CARNIVAL WIZ EQUIPMENT RENTAL AGREEMENT
By accepting our quotation, it is deemed at an agreement has been made between Carnival Wiz Pte Ltd (herein after known as “Lessor” and Client (hereinafter known as “Lessee” )
1) DELIVERY: Delivery shall be to the address specified by Lessee (Client). Lessee grants right to enter said property for the delivery and pick-up of the rented items at approximately specified times. Lessee agrees to keep all rented items in its custody and not to sublease, rent, sell, remove from the delivery address, or otherwise transfer such items, unless otherwise stated in writing, with agreement from the Lessor.
2) RULES / SAFE OPERATION RESPONSIBILTY: Lessee agrees to supervise both the rental equipment and its use at ALL TIMES when said equipment is in the possession of the Lessee, unless a provision of supervision services is rendered by the Lessor, specifying the duration where such services are required. Accompanying this contract is a set of Safety Rules and/or Operational Instructions for all equipment that is being rented, which Lessee acknowledges receipt of and agrees to follow and utilize at all times during the operation and use of the rental equipment from Lessor. Lessee agrees that these Safety Rules and Operational Instructions are hereby considered a part of this Rental Agreement.
3) PAYMENT: Lessee shall pay all charges payable under this agreement, less any deposits paid, upon delivery or specified credit terms with a means of payment acceptable to Lessor. Lessor reserves the right to repossess the equipment in the event when full payment is not received upon delivery. Lessee shall also pay a $35.00 charge on any returned cheques for any reason, as well as a service charge of 2.0% per month on all past due accounts, and reasonable costs of collection, court and attorney fees.
Lessor understands the dynamics of event organising and the underlying volatility involved, Lessor will, depending on circumstances, accommodate changes to rental setup dates and/or timings, if given sufficient notice in advance. Lessee should, in the earliest opportunity, contact Lessor in writing, to inform of changes or cancellation of service. Lessor will, reserve the said equipment in priority for the Lessee, for a grace period of up to 30 days from the initial rental start date, following which, the equipment will be prioritised for other commitments, any deposit paid also be forfeited. Otherwise, the following cancellation charges will be borne by the Lessee.
a) 30 Days notice : Waived
b) 14 Days Notice : 50% of invoice
c) 7 Days Notice : 75% of invoice
d) 3 Days Notice : 100% of invoice
4) ASSUMPTION OF RISKS: The Lessee understands and acknowledges that the activity to be engaged in through the rental of inflatable amusement equipment such as jump houses, bouncers, inflatable slides, obstacle courses, and/or other interactive amusement and party rental items, brings with it both known and unanticipated risks to its guests, its invitees and itself. Those risks include, but are not limited to falling, slipping, crashing and colliding which could result in injury, illness, disease, emotional distress, death and/or property damage to Lessee or its guests and invitees. The Lessee, for itself and for all its participants, guests and invitees, including minors, willingly assume the risks associated with all participation and accept that there are other risks that may arise due to other participants which it also willingly assume. For all water play products, the Lessee will be responsible for the sourcing and provision of water that is required by the respective water play equipment. The Lessee will also agree to dispose of the water contained in the water play equipment after the event and prior to the stated collection time by our staff.
5) LIABILITY RELEASE: The Lessee voluntarily releases, indemnifies and agrees to hold harmless and discharge the Lessor, Carnival Wiz Pte. Ltd. and its officers, employees and agents from any and all liability, claims, demands, actions or rights of actions, whether personal to itself or to a third party which are related to, arise out of or are in any way connected with the rental of the interactive inflatable unit or any other rental equipment, including those allegedly attributable to negligent acts or omissions. Carnival Wiz Pte. Ltd. will not be liable for any damage (collateral or consequential) arising from the transportation, provision and/or disposal of water for the rental of the water play equipment. The Lessee agrees to reimburse any reasonable attorney’s fees and costs that may be incurred by Carnival Wiz Pte. Ltd. in the defense of any such liability claim, demand, action or cause of action. In the event that the Lessee files a cause of action against Carnival Wiz Pte. Ltd., the Lessee agrees to do so solely in the Republic of Singapore, and further agrees that the substantive law of the country shall apply in that action without regard to the conflict of law rules of that country. The Lessee agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Lessee acknowledges and represents that it has adequate homeowner’s insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which may occur to itself, its guests or its invitees from the use of the equipment being rented, or else Lessee agrees to bear the cost of defense and liability of any such injury or damage itself. The Lessee also waives the right of its insurance company to bring any type of action or proceeding on behalf of the Lessee against Carnival Wiz Pte. Ltd. whether by assignment of claim, subrogation or otherwise. In the event of accidents, civil chaos, war, natural disasters or any unforeseen circumstance beyond the control of any party, any non-performance by either party shall not be construed as a breach of contract and therefore, no party shall be entitled to seek redress by way of any legal proceeding.
6) PERSONAL DATA PROTECTION: The Lessee acknowledges and allows the use of any video or photograph taken during the event to be used by Carnival Wiz Pte. Ltd. for promotional purposes, with due credit to the originator. The Lessee authorises Carnival Wiz Pte. Ltd. and its officers, employees and agents to take videos and/or photographs of the event for promotional purposes.
6) ENTIRE AGREEMENT: The Lessee acknowledges and certifies that it has had sufficient opportunity to read this entire document, including all Safety Rules, and understands its content and that it is executed freely, intelligently and without duress of any kind and agrees to be bound by its terms. This signed agreement in conjunction with the Safety Rules and/or Operational Instructions contain the entire agreement between the Lessor and Lessee. No amendment, whether from previous or subsequent negotiations between Lessor and Lessee, shall be valid and enforceable unless in writing and signed by all parties to this agreement. By signing on the Lessor’s quotation and/or this agreement, it is deemed that the Lessee agrees to our terms and conditions stated herein.
For clarifications to our terms and conditions, please contact our office via the following means: