Fun Magic World Terms and Conditions of Hire

Fun Magic World Terms and Conditions of Hire 

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This is a legal document between the person/organization hiring the play equipment “The Renter” and Fun Magic World, LLC “Fun Magic World”, which affects your legal rights, so please read carefully. The Renter desires to rent from Fun Magic World play equipment to be used by Renter, his/her guests, invites or other persons while in Renter’s possession.

Fun Magic World accept no liability for any injury, illness or even death that may occur as a result of using this play equipment (the play equipment for hire and includes all accessories and other equipment as set out in Quote). The person/organization hiring the equipment will be responsible/liable for any damage or injury occurring from, or as a result of misuse or reckless use. Please note that all people using this soft play equipment do so at their own risk and it is the responsibility of the Renter to ensure that the following safety guidelines are always adhered to during use.

 

Rules of Play

 

·      Children must be supervised ALL the time.

·      Children between the ages 0 - 5 years can only use the soft play equipment.

·        Shoes, heels, glasses, jewelry, badges and any other sharp objects MUST be removed prior to entering the soft play area. Parents/guardians who enter the soft play area must also remove their shoes. This helps to prevent injuries from occurring and protects the equipment from damage.

·        For hygiene reasons socks MUST be worn all the time in the soft play area.

·        No diving or throwing balls out of the ball pit. Ball pits will not be filled to full capacity to prevent asphyxiation, particularly with younger children.

·      Strictly NO face paint, glitter, confetti, food, drinks, chewing gum, bottles, glasses, pets, pens, paint, dye, spray silly string, streamers, party poppers, water, sand, mud, dirt or other sticky substances are allowed on the equipment at any time.

·        There are to be no acrobatics or gymnastics type activity performed on the soft play equipment at any time. Strictly no jumping, pushing, intentional colliding or any behavior that is likely to result in injury to self or others.

·        To prevent the spread of illness, do not allow any person to enter the play area who has reported an illness or open wound.

·      Strictly NO smoking, barbeques, lighters, toys, pets or animals to be on or near the hire equipment at any time.

·      Ensure the equipment is not overcrowded and limit the number of children using the equipment to avoid accidents and serious injury.

·        It is recommended that shade is available for all outdoor setups, especially in hotter months. The external material of our equipment can get very hot, making burns possible Fun Magic World accepts no liability for this or other injury as stated above.

·        Any damage must be reported to Fun Magic World immediately. Do not continue playing if any damage occurs.

·      Once Fun Magic World Play staff set-up for use, the entire set-up must not be removed, adjusted or relocated.

 

Booking, Cancellation and Refunds

 

·        All bookings must be made in advance by contacting the Fun Magic World  

·        The availability of the soft play equipment is subject to change and can only be guaranteed at the time of booking.

·        The Renter acknowledges there is a minimum spending of $500.00.

·        The bookings are not confirmed until the Renter returns a Booking Form and once a 50% non-refundable deposit has been paid, to avoid disappointment.

·        A $150 security deposit is required on all hire equipment. If the equipment is returned to us in good condition, the security deposit will be refunded within 10 working days.

·        The remaining balance must be paid 7 days prior to the event.

·        If the booking is cancelled within 7 days prior to the event, your 50% deposit will be forfeited as it is non-refundable. However, if cancellation occurs in excess of 7 days prior to the event, the hirer will be issued a credit for the booking fee amount, which may be used to rebook the event at another date within a period of 6 months after the initial booking date, subject to availability.

·        No-shows will be treated as a cancellation.

·        Refunds, if applicable, will be processed through the original payment method within a reasonable timeframe.

·        In the occurrence of bad weather for outdoor bookings, contact will be made by us the day prior/on the day of the event to discuss your Plan B inside area set up. Unfortunately, Fun Magic World is not liable for when it rains. We can’t set up in the rain. We know that the weather can fluctuate in Miami so if you cannot find a dry spot for our zone, we offer a credit to be used any other day the zone is available.

·        Hire rates for all packages are subject to change at any time. This rate will be secured upon booking and deposit.

·        Requests for changes to a confirmed booking, such as date modifications, changes in the duration of the rental, or amendments to the equipment requirements, are subject to availability and approval by Fun Magic World.

·        Additional charges or fees may apply for any changes made to a booking, and these will be communicated and agreed upon before the changes are finalized.

·        Changes requested within the 7 days prior to the event may be treated as a cancellation.

Force Majeure:

In the event of unforeseen circumstances or force majeure events that may impact the booking, such as natural disasters, government regulations, or travel restrictions, the provider reserves the right to modify or cancel the booking without liability or obligation. Alternative arrangements or refunds, if applicable, will be offered to the extent possible under the circumstances.

By making a booking for our soft play equipment, you acknowledge and agree to comply with the above booking and cancellation policy. We recommend reviewing the specific terms and conditions associated with your booking, as they may contain additional details or exceptions.

If you have any questions or require further clarification, please do not hesitate to contact us directly.

 

Delivery and Setup/Pack up

 

·        Delivery and setup are $150 within 25 miles. After 25 miles the delivery fee will be determined by location.

·        Our team will handle the setup at the designated area. It is important to ensure there is a flat, clean and sufficient space, ready for our team to effortlessly set up the equipment.

·        Please check the measurements carefully prior to confirming your booking. 

·        For health and safety reasons, we reserve the right to remove certain items from the booked package if there is not adequate space available. If items are removed under these circumstances the total fee will still be charged.

·        Small walkways, stairs and elevators charges may apply. Please ensure the booking form has all the information included. We need to have an empty driveway for our van during the set up and pick up.

·        Once we install equipment, we do not move our installments, in case that is really needed we will charge an additional fee of $150.

·        At the end of the rental period, our team will return to the location to dismantle and pick up the soft play equipment. If the equipment is returned in extremely dirty condition at the time of pick up, the Renter will be charged a $150 cleaning fee.

·        If there is any damages or loss of equipment that occur during the rental period due to misuse, negligence, or failure to follow safety guidelines The Renter will be charged at an appropriate amount, i.e., cost or repair or replacement.

 

Waiver & Release of Liability

 

In consideration of the risk of injury that exists will Renter’s use and possession of Fun Magic World equipment. Renter understands and acknowledges that this release discharges Fun Magic World and its Staff from any liability or claim that the renter may have against Fun Magic World with respect to any bodily injury, illness, death or property. Renter does hereby release and will forever discharge and hold harmless Fun Magic World and its successors and assigns from all liability claims, and lawsuits of any kind or nature either in law or in equity, which arise or may hereafter arise from Renter’s possession and use of Fun Magic World equipment. 

 

Renter understands that insurance for liability, health and medical or disability coverage in any way related to the rental of equipment under this agreement is the sole responsibility of Renter.

 

Renter agrees that he/she holds Fun Magic World harmless from any liability resulting from the use of Fun Magic World play equipment by Renter, his / hers assigns, heirs, guests, invites or other persons using the equipment while in Renter’s possession.

 

By signing below, I and my guests forfeit all rights to bring a suit against Fun Magic World and affiliates for any reason. In return, I will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the Fun Magic World experience positive. I have heard the safety rules and understand that I will ask for clarification when needed. 

 

Renter releases media rights to Fun Magic World for the use of their social media including Facebook, Instagram, Pinterest, Website: funmagicworld.com. Renter must inform in writing prior to the event that they do not want media released.

Renter expressly agrees that this Waiver and Release is intended to be as broad and inclusive as permitted by laws of the State of Florida and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida and supersedes any, and all previous oral or written promises of agreements.

By paying for the service from Fun Magic World and renting equipment, the Renter agrees to enter into the above agreement with Fun Magic World.

I hereby assume the potential risks of participating in this event by Fun Magic World. In consideration of being allowed to participate, I willingly agree to the following waiver and release of liability:

I CERTIFY THAT I AM PHYSICALLY WELL, I do not any symptoms of COVID-19 ad no qualified medical professional has advised me (us) to not participate or stay home in quarantine or isolation. I acknowledge that I (we) have been and will again be in public places, businesses, and in the presence of individuals other than those in my (our) household before and after this Fun Magic World event.

I UNDERSTANDS AND ACKNOWLEDGES THAT THIS RELEASE DISCHARGES Fun Magic World from any liability or claim that the Renter may have against Fun Magic World with respect to any bodily injury, emotional distress, personal injury, illness, COVID-19, death or property damage that may result from Renters or the Renter’s guests use and possession of Fun Magic World equipment.

I, HEREBY RELEASE, FOREVER DISCHARGE, HOLD HARMLESS AND PROMISE NOT TO SUE Fun Magic World and their directors, officers, employees, volunteers, representatives, or agents from any, and all liability claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Renter possession and use of Fun Magic World equipment.

I HAVE CAREFULLY READ AND UNDERSTOOD THIS WAIVER AND RELEASE OF LIABILITY, AND I VOLUNTARILY AGREE TO ITS TERMS AND CONDITIONS.I AM SIGNING THIS DOCUMENT IT OF MY OWN FREE WILL.