5280 Jumpers llc Rental Agreement, Release and Acknowledgment of Risks

 

In consideration of the use by the Lessee of the Leased Property described above, and for and in consideration of the payment by the Lessee to 5280 Jumpers llc (hereinafter referred to as "Lessor"), and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Lessor and Lessee, each intending to be legally bound, agree as follows:

 

 

 

 

 

 

 

 

• Lessor agrees to deliver to Lessee the leased property described above at the approximate times specified above. Lessee hereby grants unto Lessor the right to enter said property to pick up and deliver the lease property. Lessee agrees to indemnify, hold harmless and release Lessor from any damage resulting from the delivery, set up, use or removal of the leased property.

• The Lessee does hereby acknowledge that the activity to be engaged in through the Lessee's rental of an inflatable, interactive amusement device brings with it both known and unanticipated risks to Lessee, Lessee's guests and invitees. Those risks include, but are not limited to, falling, slipping, crashing and colliding and could result in injury, illness, disease emotional distress, death and/or property damage to Lessee, Lessee's guests and invitees. Lessee further agrees to advise all guests, invitees and users of the lease property of the risks described above prior to the delivery of the lease property by Lessor.

• The Lessee does hereby voluntarily release and agree to indemnify and hold harmless the Lessor, as well as the Lessor's agents, employees or affiliates, from any and all liability, claims, demands, actions or rights of actions, whether personal to Lessee or to a third party which are related to, arise from, or are in any way connected to Lessee's rental of the lease property, including those allegedly attributable to negligent acts or omissions. Lessee further agrees to reimburse any reasonable attorneys fees and costs which any be incurred by Lessor or Lessor's agents, employees or affiliates in defense of any such liability claim, demand actions or right of action.

• The Lessee and any participating parties agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement are to be settled by binding arbitration in the state of Colorado. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the entertainment and rental industry, picked by 5280 Jumpers LLC, and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.

• Lessee hereby acknowledges that the lease property may be attractive to minor children and other persons. Lessee agrees to supervise the leased property and the use of the leased property at all times when the leased property is in the Lessee's possession. Lessee also acknowledges that he or she has read and understands the "Rules" governing the use of the lease property, which is attached to this agreement. Lessee further agrees to advise all guests, users of the leased equipment and invitees of the aforementioned rules. Lessee further agrees to follow the aforementioned rules and to require all guests, users and invitees of the leased equipment to follow these rules at all times.

• Lessee hereby acknowledges that he or she has sufficient homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage, which might result to myself, my guests, or my invitees from the use of the lease property or the pickup and delivery of the leased property.

• Lessee hereby agrees to pay for any damage caused by failure to follow “Rules” governing the use the lease property.

• Lessee agrees that in the event that any portion of this agreement is deemed by a Court of competent jurisdiction to be void or unenforceable, the validity of the remainder of the agreement will not be affected in any way.

• Lessee acknowledges and certifies that he or she has had sufficient opportunity to read this entire agreement and the attached "Rules", that the lessee has executed this document freely, intelligently and without any duress of any kind and that the Lessee agrees to be bound by its terms.