Terms & Conditions
Okay, here is the text with each point separated and numbered:
- CUSTOMER IS RESPONSIBLE FOR ANY LICENSING OR PERMITS REQUIRED FOR EVENT.
- The Leased Equipment will be delivered to the street address specified above by Customer.
- Customer grants Magic Jump Palace right to enter the property at the delivery address for the purpose of delivery and subsequent pick up of the Leased Equipment.
- Except as provided herein, all charges in delivering and subsequent pickup of the Leased Equipment at the delivery address are included in the rental charge noted above.
- In the event that the Leased Equipment is not returned at the designated time by Customer to Magic Jump Palace, the Customer shall pay Magic Jump Palace a $50.00 Transportation Fee.
- At the time of delivery, Customer shall inspect all Leased Equipment for shortage or damage.
- If upon inspection, there is pre-existing damage to the Leased Equipment, Customer must immediately notify Magic Jump Palace in writing to request Magic Jump Palace to repair or replace the damaged Leased Equipment.
- Upon acceptance, Customer waives any claim of pre-existing damage to the Leased Equipment and Customer agrees that the Leased Equipment has been received in good working condition.
- Customer further represents and warrants to Magic Jump Palace that all Leased Equipment will be returned in the same condition, notwithstanding ordinary wear and tear.
- In no event will Magic Jump Palace be responsible to Customer if the pre-existing damage of the Leased Equipment delays or interrupts Customer’s use and enjoyment of Leased Equipment.
- Customer agrees to pay Magic Jump Palace to repair or replace any Leased Equipment that was caused by Customer’s abuse, loss, misuse, overload, negligence or allowing the Leased Equipment to become dirty beyond normal wear and tear.
- Customer agrees to pay Magic Jump Palace’s rental charges for the Leased Equipment while at the location regardless of whether Customer uses the Leased Equipment or not.
- Magic Jump Palace does not issue refunds or offer discounts due to bad weather or other circumstances outside of Magic Jump Palace’s control which may have resulted in loss of use or no use of the Leased Equipment.
- In order to reserve any Leased Equipment, Customer shall pay an advanced rental deposit of $50.00.
- All deposits are NON-REFUNDABLE.
- Customer will pay Magic Jump Palace all rental charges due and owing by either cash or by Visa, MasterCard, or Discover credit cards.
- Magic Jump Palace will not accept any personal checks.
- Customer agrees not to loan, sublet, or otherwise dispose of the Leased Equipment.
- Customer agrees not to remove the Leased Equipment from the location on which Magic Jump Palace has assembled or installed it.
- Customer further agrees not to assemble/disassemble or install/uninstall the Leased Equipment.
- Customer agrees to supervise both the Leased Equipment and its use at all times.
- Customer agrees to follow and abide by the Rules of Use of Leased Equipment or any other instruction provided to Customer by Magic Jump Palace.
- The Customer must strictly enforce the Rules of Use of Leased Equipment and require all users to comply and Customer shall deny any user access to Leased Equipment if the user fails to abide by the rules.
- Customer understands and acknowledges that the activity to be engaged in through Magic Jump Palace’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Customer, its guests, its invitees, or third parties.
- Customer understands and accepts that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- Those risks include, but are not limited to, falling, slipping, crashing and colliding.
- Customer shall have no recourse against Magic Jump Palace, whether by way of any suit or action, for any liabilities, damages, losses, expenses, claims, actions and judgments, including all costs, and expenses incident thereto, that7 Customer may suffer or incur at any time, by reason of Customer’s use of the Leased Equipment provided by Magic Jump Palace hereunder or information provided by Magic Jump Palace hereunder.
- Customer agrees to defend, indemnify, and hold Magic Jump Palace, its owners, members, shareholders, officers, directors, contractors, agents and employees harmless from and against any and all liabilities, damages, losses, expenses, claims, actions and judgment, including all costs, and expenses incident thereto, which may be suffered by, accrued against, be charged to or recoverable from Magic Jump Palace, its owners, members, shareholders, officers, directors, contractors, agents or employees, by reason of loss of or damage to property, or injury to or death of any persons arising out of, or in any way connected with this Agreement and the providing of, or the use or implementation of the Leased Equipment, or any information provided under this Agreement.
- MAGIC JUMP PALACE OFFERS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MAGIC JUMP PALACE DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR DEMAND IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PATENT INFRINGEMENT) STRICT LIABILITY OR OTHERWISE WITH RESPECT THERETO.
- In no event shall Magic Jump Palace be liable for any indirect, punitive, incidental, consequential or special damages.
- Any failures, delays or forbearances of either party in insisting upon or enforcing any provisions of this Agreement, or in exercising any rights or remedies under this Agreement, shall not be construed as a waiver or relinquishment of any such provisions, rights, or breach of this order or failure to exercise any right hereunder shall not be deemed a waiver of any other breach or right.
- The failure of any party to take action by reason of any such breach or to exercise any such right shall not deprive such party of the right to take action at any time while such breach or condition occurs.
- Except as otherwise limited in this Agreement, the rights and remedies set forth herein are cumulative and in addition to any other rights or remedies that the15 parties may have at law or in equity.
- In the event of a dispute arising out of, or in any way related to, this Agreement, the parties expressly agree to submit the dispute to the courts of the 6th Judicial Circuit, in and for Pasco County and Pinellas County, Florida, which courts shall have exclusive jurisdiction over the matter.
- In the event of any litigation arising out of this Agreement, the parties agree that the laws of the State of Florida shall apply in that action without regard to its conflict of law provisions.
- The parties agree that if any portion of the Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
- By signing below, Customer acknowledges that she/he has had sufficient time and opportunity to read this entire Agreement, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.