TERMS AND CONDITIONS

Updated August 4, 2019

Torito Jumpers (referred to as “Company”, “we” or “us”), provides the website located at ToritoJumpers.com, subject to your compliance with all the terms, conditions and notices contained or referenced herein (the, “Agreement”). In addition, users will be subject to additional terms described in this agreement when reserving rental equipment.

1. Delivery
Delivery fees may apply depending on your location. Rentals will be dropped off on the Event Start Date before 12pm (noon), unless a special request is made by the customer. Special requests may incur an additional charge.

2. Delivery Site
Customer agrees to have location ready for rental delivery. This includes, but is not limited to; cleaning area, removing obstacles, and providing a clear pathway from entrance to setup location. Failure to meet these requirements may result in additional charges. If the customer is unable to receive the equipment at time of delivery, we reserve the right to re-schedule your delivery for a later time, which may incur an additional delivery charge.

The following rentals can only be placed on ground level; margarita machines, inflatables, canopies. All other rentals may be placed above ground level by the customer or the delivery team, for an additional charge.

Underground Utilities: Please be ready to inform driver of the existence of any underground utilities (i.e. phone lines gas lines septic system etc.) that may interfere with the ability to stake and/or anchor equipment. Customer assumes responsibility for any damage to underground equipment or landscaping resulting from equipment installation. It is recommended you contact DIG ALERT at 8-1-1 or 800-422-4133 before our arrival.

Customer agrees that Company may access the property for the sole purpose of delivery and pick up of rental equipment, even if the customer is not present.

3. Return
All rentals will be picked up by our Company at sunset of the Event End Date, or the next morning, A special request can be made by the customer, which may incur an additional charge.

4. Setup
Our delivery team will unload all rentals at your location and set up Inflatables and Canopies only. All other rentals will need to be setup by the customer i.e. table, chairs, concessions, etc. You may request our delivery team to set up additional rentals, for an additional charge.

5. Inflatable Equipment
The Customer agrees to have a suitable area for setting up inflatables. Suitable areas include natural grass, artificial grass, concrete, asphalt, hardwood, and solid dirt. The area in which the inflatable will be setup should be a flat surface, with no more than a 5-degree variance. The Customer is responsible for making sure there is enough space to setup inflatables. If there is not a suitable area, including adequate setup space, then the customer will be responsible for additional fees associated with exchanges and re-delivery.

6. Water Equipment
The Customer agrees to provide the water supply and hoses necessary to operate water rentals.

7. Payment
All customers are required to show a valid identification (driver’s license. state issued ID or passport) upon delivery to be able to sign the rental agreement. Only adults over the age of 18 are able to sign the rental agreement.

Deposit: In order to reserve your rental equipment, a non-refundable deposit of 10% is required. This deposit will be applied to the full payment. In the event of a cancellation by the customer, the deposit will not be refunded.

Remainder of Payment: The remainder of your payment is due on delivery. You can pay with cash, debit, or credit card.

Collections: Any balance that is unpaid after 30 days of the event start date will be sent to collections. We will make our best effort to contact you via phone and email to notify you of any unpaid balances. If after 30 days we still do not get a reply back or payment made for outstanding balances due then we will have to send the invoice to collections for further processing.

Credit Card Disputes: The customer who signs this rental agreement agrees to pay and repay all rental charges in case of a credit card charge dispute plus all associated fees. Customer will be sent to collection if invoice is not fully paid within 30 days of services rendered and may be subject to criminal charges filed if credit card dispute was reported as fraudulent. The Company may also take the customer to civil court to have a court rule on a judgment for non-payment for services rendered.

8. Cancellation Policy
If a customer decides to cancel their reservation, they forfeit any deposit made. Cancellations must be made at least 24 hours before event start date. Cancellations made within less than 24 hours of Event start date will be responsible for the full payment. The only exception is in cases of severe weather conditions, but the customer still needs to contact us before 8am on the delivery date to cancel without charge.

If the customer cannot get a hold of the company or has called after business hours it is still the customers responsibility to leave a message in the company’s messaging system about cancelling their reservation or sending an email regarding the cancellation.

9. Permits, License, and Insurance
The customer assumes all risk and full responsibility when acquiring permits licenses and additional insurance. The customer is responsible to acquire all permits and/or licenses if required by local ordinance.

10. Electricity Responsibility
The customer is responsible for providing the electrical power required to operate any rental equipment. Customer is responsible for providing electrical outlets equipped with a GFCI safety feature, that can provide 15 AMPS for each blower motor. We highly recommend that you check your location is suitable for the equipment you want to rent.

Extension Cords: Please be ready to provide extension cords to drivers if the setup location is further than 50 feet away from the outlet you plan to use. Torito Jumpers does rent extension cords at $5 per cord. Extension cords used must be 3-prong cords that are UL and CE approved and no less than 12/3 gauge.

Customer is subject to an additional charge of $35.00 for all service calls due to electricity. All customers are required to make sure they have enough electricity for all rentals. There will be no refunds for cancelled order due to customer not having enough electricity on site.

Note: Snow Cone machine rental does not include ice cubes and should be provided by the customer (can be purchased from any supermarket). It is recommended to have about 1/2 pounds of cubed per serving. Example: 30 lbs. of ice cubes for 60 servings etc.

11. Supervision
Customer is responsible for supervising the safety and conduct of all participants using Torito Jumpers products. Therefore, there should be a responsible and mature adult supervising the operation of the units at all times. Safety of all participants in units is the responsibility of the person supervising. All units come with safety instructions (usually located on the front of the unit) which need to be read and understood by any and all people supervising. Participants inside the units SHOULD NOT AT ANY TIME be allowed to do anything that is/are prohibited by the safety rules. Blatant disregard of the safety rules may result in physical injuries and/or additional fees for any food silly string or items not allowed. All concession machines should only be operated by a capable adult. Children should never be allowed to operate any concession machine under no circumstances. All basic jumpers and most interactive games require 1 adult supervising. All dry slides and water slides require 2 adults supervising (one on top of the slide and one at the bottom). All obstacle courses require 2 adult supervising (one at the beginning of the obstacle race and one at the end).

12. Weight Limit
There is a weight limit of no more than 800lbs all inflatables no more than 200lbs on all adult plastic chairs and no more than 250lbs on all resin chairs and dunk tanks.

13. Permitted Use
The customer warrants that: (a) prior to the use of any equipment the customer has or will inspect the equipment to confirm that the equipment is in a safe condition and suitable for the customers intended use; (b) the customer agrees that any adult person at the delivery address is authorized to accept delivery of equipment. Customer agrees that accepting equipment includes indication of where the equipment will be placed for the intended use; (c) the customer agrees to immediately notify the company if the equipment is lost damaged vandalized stolen unsafe disabled malfunctioning levied upon threated with seizure or if an incident occurs. (d) Customer agrees that the company is not responsible to provide an operator for any customer operated equipment unless others specified by the company or unless an affiliate of the company is requested with this agreement as the indented operator of the Customer operated equipment.

14. General Safety Rules
Units must be operated over a smooth compatible surface such as grass or hard top surface. We reserve the right to refuse setup on any surface and setup in a different area if available. Unit cannot be moved by Customer after placed by the company. Unit MUST BE properly anchored prior to use. Company will anchor unit initially and the anchors MUST NOT be removed during period of use. Never attempt to relocate adjust or service a blower. Never use during high winds (20 mph) gusty winds thunderstorms or lightening. The unit can turn over in high winds even if anchored and this could result in injuries to users. Do not resume use until adverse weather conditions have ceased. Always follow the manufacturers guidelines located on the unit itself.

15. Additional Safety Rules
Before entering inflatable units, users must remove their shoes, eyeglasses, belt buckles, and any sharp objects. Never play, jump, or enter a partially inflated/deflated unit. Never allow the users to climb or play on the outside or inside walls of the unit columns netting or roof of unit. Always follow the rules posted on the unit itself. Do not plug or unplug the motor repeatedly as this will cause the unit to burn up and you will be responsible for any resulting damage. Always have an adult present which has reviewed and understands both this contract and the rules posted on the unit itself who can supervise the riders. Never allow the users to be unsupervised in or around the unit. Never allow more users than the maximum number of users per age group as described within this agreement and on the unit itself. Never place a hose or water on or into the unit unless authorized by the Company. Do not allow horseplay on, in, or around the unit. Always follow the directions for use on the unit itself. Only children of the same age group are to play on the unit at the same time.

16. Equipment Malfunction
In the event of equipment malfunction as a result of the equipment and not the customer, the customer agrees to allow the company 60 minutes time to troubleshoot, repair, or replace the malfunctioning equipment. If more than 60 minutes is required, a prorated refund will be given based on the equipment directly affected, and rounded into 15 minute intervals. All other factors such as weather, failure to provide adequate power, crowd size, potential loss of income, emotional distress, disappointment, etc. shall not be a factor in determining or calculating an adjustment.

17. Failure to Provide Equipment
The customer acknowledges that unexpected incidents can delay or prohibit the arrival of equipment. The company will do as much as possible within reason to provide equipment ordered, but may not be capable of doing so. The customer agrees that: (a) the Company has the right to substitute equipment of equal or greater value at any time up to the end of the event; (b) the company has the right to charge the entire amount of the original equipment for the substituted equipment and/or charge more than the original price for any substituted equipment if determined necessary by the company; (c) the customer agrees to accept any substitute as long as the original idea of the equipment was maintained and the value of the equipment remained the same or became greater. If equipment cannot be substituted, the full amount of the rental of that specific item including the deposit shall be returned to the customer. The customer agrees, that should equipment not be provided as was agreed upon in this agreement; the customer will hold the company harmless and will agree to receive in compensation only the original amounts paid by the customer for the equipment. Customer agrees not to pursue further legal action or recourse against the company.

18. Delivery and Operational Difficulties
The customer acknowledges and understands that many of the attractions rented from the Company may present delivery and/or operational difficulty. The customer agrees; (a) to make all information concerning an events delivery methods or circumstances including making the company aware of obstacles such as stairs, ramps, sidewalks, distances over (100) one hundred feet from delivery truck, backyard deliveries, gate restrictions, pathway obstructions, narrow pathways, animal issues, deliveries on to; decks, terraces, sand, or inside of a building. It is the customers responsibility to ensure the area for setup and pathway for delivery is firm, dry, and has acceptable access.

19. Additional Terms
Company is not responsible for bad weather; disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. ABSOLUTELY NO silly string or similar items such as but not limited to food, drinks, confetti, foam, or trash in or around the unit at any time; Silly string and like objects will cause permanent damage to the unit and customer will be responsible for the full replacement value of the rented unit and/or assessed a $100.00 cleaning fee if the unit is determined not to be permanently damaged. Customer agrees not to operate the unit(s) in a manner contrary to this contract and the rules of use on each unit. If customer operates the unit(s) in a manner contrary to the contract and rules of use on each unit and the unit is damaged, Customer agrees to pay the cost or repair or full replacement value of any damaged equipment or unit. Customer agrees that the equipment rented is for Customer’s own use and said equipment is not be loaned, sub-let, mortgaged, or in any other manner disposed of by Customer. Customer further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.

20. Hold Harmless Provisions
Customer agrees to indemnify and hold Company harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities including but not limited to; reasonable attorney’s fees, costs arising by reason of injury, damage or death to persons or property in connection with or resulting from the use of the rented equipment. Company cannot under any circumstances be held liable for injuries as a result of inappropriate use, natural acts of God, or other conditions beyond our control or knowledge.

21. Disclaimer of Warranties
Company makes no warranty of any kind either express or implied as to the condition of or performance of any rented equipment and Customer agrees to immediately cease use of the equipment and contact Company if any of the rental equipment develops any indication of defect or improper performance. Customer agrees to use the equipment at their own risk.

22. Breach / Indemnity / Arbritration
In the event that Customer breaches any of the terms of this agreement, the Customer will pay for all consequential damages and further indemnify Company for all costs incurred by Company in relation to enforcing the terms of the agreement or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees, and costs.

If Company determines within its own discretion that Customer has failed in any way to observe or comply with the conditions of this agreement, Company may exercise any of the following remedies; termination of this agreement, re-entry of property to reclaim equipment, declaring any outstanding rent and charges immediately due and payable to initiate legal proceedings necessary to recover said equipment or monies, and/or pursue any additional remedies available by law. If a conflict arises, Company and Customer will abide by the California state laws and forgo filing a lawsuit to solve the dispute in Company’s local court, Merced Superior Court.

Terms and conditions may change at any time without notice.