White Kazbah LLC Rental Agreement & Waiver of Liability

It is the responsibility of the person or organization hiring White Kazbah LLC for the rental of children playground and soft play equipment to ensure that all possible precautions are taken to avoid injury to people or damage to the equipment. The renter desires to rent from White Kazbah LLC, equipment to be used by the renter, his/her guests, invitees or other individuals while in the renter’s possession. Renter understands that use of children playground and soft play equipment may, by its nature cause injury or harm to renter, his/her guests, invitees or other individuals. The renter does hereby freely, voluntarily, and without duress executes this release under the following terms: Please ensure that the following safety instructions are followed:

Risk Factors

I understand and acknowledge that the use of White Kazbah LLC playground and soft play equipment involves risks including, but not limited to the following: bodily injury including but not limited to permanent disability, paralysis, and death. These risks may result from a variety of circumstances including the misuse of equipment or facilities.

Assumption of Risk
I am choosing to use White Kazbah LLC children playground and soft play equipment at my own
risk. I understand and acknowledge that the activities which I am or/and (any minor children for
which I am the Parent, legal guardian, or otherwise responsible, any heirs’ personal representative)
about to voluntarily engage in as a participant and/or volunteer bears certain known risks and
unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to
myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from
using the equipment of White Kazbah LLC.

Insurance

I, the renter understands that insurance for liability, health, and medical or disability coverage in any way related to the rental of equipment under this agreement is the sole responsibility of the renter. I understand that I, my heirs, my guest, my invitees, and other individuals are strongly encouraged to have a medical physical exam and purchase health insurance prior to use of the playground and soft play equipment.

Release, Indemnify, and Defend
I hereby release, waive, discharge, and hold harmless White Kazbah LLC and all employees past or present from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of White Kazbah LLC playground and soft play equipment.

Waiver
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims

Payment for Damages
I agree to pay for any and all damages to any equipment as a result of my, my guest, my invitees, my heirs, and other individuals’ willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.

Representatives:

I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives

Others:

I, the renter expressly agrees that this release is intended to be as broad and inclusive as permitted by laws of the state of Florida and that this release shall by governed and interpreted in accordance with the laws of the state of Florida. Renter agrees that in the event that any clause or provisions of this release shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable

Setup:

If you need setup at a park you will need to contact the park in advance to determine the requirements needed to set up. Outdoor set up may require a shaded area or a suitable cover in the form of a canopy tent, pavilion, etc, as the equipment will get extremely hot in direct sunlight. If no suitable area is available, we will NOT set up. A tarp will be provided, but please make sure the ground is flat, dry, and clear from toys, animal waste, glass and debris. We do not set up on dirt, gravel, or rocks, NO EXCEPTIONS.

Cleaning Fee:

A $250 refundable cleaning fee is required at the time of setup in case of heavy stains, discoloration, or excessive dirt. Your deposit will be refunded as long as at time of pick up 1. Balls are back in the play area 2. No stains, spills, or food in play area or on play equipment 3. Equipment is not taken apart or moved without prior approval from White Kazbah LLC 4. Equipment is dry.

Cancellations:
If you cancel your event with more than a 7 day notice prior to your event date, you will only forfeit your $250 non-refundable deposit that may be used as a credit towards a future event within 365 days of the original event date. If White Kazbah LLC cancels your event, you will be refunded all monies paid towards your event. Should you need to reschedule your event, you may do so at no additional cost up to 2 times with at least a 7 day notice prior to your event. Should you need to reschedule your event with less a 7 day notice or have exceeded your allowable 2 times, you will incur a $50 reschedule fee

 

 

Rental Agreement Play Rules PLAY AT YOUR OWN RISK

  • Children MUST BE supervised by adults AT ALL TIMES while using any of the play equipment.
  • NO shoes of any kind allowed in the soft play area or bounce houses.
  • Absolutely NO PETS on the play equipment
  • NO food, drink or chewing gum on or around any of the play equipment. This will avoid a choking risk and keep the unit clean.
  • NO playdough, face paint, chalk, slime, markers, crayons, sharp objects, party poppers, colored streamers or silly string to be used either on or near the equipment. (Please note these products will cause damage to the Inflatable that cannot be repaired)
  • NO diving or throwing balls out of the ball pit
  • Always ensure that the inflatables are not overcrowded, and limit numbers according to the age and size of the children using it. Avoid large and small children from using it at the same time.
  • Adults and children cannot be on the bounce houses at the same time.
  • Ensure Children are not pushing, colliding, flipping, fighting or behaving in a manner likely to injure or cause distress to others.
  • If your rental has a slide, it must be used by occupants one person at a time and no climbing up or jumping down the slide.
  • Play areas are designed for children 1-5 years only!
  • DO NOT move/remove equipment from play area
  • DO NOT play if you are pregnant or have physical issues
  •  

The Renter/Client Understands that:

I am responsible for following the rules and safe procedures mentioned above by White Kazbah LLC in order to protect the equipment and provide a safe environment for me, my heirs, my guests and any other individuals who will have access to White Kazbah LLC playground & soft play equipment while it’s in my possession.

I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS White Kazbah LLC, their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees). Injuries (including disabilities, paralysis and death) and expenses arising out of or resulting from my voluntary attendance/participation at White Kazbah LLC.

If there is any damaged or stolen equipment, I will be charged at an appropriate amount, i.e., cost of repair or replacement.

I also acknowledge the risks involved in White Kazbah LLC playground and soft play equipment. These include but are not limited to any CHOCKING HAZARDS, FALLING, BREAKING ETC. while in use. I understand that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.

By signing below, I forfeit all rights to bring a suit against White Kazbah LLC AND AFFILIATES for any reason. In return I will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the White Kazbah LLC playground and soft play experience positive, I have read, heard, and understand safety rules and understand that I will ask for clarification when
needed.

I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for.

Customer agrees to the following terms:

  1. The Equipment will be returned in the same condition as it was received with only ordinary wear and accepted.
  2. Customer grants White Kazbah LLC the right to enter Premises of Customer at a reasonable time to set up, tear down, repair, or remove the Equipment. Further, the Customer agrees that it has the right to allow White Kazbah LLC to access the premises. If Customer is not the owner or Customer of the premises, a person with legal authority to permit White Kazbah LLC to enter the premises must be a signatory to this Agreement.
  3. For safety reasons, stakes & sandbags are used to support Equipment. Customer is responsible for selecting location, and any damage incurred to sprinklers, pipes, cable etc. will be Customer’s responsibility.
  4. White Kazbah LLC and affiliates shall not be held responsible for any grass damage.
  5. Only White Kazbah LLC and affiliates are allowed to attach balloons, signs, or other ornaments to the Equipment.
  6. Customer agrees to reimburse White Kazbah LLC for all attorney fees, court costs, and expenses incurred by White Kazbah LLC to enforce collection or to preserve or enforce rights under this contract.
  7. Customer agrees not to loan, sublet or otherwise dispose of Equipment or use it at any other location.
  8. Customer agrees to pay in full the replacement cost, including labor, for all damages to the Equipment.
  9. ANY DEPOSITS PAID BY CUSTOMER TO WHITE KAZBAH LLC ARE NON-REFUNDABLE. The Non-refundable Deposit is due upon the exeuction of this Agreement.
  10. The Payment Amount above is due in full within one (1) week of the Rental Period.
  11. If Equipment is lost, stolen, or damaged beyond repair, the Customer agrees to pay the actual cost to replace the Equipment plus up to $4,500.00 (Four thousand and five hundred dollars). The Equipment remains the property of White Kazbah LLC.
  12. Overnight Rentals: The Customer understands and acknowledges that the blower is to be removed from the Equipment device and locked up in a secure location overnight.
  13. Customer agrees to ensure that all users (and users’ guardians) of the rental go over and read all rules and sign any necessary liablity waivers.
  14. Customer may elect to have an agent of White Kazbah LLC at the Premises during the Rental Period (the “Safety Control Person”). The Safety Control Person will assist with the operation of the Equipment during the Rental Period. The Safety Control Person will assist in the enforcement of the rules and regulations outlined in this Agreement. Electing to have a Safety Control Person does not relieve the Customer of any of its obligations, including indemnification of White Kazbah LLC, under this Agreement.
  15. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THE CUSTOMER RENTING THIS EQUIPMENT FROM WHITE KAZBAH, LLC WILL BE HELD RESPONSIBLE AND LIABLE FOR ANY AND ALL DAMAGE OR INJURY OCCURRING FOR ANY REASON WHATSOEVER. THE CUSTOMER HAS READ THE ABOVE AGREEMENT AND FULLY UNDERSTANDS AND ACCEPTS THE CONDITIONS AS ABOVE. THE CUSTOMER IS AWARE THAT WHILE IN MY CARE, THE CUSTOMER IS FULLY RESPONSIBLE FOR THE EQUIPMENT AND WILL PAY FOR ANY LOSS OR DAMAGES THAT MAY OCCUR.
  16. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PLAY ON AN AMUSEMENT DEVICE ENTAILS BOTH KNOWN AND UNKNOWN RISKS, INCLUDING, BUT NOT LIMITED TO, PHYSICAL INJURY FROM FALLING, SLIPPING, CRASHING, OR COLLIDING, EMOTIONAL INJURY, PARALYSIS, DISTRESS, DAMAGE, OR DEATH TO ANY PARTICIPANT. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD WHITE KAZBAH, LLC 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 EQUIPMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, THE MANUFACTURE, SELECTION, DELIVERY, POSSESSION, USE, OPERATION, OR RETURN OF THE EQUIPMENT. CUSTOMER HEREBY RELEASES AND HOLDS HARMLESS WHITE KAZBAH, LLC FROM INJURIES OR DAMAGES INCURRED AS A RESULT OF THE USE OF THE EQUIPMENT. WHITE KAZBAH, LLC CAN NOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE FOR INJURIES AS A RESULT OF INAPPROPRIATE USE, GOD, NATURE, OR OTHER CONDITIONS BEYOND ITS CONTROL OR KNOWLEDGE. THE CUSTOMER ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS WHITE KAZBAH, LLC FROM ANY LOSS, DAMAGE, THEFT, OR DESTRUCTION OF THE EQUIPMENT DURING THE TERM OF THE RENTAL AND ANY EXTENSIONS THEREOF. IN THE EVENT THAT THE RELEASE AND HOLD HARMLESS AS CONTAINED HEREIN IS HELD UNENFORCEABLE FOR ANY REASON, CUSTOMER HERBY AGREES TO A LIMIT ON ANY DAMAGES CLAIMED BY CUSTOMER TO THE TOTAL PAID TO THE CUSTOMER FOR THE EQUIPMENT. CUSTOMER IS SOLELY RESPONSIBLE FOR THE SAFTEY OF INVITEES TO THE PREMISES.
  17. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to the provisions, policies or principles thereof relating to the choice or conflict of laws. Any dispute arising under or relating to this Agreement shall be brought exclusively in the courts within Palm Beach County, Florida, and the Parties expressly consent to jurisdiction therein.
  18. This Agreement may not be amended, nor may any rights under it be waived except by an instrument in writing signed by both parties.

Photo Booth Rental Contract

WHITE KAZBAH PHOTO BOOTH

TERMS

This agreement is between WHITE KAZBAH LLC, hereinafter referred to as the "Photographer", and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.

AGREEMENT

This agreement contains the entire understanding between the Photo Booth and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

Coverage: Photo Booth Coverage will begin at the specified time, and continue for the number of hours purchased, contiguously.

Change of Date or Venue: The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.

The Photographer kindly asks that the Client get in touch with the Photographer One day prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.

Access & Event Location: Booth location must also be in a room with no less than an 8' clearance. Minimum door width for booth access is 28". Placement of booth can only be on level, hard and smooth surfaces such as tile, hardwood, concrete, carpeted room, etc. Grass surface, uneven stone surfaces or bare dirt are not acceptable and client will be notified of the inadequate environment and given the opportunity to choose a more acceptable location for the booth. We require one 110/120-volt grounded power outlet within 15' of booth location.

Retainer: A retainer fee of $250 is required for all portrait sessions. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

Cancellation: There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within one week of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.

Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.

Clients are responsible for all location fees and permits.

Copyright: Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.

Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on a storage device, Clients will be given a written release to make personal copies of images from storage devices. The client understands the images given on storage devices cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.

Operation: There is a possibility of booth down time at your event in order for Photographer to change necessary operating media (photo paper, toner, etc.) and is expected to take approximately 5-10 minutes. This time is figured into the total rental period and will not be credited to client.

Forced Idle Time: If Photographer cannot remove photo booth from the event at the conclusion of the contracted time client will be billed at the standard idle time rate of $200 per hour till the booth can be removed without affecting the event in a negative manner.

Exclusive Photographer: The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

Event Food Service: A light meal is required for events up to 6 hours for the Photographer. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the event to purchase a meal.

Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

Creative License: Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.

Print Design Approval: Photographer will email a proof of your print design before your event. Please examine your proof carefully. Once you approve the proof for your event Photographer is not responsible for any errors.

Model Release: The Client grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Force Majeure: If the Photo Booth or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.