TKS Rentals, LLC Terms and Conditions:

  1. Identity of Parties

For the purposes of these Terms and Conditions and General Release, “TKS Rentals” shall mean “TKS Rentals LLC”, its owners, officers, directors, shareholders, employees, contractors, agents and “Customer” shall mean the person(s) or company listed within the rental invoice, as well as the person acknowledging the agreement (if different), and their agents and/or employees.

  1. Safety/Operating Instructions:

In addition to the information set forth in these Terms and Conditions, Customer acknowledges that there may be safety, installation, operation or use instructions with the delivered equipment and Customer agrees to read those instructions and install, operate and use the equipment, or allow the equipment to be installed, operated or used, in accordance with those instructions.  Customer further acknowledges and understands that TKS Rentals has not agreed to nor has TKS Rentals provided any operators with the rented equipment, and that Customer is solely responsible for the correct and safe installation, operation and use of this equipment.  Customer further agrees to keep all equipment away from swimming pool(s) and any water supply, unless equipment is designed and rented for wet use, as indicated on the invoice.  By agreeing to these Terms and Conditions, Customer acknowledges that there is a risk of injury or damage, including property damage and serious personal injury or death, arising out of the installation, operation or use of this equipment.  Customer agrees to enforce all safety rules for the correct, safe installation, operation and use of all equipment, and to assume any and all risk of injury (including serious personal injury or death) or damage (including property damage) that arises from the installation, operation or use of the equipment.  In particular, Customer will not permit the equipment to be installed, operated or used by anyone who is not fully qualified and who has not received instruction from Customer on the safe installation, operation or use of the equipment, nor shall Customer allow any person to install, operate or use the equipment when it is in need of repair or when the equipment is in an unsafe condition or situation.

  1. General Release/Indemnity/Hold Harmless:

Customer will take all necessary precautions regarding the rented equipment, and protect all persons and property from injury or damage.  Customer acknowledges that Customer is in charge of the installation, operation and use of the equipment, and are fully responsible for its safe installation, operation and use, as well as the return of the equipment in good working order.  Customer acknowledges and agrees that TKS Rentals is not responsible for any injury occurring to Customer, any guests, invitees, or trespasses of Customer or to any other persons using the equipment, or to any claims by any other person(s) injured by or on account of the equipment, while the equipment is in the possession or control of the Customer.  Customer agrees to defend, indemnify and hold harmless TKS Rentals from and against any and all liability, claims, judgments, attorneys fees, and costs, of every kind and nature, including but not limited to, injuries or death to persons and/or damage to property, whether or not such claimant is known or unknown to Customer, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the equipment, however caused, but with such claim arising while or such injury or damage occurring while such equipment is in the actual or constructive possession of Customer.  These General Release, Indemnity and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of the negligence, whether active or passive, of TKS Rentals or TKS Rental’s suppliers, agents, employees, contractors, drivers or installers.  Customer further acknowledges that TKS Rentals is not a food supplier or handler, and that any food related items, such as popcorn, which may be supplied with the equipment, is a straight pass through by TKS Rentals to Customer.  Since this additional service is provided to Customer as a courtesy by TKS Rentals and so long as TKS Rentals advises Customer, in writing, after Customer requests, with the name and address of the supplier of any specific item, Customer specifically agrees to waive and release, indemnify and hold TKS Rentals harmless from and against any and all claims of whatever kind or nature arising out of or involved with the food items supplied.

TKS Rentals is not responsible for damage to underground utilities, whether publicly or privately owned, which includes but is not limited to underground sprinkler, gas, water, electric or telecommunication systems, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the equipment, however caused, but with such claim arising while such damage occurring while such equipment is in the actual or constructive possession of Customer.  

  1. Equipment, Rent, Payment and Term of Rental:

Customer rents from TKS Rentals certain equipment described within the rental invoice.  The rental fee set forth is payable, in full, in advance, and the rental term shall be listed on the rental invoice, but all of Customer’s obligations arising under these Terms and Conditions shall run from actual delivery of the rental equipment to the actual pick up of the rental equipment by TKS Rentals.  TKS Rentals cannot guarantee weather conditions, and if the equipment is delivered by TKS Rentals and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if weather conditions prohibit safe use of the equipment, or if Customer otherwise elects not to use the equipment due to weather or other causes.  A $50.00 (fifty dollar) non-refundable deposit is due from Customer upon booking to secure rental equipment on requested rental date and is credited towards the total balance due.  Total invoiced amount is due one (1) day before event date, as listed on the rental invoice.  The card on file will be automatically charged the remaining balance on the event date if not paid in full.  If Customer wishes to reschedule, the deposit will be held and credited towards another date of the Customer’s choosing, so long as the requested equipment is available on requested reschedule date.  A 3% (three percent) processing fee is included for all payments. 

  1. Delivery:

TKS Rentals shall deliver the rental equipment to the street address (Delivery Address) specified by Customer as listed on the rental invoice.  Customer grants TKS Rentals the right (or shall obtain such right from property owner) to enter the property at the said street address (Delivery Address) for delivery, and required set up, if any, and for subsequent pick up of the equipment and any associated equipment or packing materials at the approximately specified times.

  1. Receipt/Inspection of Equipment:

Customer hires the rental equipment on an “as is” basis.  Customer acknowledges that Customer has inspected the equipment and will personally inspect the rental items prior to its install, operation or use, and will read the operating/safety instructions prior to use.  Customer specifically agrees that such equipment will not be used if Customer finds that it is not suitable for Customer’s needs.  Customer acknowledges receipt of all items listed in the rental invoice, and that they are in good working order.

  1. Possession/Title:

Customer’s right to possession of the equipment begins upon the equipment being delivered to Customer’s desired delivery address as stated on this invoice and terminates when the equipment is loaded after pick-up by TKS Rentals.  Retention of possession, or any failure to permit the pick-up of the equipment at or after the end of the rental period specified constitutes a material breach of these Terms and Conditions.  In the event that the equipment is not returned for any reason, including theft, Customer is obligated to pay TKS Rentals the full replacement value for such equipment as listed on the rental invoice, plus any and all incidental costs associated with the attempted pick up or recovery of the equipment by TKS Rentals.  Title to the equipment is and shall remain with TKS Rentals.  Customer agrees to keep the equipment in his/her/their custody and control from the time of TKS Rental’s delivery of the equipment, until TKS Rentals loads up such equipment.  Customer shall not cause nor permit the equipment to be sublet, rented, sold, or removed from the delivery address, or otherwise transferred.  If equipment is not returned and/or levied upon for any reason whatsoever, TKS Rentals may retake possession of said equipment without further notice or legal process and use whatever force is reasonably necessary to do so.  Customer hereby agrees to indemnify, defend, and hold TKS Rentals harmless from any and all claims and costs arising from such retaking and/or levy.  If equipment is levied upon, or otherwise moved from delivery address, Customer shall notify TKS Rentals immediately.  Customer will be charged up to five-thousand-dollars ($5,000.00) for loss or damages to equipment, plus legal fees.

  1. Care of the Equipment:

Remove shoes at all times before entering inflatable equipment.  Customer shall be responsible for any and all damage to any of the equipment not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper installation, operation or use of the equipment.  Inflatable equipment will not be set-up in the event of rain or the threat of rain, or in the event of high winds or the threat of high winds, which TKS Rentals shall have the sole discretion to determine.  Additionally, ordinary wear and tear includes, but is not limited to, cutting or tearing of vinyl or netting; damage due to overturning; overloading; exceeding rated capacities; breakage; improper use; abuse, lack of cleaning; lack of drying due to equipment being exposed to rain, sprinkler system, hoses, super soakers, etc.; contamination of or dirtying of equipment with non-approved items such as chemicals, food, paint, silly string (see Paragraph 10), mud, clay, or other materials.

  1. Equipment Problems:

Should any equipment develop a problem, or does not function correctly at any time, or Customer does not understand any of the installation, operating or use instructions, Customer agrees to immediately cease use of that equipment.  In particular, if the equipment includes an inflatable and the inflatable begins to deflate, Customer will immediately have the users/riders exit the inflatable and then check for the following conditions:

  • The motor/blower has stopped; in which case check the power connection at where the equipment plugs into the power source to make sure that it has not been disconnected.
  • If motor/blower continues to run, check for blockage of the air intake screen on the side of the blower.  Also, check that all air tubes on the inflatable equipment for snugness and tighten the ties, if necessary, or if disconnected, re-connect the air tubes to the blower.
  • If either of these steps corrects the problem, fully re-inflate the inflatable equipment prior to permitting anyone to use the equipment. 
  • If you cannot correct the problem, call TKS Rentals at 636-422-9949.
  1. Specific Rules and Instructions for Inflatables:

The following rules and warnings must be obeyed in the use of an inflatable equipment:

  • All safety and operating instructions contained on the inflatable equipment must be complied with and followed at all times. 
  • ADULT SUPERVISION IS REQUIRED AT ALL TIMES!  A responsible ADULT (18 years of age or older) must supervise the inflatable equipment at all times.  No one shall install, use, operate, supervise or enter the inflatable, if under the influence of ALCOHOL, DRUGS or any other legal or illegal drug or substance.  
  • No one should enter the inflatable with any type of preexisting health condition or existing injury.
  • No “Silly String” is permitted to come in contact with the inside or outside of the inflatable equipment as this causes irreparable damage to the inflatable equipment.  Customer acknowledges that if the inflatable is damaged by “Silly String” or any product similar to “Silly String”, or damaged in any way, then up to a five-thousand-dollar ($5,000.00) fee shall be automatically imposed and collected by TKS Rentals and shall be immediately due and payable by Customer.
  • Users/riders must remove items such as glasses, dangle earrings, anklets, bracelets, belts, shoes, and any sharp or bulky items that may reside in pockets before entering the inflatable equipment.
  • No horseplay in or around inflatable equipment at any time.  Do not play or climb on outside walls, netting, side column, basketball hoops or roof of inflatable equipment.
  • WARNING – extra caution and supervision is required for children ages three (3) and under. 
  • WARNING – it is unsafe to stay in inflatable if winds exceed fifteen (15) miles per hour (MPH) or raining or threat of rain.  Have all persons exit inflatable equipment, then unplug the motor/blower unit, remove from exposure to rain and let inflatable equipment deflate.
  • WARNING – Individuals with head, neck, back or other muscular-skeletal injuries or disabilities, pregnant women, small infants, and others who may be susceptible to injury from falls, bumps or bouncing are not permitted in the inflatable equipment at any time.
  • Do not move the inflatable equipment from the location where set-up.
  • If the inflatable equipment moves, pull corners back to their original locations and secure.  For other questions regarding the installation of equipment, please call TKS Rentals at 636-422-9949 immediately.
  • Do not let inflatable equipment rub up against any surface. 
  • Absolutely no food or drinks inside the inflatable equipment.
  1. Limited Warranty:

TKS Rentals warrants that the rental equipment leased under these Terms and Conditions will be in good working order when delivered.  All equipment is supplied and maintained subject solely to this warranty.  TKS Rental’s sole and exclusive obligations under this warranty is limited to repair or replacement of the equipment when TKS Rentals determines that it does not conform to this warranty.  If TKS Rentals is not able to repair or replace the equipment, TKS Rentals will issue a refund for the rental invoice amount, less any applicable processing fees.  TKS Rentals makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied.  There is no warranty or representation that the equipment is fit for Customer’s particular intended use, or that it is free of latent defects.  TKS Rentals shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the equipment.  TKS Rentals shall not be responsible for any defect or failure unknown to TKS Rentals at the time of delivery.  The maximum liability of TKS Rentals shall not exceed the invoice amount related to the equipment being rented by Customer.

  1. Non-Disparagement: 

Customer covenants and agrees that Customer shall not engage in any pattern of conduct that involves the making or publishing of written or oral statements or remarks (including, without limitation, the repetition or distribution of derogatory rumors, allegations, negative reports or comments) which are disparaging, deleterious or damaging to the integrity, reputation or good will of TKS Rentals, its management, or of management of corporations affiliated with TKS Rentals.  This includes making such comments on any social media platforms. 

  1. Compliance with Laws:

Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner.  Customer agrees that it is at his/her/their sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the equipment during the rental period.  Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer’s use of the equipment, including any subsequently determined to be due.  Customer is solely responsible for obtaining any/all permits and/or licenses from the appropriate government agencies prior to use. 

  1. Legal Fees:

In the event that an attorney is retained to enforce any provision of these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.

  1. Customer Acknowledgment:

Customer acknowledges and certifies that they have had a sufficient opportunity to read all Terms and Conditions, and agrees to be bound by all the Terms and Conditions and that they understand its content and that they execute it freely, intelligently and without duress of any kind.

  1. Severability:

If any of the Terms or Conditions are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining Terms and Conditions shall stay in full force and effect.

  1. Entire Agreement:

These Terms and Conditions constitutes the full agreement between TKS Rentals and Customer. Any prior agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force of effect. The receipt of the equipment that is the subject of these Terms and Conditions and General Release and the fact that it is in good working order is acknowledged by Customer.  Inflatable Safety and Usage Rules, as detailed below, in addition to these Terms and Conditions, must be complied with at all times. 

Inflatable Safety and Usage Rules:

  • All safety and operating instructions contained on the inflatable equipment must be complied with and followed at all times. 
  • Always operate equipment under adult supervision.  A responsible adult (18 years of age or older) must supervise the equipment at all times.
  • No one shall install, use, operate, supervise or enter the inflatable if under the influence of alcohol, drugs or any other legal or illegal drug or substance.
  • No one shall enter the inflatable with any type of existing injury or preexisting health condition.  Individuals with preexisting health conditions or existing injuries are not permitted in or on inflatable at any time.
  • Only compatible age groups and sizes shall play on the inflatable equipment at the same time.
  • Extra caution and supervision is required for children ages three (3) and under.
  • Shoes, glasses and jewelry must be removed prior to using inflatable equipment.
  • Pockets should be emptied before using inflatable equipment.
  • No flips, wresting, piling or horseplay.
  • Silly string, face paint, confetti, gum, food, drinks, glitter, sprays or other sticky substances are not permitted on or in the inflatable equipment.
  • No sharp objects allowed inside or around inflatable equipment.
  • No smoking on or around inflatable equipment.
  • No BBQ’s, grills, fireworks or open fires around inflatable equipment.
  • No bouncing against the sides or near the doorway of the inflatable equipment.
  • Do not jump on the inflatable step area of the equipment.
  • Stay off netting at all times.
  • No climbing on the inflatable equipment is allowed.
  • No hanging from the roof or basketball hoop (if equipped) of the equipment is allowed.
  • Immediately exit the inflatable equipment should it begin to deflate.
  • It is unsafe to stay in inflatable if winds exceed 15 miles per hour (MPH) or raining or threat of rain.  Have all persons exit inflatable equipment, unplug the motor/blower unit, remove from exposure to rain and let inflatable equipment deflate.
  • On slides, riders/users must always go down feet first.
  • Socks must be worn at all times unless equipment is a wet slide type.
  • Failure to follow these guidelines will result in the imposing of an additional cleaning fee of no less than two hundred dollars ($200.00) or up to a five-thousand-dollar ($5,000.00) replacement charge.