Marble Memories II

INFLATABLE PROPERTY, WAIVER, RELEASE, ASSUMPTION OF THE RISK, AND INDEMNIFICATION AGREEMENT
MEMORIES INFLATABLES, LLC

This Inflatable Property, Waiver, Release, Assumption of the Risk, and Indemnification Agreement (“the Agreement”) is entered into between Memories Inflatables, LLC (“Memories Inflatables”) and the lessee of inflatable equipment provided by Memories Inflatables, LLC (“Lessee”) as of the date of the signature of the Lessee below.
1. Scope of Agreement – Lessee understands and agrees that Memories Inflatables has agreed to permit Lessee to use and take possession of inflatable equipment for purposes of Lessee’s use and enjoyment in exchange for payment by Lessee to Memories Inflatables as well as Lessee’s agreement to all terms and conditions in this Agreement. Lessee understands and agrees that the use of inflatable equipment has inherent risks, including risk of physical or emotional injury and death, to those using or near the inflatable equipment. Lessee also understands and agrees that Lessee has agreed to pay Memories Inflatables solely to use the inflatable equipment at a location of Lessee’s choosing, that Lessee will be solely responsible for the inflatable equipment while in Lessee’s possession, and that Memories Inflatables does not agree to and will not be responsible for supervision of the inflatable equipment or persons using the inflatable equipment while such inflatable equipment is in Lessee’s possession. Therefore, the purpose of this Agreement is for Lessee to agree to reimburse Memories Inflatables for any damage that results to the inflatable equipment while in Lessee’s possession, to waive and release any and all claims for injuries or deaths resulting from the inflatable equipment while in Lessee’s possession, to assume the risk of the inflatable equipment while in Lessee’s possession, and to fully defend and indemnify Memories Inflatables for claims made by others arising out of the use of the inflatable equipment while in Lessee’s possession.
2. Property Agreement – Memories Inflatables exercises precaution in keeping its equipment in good working condition, and Lessee agrees that Lessee inspected the inflatable equipment prior to taking possession of the inflatable equipment and found the inflatable equipment to be in good working condition. Lessee agrees to return the inflatable equipment to Memories Inflatables in such a condition as prior to Lessee taking possession of the inflatable equipment plus ordinary wear and tear resulting from ordinary use of the inflatable equipment. Lessee agrees to reimburse Memories Inflatables for any damage that results to the inflatable equipment while in Lessee’s possession.
3. Lessee’s Supervision of Equipment and Use By Others – Lessee understands that he or she will be solely responsible for use and supervision of the inflatable equipment while in Lessee’s possession. Lessee agrees that he or she is solely responsible for deciding who may or may not use the inflatable equipment while in Lessee’s possession. Lessee agrees that he or she (and not Memories Inflatables) will be solely responsible for supervising those using the inflatable equipment such that any injuries that may result from use of the inflatable equipment while in Lessee’s possession are Lessee’s responsibility and not Memories Inflatables’.
4. Assumption of the Risk – Lessee understands and acknowledges that Lessee’s possession, use, and allowing others to use the inflatable equipment presents the potential for death or serious injury to Lessee and others using or near the inflatable equipment. By signing this Agreement, Lessee completely understands the inherent risk of the inflatable equipment, and Lessee also understands that the only way to avoid these inherent risks is to not lease the inflatable equipment. LESSEE KNOWINGLY AND FREELY ASSUMES THESE RISKS.
5. Waiver and Release of Liability – In consideration of Memories Inflatable’s permitting Lessee to use and take possession of the inflatable equipment, LESSEE hereby RELEASES, WAIVES, AND DISCHARGES AND COVENANTS NOT TO SUE Memories Inflatables, or any of its members, officers, employees, or any other person acting on its behalf, for any and all demands, claims, actions, lawsuits, damages, losses, liabilities, costs, and expenses arising, directly or indirectly, from the inflatable equipment while in Lessee’s possession, whether or not foreseeable or contributed to by the negligent acts or omissions of Memories Inflatables or others. To be clear, Lessee agrees that SIGNING THIS AGREEMENT COMPLETELY ELIMINATES LESSEE’S RIGHT TO BRING ANY CLAIM OR LAWSUIT AGAINST MEMORIES INFLATABLES OR ANY OF ITS MEMBERS, OFFICERS, OR EMPLOYEES FOR THE INJURY OR DEATH OF ANY PERSON RESULTING FROM USE OF THE INFLATABLE EQUIPMENT.
6. Defense and Indemnity Agreement – Lessee understands and agrees that others may be injured while using or near the inflatable equipment while in Lessee’s possession. Lessee understands and agrees that such other people using or near the inflatable equipment may attempt to bring demands, claims, actions, or lawsuits against Lessee or Memories Inflatables. By signing this Agreement, Lessee agrees to FULLY DEFEND, INDEMNIFY, AND HOLD HARMLESS Memories inflatables from any and all demands, claims, actions, lawsuits, damages, losses, liabilities, costs, and expenses arising, directly or indirectly, from the inflatable equipment while in Lessee’s possession, whether or not foreseeable or contributed to by the negligent acts or omissions of Memories Inflatables or others. To be clear, Lessee agrees that SIGNING THIS AGREEMENT REQUIRES LESSEE TO PAY FOR ALL DEFENSE COSTS (INCLUDING ATTORNEYS’ FEES) AND ANY AMOUNT OF DAMAGES THAT MEMORIES INFLATABLES MAY BE LIABLE FOR IN CLAIMS ARISING OUT OF THE INFLATABLE EQUIPMENT.
7. Full Understanding of Agreement – Lessee understands and agrees to all terms and conditions of this Agreement. Lessee understands that he or she is relinquishing substantial rights and incurring substantial obligations as a result of this Agreement. Lessee understands and agrees that he or she was given the opportunity to negotiate this Agreement with Memories Inflatables and that he or she entered the Agreement freely and voluntarily. Lessee understands and agrees that Lessee was given the opportunity to consult with any attorney, consultant, or others regarding this Agreement.

By signing below, you agree to adhere to the terms and conditions outlined in the rental agreement above.

Customer Name:  _________________________________            

Signature:  _________________________________             Date:  __________2026/04/20 9:04 AM_____________