Last updated: Tue, Oct 6, 2026
This Rental Agreement and Liability Waiver (the "Agreement") is made by and between Backyard Bash Co. (the “Company”) and the customer identified on the reservation (the “Customer”). This Agreement applies to Customer’s reservation, rental, and use of the equipment and components identified in the rental listing (collectively, the “Equipment”) with respect to the event and/or dates identified in the reservation. This Agreement also applies to any other or future event or dates applicable to any reservation that is modified or rescheduled (if permitted).
All references to “Customer” in this Agreement shall refer to Customer individually, as well as to each member of Customer’s party and any other participant or other person on, in, or near the Equipment. All conditions, provisions, requirements, and other terms set forth in this Agreement shall apply severally and equally to all such individuals, both individually and in the collective. Customer acknowledges that Customer is responsible for sharing the Agreement, and its terms, conditions, or other requirements, with all such members, participants, or other individuals, and ensuring that they fully understand the same.
In consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company hereby agrees to rent to Customer the Equipment under the following terms and conditions:
For reservations made less than or equal to seven (7) calendar days prior to the start date stated in the reservation, payment of 100% of the total rental amount is required at the time of booking. Reservations are not confirmed until the required payment is received.
For reservations made more than seven (7) calendar days prior to the start date stated in the reservation: An initial non-refundable payment of 50% of the total rental amount (the “Deposit”) is required. Payment of the Deposit must be made at the time of booking and must be made by credit card. The remaining balance due (the “Remaining Balance”) must be paid prior to the start date stated in the reservation. Customer expressly authorizes the Company to automatically charge the same credit card for payment of the Remaining Balance, applicable taxes, and any approved additional services. The Company will schedule an automatic credit card payment to be made seven (7) calendar days prior to the event. If such payment fails, the Company will contact the Customer to arrange payment by another method. The Company may elect to accept alternative payment by check, money order, Venmo, or other mobile payment platform acceptable to the Company. However, any payment sent to the Company by mail shall not be deemed paid until it is received by the Company. If Customer fails to make full payment when due, the Company will not deliver, set up, or install the Equipment. Additionally, the Company may cancel the reservation and/or terminate this Agreement, and Customer shall not be entitled to compensation or refund.
In the event Customer wishes to cancel their reservation under this Agreement, the cancellation and refund policy is as follows:
A. If Customer cancels the reservation less than or equal to seven (7) calendar days prior to the start date stated in the reservation, no refund of any monies paid by Customer will be due or issued.
B. If Customer cancels the reservation more than seven (7) calendar days prior to the start date stated in the reservation, no portion of the non-refundable Deposit referenced in Paragraph 1 of this Agreement will be refunded.
However, for any monies paid in excess of the non-refundable Deposit, Customer may elect to either:
(1) Receive a refund of monies paid in excess of the Deposit. For any refunds due with respect to monies paid by credit card, the Company will endeavor to refund such payment by credit card transaction; all other refunds will be made by check or another suitable method within thirty (30) calendar days; or
(2) In lieu of any refund (and subject to availability), apply the total amount of monies paid under this Agreement to one rescheduled event or reservation of equal or greater value. In such event, the rescheduled event or reservation must have a start date beginning within ninety (90) calendar days of the start date listed in the original reservation. If the price or charges applicable to the rescheduled reservation or rental exceed(s) the price or charges applicable to the original reservation, Customer will be responsible for paying the difference or increase in the applicable price and/or charges.
In addition to all other remedies available, the Company retains the right to terminate this Agreement in the event of Customer’s breach, default, or violation of any term, provision, condition, or other requirement of this Agreement, including but not limited to, any misuse of or damage to of the Equipment, creation of any unsafe condition, failure to provide a suitable site or location for installation or use of the Equipment, failure to pay monies due hereunder, engaging in threatening or abusive behavior toward the Company or its agents, or any violation of applicable law, regulation, or ordinance. In the event the Company terminates this Agreement, no refund, rate adjustment, or compensation will be due or issued and, if Customer is in possession, custody, or control of the Equipment, Customer shall immediately return the Equipment to the Company’s possession, custody, or control.
The rental rate of the Equipment is established on a “per event” basis. For reservations consisting of multiple consecutive days, discounted rates or pricing may be available at the sole discretion of the Company.
The Company provides delivery, set up, and pickup of the Equipment with all rentals. All delivery and pickup times are based upon the Company’s available delivery schedule. Customer pickup of the Equipment is not available. Customer acknowledges that, depending on scheduling and other bookings, the Company may deliver the Equipment the day prior to the start date listed in the reservation and/or the Company may pick up the Equipment the day after the end date listed in the reservation.
For events held at public spaces, Customer is responsible for providing any specific times or procedures required by the venue or location for delivery and/or pickup of the Equipment. The Company will endeavor to work with the Customer to coordinate delivery and pickup of the Equipment in accordance with the venue’s or location’s requirements (if any), or as otherwise agreed by the parties.
Customer shall provide a level, clean, unobstructed, and suitable site or location (hereinafter, the “Site”), free from overhead or underground hazards, for delivery, setup, installation, handling, operation, pickup, and use of the Equipment. Customer is responsible for providing safe and reasonable access to the Site for such purposes. Prior to delivery of the Equipment, Customer is also responsible for obtaining any and all permits or permissions required (if any) for use of the Site and/or use of the Equipment at the Site.
Customer shall identify and disclose all known hazards present at or in relation to the Site, including but not limited to, utility lines, branches, vegetation, irrigation systems, septic systems, debris, sharp objects, standing water, slopes, traffic, fire, invisible fencing, electrical equipment, and/or other conditions that may affect the ability to safely deliver, pick up, set up, install, handle, or operate the Equipment. Unless the rental listing states otherwise, Customer is responsible for providing an appropriate and safe power source for rentals or equipment requiring the use of electricity.
In addition to the Release and Waiver provisions of this Agreement, Customer agrees that the Company shall not be liable for any loss, expense, injury, cost, or damage of any kind in any way relating to any delay or nonperformance caused, in whole or in part, by the presence or existence of any unsafe or unsuitable site conditions. Customer further agrees that the Company shall not be liable for any loss or damage to utility lines, irrigation systems, septic systems, fencing, or any other property or condition present at the Site in relation to delivery, setup, installation, handling, pickup, operation, or use of the Equipment.
The Company shall not be liable or in breach of this Agreement if the performance of any obligation herein is prevented, hindered, or delayed by causes beyond the Company’s reasonable control, including but not limited to, severe weather, floods, tornadoes, earthquakes, natural disasters, acts of government or civil authority, war, terrorism, labor strikes or shortages, utility/power outages, acts of God, or similar events or circumstances. The Company monitors weather conditions and may postpone, cancel, or reschedule a rental (subject to availability) when, in the Company’s sole discretion, weather conditions make delivery, installation, setup, or use unsafe. In such event, the Company shall not be liable for any damage, cost, or loss, including but not limited to compensatory, incidental, consequential, or other damages which might result from such conditions, postponement, rescheduling, or cancellation. Payments already made by Customer under this Agreement will be applied to any rescheduled or postponed rental period.
Before operation or use of the Equipment, Customer shall inspect the Equipment and all related components, including but not limited to any blower, electrical supply, anchors, tethers, seams, entrance, exit, impact areas, inflation pressure, and surrounding Site. Customer shall not operate or use the Equipment unless it is fully inflated, properly secured, dry, undamaged, and operating as instructed and intended.
Customer is responsible for the supervision of all rented equipment and for ensuring that it is used only for its intended purpose and according to all instructions provided by the Company or in accordance with the manufacturer’s requirements or any posted warnings. Customer must take reasonable steps and precautions to ensure the safe use and operation of the Equipment, and Customer is responsible for communicating applicable safety rules to all guests, invitees, participants, vendors, or other individuals or persons using or interacting with the Equipment.
Customer agrees that any equipment installed by the Company or its agents shall not be moved or repositioned. Nor shall customer remove any anchors, tethers, or other safety equipment securing the equipment in place. Small items not requiring professional setup or installation by the Company may be moved by the Customer as needed and should be moved when necessary to protect the item from damage, weather, or other hazards or harms.
Customer shall not permit any child to use or occupy the Equipment without the authorization and supervision of the child’s parent or legal guardian. Customer shall be solely responsible for the safety and supervision of all children in, near, or around the Equipment, and Customer must ensure that any child occupying or using the Equipment is and remains under close and strict adult supervision at all times. Customer is further responsible for ensuring that any entrance, exit, or other opening with respect to the Equipment remains supervised and secured to prevent unsafe access to or use of the Equipment.
Use and operation of inflatable equipment is appropriate only in certain conditions. If wind conditions exceed the manufacturer’s stated maximum wind speed for the equipment, or fifteen miles per hour (15 MPH), whichever is less, the Company will not set up or install the inflatable equipment for use. If winds reach the applicable maximum wind speed, Customer must immediately discontinue use and operation of any inflatable equipment and must turn off all electrical power to the equipment. Customer shall continuously monitor weather and Site conditions and must comply with these requirements at all times.
Wet/dry combo units may be used during light rain so long as conditions remain safe. However, all inflatable equipment must not be used during any thunderstorm, high winds, or when lightning is present or in the area.
Soft play equipment must be placed and maintained in an appropriately shaded area. Customer must not set up or move soft play equipment to an area exposed to direct sunlight. If adequate shade is not available, Customer shall provide or rent an appropriate tent or other approved shade structure. Additional charges may be assessed if soft play equipment is found to be damaged as a result of Customer failing to ensure adequate shading as required by this Agreement.
Customer shall protect all electronics or electrical equipment or components rented from rain, water, moisture, or other weather-related hazards or other damaging elements during the rental period. If any equipment is damaged, becomes inoperable, or fails to function as intended, or in the event of loss or interruption of power, deflation, movement of anchors or tethers, instability, or other condition, Customer must discontinue use and operation of the equipment and must immediately notify the Company. Customer shall not resume any use or operation of the equipment until the unsafe condition has ended or been rendered safe and the equipment has been reinspected and reinstalled as necessary.
Customer must immediately report and notify the Company of any problem, damage, malfunction, deflation, unsafe condition, or defect with the Equipment. In such event, Customer shall immediately discontinue use of the Equipment, disconnect any blower, electrical supply, or other components (if safe to do so), and secure the area. The Company will make reasonable efforts to resolve the issue safely and efficiently. If Customer fails to timely report and notify the Company as set forth herein, Customer will be deemed to have determined the Equipment to be in acceptable condition. Customer shall immediately report and notify the Company of any injury, damage, or illness arising from the Equipment or its use, operation, handling, or possession, and Customer shall immediately discontinue use of the Equipment in the event of any such injury, damage, or illness, or if continued use would be unsafe.
Customer agrees to obey and comply with all laws, ordinances, regulations, or other requirements imposed by any governmental authority in connection with the rental, use, or possession of the Equipment. Customer must not engage in or permit any illegal activity or conduct to take place in relation to the Equipment, including but not limited to the use of drugs or controlled substances, per federal, state, or local law. Violation of these requirements shall result in the immediate termination of this Agreement, with no refund, rate adjustment, or compensation of any kind.
In no event shall any age, height, weight, capacity, safety, or operating requirements or warnings of any manufacturer or the Company be exceeded or violated with respect to the Equipment. The maximum number of occupants and participants using the Equipment includes children, which are defined to include any person who will be under the age of eighteen (18) years old on the start date stated in the reservation.
Customer shall only permit the Equipment to be used or operated in a reasonable manner and in accordance with its intended purpose. Customer shall make no alterations or modifications to the Equipment, and shall not tamper with any associated components, blowers, motors, or other parts. Customer also shall not conceal, remove, or alter any permit, inspection certificate, registration number, warning, notice, or label affixed to, associated with, or supplied with the Equipment. Customer acknowledges and agrees that Customer will remain liable for any destruction, defacement, damage, impairment, or loss of the Equipment caused by act or omission of Customer, their invitees, and/or any animal or pet on or near the Equipment.
During the rental period, in addition to all other requirements of this Agreement, Customer must strictly ensure that:
Customer acknowledges, understands, and agrees that the Equipment is rented for the use of Customer only and must be used entirely at the participant’s own risk. Customer understands and agrees that recreational and inflatable equipment involves inherent risks, dangers, and hazards (whether obvious or not), including but not limited to, slips, falls, collisions, impacts, suffocation, entrapment, electrocution, weather-related injury, wind-related injury, equipment malfunctions or failure, equipment movement, deflation, and other injuries or accidents. Customer further acknowledges, understands, and agrees that such risks and/or use of inflatable equipment or activities associated therewith can result in bodily injury or illness, including but not limited to physical injury, disease, strains, fractures, partial or total paralysis, serious disability, or death. Customer hereby knowingly and voluntarily assumes all such risks and dangers and assumes all responsibility and liability for any loss, bodily injury, illness, and damage of any other kind to Customer or any other person, arising out of or in relation to the Equipment or its use, operation, handling, possession, or otherwise, or any activities or conduct in, on, around, or relating to the Equipment. The Company assumes no responsibility or liability for any accident, illness, injury, death, or property damage arising from the Equipment or use of the Equipment.
In no event shall the Company be liable for any injury or damage to Customer or any other person in relation to the Equipment or use thereof. Customer hereby voluntarily and expressly waives, dismisses, discharges, and releases the Company and its members, managers, officers, directors, agents, employees, contractors, representatives, successors, heirs, and assigns, from any and all claims, actions, causes of action, suits, demands, losses, or damages of any kind, arising from or relating to bodily injury, property damage, wrongful death, loss of services, or otherwise, which may arise out of the Equipment or its use, misuse, operation, handling, possession, or otherwise.
Customer expressly agrees to fully indemnify, defend, and hold harmless the Company and its directors, officers, members, managers, successors, assigns, heirs, employees, representatives, or agents, from and against any and all claims, demands, liabilities, actions, causes of action, suits, damages, losses, costs, interest, fines, penalties, attorneys’ fees, expenses, and damages of any kind or nature, arising from or relating to the Equipment or its delivery, installation, use, operation, pickup, or otherwise, including but not limited to those arising from or relating to:
a. Any injury, illness, or death of any person or persons, including Customer; or
b. Any loss or damage to any property of any kind whatsoever and to whomever belonging, including Guest
and regardless of whatever the cause, including but not limited to, the ordinary negligence of the Company (in whole or in part); theft, crime, or vandalism; slippery condition of surfaces; any dangerous activities, conduct, or conditions; the use of, defect, condition, malfunction or any equipment, grounds, or other condition or cause in any way relating to the Equipment; any breach or violation of law or any rule, condition, provision, or requirement of this Agreement or any manufacturer’s requirements; the Company’s performance or exercise of any obligation, duty, power, authority, or discretion in relation to this Agreement or the Equipment; or any other cause of any kind whatsoever, foreseeable or unforeseeable. Customer’s obligations in this Indemnification provision shall survive termination and/or expiration of this Agreement. Customer’s obligations in this provision do not apply to the extent that a final, non-appealable judgment from a court of competent jurisdiction determines that such liability or claims arise solely from the Company’s gross negligence or willful misconduct.
Customer must return the Equipment in as good a condition as it was received, except for usual wear and tear. If the Equipment is found to be damaged upon return, Customer will be solely responsible and liable for all necessary expenses to repair or replace the Equipment, including but not limited to all expenses or costs incurred to repair, replace, or clean the Equipment as a result of any damage, loss, theft, contamination, misuse, vandalism, or other mistreatment of the Equipment while in Customer’s possession, custody, or control, and/or resulting from any act or omission of Customer or any guest, invitee, third party, participant, vendor, or any other individual or person. Customer acknowledges that failure to ensure that proper care is taken to maintain the Equipment in a reasonably clean condition may result in additional charges for cleaning, maintenance, servicing, repair, or replacement as needed.
The Company will complete an inspection of the Equipment in connection with pickup of the Equipment. If damage is found, the Company will provide notice to the Customer of the same within fourteen (14) days. Customer hereby expressly authorizes the Company to charge the credit card on file for all reasonable costs and expenses for cleaning, repairing, or replacing the property as necessary. The Company is under no obligation to use the least expensive means of restoration, repair, or replacement. If the credit card on file is declined or does not sufficiently cover the expenses needed to restore, repair, or replace the Equipment, Customer agrees to reimburse the Company for all such expenses or costs by another payment method, within fourteen (14) calendar days after the Company sends notification to Customer.
By signing this Agreement, Customer acknowledges and agrees that Customer has fully reviewed, read, and understood all payment terms herein, and that Customer fully accepts such terms. Customer expressly agrees not to initiate a chargeback or “unauthorized charge” dispute with any credit card company, issuing bank, or other institution or entity with respect to fees, costs, payments, or other charges made or assessed under the terms of this Agreement.
In addition to all other remedies available, the Company reserves the right to institute and prosecute such judicial actions and proceedings as may be necessary to recover or collect rents, monies owed, damages, costs, fees, and other expenses associated with any breach of this Agreement or relating to recovering or obtaining possession, custody, or control of the Equipment. In the event any legal action or proceeding is initiated for such purposes or to enforce the covenants or terms contained in this Agreement, Customer agrees that the Company shall be entitled to recover, as part of its damages, reasonable attorneys’ fees, legal costs, and expenses incurred in connection with such action, including any appeals.
This Agreement is personal to the Customer booking the reservation of the Equipment. In no event shall Customer assign, sub-rent, lend, or transfer the Equipment to any other person, nor shall Customer assign or delegate any rights under this Agreement. In the event of Customer’s death or incapacity, this Agreement and any rights in this Agreement do not transfer to successors, heirs, devisees, or other beneficiaries of Customer. All rights of the Company under this Agreement shall inure to the benefit of the Company’s heirs, successors, devisees, and assigns. This Agreement is solely for the benefit of the parties hereto and permitted assigns. No person or entity not a party to this Agreement shall be deemed an intended third-party beneficiary of this Agreement, nor shall any such person or entity have any right to enforce any provision of this Agreement.
This Agreement is the final, complete, and exclusive agreement of the parties and supersedes and merges all prior agreements, understandings, negotiations, representations, or discussions between the parties with respect to the subject matter of this Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by all parties to this Agreement. Customer acknowledges and agrees that Customer may not rely on any written or oral representation or promise not expressly set forth in the terms of this Agreement.
No failure or delay by the Company in exercising any power, right, or remedy hereunder shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any such power, right, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy under this Agreement. Any waiver by the Company is effective only if in writing and only for the matter expressly waived.
If a court of competent jurisdiction declares any provision of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall remain valid and fully enforceable. To the extent any language of this Agreement is held void or voidable, the Agreement shall be reformed to the minimum extent necessary to render it valid and enforceable, and only in view of the parties’ express desire that this Agreement be fully enforced. Should modification be impossible or impractical, the offending language shall be severed and/or omitted, and the remainder shall remain in full force and effect. In no event will the presence of an offending provision or language render this Agreement null, void, or otherwise unenforceable in its entirety.
Paragraph headers, sub-headers, and labels contained herein are for reference or the convenience of the reader only and shall not be considered in construing the Agreement and are not intended to modify or change the substance or terms of this Agreement.
This Agreement shall be interpreted, applied, and enforced under the laws of the state of Kansas, regardless of its choice of law principles and regardless of the residency, citizenship, or domicile of any of the parties. In the event of any dispute or claim arising out of or related to this Agreement or to Customer’s rental or use of the Equipment, any legal action shall only be brought in and determined by the District Court of Johnson County, Kansas, or the U.S. District Court for the District of Kansas. Customer hereby irrevocably consents to these Courts exercising personal jurisdiction over Customer in Johnson County, Kansas as to all such actions or proceedings and Customer agrees that such Courts shall have exclusive jurisdiction over the same, and Customer shall not contest personal jurisdiction or subject matter jurisdiction of such Courts over any such action or proceeding.
This Agreement may be signed by electronic means. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. Delivery of an executed counterpart of the Agreement by facsimile or other electronic transmission, or any other reliable means, shall be effective for all purposes as delivery of a manually executed original counterpart.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Customer has read and agreed to all terms and conditions of this Agreement and further acknowledges the following:
By their signature, Customer acknowledges they have read this Agreement and agrees to all terms, conditions, requirements, rules and regulations therein.
