Tikes Toybox, LLC Rental Agreement & Waiver of Liability
When renting children’s playground and soft play equipment from Tikes Toybox LLC, the renter is responsible for taking all necessary precautions to prevent injury or damage to the equipment. By renting the equipment, the renter agrees to use it at their own risk and assumes all liability for any injuries or harm caused to themselves or others. Safety instructions must be followed at all times.
I understand and acknowledge that the use of Tikes Toybox 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 various circumstances, including the misuse of equipment or facilities.
Assumption of Risk
I am using Tikes Toybox LLC children’s 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 heir’s representative) about to voluntarily engage in as a participant and volunteer bears certain known risks and unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to myself, or spectators or third-parties. I assume full responsibility for all risks that may arise from using the equipment of Tikes Toybox LLC.
I, the renter, understand that insurance for liability, health, and medical or disability coverage in any way related to equipment rental under this agreement is the renter’s sole responsibility. 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 before use of the playground and soft play equipment.
Release, Indemnify, and Defend
I hereby release, waive, discharge, and hold harmless Tikes Toybox 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 Tikes Toybox LLC playground and soft play equipment.
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and 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 damages to equipment resulting from me, my guests, invitees, heirs, or others’ actions, neglect, or recklessness. I will be held liable for all costs associated with these damages.
I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives
I, the renter, expressly agree that this release is intended to be as broad and inclusive as permitted by the state of Michigan laws and that this release shall be governed and interpreted by the law of Michigan. Renter agrees that any clause or provisions of this release shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable.
If you plan to set up at a park, please contact us and the park beforehand to determine the requirements. For outdoor setups, we strongly recommend a shaded area or a suitable covering, such as a canopy tent or pavilion, as the soft play equipment can get extremely hot in direct sunlight. Failure to provide a shaded area or covering may result in the inability to use the play area, and we do not offer refunds for this. We will provide a tarp, but please ensure the ground is flat, dry, and clear of glass and debris. We do not set up on dirt, gravel, or rocks under any circumstances. If we arrive and any of these conditions are present, we will not set up and you will forfeit all payments. We communicate these requirements to maintain the equipment in excellent condition for your enjoyment and for the enjoyment of future customers.
Tikes Toybox can charge a $150 cleaning fee to your card on file if the following has not been adhered to A). Ballpit balls are back in the play area B). No stains, spills, or food in the play area or on play equipment C). Equipment must be removed or moved with prior approval from Tikes Toybox D). The equipment is dry. We allow you to pay with a different method before charging the card on file. Don’t worry. We have provided a for sure solution to avoid any fees; you can reserve a party attendant for your event at only $75 for 4 hours ($20 for each additional hour). The Tikes Toybox party attendant will be present, making sure your children not only have fun and participate in beneficial play but do so safely. The attendant will also be on hand to ensure that Tikes Toybox play area rules are upheld during your scheduled event. Although it is optional, it is highly advised that you add an attendant to your event, as we understand that as a party host, it’s impossible to be in all places simultaneously!
If you cancel your event more than seven days before the scheduled date, you will lose your non-refundable deposit. If you cancel your event with seven days or less notice, you will lose your non-refundable deposit and all other payments minus our $100 cancellation fee will be returned. If you haven’t made any other payments, we will charge your card on file $100. We allow you to pay with other payment methods as well. If we cancel your event for any reason except rain, we will refund all payments. You may reschedule your event up to two times without an additional cost, as long as you give at least one week’s notice. If you need to reschedule with less than one week’s notice or have already rescheduled twice, there will be a 20% rescheduling fee.
Rainy Day Policy:
If you have an outdoor soft play event, I would strongly suggest that you have an indoor alternative. Tikes Toybox staff will not set up outdoors during heavy rain, thunder, or lightning, which may cause your event set-up time to be pushed back. If it rains the day of your occasion but stops before your event time, we will not set up on wet grounds as it causes damage and heavy stains to our equipment. We highly suggest you reschedule your event for the next available date. If you decide to reschedule your event upon our availability, all monies will be transferred to your new date and time. If you choose to cancel your event and not reschedule, you will forfeit your non-refundable deposit, but all other monies will be refunded to you. This is why we emphasize that you have an indoor alternative.
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 baby/toddler area, trampolines, or bounce houses!!!
- Absolutely NO PETS on the play equipment
- No food, drink, or chewing gum on or around the play equipment. This will avoid a choking risk and keep the unit clean.
- (Please note if the Inflatable of soft play is collected in a dirty condition, then the person hiring it will incur a cleaning charge)
- No playdough, facepaint, slime, markers, crayons, sharp objects, party poppers, colored streamers, or silly string to be used 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
- Please always ensure that the Inflatables are not overcrowded, and limit numbers according to the children’s age and size. Try to prevent large and small children from using it simultaneously.
- Please ensure Children are not pushing, colliding, fighting, or behaving in a manner likely to injure or cause distress to others.
- Play areas are designed for children 0-5 years unless otherwise discussed in advance!
- Do not remove equipment from the 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 TIKES TOYBOX L.L.C. to protect the equipment and provide a safe environment for me, my heirs, my guests, and any other individuals who will have access to TIKES TOYBOX LLC playground & soft play equipment while it’s in my possession.
I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE, AND HOLD HARMLESS TIKES TOYBOX L.L.C., 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 from my voluntary attendance/participation at TIKES TOYBOX LLC.
If there is any damaged or stolen soft play equipment, I will be charged an appropriate amount, i.e., the cost of repair or replacement.
I also acknowledge the risks involved in TIKES TOYBOX LLC playground and soft play equipment. These include but are not limited to CHOCKING HAZARDS, FALLING, BREAKING ETC. While in use. I understand that I am participating voluntarily and that all risks have been clarified. 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 TIKES TOYBOX L.L.C. 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 TIKES TOYBOX playground and soft play experience positive, I have read, heard, and understand safety rules and understand that I will ask for clarification when
I fully understand this Assumption of Risk, Waiver, and Release from Liability and 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