Address for Notice
32. Any Notices provided to either Party by the other shall be to that address identified in Schedule "A”.
General Terms
33. Time is of the essence in this Agreement.
Enurement.
34. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
Notice to Lessee
35. NOTICE TO THE LESSEE: This is a lease. The Lessee acknowledges that this Agreement has been reviewed in its entirety prior to its execution. The Lessee acknowledges receipt of a copy of this Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on this:
