Terms and Agreements

The terms Lessor and Lessee which expression shall wherever the context so required or permits; unless it is inconsistent to the meaning or repugnant thereto, shall include its executors, administrators, representatives, assignors, successors-in-interest and persons deriving title from or under them.

AND the terms Lessor and Lessee may collectively and individually be referred to as the ‘Parties’ and ‘Party’ respectively, where applicable.

Recitals

WHEREAS, the Lessor is engaged in the business of renting inflatable bouncy castles for recreational purposes;

AND WHEREAS, the Lessee desires to rent a bouncy castle from the Lessor for a specified period;

AND WHEREAS, both parties desire to set forth the terms and conditions governing the rental of the bouncy castle;

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms:

Definitions:

“Agreement” shall mean this Bouncy Rental Agreement, inclusive of all its annexures, schedules, and amendments.
1. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
2. “Documentation” means Paper Documents (or Electronic Files) and Legal Documents created in perusal of this Agreement;
3. “Effective Date” means the date of execution of this Agreement;
4. "Equipment" includes, but is not limited to, inflatable structures, bounce houses, water slides, and related accessories as detailed in the inventory attached hereto as Schedule A.
5. “Exhibit” means any other document attached to the main body of this Agreement;
6. "Inspection Period" refers to the time allotted to the Lessee to inspect the Equipment for any defects or issues on delivery;
7. “Delivery and Setup” means the transportation and installation of the Equipment by the Lessor at the location specified by the Lessee;
8. "Delivery and Pickup Location" denotes the address specified by the Lessee, where the Equipment will be delivered at the commencement of the Rental Period and picked up at the conclusion of the Rental Period;
9. “Lessee” means the person who has engaged CASTLE GENIE INC. under these terms to rent Equipment in exchange for payment;
10. “Lessor” means Castle Genie Inc., its employees, directors, officers, assigns, agents, and successors;
11. "Rental Period" shall denote the duration for which the Equipment is rented, commencing from the date and time and concluding at the date and time specified herein;
12. "Rental Fee" refers to the monetary consideration payable by the Lessee to the Lessor for the rental of the Bouncy Equipment;
13. “Rules and Regulations” refer to the guidelines provided by the Lessor regarding the safe and proper use of the Bouncy Castle. The Lessee agrees to abide by these rules during the Rental Period;
14. “Security Deposit” is a refundable amount paid by the Lessee to cover any potential damages to the Bouncy Castle. It shall be returned to the Lessee forthwith after the end of the Rental Period, subject to the terms of this Agreement and any other reasonably anticipated constraints (e.g., third-party processing times, bank hours, etc.);
15. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment;

Equipment:

The Lessee agrees to rent from the Lessor certain Equipment and related accessories as detailed in the inventory attached hereto as Schedule A.

Rental Period:

The term of this rental shall be the term stated in the booking confirmation, but all of the Lessees obligations arising under the terms and conditions of this Rental Agreement shall begin from actual delivery of the Rental Equipment. The Lessee is responsible for ensuring the equipment is ready and available for pickup at the Delivery and Pickup Location at the agreed-on end date.

Rental Fee:

The Lessee agrees to pay the agreed-on rental fee for the use of the Equipment. The Lessee shall make a non-refundable deposit of 25% of the rental fee on booking to secure the Equipment for the agreed-on date. The remaining balance of the rental fee shall be paid 24 hours or 1 day prior to the delivery of the Equipment.
Rental Fee payment must be made through online payment on the Lessor’s website by either Credit Card, PayPal, or any other accepted payment methods.
The Lessee acknowledges that once the Equipment is delivered to Delivery and Pickup Location, the Lessor is thereafter unable to rent/lease out that Equipment for that date and will therefore suffer a loss of income unless the Lessee pays their rental fee. The Lessee agrees that, under no circumstances whatsoever, including but not limited to force majeure or prevention of use of the equipment for any reason within or beyond the control of the Parties, shall there be any refund of the rental fee subsequent to the delivery of the Equipment at the Lessee’s provided address. The Lessee acknowledges and accepts this no-refund policy.
Any additional charges incurred during the rental period, such as damages, losses, late charges or additional rental fee for extended Rental Period, shall be paid within seven (7) days of receiving the Lessor's invoice. If the Lessee fails to make the full payment by the due date, a late fee of 5% shall be applied and accrue on a monthly until the full payment, including any interest is paid by the Lessee to the Lessor.

Security Deposits:

The Lessee shall provide a security deposit in the amount of [insert Amount] ("Security Deposit") to the Lessor on signing this Agreement. The Security Deposit will be used to cover any damages, loss, or additional fees incurred during the rental period.
The Security Deposit will be refunded to the Lessee within seven (7) days after the conclusion of the rental period and simultaneously returning the Equipment back to the Lessor, provided that the Equipment is returned in the same condition it was in at the beginning of the rental period.
In the event that damages or loss occur, the Lessor reserves the right to deduct the cost of repairs or replacement from the Security Deposit. If the total cost exceeds the Security Deposit, the Lessee shall be responsible for paying the remaining balance within seven (7) days of receiving an invoice from the Lessor that details the remaining costs to be paid for by the Lessee for the damages/losses.

Late Charges Fee for Non-Delivery:

The Lessee agrees to make the Equipment available to the Lessor for pickup on or before the agreed-on return date stated in the Agreement.
In the event that the Lessee fails to make the Equipment available for pickup by the specified return date, a late charge fee in the amount of the daily rental fee for the Equipment per day will be assessed for each day the equipment is not made available for pickup.
The late charge fee will be deducted from the Security Deposit, and if the total late charges exceed the Security Deposit, the Lessee shall be responsible for paying the remaining balance within seven (7) days of receiving the Lessor’s invoice for the late charges.
If the Equipment is not returned within seven (7) days after the agreed-on return date and the Lessee has not made arrangements with the Lessor for an extension, the Lessor reserves the right to consider the equipment as stolen, and legal action may be taken to recover the full replacement cost, including civil court proceedings and reporting the theft to police.

Inclement Weather and Cancellation Policy:

The Lessor prioritizes the safety of all users and reserves the right to cancel or reschedule a booking due to inclement weather conditions, including but not limited to rain, thunderstorms, high winds exceeding 15 MPH, or any other weather deemed unsafe by the Lessor.

Cancellation by Lessor:
- If the Lessor cancels a booking due to inclement weather prior to delivery, the Lessee will be offered the following options:
  - Reschedule the booking for an alternative date within six (6) months of the original booking date, subject to availability. Any payments made will be applied to the rescheduled booking.
  - If rescheduling is not feasible, the Lessee’s payments will be applied to any other rental for up to six (6) months after the scheduled date.
Cancellation by Lessee:
- If the Lessee chooses to cancel or reschedule a booking due to anticipated inclement weather, the Lessee must provide notice to the Lessor at least 24 hours prior to the scheduled delivery time. In such cases, the Lessee will be offered the following options:
  - Reschedule the booking for an alternative date within six (6) months of the original booking date, subject to availability and the Lessor's operational feasibility. Any payments made will be applied to the rescheduled booking. The Lessor reserves the right to refuse a rescheduled date if it causes significant operational difficulties.
  - If rescheduling is not feasible, or if the Lessor refuses the rescheduled date due to operational difficulties, the Lessee’s payments will be applied to any other rental for up to six (6) months after the scheduled date.
- Cancellations made by the Lessee with less than 24 hours' notice will be considered as completed orders, and no refunds or rescheduling will be offered.
Weather During Rental Period:
- If inclement weather arises during the rental period, the Lessee is required to immediately cease use of the Equipment, unplug the blower unit, and allow the Equipment to deflate. The Lessee must then contact the Lessor to arrange for early pickup. No refunds will be provided for early pickup due to weather.
Deposit:
- The Lessee acknowledges that the 25% non-refundable deposit is retained by the Lessor in all cancellation circumstances.
General:
- The Lessor will make reasonable efforts to monitor weather conditions and communicate any potential cancellations or rescheduling to the Lessee as early as possible via phone, email or text. However, weather conditions can be unpredictable, and the Lessor's decision regarding cancellation or rescheduling will be final.
- This policy is in place to ensure the safety of all users and to protect the Equipment from damage due to adverse weather conditions.

Delivery:

The Lessor, at its own cost and expense, agrees to deliver the Rental Equipment to the Lessee at the address provided by the Lessee, provided it is within 30 km of Windsor, Ontario. (the “Delivery Address”).
An extra delivery fee will be applied for deliveries made outside of 30 km from Windsor, on a $1.20 per kilometer rate, for both delivery and pick up. This fee can be waived at the option of the lessor.
The Lessee hereby grants the Lessor the necessary right of entry onto the property located at the Delivery Address for the purpose of delivery, required setup (if applicable), maintenance, and subsequent retrieval of the Equipment and any associated equipment or packing materials. The delivery and pickup shall occur at approximately specified times, as outlined in this Agreement, however, the Lessor and Lessee agree that delivery and pickup times cannot be guaranteed and are provided only as a best estimate of when delivery and pickup will occur.
The Lessee agrees and represents that there is sufficient access at the Delivery Address to permit the delivery of the Equipment, including an exterior walkway from the front driveway to where the Equipment is to be set up.
Lessor undertakes to make best efforts to not cause any damage to the property, however, the Lessee understands and agrees that despite best efforts, damage to the property at the delivery address may occur, in which case the Lessor will not be liable for said damage except in cases of the Lessor's gross negligence. Damage may include track marks and Lawn, scratches to fences or doorways, and damage to grass caused by water or the Equipment, either during or after setup, or removal of the Equipment.

Delivery and Pickup Schedule:

The standard rental period for Equipment is from 11:00 AM to 4:00 PM.

Delivery and Setup: Equipment will be delivered and set up up to three (3) hours prior to the Lessee's event start time, which will occur between 8:00 AM and 11:00 AM, to ensure the Equipment is ready before the event begins.
Pickup and Takedown: Equipment will be picked up and taken down up to three (3) hours after the Lessee's event end time, which will occur between 4:00 PM and 7:00 PM.
Special Requests: If the Lessee requires earlier delivery or later pickup times, these requests must be made during the online booking process. The Lessor will make reasonable efforts, subject to Equipment and personnel availability and existing bookings, to accommodate such requests.

The Lessee acknowledges that the delivery and pickup times are subject to change based on the Lessor’s scheduling and operational requirements. The Lessor will provide as much notice as possible, but at least two (2) hours of notice, of any changes to the delivery or pickup schedule. Additionally, the Lessee is reminded that late fees, as described in the “Late Charge Fee for Non-Delivery” section of this agreement, will be applied if the equipment is not available for pickup at the agreed upon time.

Waiver of Lessor’s Liability – Important!!!

The Lessor shall not be held liable for any damages or losses incurred by the Lessee, its neighbors, residents, invitees, or any other persons present at the Delivery Address during the delivery, set-up, installation, operation of the Equipment, and/or during the Rental Period. This exemption from liability extends to any damages, losses, compensation, of any nature whatsoever that may occur during these activities. Furthermore, the Lessor shall not be responsible for any recklessness, negligence, incidents, or losses and damages resulting from the Lessor's employees permitted work on the Delivery Address during the Rental Period, including any extension thereof, and retrieving of Equipment after the Rental Period.
By entering into this Agreement, the Lessee acknowledges and accepts the inherent risks associated with the use of the Equipment. The Lessee understands that despite diligent inspections, unforeseen circumstances may arise during use, and they assume all risks and liabilities associated with such use.
The Lessee assumes all risks associated with the use of the Equipment and agrees to indemnify and hold harmless the Lessor from any claims, liabilities, damages, or expenses arising out of the use, possession, or operation of the Equipment.

Inspection:

The Lessee will have a reasonable opportunity to personally inspect the Equipment provided by the Lessor when the Equipment is delivered. The Lessee agrees to immediately notify the Lessor of any issues whatsoever with the Equipment, including any damage, improper function, or anything that could affect the use or salability of the Equipment before the Lessor leaves the Delivery Address after delivery of the equipment.
The Lessee accepts and understands that it is their responsibility to thoroughly inspect the equipment before each use. This includes a diligent examination to ensure that the Equipment is in proper working order, free from any defects, damage, or unsafe conditions.
The Lessee acknowledges that after the Lessor delivers the Equipment to the Delivery Address and leaves the Delivery Address, and after the Lessee has inspected or had the opportunity to inspect the Equipment, the Lessor is unable to and will not monitor the Equipment until it is picked up, and that any damage subsequently discovered will be presumed to have been caused while the Equipment was in the care and control of the Lessee, and the Lessee agrees to be responsible and compensate the Lessor such damage. This presumption prevails unless the Lessor and Lessee agree that the damage occurred while the Equipment was not in the care and control of the Lessee.
Notification of any damages should be made in writing or through a communication method agreed by both parties.
The Lessor further agrees to conduct periodic inspections of the equipment throughout the rental period. These inspections are intended to identify any emerging issues or wear and tear that may affect the safety or functionality of the Equipment.
Notwithstanding anything contained herein, the Lessor makes no warranties, either expressed or implied, regarding the condition, merchantability, or fitness for a particular purpose of the Equipment.

Operation and Use of Equipment:

The Lessee will not permit the Equipment to be operated by anyone who is not fully qualified and has not received instruction on its safe operation. The Lessee shall not allow the use or operation of the equipment when it is in need of repair or in an unsafe condition or situation.
The Lessee further agrees to operate and maintain/service the equipment in accordance with the specific instructions provided by the Lessor during the entire period the Lessee has possession or control of the Equipment, regardless of the rental duration stipulated in the contract(s). Failure to do so may result in additional charges. The Lessee acknowledges understanding the proper use of the equipment and agrees not to operate it in a careless or negligent manner.
The Lessee further acknowledges and understands that the Lessor has not agreed to nor have they provided any operators with the Equipment, and that the Lessee, is solely responsible for the correct and safe operation of this equipment.
In addition to the instructions and specific rules set forth in this Agreement, the Lessee acknowledges that there are safety and operating instructions provided on the Equipment delivered and agrees to read those instructions and operate the Equipment, or allow the Equipment to be operated or used, in accordance with those instructions.
The Lessee will use the Equipment for the purpose for which it was designed and will not deploy it for any other purpose not specified in this agreement.
The Lessee agrees not to alter, modify, attach, or detach anything to the Equipment castle without prior written consent from the Lessor. Any unauthorized alterations may result in additional charges or fees.
The Lessee will adhere to all applicable laws and regulations, whether local, provincial, federal, or organizational, concerning the use of the equipment.
The Lessee agrees not to operate any electrical equipment near water, including swimming pools or any water supply. The Electric Equipment should be kept away from such water sources to prevent any potential hazards, injury or even death. The Lessee acknowledges and voluntarily assumes any and all risks of injury or damage arising from the use of the Equipment.

Title and Possession in Equipment:

The Lessee's right to the possession of the Equipment commences on the items being delivered to the Delivery Address and concludes on the actual retrieval by the Lessor. The retention of possession, or any failure to permit the pickup of the item(s) at or after the conclusion of the 'Rental Period' specified herein constitutes a material breach of this Agreement.
In the event that the Equipment is not returned for any reason, including theft, the Lessee is obligated to remunerate the Lessor with the full replacement value for such Equipment, as enumerated in the Agreement. Additionally, the Lessee shall bear any and all incidental costs associated with the attempted pickup or recovery of the Equipment by the Lessor, after the expiry of the Rental Period.
At all material times, the Property in and Title to the Equipment are and shall remain vested in the Lessor. The Lessee undertakes to maintain custody and control of the Equipment from the moment of the Lessor's delivery until the item are picked up by the Lessor. The Lessee shall not cause nor permit the subletting, renting, selling, or removal of these items, nor transfer them elsewhere from the Delivery Address.
In the event that the Equipment are not returned for any reason whatsoever, the Lessor reserves the right to retake possession of said Equipment without further notice or legal proceedings, utilizing whatever force is reasonably necessary to do so. The Lessee hereby agrees to indemnify, defend, and hold the lessor harmless from any and all claims and costs arising from such retaking and/or levy.

Warranties:

The Lessee acknowledges and agrees that there are no warranties, either expressed or implied, of merchantability or fitness for a particular purpose pertaining to the Equipment as outlined in this Agreement.
The Lessor expressly disclaims any warranty that the equipment is suitable for the Lessee's intended use or that it is free from defects.
The Lessee further acknowledges and agrees that Lessor makes no warranties, guarantees, or representations regarding the condition, quality, or performance of the Equipment.
The Lessee agrees to promptly notify Lessor in writing if any Equipment develops any indication of defect or improper working condition during the rental period.
The Lessee expressly agrees to use the Equipment at his/her/their own risk. The Lessee shall not be held responsible or liable for any damage to persons, including the Lessee, their agents, servants, or employees, arising from the operation or use of the Equipment.
The Lessee agrees to assume all risks associated with the operation and use of the rented equipment, including but not limited to personal injury and property damage.
To the maximum extent permitted by applicable law, the Lessee waives and releases the Lessor from any and all liability, claims, actions, or demands arising out of or in connection with the use of the rented equipment.
This Warranty Clause shall survive the termination or expiration of this Agreement.

Care of the Rental Equipment:

The Lessee acknowledges and agrees that any person using the Equipment, particularly the Bouncy House, waterslides, and other inflated equipment, shall at all times remove shoes and/or any pointy or sharp accessories and wear appropriate attire on entering and/or using the Equipment.
The Lessee shall be solely responsible for any and all damage to the Equipment that is not caused by ordinary wear and tear. Ordinary wear and tear shall be defined as only the normal deterioration of the Equipment resulting from ordinary, reasonable, and proper use.
The Lessee undertakes not to use the Equipment in the event of rain or the threat of rain. The Equipment should be used in suitable weather conditions to prevent damage and ensure safety.
The Lessee agrees to be liable to the Lessor for any damage that exceeds ordinary wear and tear. The Lessee shall be responsible for any damage 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, drying due to rain and/or not limited to sprinkler system, hoses, super soakers, contamination of or dirtying of rental equipment with non-approved items such as chemicals, food, paint, silly string, mud, clay, or other materials. In the event of damage, the Lessee shall be obligated to compensate the Lessor for the replacement value equivalent to the recent market purchase price of the Equipment. The term "ordinary wear and tear" shall be interpreted in accordance with the normal deterioration expected from the ordinary, reasonable, and proper use of the Equipment; it does not include damages caused by negligence, misuse, intentional acts, or any actions that exceed the intended purpose of the Equipment.

Equipment Problems:

The Lessee agrees that, should any Equipment provided under this Agreement develop a problem, not function correctly at any time, or if the Lessee does not understand the operating instructions, the Lessee shall immediately cease the use of the said equipment. This particularly applies to instances involving a Water slides or Bounce House. In the event that the Waterslide/Bounce House begins to deflate, the Lessee shall take the following steps:
1. Motor Stopped: If the motor has stopped, the Lessee shall check the power cord connection at the outlet where the unit is plugged into the house, generator, or power outlet, ensuring it has not been unplugged;
2. Motor Continues to Run: If the motor continues to run, the Lessee shall check for blockage of the air intake screen on the side of the blower unit. Additionally, the Lessee shall inspect both air tubes on the back of the Waterslide/Bounce House unit for snugness, tightening the ties if necessary, or reconnecting to the blower if disconnected;
3. Corrected Problem: If either of the above steps corrects the problem, the Lessee shall fully re-inflate the Water slide/Bounce House before permitting anyone to use the unit.
4. Unable to Correct the Problem: If the Lessee is unable to correct the problem, they shall promptly contact the Lessor for further assistance.

Assumption of Risk:

The Lessee hereby acknowledges that engaging in activities and using the Equipment provided by the Lessor inherently entails known and unforeseen risks. These risks encompass the potential for physical or emotional injury, paralysis, fatality, or harm to the Lessee, their invitees, individuals utilizing the Equipment, neighbours, persons present on the property where the Equipment is installed, as well as damage to the real and moveable Property where they are situated, and adjacent real and moveable properties, including but not limited to damage to underground irrigation systems (aka, water sprinklers). The Lessee acknowledges that these risks are inherent and cannot be entirely mitigated without compromising the fundamental nature of the activity.
Additionally, the Lessee recognizes that invitees, individuals utilizing the Equipment, neighbours, and persons present on the property where the Equipment is installed may encounter various risks, including but not limited to falling off equipment, spraining or fracturing limbs, and sustaining severe injuries such as brain or spinal injuries. Movement within the Bounce Houses and Waterslides also presents potential risks. Activities involving multiple participants may lead to collisions resulting in broken bones and other serious injuries. Prohibited actions, such as double bouncing or engaging in risky maneuvers, carry their own set of dangers. In the event of an injury requiring medical assistance, the Lessee understands that the associated expenses will be incurred at their own cost.
The Lessee acknowledges that the Lessor and its employees bear challenging responsibilities and may not be infallible. They may be unaware of the Lessee's and/or users' health conditions or abilities, provide incomplete warnings or instructions, and make mistakes that could lead to injuries. The Equipment used during the activities may also malfunction or be unsafe for various reasons.
The Lessee shall assume responsibility for all risks of personal injury, death, disability, or property damage or loss arising from participation in these activities and extend to invitees, individuals utilizing the Equipment, neighbours, persons present on the property where the Equipment is installed, as well as damage to the real and moveable Property where they are situated and adjacent real and moveable properties. This assumption encompasses injury, loss, or damage resulting from negligence or fault on the part of the Lessor, its directors, officers, agents, employees, volunteers, or other participants.

Underground Irrigation System Disclosure

The Lessee agrees to identify any underground irrigation systems to the Lessor prior to the installation and setup of the bouncy castle. The Lessor understands that, in most cases, the Equipment must be anchored into the ground using metal stakes that may penetrate the earth between 12 and 24 inches. If the metal stakes are inserted directly above an irrigation pipe, there is a risk of damaging the irrigation system, which could result in financial loss.
In addition to other agreements to defend and indemnify contained in this contract, and for further clarity, the Lessee agrees to indemnify and hold harmless the Lessor from any losses, damages, or liabilities arising due to damage to an undisclosed irrigation system caused by the installation of the Equipment.

Waiver of Liability, General Release and Indemnity:

The Lessee will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. The Lessee acknowledges that they are in charge of the operation and use of the Equipment, and are fully responsible for its safe operation as well as the return of the Equipment in good working order. The Lessee acknowledges and agrees that Lessor is not responsible for any injury occurring to Lessee, or any guests of Lessee 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 of the Lessee.
The Lessee agrees to defend, indemnify and hold harmless Lessor 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 Lessee, 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, care or control of Lessee. This 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 Lessor or Lessor's suppliers, agents, employees, contractors, drivers or installers.

Loss and Damage:

To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
If the Equipment is lost or damaged, the Lessee will continue to be liable for the rental fee, will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee.

Ownership, Right to Lease and Quiet Enjoyment

The Equipment is the property of the Lessor and will remain the property of the Lessor.
The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
As long as no Event of Default has occurred, the Lessor will not disturb the Lessee's quiet, peaceful and proper use and possession of the Equipment.

Surrender

At the end of the Term or on earlier termination of this Agreement, the Lessee will make the Equipment available for pick up at the Delivery Address.

Insurance

The Lessee will, during the whole Term and for as long as the Lessee has possession, power or control of the Equipment, maintain a contract of insurance which provides coverage with limits of at least $1,000,000.00 for damages, loss, injury, death, caused as a result of the Lessor’s negligence, including but not limited to homeowner’s insurance, commercial general liability insurance, or personal umbrella insurance.
On written demand by the Lessor, the Lessee will provide the Lessor with an original policy or certificate evidencing any such contract of insurance which may provide insurance coverage for loss arising from the use or operation of the Equipment, including but not limited to all policies that the Lessee or the Lessee’s spouse are named as insured persons, the homeowner’s policy for the property where the Equipment was used at, and any umbrella or Commercial General Liability policies, or any other insurance policy/policies which may provide coverage in the event of a loss arising from the use or operation of the Equipment.
On receiving any notice of loss, claim, legal suit or action, the Lessee agrees to submit same for defence and indemnity coverage to any and all insurers who provide an insurance policy described above which may respond to the notice, claim, suit or action, and authorizes the Lessor to submit any such notice of loss, claim, legal suit or action to directly to the Lessee’s insurers on behalf of the Lessee, without consulting or obtaining prior consent or further authority from the Lessee to do so.
The Lessee acknowledged and understands that any delay in submitting a claim to an insurer may result in a loss of coverage which would have been available if the claim was promptly submitted to the insurer.

Default

The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement, in which case the Lessor may terminate the Agreement without refund and seek legal remedies, including but not limited to damages:
1. The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee's obligations under this Agreement.
2. The Lessee fails to obtain required permits, or causes or allows intentional damage to the Equipment.
3. The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of Canada or another competent jurisdiction.
4. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
5. The Lessee breaches any of the terms in this Agreement without the consent of the Lessor.

Remedies

On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the "Remedies"):
1. Apply the Deposit toward any amount owing to the Licensee.
2. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
3. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession.
4. Terminate this Agreement immediately on written notice to the Lessee.
5. Pursue any other remedy available in law or equity.

Assignment

The Lessor may assign this Agreement, the Lessor’s interest in this Agreement and the Lessor's interest in the Equipment by providing the Lessee with prior written notice of the assignment, provided the assignment is a reasonable one to which a reasonable person in the circumstances of the Lessee would not object.

THE LESSEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE'S INTEREST IN THIS AGREEMENT OR THE LESSEE'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LICENSEE.

If the Lessee assigns this Agreement, the Lessee's interest in this Agreement or the Lessee's interest in the Equipment without the prior written consent of the Lessor, the Lessor will be entitled to all damages caused by the assignment.

Confidentiality:

Confidential Information shall mean any information, in any form and manner whatsoever, which either party discloses to the other (whether before or after the date of this Agreement), which was not in the public domain. It is understood that the Confidential Information shall belong to the disclosing party and the other party, under no circumstances (except with the written consent of the disclosing party), shall disclose the same to anyone or any entity whatsoever. On the termination (in any manner) of this Agreement, the Parties shall be liable to return the confidential information of each other in and all and every manner possible. Even on the termination (in any manner) of this Agreement, this instant clause shall stay valid and the Parties shall be bound to ensure that all known Confidential Information is protected and not disclosed.

Permits and Approvals:

That the Lessee shall be liable to ensure that all required permits and approvals from any institution/agency/department/authority/etc., are obtained for the operation, installation and use of Equipment on the property and that all compliance with the Laws is made.
The Lessee is not entitled to any refund or compensation should the failure to obtain the proper permits result in the Lessee being unable to use the Equipment as the Lessee intended.

Entire Agreement:

This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Address for Notice

Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:

Lessor: Castle Genie Inc., 103-3290 Jefferson Blvd, Windsor, ON N8T 2W8

Lessee: at the address indicated by the lessee on the rental agreement.

All dollar amounts in this agreement refer to Canadian dollars, and all payments required to be paid under this Agreement will be paid in Canadian dollars unless the Parties agree otherwise.

Interpretation:

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Ontario without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

If there is a conflict between any provision of this Agreement and the applicable legislation of the Province of Ontario (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.

General Terms:

This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
Payment of the Rental Fee by the Lessee, or agent, employee, spouse, or servant of the Lessee constitutes an acknowledgment, understanding and agreement to the terms of this Agreement.
Time is of the essence in this Agreement.
This Agreement will extend to and be binding on and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Lessee:

This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.

Acknowledgment and Agreement:

The Lessee acknowledges they have had a full opportunity to read this Agreement, and that they understand all of its terms. By confirming the booking and providing payment, the Lessee signs and seals this agreement and agrees to be bound by all the terms and conditions outlined in this Agreement.


Date:		Lessor signature:
		Position: President

Schedule A

(Insert list of Equipment)

Equipment per the booking confirmation.

Schedule B

This Schedule forms an integral part of the Rental Agreement ("Agreement") between Lessor and Lessee for the rental of the Equipment. The parties acknowledge and agree that adherence to the following rules and instructions is essential for the safe use of the Bounce House unit in accordance with Ontario law.

All safety and operating instructions affixed to the Equipment must be strictly followed by all users at all times.
For the safety of all children, ADULT SUPERVISION IS REQUIRED AT ALL TIMES.
No one shall operate, supervise, or enter the Bounce House under the influence of ALCOHOL, DRUGS, or any other legal or illegal substances.
Entry into the Bounce House with pre-existing injuries is strictly prohibited.
The use of "Silly String" or similar products inside or outside the Bounce House is strictly prohibited.
Lessee acknowledges a $200.00 fee for damages caused by "Silly String" or similar products, payable immediately to Lessor.
Remove items such as glasses, dangle earrings, anklets, bracelets, belts, shoes, or any sharp or bulky items from users.
No horseplay allowed inside or around the Bounce House.
Extra caution and supervision are required for children aged three (3) and under.
Exit the Equipment, particularly, Bounce House and Waterslides if winds exceed 15 MPH or in inclement weather. Unplug the blower unit and allow deflation.
Individuals with certain injuries, disabilities, pregnant women, small infants, and others susceptible to injury are prohibited from entering the Equipment.
Do not move the Equipment from its original set-up location.
Secure corners if the unit shifts, and contact the Lessor at [email protected] for safe equipment installation inquiries.
Avoid any contact of the Equipment, particularly Bounce House and Waterslides with surfaces.
Strictly prohibit food or drinks inside the Bounce House and Waterslides.
No flips except on designated areas. Perform tricks at your own risk.
Exit the Bounce House and Waterslides if the operator is not around.
Attire must be free of hanging accessories. Remove jewelry, empty pockets, and avoid putting anything in the mouth.
Be Alert: Jump with individuals of similar size.
Strictly prohibit touching or shoving to prevent injury.
Do not enter or use the Equipment, more particularly, Bounce House and Waterslide when under the influence of alcohol or drugs.

The Lessee understands and agrees that failure to adhere to these instructions may result in injury or damage to the Equipment. The Lessor shall not be held responsible for any injury, damage, or loss incurred due to the Lessee's failure to comply with the above-stated instructions.