In exchange for the services provide by Foam My Party, LLC (also hereinafter referred to as FMP) hereby confirm, acknowledge, and agree as follows:
1. Foam My Party, LLC will:
- Provide all equipment necessary to provide the services agreed to in the Invoice section of this Agreement, or as attached hereto, including for all delivery, set-up, operation, and teardown of all foam party equipment;
- Carry a liability insurance policy covering FMP’s services, personnel, and equipment.
2. I, as the Customer, will:
- Provide both a single dedicated 110volt/20amp independent circuit with nothing else plugged into it, and a standard water hose connection, each within 100 feet of the foam area;
- Provide any required entrance and parking passes;
- Follow all instructions and suggestions provided by Foam My Party, LLC representatives regarding conduct of all participants during the foam party, and to agree and abide by all other terms below and herein.
3. INDEMNITY AND HOLD HARMLESS AGREEMENT: I hereby agree to assume all risks of, and indemnify and hold Foam My Party, LLC harmless for, any and all property damage or personal injuries caused from or by any of FMP’s employees or agents, or any foam equipment and/or use of the equipment, whether arising out of FMP’s negligence or otherwise, incurred by me or by any other person participating in my foam party.
4. DAMAGE FROM FOAM: Colored foam or glow foam can and likely WILL cause staining. Foam My Party, LLC is not responsible for staining of any kind, and I agree to indemnify and hold FMP harmless for any such claims.
5. SUPERVISION OF MINOR CHILDREN: I will provide for and maintain adult supervision over all minor children participating in or observing the foam party for entirety of the party, including all setup and teardown time for any Foamy My Party representative from the moment of their arrival until their departure. FMP is not responsible for any supervision of minor children, and I agree to indemnify and hold FMP harmless for any claims for any damages or other causes of action based on negligent failure to supervise or any other similar or related claims.
6. USE AND OPERATION OF EQUIPMENT AND PROHIBITED USES: Only authorized employees or representatives of Foam My Party, LLC may touch, use, operate, or handle the foam machine(s) or other equipment provided by FMP. Any use of or attempt to use any the foam equipment, by me or any participant in my foam party or other individual not provided by FMP, for any purpose not expressly authorized by FMP including but not limited to the following, is prohibited, and constitutes a breach of this Contract:
- Use for illegal purposes or in an illegal manner;
- Use when the equipment is in bad repair or damaged, or is in any way not functioning properly or as intended;
- Improper, unauthorized, or unintended use or misuse;
- Use at any location other than the address(es) furnished to FMP and identified herein.
7. LATE ARRIVAL OR DELAYED START: If I am late to my foam party or do not have everything ready for setup as instructed by FMP, and such tardiness or failures result in delaying the start of the foam party, FMP is not responsible for making up missed time. If FMP is late arriving or otherwise delayed with setup through no fault of my own or of anybody for whom I’m responsible, FMP may make up the missed time at the sole discretion of FMP. If I am not present at my foam party when FMP arrives, FMP will wait up to half (50%) of your party time for your arrival. If you fail to arrive to your party, no refund will be authorized as outlined in paragraph 11 below.
8. ASSIGNMENT OF RIGHTS: Foam My Party, LLC may assign its rights under this Contract Agreement without my consent.
9. CONSENT TO USE OF PHOTOS, VIDEOS, IMAGES: I affirmatively consent to, and freely give permission for, free use by Foam My Party, LLC of all minor participant’s name, or images or recordings depicting his/her participation in any phase of the foam party, in broadcasts, telecasts, written accounts, social media postings, video or audio depictions, marketing materials, or any other medium, at the sole discretion of any FMP owner, employee, agent, or other representative.
10. DIRTY, DAMAGED, OR LOST EQUIPMENT: I assume responsibility and will pay for any damage to or loss of the equipment, regardless of cause except for any reasonable and expected wear and tear, caused by any person not provided by FMP while the equipment is being used for my benefit under this Contract. I also agree to pay a reasonable cleaning charge for any equipment caused to be dirty or in any other way different than the condition in which it arrived for my foam party. Equipment damaged beyond repair will be paid by me at fair market value. The cost of repairs will be paid by me, whether performed by Foam My Party, LLC or, at FMP’s sole discretion, by others.
11. PAYMENT TERMS AND TIME: I agree to make a down payment of $100 to secure my party date and time. I agree all remaining balances due and payable are due no later than 7 days before my foam party. If additional or upgraded services are ordered within 7 days before my party, additional payments will be due immediately when ordered. All sales are final and no refunds will be given for any canceled party. If a party must be postponed due to inclement weather, there will be no fee for rescheduling as long as notice is provided before FMP arrives to set up.
12. COLLECTION COSTS: In the event I fail to make all payments due and owing under this Contract, I agree to pay all reasonable costs and fees incurred by Foam My Party, LLC for collecting such amounts owed. These amounts specifically include all reasonable attorney’s, and court fees or other costs or expenses involved in the collection of the charges I owe or otherwise incurred in enforcement of FMP’s rights under this Contract.
13. DISCLAIMER OF AGENCY: I am not the agent of FMP for any purpose.
14. DISCLAIMER REGARDING MANUFACTURER: Foam My Party, LLC is neither the manufacturer of the foam machine or other equipment used, nor the agent of any manufacturer, and FMP shall not be liable in any way to me or any other attendees or participants in my foam party for any claims, damages, or other causes of action related to any manufacturer defect, or other negligence or wrongdoing by the manufacturer.
15. TITLE: This agreement is not a contract of sale nor a rental agreement. Title, possession, access to and use of all equipment is and shall remain solely FMP’s.
16. SEVERABIITY: The provisions of this agreement shall be severable so that the invalidity, unenforceability, or waiver of any of provision will not impact or otherwise effect enforceability of any other provision.
17. CHOICE OF LAW: I agree this Contract shall be governed by the laws of the state of Kansas, and jurisdiction for any dispute related in any way to this Contract, or the equipment, or Foam My Party, LLC shall be in the District Court of Johnson County, Kansas.