Frederick BounceFREDERICK BOUNCE
Standard Rental Terms — Equipment Lease, Assumption of Risk, Renter Duties, and Indemnity
Virginia (Frederick County / Winchester area)
These terms apply to every rental from Frederick Bounce and from any successor limited liability company that operates the Frederick Bounce brand (together, “Company”). They are part of the booking. By completing a booking, paying the deposit, or accepting the Equipment at drop-off, Renter agrees to them. No separate signature is required.
Released Parties means Company and its owners, members, managers, employees, contractors, operators, and anyone acting for Company on this rental. Released Parties does not include any other business. Each Released Party who is not a signatory is an intended third-party beneficiary and may enforce these terms.
Questions and photo opt-outs: (301) 928-3915 or newcomer.matthew.w@gmail.com.
1. Who and what
Renter is the person or entity named on the booking.
Equipment means the inflatable devices on the booking — bounce houses, combo units, inflatable slides (including water slides), obstacle courses — and blowers, stakes, anchors, cords, and hardware furnished with them. If the booking includes a generator, Equipment includes that generator and its fuel can, cords, and related hardware. It does not include bungee or mechanical rides.
Event Site means the private residential address on the booking.
Participants means Renter, Renter’s household, and invited guests who use or are near the Equipment.
Deposit and balance. A 50% reservation deposit is due at booking. It holds the date. Once Company receives it, the deposit is non-refundable, including if Renter cancels or changes Renter’s mind. Two exceptions only: (1) if Company cancels because a unit is down or Company cannot staff the job, Renter chooses a refund of the deposit or a reschedule to a later available date; (2) if weather makes the rental unsafe (including wind, lightning, or a shutdown under §7), Company will reschedule to a later available date — weather is not a refund. The balance is due the day before the rental. False backyard or power warranties, or Renter not ready at the scheduled time, are not Company cancellations and do not restore the deposit.
2. This is an equipment rental, not a public amusement
This transaction is a lease of goods / off-premises equipment rental for a private event. Company is a lessor. It does not operate a venue, carnival, fair, or amusement park, does not stay, and does not staff the event. Renter takes the Equipment for use at Renter’s private Event Site.
The Virginia Amusement Device Regulations treat devices at private events as not “open to the public.” These terms are written for that private-event model. They are not a permit to use the Equipment at a public or community event.
3. Private backyard only
This rental is solely for an invitation-only private event at a private home or backyard in Virginia. The general public may not attend. Renter will not place or use the Equipment at a park, school, church or community festival, HOA or common area, street, or any site open to the community. Company may refuse delivery or retrieve the Equipment if this warranty is untrue, without refund of the deposit or of drop-off or setup already reserved.
4. Drop-off, set-up, and take-down
Every rental is drop-off, set-up, and take-down. There is no customer-pickup option. Renter does not haul the Equipment and does not set it up or take it down.
Company delivers the Equipment to the Event Site, inflates and stakes it, confirms it is running, then leaves. After the rental window, Company returns to take the Equipment down and retrieve it. Company does not stay and does not provide an attendant, operator, monitor, or lifeguard during the event. After Company finishes setup, Renter is responsible for supervision of users and for the duties in §7 until retrieval.
An adult 18 or older must supervise whenever the Equipment is in use. If Renter will not be present, Renter is responsible for that adult as if Renter were there.
5. Power and generator
Checkout requires a power selection. The booking records which one Renter chose. These terms cover both. A generator on the booking does not make Company an attendant, operator, or stay-on-site service.
House power. If the booking states that a working grounded 110-volt outdoor outlet is available within 100 feet of the setup, Renter warrants that outlet exists, works, is outdoor-rated and grounded, and will remain available for the rental. If that warranty is false, Company may refuse setup or, if a generator is available, apply the $149 generator add-on and proceed. There is no refund of the deposit or of drop-off or setup already reserved.
Generator add-on. If the booking includes a generator (Renter selected no power / generator), the fee is $149. The rental window is 8 hours. Fuel is included for the first 4 hours; fuel after that is Renter’s. The 50% deposit includes the generator fee. The generator remains Company Equipment. Damage, loss, theft, and return rules in §10 apply to it.
Outdoor only. A generator may be used only outdoors, in open air. It will not be placed or run in a garage, tent, bounce house, or any enclosed or partially enclosed space. Carbon monoxide from a generator can kill. Renter will not move a generator indoors or into an enclosure after Company leaves.
Drop-off with generator. Company sites the generator outdoors, starts it, confirms the blower is running, then leaves. Siting, starting, and fueling are Company work covered by the Released Parties definition. They are not attendance during the event.
6. Inherent risks and assumption of risk
Inflatable use is recreational and voluntary. It involves inherent and other risks of serious injury, including sprains, fractures, concussions, paralysis, drowning (water units), carbon monoxide poisoning, fire, electrical shock, and death.
Those risks include, without limitation:
- falls, slips, trips, and collisions with other users or with walls, seams, netting, or the ground; - sudden or gradual deflation, collapse, tipping, or shifting from wind, weather, power loss, blower failure, hose disconnect, overload, or anchor or stake failure; - weather, including wind at or above 15 mph, lightning, rain, heat, and cold; - electrical shock, burns, fire, and carbon monoxide from blowers, cords, and generators, including a generator left running after Company has gone; - Event Site conditions (slope, wet ground, utilities, overhead lines, debris); - the conduct of other participants, including roughhousing and failure to follow rules; - failure or defect of the Equipment, blower, stakes, anchors, or generator, whether or not apparent at turnover; - errors in inflation, anchoring, siting, starting, or fueling, whether by Company on drop-off; - delayed or inadequate first aid, and the absence of Company personnel during use.
Renter has read these risks, fully appreciates their nature and extent, and voluntarily chooses to encounter them for Renter and, to the extent Virginia law allows, for Renter’s own minor children who use the Equipment.
Renter does not assume, and these terms do not excuse, any Released Party’s gross negligence, willful or wanton conduct, or intentional misconduct.
7. Renter’s duties after turnover
From Company leaving the site until retrieval:
Supervision. A responsible adult (18+) must watch the Equipment at all times while anyone is on, in, or next to it. No unsupervised use.
Rules. Renter will enforce Company’s and the manufacturer’s rules, including occupancy, weight, and height limits; keeping small children off the unit with larger users; no flips, wrestling, or climbing walls or netting; no shoes, sharp objects, silly string, food, or drinks inside; no use by anyone intoxicated, pregnant, or whose condition makes use unsafe; no moving, restaking, or disconnecting blowers except as instructed or for emergency deflation.
Weather. Renter will evacuate and deflate immediately upon lightning, thunder, hail, a severe-weather watch or warning, or wind at or above 15 mph (or any lower manufacturer limit). Do not resume until conditions are safe. Renter monitors weather.
Site. Renter has authority to use the Event Site. The surface will be reasonably level and clear of debris, pet waste, and obvious obstructions. Before drop-off setup, Renter will identify underground utilities, irrigation, septic, and overhead lines. Renter is responsible for turf, irrigation, pavement, and similar site damage from staking or use, except to the extent caused by a Released Party’s gross negligence, willful or wanton conduct, or intentional misconduct.
Power. Blowers stay on during use. House-power and generator rules are in §5.
Care and return. Renter will protect the Equipment from theft, vandalism, and misuse, and return it in the condition furnished, ordinary wear excepted.
Walk-through. Before Company leaves, Renter (or the adult Renter sends) will look at the setup, including any generator. If anything appears unsafe or incomplete, do not use the Equipment and call Company. Use after Company leaves is acceptance of the setup as then visible.
8. Property-damage release; personal injury
Property damage. To the maximum extent permitted by Virginia law, Renter releases the Released Parties from claims for damage to Renter’s property arising out of this rental, including claims caused in whole or in part by a Released Party’s ordinary negligence.
Personal injury. Virginia public policy generally prohibits a pre-injury release of claims for personal injury caused by future negligence (*Hiett v. Lake Barcroft Cmty. Ass’n*, 244 Va. 191 (1992)). These terms do not purport to waive such claims except to the extent a Virginia court later holds that a release of that kind is enforceable. If any sentence is held to be a void personal-injury release, it is severed. The assumption of risk in §6, the duties in §7, the property-damage release, and the indemnity in §9 still apply.
Renter will not sue any Released Party on a claim that is validly released. If Renter does, and the claim is found released, Renter will pay that Released Party’s reasonable defense costs on that claim.
9. Minors
Renter represents that Renter is a parent or court-appointed legal guardian of each minor who will use the Equipment, or that each such minor’s parent or court-appointed guardian has agreed to these terms. A host may not bind other people’s children.
A parent or guardian who is Renter consents to that minor’s use, has read the risks in §6, and will supervise (or ensure an adult listed on the booking supervises) that minor.
A parent cannot, under current Virginia law, waive a minor’s personal-injury claim for a Released Party’s negligence. Nothing in these terms is a *Rosen*-style parental waiver of the child’s tort claim. The parent’s own assumption of risk, property-damage release, indemnity, and duties still apply.
10. Indemnity
Renter will defend and indemnify the Released Parties against claims by Renter’s guests or others to the extent those claims arise from (a) Renter’s breach of these terms (including failure to supervise, to shut down for weather, or to keep a generator outdoors), or (b) Event Site conditions within Renter’s control.
This indemnity is intended to cover third-party claims and property damage. It is not an indemnity for a Released Party’s own negligence causing personal injury, to the extent Virginia law would treat that as a void pre-injury release. If any indemnity prong is held unenforceable, the remaining prongs still apply.
11. Equipment damage
If the Equipment is lost, stolen, or damaged beyond ordinary wear (including silly string, burns, cuts, stains, missing parts, or generator/fuel-can damage), Renter will pay reasonable repair or replacement cost plus documented lost rental days.
12. Emergency medical care
If Renter or Renter’s minor is injured and cannot consent, Renter authorizes reasonable emergency care and will bear the cost of that care, except to the extent the injury was caused by a Released Party’s gross negligence, willful or wanton conduct, or intentional misconduct.
13. Photos and video
Renter grants Company a royalty-free right to use photos or video of the Equipment, the Event Site, Renter, and Renter’s own minor children at the event for Company’s advertising. Company will not feature other people’s children in advertising. Renter may email newcomer.matthew.w@gmail.com before the event to opt out of advertising use of Renter’s or Renter’s children’s identifiable images; setup and Equipment photos may still be used.
14. Law, venue, severability, acceptance
Virginia law governs, without regard to conflict-of-laws rules.
Exclusive venue is the Circuit Court of Frederick County, Virginia, or the U.S. District Court for the Western District of Virginia if federal jurisdiction exists.
Renter brings claims only in an individual capacity, not as a class or representative plaintiff.
For actions on unpaid rental, deposit, damage, or cleaning charges, Renter will pay Company’s reasonable collection costs and attorneys’ fees.
Any claim arising out of the booking that is not a claim for bodily injury or wrongful death must be filed within one year after it accrues. This shortened period does not apply to a minor’s claims or to personal-injury or wrongful-death claims. If a court holds that a shortened period cannot apply to a particular claim, only that application is struck.
Each party waives trial by jury in any action on the booking or these terms other than a claim for bodily injury or wrongful death.
If any provision is held invalid, overbroad, or void, it shall be modified to the minimum extent needed to make it enforceable, or if it cannot be, severed. The rest remains in effect. It is the parties’ express intent that the equipment-rental recitals, enumerated assumption of risk, renter duties, property-damage release, and indemnity each be enforced to the fullest extent Virginia law allows, independently of the others.
These terms, the booking confirmation, and the rules sheet Company provides are the entire agreement on this subject. Renter has not relied on any oral promise that contradicts them. Company may update these terms for future bookings; the version in effect when Renter books governs that rental. Electronic, clickwrap, payment, and deposit acceptance are effective.