This Liability Waiver and Indemnification Agreement (“Agreement”) is entered into by the undersigned Host (“Host”) in favor of Bounce House Bonanza LLC, doing business as Bounce House Bonanza, including its owners, officers, employees, agents, affiliates, and contractors (collectively, the “Company”).
1. Acknowledgment of Risk
The Host acknowledges that the use of bounce houses involves inherent risks, including but not limited to:
• Damage to the bounce house that could cause it to deflate and become less shock absorbent
• Potential for slips, falls, or other injuries
• Inclement weather could cause electrical risks
The Host understands and agrees to assume full responsibility for managing these risks during any event where the bounce house is used under their supervision or on their property. The Host further acknowledges that this Agreement does not release the Company from liability for gross negligence, willful misconduct, or reckless actions.
2. Indemnification and Hold Harmless
The Host agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, actions, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to:
• The Host’s management or supervision of the bounce house.
• Injuries or damages occurring during the event or use of the bounce house while in the Host’s possession or control.
• Any failure by the Host to enforce safety rules or instructions provided by the Company.
• Any breach of this Agreement by the Host.
3. Rules Enforcement
The Host agrees to enforce all safety rules and guidelines provided by the Company, including but not limited to:
• No physical fighting, illegal substances, or underage drinking.
• No smoking or intoxicated individuals near the bounce house.
• Adequate adult supervision at all times during bounce house operation.
• Proper setup and takedown procedures in accordance with Company instructions.
4. Insurance and Costs
The Host acknowledges and agrees to be responsible for any damage to the bounce house or related equipment while in their care. The Host also acknowledges that they are responsible for any costs associated with medical treatment, emergency services, or repairs arising from the use of the bounce house during their event.
5. Waiver Collection
The Host agrees to distribute and collect signed copies of the Liability Waiver and Release Form from all participants, or their parents or legal guardians if under 18, prior to allowing any use of the bounce house. The Host shall retain these waivers and make them available to the Company upon request or deliver them to the Company when the rented bounce house(s) are returned.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
7. Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall remain in full force and effect.
