Damage Liability Agreement
Damage Liability Agreement
At The Bounce House, we take great pride in the quality and safety of our Equipment. Our inflatables are designed to provide hours of fun and entertainment, but we need your cooperation to ensure they remain in excellent condition for all users. By signing this Damage Liability Agreement, you acknowledge your responsibility for the Equipment during the rental period and agree to the terms set forth below.
1. Intentional Damage or Damage Beyond Repair
1.1 Liability for Intentional Damage
The Hirer agrees that they are fully responsible for any intentional damage to the inflatable or other Equipment during the hire period. Intentional damage includes, but is not limited to, actions such as:
- Deliberate cutting, tearing, or puncturing of the inflatable.
- Vandalism, including spray paint or other permanent markings.
- Damage caused by misuse, such as intentionally overstretching or overloading the Equipment.
1.2 Liability for Damage Beyond Repair
If the inflatable or Equipment is damaged beyond repair during the hire period, the Hirer agrees to cover the full replacement cost of the Equipment. This includes:
- The cost of purchasing a new inflatable of the same model or a similar replacement, as determined by The Bounce House.
- Any costs associated with the transportation, installation, and disposal of the damaged Equipment.
- Any lost rental income or business opportunities due to the Equipment being out of service while awaiting replacement.
2. Extent of Liability
2.1 Assessment of Damage
Following the return of the Equipment, The Bounce House will inspect the Equipment for damage. If intentional damage or damage beyond repair is identified, we will notify the Hirer within 48 hours of the inspection. The Hirer will be provided with an itemized estimate for the replacement or repair costs.
2.2 Replacement or Repair Costs
If the damage is deemed beyond repair, the Hirer agrees to pay the full cost of replacement. The Hirer acknowledges that the cost of replacement may include, but is not limited to:
- The current market value of a new inflatable of the same model.
- Associated shipping or delivery fees for the new Equipment.
- Additional charges for installation or setup of replacement Equipment.
2.3 No Partial Compensation
No partial compensation or payment plan for the damage will be accepted. The full amount for replacement must be settled within 7 days from the damage assessment.
3. Legal Action
3.1 Failure to Pay
If the Hirer fails to pay the required costs for replacing the Equipment within the stipulated time frame, The Bounce House reserves the right to take legal action to recover the costs. This includes initiating a formal claim through the courts for the unpaid balance, along with any additional costs associated with the legal proceedings.
3.2 Legal Costs
The Hirer agrees to cover all legal fees, court costs, and any associated expenses incurred by The Bounce House in the process of recovering the costs for damaged or destroyed Equipment. This includes but is not limited to the costs for:
- Solicitor’s fees.
- Court filing fees.
- Any additional charges related to legal proceedings.
4. Indemnity and Waiver
4.1 Indemnity
The Hirer agrees to indemnify and hold The Bounce House harmless from any claims, damages, liabilities, or expenses arising from the intentional damage or destruction of the Equipment. This includes any third-party claims, including those arising from accidents or injuries caused by the damaged Equipment.
4.2 Waiver of Liability for Ordinary Wear and Tear
The Hirer is not responsible for normal wear and tear that occurs during the standard use of the Equipment. However, the Hirer agrees to report any issues, tears, or defects immediately during the hire period to The Bounce House.
5. Acknowledgment and Agreement
By accepting the terms of this Damage Liability Agreement, the Hirer acknowledges that they have read, understood, and agreed to the responsibilities and consequences outlined above. The Hirer agrees that they are fully liable for any intentional damage, negligence, or damage beyond repair, and that they will pay for the cost of replacement as outlined.
Hirer’s Name: ____________________________
Hirer’s Signature: _________________________
Date: _______________________________
The Bounce House Representative: ____________________
Signature: _______________________________
Date: _______________________________
Key Points for Customers:
- The Hirer is financially responsible for intentional damage or damage beyond repair to the Equipment.
- In the case of irreparable damage, the full replacement cost will be billed, and no partial compensation will be accepted.
- Legal action will be pursued if the Hirer fails to cover the damage costs within the required period.
- The Hirer will be liable for any legal fees if the case is taken to court.