1. EVENT VENUE & DELIVERY

Customer grants the right to enter and exit event property for purposes of delivery and pickup of the rental equipment at approximately the above specified date and times. The Customer confirms that they have or will have all forms of lawful consent for use of the venue. This includes private and public property. The Customer is responsible to check and acquire all permissions and/or permits prior to the event date. Additionally, the Customer will be responsible for any and all fees or fines imposed against BOFA due to failure by the Customer to acquire said permission(s). The Customer is accountable for any and all effects and/or damages that occur to their property as a result of its use. The Customer also confirms that they are in compliance with all State/Local regulations or mandates that may be in effect at the time of their event. BOFA reserves the right to specify how/if such policies are executed in regards to its equipment and services.

 

2. CONDITIONS OF EQUIPMENT DELIVERED

Customer agrees to inspect the rented equipment once it is delivered to the above address and to immediately notify the persons from Barrels of Fun Amusements who are setting up the rented equipment, in a written signed notice of any observable damage or defects in the rented equipment. Customer agrees to return the rented equipment in the same good working condition in which it was delivered? The only exception is when a Customer specifically advised Barrels of Fun Amusements on in writing as being defective or damaged. If the rented equipment is damaged for any reason while it is in the possession of the Customer, or not returned by the date and time it is due, for any reason (including excuse, loss seizure or theft) the deposit may be used by Barrels of Fun Amusements to pay any amounts due Barrels of Fun Amusements under this agreement and the Customer remains Responsible for any additional rent and damages which may exceed the payment in full. This includes the cost to replace equipment if not returned.

 

3. BREAKDOWN AND USE OF EQUIPMENT

Customer is not to take down or disassemble Barrels of Fun equipment without the in person direction of a Barrels of Fun staff. If any of the rented equipment becomes unsafe or in need of repair, Customer agrees to immediately stop using it, and cause Customer’s guests to stop using it, and to contact Barrels of Fun Amusements for direction. Barrels of Fun Amusements is not responsible to Customer or any other, for injury, loss or damage from a defect in, problem with, or misuse or the rented equipment.

 

The use or exposure of Barrels of Fun equipment to events or environments (exposure of water to a game that it not designed) will/can result in the Customer having to pay the full build/purchase price of the equipment repair/replacement).

 

4. BARREL TRAIN SAFETY RULES

BOFA’s train operator/driver takes all measures to ensure the safety of all the passengers. Only BOFA staff may drive the train. The Customer agrees to refrain from writing on the cars, using stickers, tape or adhesives for the purpose of marking the barrel cars or golf cart. In the event that any individual expels bodily fluids onto BOFA equipment (i.e. vomit, urine, feces, blood, etc), BOFA reserves the right to remove the car(s) affected from use and the Customer will be charged a minimum $50 cleaning and sanitation fee per barrel car.

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• Children must be supervised by an adult guardian while loading and unloading from the barrel train. The adult must also make sure the child is correctly in their seat belt.

• All riders must remain seated with their hands inside or above the barrels at all times.

•  It is recommended that children under 24 inches tall be accompanied and ride in the lap of a parent, guardian, or individual of stature/build similar to an adult and capable of keeping a small child safe inside the barrel car. Only one child per car.

•  No food, drinks, smoking, alcohol or pets are permitted on board.

•  Exit train only when the train has come to a complete stop at the loading/unloading zone, and after the attendant says to exit.

•  Spectators must remain clear of the loading zone and train path.

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The Customer understands and acknowledges that the activity to be engaged in through rental of rides or equipment from BOFA brings with it known and unanticipated risks to guests and/or self. Those risks include but are not limited to falling, slipping, crashing, and colliding and could result in injury, illness, disease, emotional distress, death, and/or property damage. The Customer agrees to having read the safety instructions here and adhere to follow and utilize safety rules that are explained in this agreement, also any rules listed in the train rules sign on site at all times. The Customer has adequate liability insurance in the event of any bodily injury or property damage which might occur to self, guests, or invitees from the use of the rental ride or other equipment not operated by a BOFA employee. The Customer agrees to reimburse any reasonable attorney’s fees and costs, which may be incurred by BOFA in the defense of such liability claim, demand, action or right of action.

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4A. ASSUMPTION OF RISKS

Customer acknowledges that the activities to be engaged in during Customer’s rental of our rental equipment or amusement device, brings with it both known and unanticipated risks to oneself and guests and invitees. Those include but are not limited to falling, slipping, crashing or colliding, all of which could result in injury, illness, disease, emotional distress, death and/or property damage to Customer or Customer’s guests (‘Risks’). Please note that our trained driver takes all measures to always ensure the safety of all the passengers. Customer voluntarily assumes all of the Risks associated with the use of the rented equipment and the retention of the rented equipment at the address stated in the agreement.

 

5. RELEASE AND INDEMNIFICATION

Customer knowingly, freely and voluntarily releases, indemnifies and holds Barrels of Fun Amusements harmless from any and all liability, claims, demands, actions, proceedings, costs, damages, injuries and expenses (including reasonable attorney fees and court costs), whether by customer or by a third party using the rented equipment, which may arise out of or is in any way connected with the rented equipment while at the address stated in the agreement.

 

6. INSURANCE

Customer warrants and represents that Customer has adequate insurance, with liability insurance coverage for bodily injury and property damage, to fully protect the Customer and the Customer’s guests from the risks associated with using the rented equipment, and hereby waives the right of the Customer’s insurance company to bring any type of action or proceeding on behalf of the Customer against Barrels of Fun Amusements whether by assignment of claim, subrogation or otherwise. The customer may request to be added as additional insured to BOFA's insurance policy upon request. An additional fee of at least $100 will be added to the invoice for this accommodation.

 

7. SUPERVISION & RESPONSIBILITY

Customer agrees to supervise both the rented equipment and the use of the rented equipment at all times while it is at the address stated above, to insure compliance with all rules for use of the rented equipment, which Customer acknowledges having received from Barrels of Fun Amusements. Barrels of Fun Amusements requires all equipment that are staked into the ground OR if set up on a hard surface there MUST be sufficient weight supplied by the customer to anchor the game down. Liability lies within the customer during the time of operation. Customer assumes all responsibility for any underground utilities struck or damaged if ample time was not allotted for utility marking by Customer.

 

8. INCLEMENT/HAZARDOUS WEATHER POLICY

For the safety of yourself and your guests, and due to increased insurance requirements and regulations, we are not allowed to set up in rain, high winds (greater than 30 mph including gusts), lightning or situations where the NOAA 36 hour forecast calls for a 40% chance or worse. If conditions are not too severe, the Customer will have the option of keeping, rescheduling or canceling your reservation. Additionally, Barrels of Fun Amusements, LLC reserves the right to cancel your reservation during these periods of severe weather conditions. The basis for cancellation may be for any of these reasons: 1) Safety of the children during operation; 2) Safety of the operator at any time between load up and tear-down; and 3) Safety of the amusement equipment or their transportation. It is the Customer’s responsibility to pay attention to the weather and provide notification of their intent to reschedule no less than 24 hours prior to their event. See our cancellation/rescheduling and refund policy for more details.

Please keep in mind, once our equipment or service departs for your event, your payment is no longer refundable or eligible for credit.

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Certain conditions may apply should services be provided during a period where temperature/heat index are considered hazardous including 1) Heat index above 100 F; 2) Temperature less than 45 F; and 3) Snow/rain/mixture of each. If any of these conditions are met during load up, departure for the event, setup, operation or tear-down then Barrels of Fun Amusements reserves the right to cancel or discontinue service on the basis of safety as previously mentioned. If the Customer still requests service be provided when the weather forecast predicts that inclement or hazardous conditions are possible, then the customer is not eligible for credit once Barrels of Fun has departed for their event.

 

9. HIGH DEMAND MONTHS

May and October are considered high demand months, meaning that BOFA receives the most inquiries and reservations during these times. If the Customer’s event is originally scheduled to occur during one of these ‘high demand’ months, then the Customer’s payment is non-refundable once received. This also applies to our down season (Jan – Feb), should we make special accommodations for events during these months. Please review the DEPOSITS AND PAYMENTS, INCLEMENT WEATHER, and CANCELLATION AND REFUND policy sections for additional details and information.

 

10. VOLUNTEER STAFF AS TRAIN ATTENDANT

For barrel train events with crowds exceeding more than 100 people at any given time requires a train attendant. Train attendants can be provided by BOFA at a $20 hourly rate. The Customer may elect to provide a volunteer attendant at no cost to them. Train Attendant(s) are responsible for 1) Keeping children out of the riding zone, 2) Assisting riders in and out of the train, 3) Checking that seatbelts are properly fastened at all times, and 4) And any other guidance that the train operator provides. Attendants DO NOT drive or operate the train in any way.

 

11. DEPOSITS AND PAYMENTS

BOFA accepts cash, check or credit card payments. Credit card payments are made through Paypal.com and are subject to a 3.74% merchant card fee. Payments must be made in full in order to complete any reservation. 25% of the total invoice amount is non-refundable and is listed as the deposit amount on the Customer’s invoice. BOFA takes the equipment out of inventory for that date/time frame and it becomes unavailable for use by other customers. There is a $35.00 fee for returned, held or canceled checks.

 

12. CANCELLATION/RESCHEDULING AND REFUND POLICY

25% of the total invoice amount is non-refundable and is listed as the Deposit Amount on the Customer’s invoice. Cancellations greater than 30 calendar days from event date are eligible for a refund minus the non-refundable deposit amount; Less than 30 days before event date, the full balance paid is non-refundable however it may be exchanged for credit (minus the non-refundable deposit amount) towards a future event before the voucher expiration date. All cancellations and rescheduling must be communicated to BOFA no less than 24 hours prior to the event start to avoid any additional fees unless otherwise mentioned. Payments made via credit or debit card through Paypal.com will not have any merchant card processing fees refunded or credited. (Payments made by cash or check are not subject to processing fees.) However, if the Customer’s event is originally scheduled to occur during one of BOFA’s ‘high demand’ months, then full invoice payment is non-refundable once paid and no credit vouchers will be issued.

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In all of the following circumstances, the Customer must provide notification to reschedule 24 hours prior to their event to arrange for an alternate date within the same rental season calendar year. Conditions of rescheduling are listed below.

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• First cancellation/rescheduling: A credit voucher will be issued to the Customer minus the non-refundable 25% deposit amount. This voucher must be submitted at the time of rescheduling to receive credit. No fees will be assessed if the original event date was not in a ‘high demand month.’ The Customer has 60 calendar days from their initial event date to confirm their reschedule date. Rescheduled dates may be subject to schedule conflicts. Customer may request an extension of their voucher to one (1) calendar year if this occurs. This voucher may be used for any services provided by BOFA if available and includes previously encumbered fees and taxes. Failure by the Customer to produce their voucher will result in loss of credit.

• Second cancellation/rescheduling: An additional 25% fee will be applied to any remaining credit. The new event date must be confirmed and communicated to BOFA within 30 calendar days of the second event date to receive credit. Rescheduled dates may be subject to schedule conflicts. However, the Customer may not request an extension of their voucher if this occurs. This voucher may be used for any services provided by BOFA if available and includes previously encumbered fees and taxes. Failure to produce the voucher or cancellation/rescheduling a third time will result in loss of full voucher credit.

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In the event of mechanical failure of the train or any rental during the time of service, the Customer may receive a refund or credit up to 50% of the affected rental/service. The Customer is responsible for notifying BOFA of any mechanical failures no later than the end of their event as noted on the invoice. The Customer will be issued a full refund/credit for any affected service/rental BOFA is unable to provide at the start of (or at all) for their event.

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13. ORDINANCES

If your city, community or neighborhood has an ordinance requiring a permit or other authorization process for amusement rentals that includes notifying neighbors, home owners association(s), police or other permit-issuing/requiring agency in advance of the date and time of the event, then please ensure that this has been cleared ahead of time. Unclear or inadequate preparation can be common oversights and may lead to a delay or cancellation of service without refund.​​​ Additionally, the Customer will be responsible for any and all fees or fines imposed upon Barrels of Fun Amusements LLC due to failure by the Customer to comply with all applicable laws, codes, ordinances or other governing regulations.

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COVID-19

Customer has reviewed the attached BOFA COVID-19 Policy and agrees with the terms within it.

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Barrels of Fun Amusements, LLC

7465 Tapley Avenue Norfolk, VA 23505

(757) 695-3800 | barreltrain@gmail.com