Tikes Toybox, LLC Rental Agreement & Waiver of Liability

It is the responsibility of the person or organization hiring Tikes Toybox 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 Tikes Toybox 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 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 a variety of circumstances including the misuse of equipment or facilities.

Assumption of Risk
I am choosing to use Tikes Toybox 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 Tikes Toybox LLC.

Insurance

I, the renter understand 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 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.

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 Michigan and that this release shall by governed and interpreted in accordance with the laws of the state of Michigan. 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 will 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 shaded area is available, we will NOT set up. If needed we have tents that can be added as an add-on. A tarp will be provided, but please make sure the ground is flat, dry, and clear from glass and debris. We do not set up on dirt, gravel, or rocks, NO EXCEPTIONS.

Cleaning Fee:

Tikes Toybox will charge a $150 cleaning fee to your card on file if the following has not been adhered to A). Ballpit ball are back in the play area B). No stains, spills, or food are in play area or on play equipment C). Equipment is not to be taken apart or moved without prior approval from Tikes Toybox D). Equipment is dry. 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 $50 for 4 hours ($10 each hour after). The Tikes Toybox party attendant will be present making sure your children not only have fun and participate in beneficial play, but to do so safely. The attendant will also be on hand to ensure that Tikes Toybox play area rules are being upheld during your scheduled event. Although it is not mandatory, it is highly advised that you add on an attendant to your event as we understand that as a party host, it’s impossible to be in all places at the time same!

Cancellations:
If you cancel your event with more than 1 weeks notice prior to your scheduled event, you will forfeit your $50 non-refundable deposit portion however all other monies shall be refunded to you. If you cancel your event with 1 week or less notice of your scheduled event you will forfeit your $50 non-refundable deposit and all of your monies minus our cancelation fee of $50 shall be refunded to you. In the event that you haven’t made any other payments towards your owed balance we will charge your card on file $50 for our cancelation fee. If Tikes Toybox cancel 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 1 week notice prior to your event. Should you need to reschedule your event with less than 1 week notice or have exceeded your allowable 2 times, you will incur a $50 reschedule fee.

Rainy Day Policy:

If you have an outdoor soft play event, it is heavily advised that you have an indoor alternative. Tikes Toybox staff will not set up outdoors during heavy rain, thundering, or lightening which may cause your event set up time to be pushed back. In addition we also reserve the right to cancel your reserved party attendant and you will be required to provide a $150 refundable deposit if you choose to continue with your event. In the case that you still choose to have Tikes Toybox set up for your event, you will not be refunded any monies or discounts for non use of our play equipment due to weather conditions. We highly advise that you reschedule your event for a different day as having your event during a rainy day substantially increases the risk of losing your $150 refundable deposit. No matter the weather condition(s), please note that our play rules are in full effect if you choose to proceed with your outdoor event during adverse weather conditions. If you decide to reschedule your event upon our availability, all monies will be transferred over to your new date and time.   If you choose to cancel your event and not reschedule you will forfeit your non-refundable deposit, however all other monies will be refunded to you (this is ONLY in the case of inclement weather).  If you choose to cancel your event for other reasons, please see our cancelation policy.   

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. SOCKS must be worn at all times!!!
  • 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. (Please note if the Inflatable 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 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. Try to avoid large and small children from using it at the same time.
  • 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 only!
  • Do not 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 TIKES TOYBOX L.L.C. 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 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 out of or resulting from my voluntary attendance/participation at TIKES TOYBOX LLC.

If there is any damaged or stolen soft play equipment I will be charged at an appropriate amount, i.e. 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 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 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
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

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