TDL BOUNCIN CO. LLC 

RENTAL AND LICENSING AGREEMENT 

This RENTAL and LICENSING AGREEMENT is entered into by and between TDL BOUNCIN CO. LLC, an Ohio Limited Liability Company dba YO BIG BOUNCE! (hereinafter the "Licensor") and you, the customer, (hereinafter the "Licensee"). 

In consideration of Licensee's Payment to Licensor, Licensor hereby grants Licensee a license (hereinafter referred to as the “License”) to use the Units selected by the Licensee as described and limited herein. The rights to the usage of the Units for the limited purposes described herein is a temporary revocable license which may be canceled or otherwise restricted without advance notice to Licensees in the sole and unfettered discretion of Licensor. Licensees acknowledges and agrees that he/she/it does not have any ownership or other interest in the Units or any other right in law or in equity aside from the right to use the same in accordance with this License and upon the terms and conditions contained herein.  In consideration thereof, Licensor and Licensee hereby acknowledge and agree to the following:

1. On the Rental Date and within a reasonable time either prior to or after the Delivery Time (to be provided by the Licensor), Licensor agrees to deliver and set up the Units at the Event Location (to be provided by the Licensee). Further, Licensor agrees to tear down and remove the Units from said Location within a reasonable time either prior to or after the Removal Time (to be provided by the Licensor). Licensee hereby grants Licensor the irrevocable right to enter the Event Location for such delivery, set up, tear down and removal of said Units.  Licensee represents and warrants to Licensor that he/she is the lawful owner of the Event Location or is otherwise expressly authorized by the lawful owner to authorize the delivery and set up of said Units for use in accordance with this License.  

2. Licensee does hereby acknowledge that the activity to be engaged in through the Licensee's rental of the inflatable, interactive amusement devices – the Units - which are the subject of this License brings with it both known and unanticipated risks to Licensee, Licensee's guests and invitees. Those risks include, but are not limited to, falling, slipping, crashing, and colliding and could result in injury, illness, disease, emotional distress, death to Licensee, Licensee's guests and invitees and/or property damage to the Event Location and other property owned by Licensee, Licensee’s guests and invitees. Licensee shall advise all guests, invitees, and users of the Units of the risks described above prior to their use of the Units.

3. The Licensee does hereby voluntarily release and expressly agrees to indemnify and hold harmless the Licensor, as well as the Licensor's agents, officers, members, employees or affiliates, from any and all liability, claims, demands, actions or rights of actions, whether personal to Licensee or to a third party (such as any guest or invitee of Licensee) which are related to, arise out of, or are in any way connected to Licensee's rental and use of the Units, including those allegedly attributable to negligent acts or omissions. Licensee, his/her heirs and assigns, releases and forever discharges from liability any claim that Licensee, his/her heirs and assigns, may have for personal injuries or property damage which Licensee, his/her heirs and assigns, may suffer as a direct result of any negligence of Licensor or Licensor’s agents, officers, members, employees, or affiliates. Licensee further agrees to reimburse any reasonable attorney fees and costs which may be incurred by Licensor or Licensor's agents, members, employees or affiliates in defense of any such liability claim, demands, actions or right of action.

It is expressly agreed that Licensee assumes full responsibility and liability for all damages, losses and liabilities which are related to, or arise out of, or are in any way connected to the Licensee’s rental of the Units and use of the same by Licensee and his/her guests and invitees or arising from any conditions on the Event Location once the Units is set up and during the period which Licensee and his/her guests and invitees uses the same until the Removal Time. Licensor shall not be responsible for any property damage of any kind at the Event Location or any bodily injury to, or the personal conduct, safety and welfare of, Licensee or Licensee’s minor children, guests, invitees or other users of the Units on the Rental Date. Licensee expressly releases and agrees to indemnify Licensor and its respective agents, officers, and employees or affiliates from any and all claims, damage, losses or liability associated therewith.

Licensee expressly agrees to defend, indemnify and hold Licensor harmless from any and all claims arising out of any accident, injury, damage or other loss or harm to or incurred or suffered by any person in connection with or incidental to the activities of Licensees or any guest or invitee of Licensees using the Units in accordance with this License.

1. Licensor and Licensee hereby waive trial by jury in any action, suit or proceeding related to, arising out of or in connection with the terms, conditions and covenants of this License, and Licensee shall and does hereby waive removal of any action, suit, or proceeding to any federal district court. In the event Licensor commences any action for nonpayment or breach by Licensee of any of its obligations pursuant to this License, Licensee hereby waives and shall not interpose any defense of improper venue or lack of personal jurisdiction in any such proceeding or action. Licensee agrees that any claim, cause of action or lawsuit shall be brought in Mahoning County Common Pleas Court, Mahoning County, Ohio, and that Ohio law shall govern any such dispute.

2. Licensee hereby acknowledges that the Units may be an attraction to minor children and other persons. Licensee agrees to supervise the Units and the use of the Units all times when the Units is in the Licensee's possession including from the Delivery Time until the Removal Time. Licensee also acknowledges that he or she has read and understands the "Rules” governing the use of the Units, which is attached to this License and incorporated herein. Licensee further agrees to advise all invitees, licensees, guests and users of the Units of the aforementioned Rules. Licensee further agrees to follow the aforementioned Rules and to require all invitees, licensees, guests and users of the Units to follow these rules at all times. Licensee acknowledges and agrees that he or she (or of Licensee is a business entity, a manager or supervisor) has watched and understands the required training video supplied by Licensor prior to the use of any Units. 

6. Licensee hereby covenants and agrees that he or she has sufficient homeowner's insurance, tenant insurance, or other liability and property insurance with coverage of at least $1,000,000.00 to cover: (i) any and all bodily injury to Licensee, and its invitees, licensees, guests and users of the Units, (ii) any and all damage to the real or personal property of Licensee and its invitees, licensees, guests and users of the Units, which result from the use of the Units and/or the delivery, set up, tear down or removal of said Units, and (iii) any damage to, destruction of, or theft of the Units. Upon the request of the Licensor, Licensee shall provide Licensor with a copy of the declaration page of Licensee's insurance policy to confirm the aforementioned insurance coverage. If the Licensee fails to provide proof of such insurance coverage, Licensor shall have the right to immediately cancel and terminate this License without penalty or liability to Licensee.

7. If any provision of this License, or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this License or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this License shall be valid and be enforced to the fullest extent permitted by law.

8. Licensee acknowledges and certifies that he or she has had sufficient opportunity to read this entire agreement and the attached "Rules," that the Licensee has executed this document freely, intelligently and without duress of any kind and that the Licensee agrees to be bound by its terms.

9. Licensee acknowledges and agrees that there shall be an extra cleaning charge of Two-Hundred and 00/100 Dollars ($200.00) payable to Licensor by Licensee upon demand if any of the Units are extraordinarily soiled or dirty when Licensor returns to the Location at the Removal Time to disassemble and remove the same or within a reasonable time thereafter.

10. Licensee acknowledges and agrees that Payment shall be due and payable to Licensor upon the date this request is submitted in order to reserve the Units for the Rental Date. This Agreement shall not be binding upon the Licensor unless and until the Payment is received.  

Rules:

1. Must have adult supervision at all times. 

2. No shoes, loose jewelry, glasses, and/or anything that may be sharp or hard. 

3. Socks are required in all dry bounce Units.

4. No flips, wrestling, clumping the net walls, or aggressive behavior while on any Unit. 

5. Only children of the same age and approximate weight should use the Unit at the same time to avoid injury. 

6. User should not lay down or sit while others are bouncing or using the Unit to avoid injury. 

7. No food, drink, gum, or candy is permitted in any of the Units.

8. If a Unit begins to lose air (deflate), exit immediately.

9. If weather brings to rain, or becomes windy in excess of 15mph, please exit the Units immediately.

10. No one with any medical conditions, including pregnancy, shall enter any of the Units at any time. 

11. When using the single lane ladder stairs, only one person is allowed at a time. You must wait until the ladder stairs and landing entry is clear before beginning the climb.

12. It’s recommended that children of the age 6 and older should use the Units.