Foam Party in Houston

Terms & CONDITIONS Xtreme Foam Fun

RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION RISK ATTENTION: BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS  CONTRACT & TERMS

  PLEASE READ THE INFORMATION BELOW CAREFULLY

This agreement is between “Customer” and  “Pairific Group LLC, d.b.a Xtreme Foam Fun. Identity of parties: For the purposes of this Event Agreement, “Pairific Group LLC, d.b.a Xtreme Foam Fun”, shall mean Xtreme Foam Fun, its owners, officers, directors, employees, contractors, and agents. “Customer” shall mean the person(s) or company listed in the “Rented To” box on the invoice page of this agreement as well as the person signing the agreement (if different), and their agents and/or employees.

 

Xtreme Foam Fun, for themselves, their present and former parent, subsidiaries, affiliates, and related companies, and each of their respective present and former directors, officers, shareholders, employees, volunteers, servants, agents, administrators, trustees, successors, and assigns, and any party or parties who claim a right or interest through them (hereinafter, the “Releasees”); Foam Party (the “Activity”) This Participation Agreement and Waiver and Release of Liability is entered into between the undersigned “Participant” and Xtreme Foam Fun, its directors, owners, employees, volunteers, and facilities, and the owners and lessors thereof, hereinafter referred to as Xtreme Foam Fun or collectively as “Releasees”). Participation in the activities of Xtreme Foam Fun can be HAZARDOUS AND PRESENT A DANGER TO PARTICIPANT. If at any time the Participant believes conditions to be unsafe, he/she will immediately discontinue further participation in the Activities.

1. IN CONSIDERATION for participating in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, myself as the Participant, I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION AND HOLD HARMLESS the Releases from any and all claims I may now and/or in the future may have against the Releases, and from any and all liability, for any personal injury, death and/or property damage (including but not limited to clothing item (as a result of the Color Additive in the Color Foam)), expense, and/or loss sustained by the Participant, incurred on his/her account as a result of the Participant’s participation in the Activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect the myself, risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier’s liability legislation and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON.

2. ACKNOWLEDGE, agree, and represent that I understand the nature of Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

3. FULLY UNDERSTAND THAT: (a) ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity. 

4. PAYMENT TERMS: We require a NON-REFUNDABLE booking fee that is charged to a credit or debit card to secure your date and time. All remaining balances can be paid using the following payment methods: Venmo, Zelle, Cash App, Debit, or Credit Card.  You, the client do hereby agree to pay the total contract amount for the entertainment services to the company. The final payment is due 24 hours in advance of the client’s event date. An automated email reminder will be sent 3 days prior to your event for any unpaid balance and things to do before your event. Services will not be rendered with an unpaid balance. All Payments are NON-REFUNDABLE. 

5. RESERVATION TERMS (Payment Schedule) :

 

– Reservations made more than 30 days before the event date must pay a non-refundable booking fee of $100 and full payment must be received at least 30 days before the event.

 

– Reservations within 30 days of the event must pay a non-refundable booking fee of $100 to the reserved date, and full payment must be received before 7 days of the event.

 

– Reservations made within 7 days of the event must be paid in full at the time of booking.

 

6. THE PARTICIPANT ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and exposes the Participant to the possibility of personal injury including but not limited to, slipping and falling, skin becoming irritated from bubble and soap, injury from the truck, damage to the grass, flying objects, irritation of the eyes, all the before mentioned is by no means meant to be all-inclusive of said hazards one may incur, also include possible death, property damage and/or loss resulting therefrom. You may get hurt by bubbles getting in your eyes, skinning your knees after running into the bubbly awesomeness, doing dance moves or poses, or competing in strenuous positions. You’re deciding to participate in such activities is 100% voluntary and you do so at your own risk. You may choose to eat or digest food or candy that may taste bad and you may vomit as a response. Risks may arise out of contact and/or participation with other participants, equipment, and other mishaps. Risks may be caused by the Participant’s own actions or inaction, the actions or inaction of other participants, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASEES.” Some Risks cannot be predicted or controlled. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.

 

7. IT IS AGREED AND UNDERSTOOD that if the Participant commences such action or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Participant will immediately discontinue the proceedings and/or claims. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as estoppel in the event of any claim, action, complaint, or proceeding which might be brought in the future by the Participant with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint, or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised the Participant in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.

 

8. THE PARTICIPANT HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by applicable local Laws and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the State of Texas.

 

9. SEVERABILITY: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.

 

10. PHOTOGRAPHS, VIDEOS, AND RECORDINGS: Your permission to use photos or videos of you or your children or anyone whom you are signing for as guardian whether as participants, visitors, or spectators is expressly granted. You, the client hereby release all photos taken by  Xtreme Foam Fun during my event. I acknowledge that Xtreme Foam Fun will own such “Images” and further grant Xtreme Foam Fun permission to copyright, display, publish, distribute, use, modify, print, and reprint such Images in any manner whatsoever related to Xtreme Foam Fun business, including without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image by Xtreme Foam Fun prior to its use. I forever release and hold Xtreme Foam Fun harmless from any and all liability arising out of the use of the images in any manner or media whatsoever, and waive any and all claims and causes of action relating to the use of the images, including without limitation, claims for invasion of privacy rights or publicity.

 

11. WATER REQUIREMENTS: 1 Spigot with a hose attached and a standard water pressure (40 – 45psi) within 50ft from the foam machine.

 

12. ELECTRICAL OUTLETS:  For the foam machine and sound system, the lessee agrees to provide two electrical outlets rated at 115 volts with 20 amperes capacity per motor unit within 50 feet of each unit. The Rental Company will provide electrical cords for rent. If the customer is to use their own extension cord, they may provide and use a standard yellow cord up to 50ft.

13. SURFACE: Cannot be set up on dirt, rocks, sand, or within pools.

 

14. CANCELLATION /REFUND POLICY: You are welcome to cancel for any reason at least 7 days prior to your event and your $100.00 reservation fee will be held for up to 1 year during that time and you can use it to rebook your foam party as it is non-refundable.

 

If paid in full total order amount minus the $100 booking fee will be held for one year if canceled before 24 hours of delivery. If your reservation is not canceled before 24 hours of delivery you will lose any funds collected. If canceled before 7 days all money will be held for one year including the booking fee but will not be refunded.

 

Day-of-Event and Cancelations, or at Delivery receive no refund or rain check and all future rentals will require full payment to reserve. We are required to pay our staff to load and canceling at the time of delivery has already incurred labor.

 

If you cancel and the equipment is already loaded on the truck for your delivery your booking fee is then forfeited and you lose your booking fee in full and it will not be good for the 1-year period. (NO EXCEPTIONS AT ALL) For other cancellation info please see our Weather Policy below. NO REFUNDS WILL BE GIVEN FOR HOLIDAY WEEKENDS.

 

15. HOLIDAY PRICING:  Xtreme Foam Fun charges an additional 30% for services on Holiday weekends.

 

16. WEATHER POLICY:  Xtreme Foam Fun cannot guarantee weather conditions, we reserve the right to cancel or reschedule your rental prior to delivery if severe weather conditions are imminent or if we have any reason to believe that the equipment and/or its users may be in danger. Some examples of severe weather are excessive rain and lightning. Please see the Cancellation Policy for further information. 

The full amount of your retainer fee will be applied to the new order. This cancellation needs to be made the day before the event, NOT THE DAY OF and it only applies when severe weather conditions (over 50% chance of rain, freeze, hail, or winds exceeding 20MPH) do not allow the safe use and operation of our equipment. By procedure we always call 1 or 2 days before your reservation date to confirm, this would be a great time to address any weather concerns. If confirmation is obtained, drivers load your order into the vehicles and drive to your location you are responsible for the balance on your invoice regardless of the weather conditions. 

 

In consideration of the services described and in addition to all the terms and conditions set forth on the previous page of this agreement, the parties do further agree as follows:

 

  • I AGREE and understand that my booking fee is non-refundable and Absolutely no refunds will be given at any time once our company property is on your property. Once the equipment is loaded on the truck no refunds will be given and your booking fee is non-refundable and can not be used towards a future order. 
  • I AGREE and understand that it’s important that there are no obstructions that people can run into where there is foam. Make sure people know their surroundings. 
  • I AGREE and acknowledge the contagious nature of COVID-19 and other viruses. I also voluntarily assume the risk that in the course of my session with Xtreme Foam Fun, despite reasonable efforts to sanitize the space and personnel, I may become exposed or infected with COVID-19 or another virus/bacteria and that such exposure may result in injury, illness, or death. 
  • I AGREE and understand that the risk of becoming exposed to or infected by COVID-19 or another virus/bacteria during my session may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Xtreme Foam Fun personnel. 
  • I AGREE and understand that It is my responsibility to use my best judgment when following my state’s mandates of social gatherings in determining how many attend their Bubble/Foam event. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself including illness, injury, death, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my session. 
  • I AGREE and understand that my deposit is non-refundable and Absolutely no refunds will be given at any time once our company property is on your property or your event location. Once the equipment is loaded on the truck no refunds will be given and your deposit is non-refundable and can not be used towards a future order. 
  •  I AGREE and understand that if opt to have the color added to my foam party experience- then I am aware that the color additive will stain and the foam company is not liable for any damages. 
  • I AGREE ADULT SUPERVISION IS REQUIRED 100% OF THE TIME.

 

Customer Acknowledgement: The customer acknowledges and certifies that they have had sufficient opportunity to read this entire Agreement and agree to be bound by all the terms and conditions on all pages that they understand its content and that they execute it freely, intelligently, and without duress of any kind.

 

I, THE UNDERSIGNED PARTICIPANT, HEREBY CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS.

 

I, THE UNDERSIGNED PARENT/ GUARDIAN HEREBY CERTIFY THAT I UNDERSTAND THE RISKS FOR ANY MINOR PARTICIPANTS, THAT THE MINOR PARTICIPANT, AND THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND TERMS.

 

PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT.

 

I AM AWARE THAT BY SIGNING THIS AGREEMENT I ASSUME ALL RISKS.

 

I WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES, AND ASSIGNS MAY HAVE AGAINST RELEASEES.

 

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY (“AGREEMENT”)

 

 

On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Xtreme Foam Fun, its employees, agents, contractors, and representatives, of and from all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of  Xtreme Foam Fun, its employees, agents, contractors, and representatives, whether a COVID-19 or another viral/bacterial infection occurs before, during, or after participation in any session.

 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

 

In Witness Whereof, the parties hereto have signed and accepted the conditions of this Agreement as of the date first set forth above.